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PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE ORDINANCE NO. 6526-00 2ND READING I I I I I I I I I I I I I I I I I I I G · \ 5 ' 00 w PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE ORDINANCE NO. 6526-00 June 15,2000 City Commission Meeting 2nd Reading of Proposed Ordinance Prepared by the City of Clearwater Planning Department t DIVISION 9. GENERAL APPLICABILITY STANDARDS Section 3-901. General/technical codes. The following technical standards and codes are hereby incorporated by reference as if fully set out herein, and shall be maintained and kept on file in the office of the city manager: A. Florida Department of Transportation's Standard Specifications and Roadway and Traffic Design Standards (latest edition). B. City of Clearwater Subdivision Design Standards and Stormwater Drainage Criteria Manual. C. Sidewalk Construction Specifications. Section 3-902. Comprehensive plan densities/intensities. A. Notwithstanding any provision in Article 2 of this development code, no application for development approval shall be granted for any development which exceeds the densities and intensities for that development in the comprehensive plan. B. Density averaging is permitted provided the entire area under consideration is considered as one proiect in which the property is located and the total dwelling unit and transient accommodation count does not exceed what is otherwise allowed for the total area under consideration. C. Intensity averaging is permitted provided the entire area under consideration is considered as one project in which the property is located and the total amount of impervious surfaces and floor area located on the site does not exceed what is otherwise allowed for the total area under consideration. Section 3-903. Required setbacks. A. Except for fences, walls, outdoor lighting and signs, no building or structure or portable storage unit shall be permitted in a setback required by the applicable zoning district. B. Irregularly shaped lots (i.e. those lots having property lines not generally parallel with or perpendicular to adjoining street rights-of-way or street right-of-way easements) shall have side and rear setbacks established by the community development coordinator generally consistent with the side or rear setback requirements for the applicable zoning districts and the orientation of the lots to adjoining properties and structures. C. A double frontage lot located within a plat of record which has a deed or plat restriction prohibiting access to the nonfrontage, i.e. the street with no address, may use the required rear setback for the "nonfrontage" portion of the lot. Page 3 - 41 D. Corner lots shall have two front setbacks and two side setbacks. E. Properties traversed by the coastal construction control line shall be governed by the setback requirements of that line, if such requirements are more restrictive than those required in the applicable zoning district. F. Freestanding, (i.e. not affixed on top of a building), radio and television antennas shall be set back from all property lines a distance equal to 50 percent of the height of the antenna. G. Swimming pools and screened pool enclosures shall comply with the setbacks required in the applicable zoning district for the principal use, unless otherwise permitted pursuant to flexibility criteria in that district. H. Mechanical equipment. 1. Except as provided in subsection H(2) of this section, air conditioning equipment, pool equipment and similar mechanical equipment not enclosed within a building shall be exempt from side and rear setback requirements but shall comply \vith the screening pro'/isions of section 3 20l(D) of this development code be screened from any public right-of-way and adjacent properties. 2. No air conditioning equipment, pool equipment or similar mechanical equipment shall be permitted within a reduced side setback which has been approved as a level one flexible standard development or as a level two flexible development. Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and 5eVefl eight (8) feet above grade within the sight distance triangle described in the following figure. INSET: diagram B. To enhance views of the water from residential waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches in the 45 angle formed by ten feet back from the property line on the water and along the side property line. INSET: diagram Section 3-905. Coastal construction control line. A. Purpose. This section establishes within the city the coastal construction control line as the line of reference from which setbacks shall be measured along the Gulf of Mexico for Page 3 - 42 '" J. Required shade trees planted shall not be topped, shaped or severely pruned, but must be allowed to grow to maturity and attain their natural form so that crown development is not inhibited. K. All landscaping near public sidewalks must be maintained to allow unobstructed passage of pedestrians. L. Dead, declining, missing and diseased plant material shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. M. Landscaping will be inspected periodically by the City, but not less frequently than every three years to ensure that proper maintenance is provided. Section 3-1205. Tree protection. A. Removal permit--Required No person may remove or cause to be removed any protected tree or any palm with a 10' clear and straight trunk without first having procured a permit as provided in Article 4, Division 12. B. Criteria for issuance of a removal permit. 1. No permit shall be granted for the removal of a specimen or historic tree. 2. In determining whether or not a required removal permit shall be granted, the community development coordinator shall consider the following: a. The condition and location of the protected tree or palm with respect to disease, insect attack, danger offalling, proximity to existing or proposed structures and interference with utility services. b. Protected trees and palms shall be preserved to the maximum extent possible and reasonable flexibility in the design of permitted uses shall be granted, within the parameters of the zoning district within which the property is located, in order to ensure such preservation. c. Whether protected trees or palms can be successfully relocated on-site in order to accommodate the proposed development. d. If a protected tree or palm must be removed in order to permit an economic use of the property which would otherwise be permitted, the applicant must give the city a reasonable opportunity to relocate the tree to another site in accordance with the provisions of section 3-1205(C) and replace protected trees on-site in accordance with the provisions of section 3-1205(D) or pay into the city's tree bank for every protected tree that is removed in accordance with the provisions in section 3-1205(D). Page 3 - 63 C. Relocation by city or county. The applicant for a tree removal permit may authorize the city to enter upon the property and remove a tree or palm at the city's expense prior to the owner's proposed removal, if in the opinion of the city manager, such tree is of sufficient value to warrant relocation by the city. The city manager, in deciding whether to accept or reject such a donation, shall consider the tree's physical condition, health or other circumstances, such as potential damage to utility lines, that may be anticipated to occur during such relocation as well as the city's need for the proposed donation. Such donated trees will be utilized for landscaping on public lands or as otherwise determined by the city manager. D. Replacement of protected trees and palms. If the applicant for a tree removal permit clects to replace the protected trees on site, the total amount of caliper DBH removed shall be replaced on an inch for inch basis.. The replacement of protected trees and palms shall be in compliance with Section 3-1202(B)(I) and the following: 1. Multi-familv and commercial properties. The total amount of DBH removed from a multi-family or commercial site shall be replaced on an inch-for-inch basis. 2. Single-familv and two-familv properties. The following shall govern the minimum number of trees that shall be required on a single-family or two-family lot. This does not exclude compliance with Section 3-1205(B) Criteria for issuance of a removal permit which may result in the number of trees in excess of the minimum required. Required Number of Trees on Single-Family and Two- F amil Lots Lot Size (sauare footage) Number ofReauired Trees Less than 5.000 2 5.000 - 10.000 4 10.001- 15.000 6 Over 15.001 8 -l- 1. V/hen tree replacement requirements are so great that sufficient space is not a'v'ailable to replace the equivalent of all protected trees on site in accordance with these requirements, or when the applicant chooses not to replace some or all the protected trees removed, the remaining caliper deficit shall be met by paying a fee to the tree bank in lieu of replacement. The fee shall be $81.00 for each two inches caliper DBH of deficit. This yalue was determined using a base value of $27. 00 per square inch of cross sectional area. EXMfPLE: The fee for a deficit often diameter inches '.'lOuld be 10 inches x $81.00 per two inches - 5 inches x $81.00 - $420.00. When the Community Development Coordinator determines that there is not sufficient space available to replace the equivalent of all protected trees on-site in Page 3 - 64 I I I I I I I I I I I I I I, I I I I I ORDINANCE NO. 6526-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING COMPREHENSIVE AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL PROVISIONS; AMENDING ARTICLE 2, ZONING DISTRICTS, BY MAKING CHANGES IN THE MINIMUM STANDARD, FLEXIBLE STANDARD, AND FLEXIBLE DEVELOPMENT USES, DIMENSIONAL STANDARDS, AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY MAKING COMPREHENSIVE CHANGES TO DEVELOPMENT STANDARDS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, BY REVISING THE PROVISIONS REGARDING LEVEL 1, 2, AND 3 APPROVALS; AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS; AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, TO CONFORM TO RECENT STATUTORY CHANGES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY REVISING, ADDING, AND DELETING CERTAIN DEFINITIONS; REPEALING SECTION 28.10, CODE OF ORDINANCES, REGARDING NEWSRACKS AND VENDING MACHINES; REPEALING SECTIONS 52.08, 52.09. AND 52.10, CODE OF ORDINANCES, REGARDING PROTECTIVE BARRIER REQUIREMENTS AND PROTECTION DURING CONSTRUCTION ACTIVITES, PROPER TREE CARE, PROHIBITED TREE PRUNING, AND TREE SERVICE COMPANIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21,1999 which was effective on March 8,1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all the new zoning districts in all parts of the City and which utilize Minimum, Standard, Flexible Standard, and Flexible levels of review, and WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards, procedures, zoning districts and the allowable uses which need amendment to more fully implement the redevelopment intent of the Code; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, Ordinance No. 6526-00 I I I I I I I I I I I ,I I I I I I I I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments to the Land Development Code of the City of Clearwater (as adopted by Ordinance No. 634S-99 and subsequently amended) are hereby adopted to read as set forth in Exhibit A to this Ordinance, which Exhibit is incorporated in this Ordinance as if fully set forth herein. Section 2. The following provisions of the City of Clearwater Code of Ordinances are hereby repealed in their entirety: Section 2S.10, Newsracks and Vending Machines, of Chapter 2S, Streets, Sidewalks, Other Public Places; Sections 52.0S, Protective barrier requirements and protection during construction activities, 52.09, Proper tree care; prohibited tree pruning, and 52.10, Tree service companies, of Chapter 52, Tree Protection. Section 3. The City of Clearwater does hereby certify that the amendments contained in Exhibit A to this Ordinance, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. adoption. The provisions of this Ordinance shall take effect 14 days following PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney 2 Ordinance No. 6526-00 I I I I I I I I I I I I I I I I I I I ARTICLE 1. GENERAL PROVISIONS Sec. 1-101. Title. Sec. 1-102. Authority. Sec. 1-103. General purposes. Sec. 1-104. Jurisdiction and applicability. Sec. 1-105. Comprehensive plan. Sec. 1-106. Transitional rules. Sec. 1-107. Severability. Sec. 1-108. Countywide consistency. Section 1-101. Title. This Code shall be known as and referred to as the Community Development Code of the City of ClealWater ("this Development Code"). Section 1-102. Authority. This Land Development Code is enacted pursuant to the requirements and authority of Section 163.3161 et seq., Florida Statutes (the Local Government Comprehensive Planning and Land Development Regulation Act), the Charter of the City ofClealWater, and the powers and authority in Chapters 60, 162, 166, 171, 177, 286 and 823, Florida Statutes. Section 1-103. General purposes. A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods: and to enhance the quality of life of all residents and property owners of the city. B. It is the purpose of this Community Development Code to create value for the citizens of the City of ClealWater by: 1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment; 2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; and 3. Strengthening the city's economy and increasing its tax base as a whole. Page 1 - 1 Page 1 - 2 I I I I I I I I I I I I I I I I I I I I c. It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. E. It is the further purpose ohhis Development Code to: 1. Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city; 2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; 3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings; 4. Provide the most beneficial relationship between the uses ofland and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement; 5. Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings; 6. Provide for open spaces through efficient project design and layout that addresses appropriate relationships between buildings on the project site and adjoining properties, including public rights-of-way and other public places; 7. Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainageways, and other natural areas having beneficial hydrological characteristics and functions; 8. Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city; 9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized; .- I I I I I I I I I I I I I I I I I I I 10. Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses; 11. Enumerate density, area, width, depth, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics; 12. Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use ofland and water within the city. Section 1-104. Jurisdiction and applicability. A. This Development Code shall govern the development and use of land and structures within the corporate limits of the city. B. No building, structure, water or land shall be used or occupied, and no building, structure, or land shall be developed unless in conformity with all of the provisions of the zoning district in which it is located, all applicable regulations, and all development approvals. Section 1-105. Comprehensive plan. The Comprehensive Plan of the City of Clearwater is the official statement of policy of the city in regard to the use of land and all use or development of land undertaken pursuant to this Development Code shall be consistent with the Comprehensive Plan. Section 1-106. Transitional rules. A. Transition period Where a complete application for development approval is pending on the adoption of this Development Code, the provisions of the regulations in effect when the application was filed shall govern the review and approval of the application for development approval, provided that: 1. The application is approved within six (6) months of the date of adoption of this Development Code; and 2. Construction begins within six (6) months of the issuance of such approval and is diligently pursued to completion. B. Existing unlawful uses and structures. A structure or use not lawfully existing at the time of the adoption of this Development Code is lawful only if it conforms with all of the requirements of this Development Code. Page 1 - 3 E. F. c. I I I I I I I I I I I I I I I I I I I Existing approved uses. An existing use which is lawful on the date of adoption of this Development Code, whether permitted as a "permitted use" or a "conditional use" in the zoning district in which it is located, shall not be deemed nonconforming solely because the procedure for approval has changed through the adoption of this Development Code. In the event the use was approved subject to one or more conditions, those conditions shall continue in full force and effect unless a new approval is obtained. If the existing use is nonconforming under either the prior Land Development Code or this Development Code, then such use shall come into conformance with this Development Code if required by the provisions of Article 7. D. Previously granted variances. 1. All variances granted subject to a time frame for construction which are still in effect on the adoption of this Development Code shall remain in full force and effect, including any conditions attached thereto, and the recipient of the variance may proceed to develop the property in accordance with the plans previously approved. However, if the recipient of the variance has failed to commence construction before the variance expires, the provisions of this Development Code shall govern and the variance shall have no further force and effect. 2. Any variance granted which is not subject to a time frame for construction, where the development proposal to which the variance related has not been commenced prior to the adoption of this Development Code, shall remain in full force and effect, including any conditions attached thereto, and the recipient of the variance may proceed to develop the property in accordance with the plans previously approved. However, if the recipient of the variance fails to commence construction within six (6) months of the adoption of this Development Code, the provisions of this Development Code shall govern and the variance shall have no further force and effect. Previously certified site plans. All site plans certified prior to the adoption of this Development Code, and any conditions attached thereto, shall remain in full force and effect, and the recipient of the certified site plan may proceed to develop the property in accordance with the certified site plan previously approved. However, if the recipient of the certified site plan has failed to commence construction before the certified site plan expires or if a certified site plan is abandoned, the provisions of this Development Code shall govern. No site plan certified prior to the adoption of this Development Code shall be extended. Previous approvals with required reviews. In the event that an approval granted prior to the adoption of this Development Code includes a condition requiring further review in regard to the development, such further review shall be conducted by the community development board. Page 1 - 4 I I I I I I I I 'I I I I I I I I I I I G. Previous amortization schedules. In the event any use or structure has been subject to an amortization provision under a previously adopted City Code the use or structure shall continue to be subject to those provisions. H. Prior zoning districts. Upon the adoption of this development Code, land which is presently zoned within an existing zoning classification shall be classified within one of the zoning classifications set forth in Article 2 of this Development Code, as follows: OLD DISTRICT NEW DISTRICT Single-Family Residential One ("RS 1") Low Density Residential ("LDR") Single-Family Residential 2 ("RS 2") Single-Family Residential 4 ("RS 4") Single-Family Residential 6 ("RS 6") Low Medium Density Residential ("LMDR") Single-Family Residential 8 ("RS 8") Multiple-Family Residential 8 ("RM 8") Medium Density Residential ("MDR") Multiple-Family Residential 10 ("RM 10") Multiple-Family Residential 12 ("RM 12") Multiple-Family Residential 16 ("RM 16") Multiple-Family Residential 20 ("RM 20") Medium High Density Residential (Il\1HDR") Multiple-Family Residential 24 ("RM 24") Multiple-Family Residential 28 ("RM 28") High Density Residential ("HDR") Mobile Home Park ("MHPRMH") Mobile Home Park ("RMHMHP") Planned Development ("PD") CONVERTED DISTRICTS CONSISTENT WITH PLANNED DEVELOPMENT USE Limited Office ("OL") Office ("0") General Office ("0G") Commercial Beach ("CB ") Tourism ("T") Resort Commercial 24 ("CR 24") Resort Commercial 28 ("CR 28") Neighborhood Commercial ("CN") Commercial ("C") North Greenwood Commercial ("CNG") General Commercial ("CG") Infill Commercial ("C!") Highway Commercial ("CH") Commercial Center ("CC") Downtown Mixed Use ("D/MU") Downtown ("D") Urban Center ("UC") Page 1 - 5 Limited Industrial ("IL") Industrial, Research and Technology ("IRT") Research, Development and Office Park ("RD") Public/Semi-Public ("P/SP") Institutional ("1") Open Space/Recreation ("OS/R") Open Space/Recreation ("OS/R") Preservation ("P") Preservation ("P") Mixed Use (".MU") Activity Center/Primary ("AC/p") and Omitted Secondary ("AC/S") Overlay Historic Overlay ("HO") Process for Designation included in Article 4, Division 6 Floodplain Overlay ("OF") Omitted Neighborhood Conservation Overlay ("NC") process for designation included in Article 4, Division 6. 1. Properties affected by eminent domain. When an eminent domain project has begun and has achieved a substantial amount of progress as evidenced by the condemning authority's adoption of a resolution and/or the approval of final construction plans with greater than 60% completion and/or other actions that demonstrate substantial progress prior to the adoption of this Code, the condemning authority or property owner may request that the City review the property under this section. If requested by either the condemning authority or property owner, the City will evaluate the property's compliance with the previous Land Development Code and related regulations and this Community Development Code and develop a post- acquisition site plan which applies this Code where physically and financially feasible and adequately improves the public safety issues of the site. The Community Development Coordinator may require mitigation and/or improvements to the site that are related to the specific conditions of the site and implement the purposes of this Code. Based on the above criteria the Community Development Coordinator shall review and approve a site plan which shall govern the redevelopment of the site after the acquisition by the condemning agency. Section 1-107. Severability. Should any section or provision of this Development Code be declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the Page 1 - 6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I validity of this Development Code as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Section 1-108. Countywide consistency. Applications for development approval shall be consistent with the provisions of this Community Development Code and the Countywide Future Land Use Plan as required by state law. Development potential is based on the applicable zoning district and as permitted by the Countywide Future Land Use Plan Designation. In cases where there is a difference between the density permitted in the zoning district and that which is permitted by the land use classification, the more restrictive shall prevail. In addition, uses of land shall be consistent with uses permitted in the assigned zoning district as well as the uses permitted by the Countywide Future Land Use Plan Designation. Page 1 - 7 I I I I I I I I I I I I I I I I I I I ARTICLE 2. ZONING DISTRICTS Division 1. Low Density Residential District ("LDR") Sec. 2-101. Intent and purpose. Sec. 2-101. 1. Maximum development potential. Sec. 2-102. Minimum standard development. Sec. 2-103. Flexible standard development. Sec. 2-104. Flexible development. Division 2. Low Medium Density Residential District ("LMDR") Sec. 2-201. Intent and purpose. Sec. 2-201.1. Maximum development potential. Sec. 2-202. Minimum standard development. Sec. 2-203. Flexible standard development. Sec. 2-204. Flexible development. Division 3. Medium Density Residential District ("MDR") Sec. 2-301. Intent and purpose. Sec. 2-301.1. Maximum development potential. Sec. 2-302. Minimum standard development. Sec. 2-303. Flexible standard development. Sec. 2-304. Flexible development. Division 4. Medium High Density Residential District ("MHDR") Sec. 2-401. Intent and purpose. Sec. 2-401.1. Maximum development potential. Sec. 2-402. Minimum standard development. Sec. 2-403. Flexible standard development. Sec. 2-404. Flexible development. Division 5. High Density Residential District ("HDR") Sec. 2-501. Intent and purpose. Sec. 2-501.1. Maximum development potential. Sec. 2-502. Minimum standard development. Sec. 2-503. Flexible standard development. Sec. 2-504. Flexible development. Division 6. Mobile Home Park District ("MHP") Sec. 2-601. Intent and purpose. Sec. 2-601.1. Maximum development potential. Sec. 2-602. Minimum standard development. Page 2 - 1 Page 2 - 2 I I I I I I I I I I I I I I I I I I I Sec. 2-603. Flexible standard development. Division 7. Commercial District ("C") Sec. 2-701. Intent and purpose. Sec. 2-701.1. Maximum development potential. Sec. 2-702. Minimum standard development. Sec. 2-703. Flexible standard development. Sec. 2-704. Flexible development. Division 8. Tourist District ("T") Sec. 2-801. Intent and purpose. Sec. 2-801. 1. Maximum development potential. Sec. 2-802. Flexible standard development. Sec. 2-803. Flexible development. Division 9. Downtown District ("D") Sec. 2-901. Intent and purpose. Sec. 2-901.1. Maximum development potential. Sec. 2-902. Flexible standard development. Sec. 2-903. Flexible development. Division 10. Office District ("0") Sec. 2-1001. Intent and purpose. Sec. 2-1001.1. Maximum development potential. Sec. 2-1002. Minimum standard development. Sec. 2-1003. Flexible standard development. Sec. 2-1004. Flexible development. Division 11. Mixed Use District ("1m") Reserve Sec. 2 1101. Intent and purpose. Sec. 2 1101.1. Maximum development potential. Sec. 2 1102. Minimum standard development. Sec. 2 1103. Flexible standard de'v'elopment. Sec. 2 1101. Flexible development. Division 12. Institutional District ("1") Sec. 2-1201. Intent and purpose. Sec. 2-1201. 1. Maximum development potential. Sec. 2-1202. Minimum standard development. Sec. 2-1203. Flexible standard development. Sec. 2-1204. Flexible development. I I I I I I I I I I I I I I I I I I I Division 13. Industrial, Research and Technology District ("IRT") Sec. 2-1301. Intent and purpose. Sec. 2-1301.1. Maximum development potential. Sec. 2-1302. Minimum standard development. Sec. 2-1303. Flexible standard development. Sec. 2-1304. Flexible development. Division 14. Open Space/Recreation District ("0SR") Sec. 2-1401. Intent and purpose. Sec. 2-1401.1. Maximum development potential. Sec. 2-1402. Minimum standard development. Sec. 2-1403. Flexible standard development. Sec. 2-1404. Flexible development. Division 15. Preservation District ("P") Sec. 2-1501. Intent and purpose. Sec. 2-1501.1. Maximum development potential. Sec. 2-1502. Flexible standard development. The following chart is a summary of the uses permitted in each zoning district. The "X" only indicates whether the use is permitted; it does not indicate the nature of the approval required. No use is permitted unless it complies with the provisions of the zoning district in which it is located and the applicable development standards in Article 3 of this Development Code. Use Categories Residential Detached dwellings X XXXXX ~ Attached dwellings X X X X X X ~ IAccessory dwellings X X X X ~ X X "'ommunity residential homes X X X X X X ~ l.1obile home X l.1obile home park X Residential infill project X X X X X Nonresidential Adult uses X X Airport X !Alcoholic beverage sales X X X ~ ~mal grooming and boarding X X X ....ssisted living facilities X X X X ....uto service stations X X Page 2 - 3 I r'emeteries X ~ Comprehensive inf1l1 X X X X :;if X X X edevelopment project .(CIRP) rongregate care X X X X j Convention center X Educational facilities X X X X Governmental uses X X X X X I! Halfway houses X I Hospitals X Ifndoor recreation/entertainment X X X In ight assembly X II Limited vehicle salesldispll!.Y X X irnited vehicle service X 11 Manufacturing X Marinas X X X X X. , Marinas facilities X X X X :;if II Medical clinic X X X X . Mlxeduse X X 11 Nightclubs, taverns and bars X X X X Non-residential parking X X X X Nursing homes X X X X il Offices X X X X X :;if X IOff-street parking X X Onen soace X x~1 Outdoor recreation/entertainment X X X X X Putdoor retail sales, display and/or X X !storage jl Overnight accommodations X X X X X X X :;if X X Parking garages and lots X X X :;if X X X Parks and recreation facilities X X X X X X X X X X X X ~I Places of worship X X X X Problematic use X Public facility X X 11 [PUblic transportation facilities X X X X X :;if X X X [Research and technology use X I Residential shelters X :;if X X Restaurants X X X X :;if X X [Retail sales and services X X X X X X X X X il IRv parks X alvage vard X Schools X X X X X X X 11 Self-storage warehouse X X Sidewalk vendors X X ~ocial and communi tv centers X ~I Social/oublic service agencies X X X X e!ecornmunications towers X X X X X 11 Page 2 - 4 I - I I I I I I I I I I I I I I I I I I I FrV/radio studios X X i ! lutility/infrastructure facilities ~ X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, major X Vehicle service X Vehicle service, major X Veterinary offices X X X Wholesale/distribution/warehouse X acilitv DIVISION 1. LOW DENSITY RESIDENTIAL DISTRICT ("LDR") Section 2-101. Intent and purpose. The intent and purpose of the Low Density Residential District ("LDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of reinvigoration or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city. Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent ofthe LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Land Use Designation per Acre of Land Ratio/Impervious Surface Ratio Residential Estate 1 dwelling unit per acre FAR .30/ISR .60 Residential Suburban 2.5 dwelling units per acre FAR .30/ISR .60 Residential Low 5 dwelling units per acre FAR .40/ISR .65 Page 2 - 5 Section 2-102. Minimum standard development. The following uses are Level One permitted uses in the LDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-102. "LDR" District Minimum Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear Community 10.000 100 25 12 25 30 2/unit Residential Homes (6 or fewer residents) Detached 20,000 100 25 15 25 30 2/unit Dwellings INSET: low density residential district Section 2-103. Flexible standard development. The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear ill Community 10,000 -l-OO ~ B ~ ;;G ~ Residential Homes pffi5-l- (6 or fewer feF residents) ~ staff member Page 2 - 6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Detached Dwellings 10,000-- 50--100 25 5--15 5-25 30 2/unit 20,000 Util ity/Infrastructure n/a n/a 25 15 25 n/a n/a Facilities ill (1) The Building Code may reauire the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. (2) Utility/infrastructure uses shall not exceed 3 acres. Anv such use. alone or when added to contiguous like uses which exceed 3 acres shall reauire a land use Dlan maD amendment to TransoortationlUtility which shall include such uses and all contiguous like uses. Flexibility criteria: II. "'..... CommNl'lit)' rosidential hf.JNles. 1. THe number of resideRts does not exceed six~ 2. THe neighborHood in wHicH tHe parcel proposed fur de';e!opment is a stable neigHborHood WHere the a';erage assessed value of improvements eKceeds the assessed '1alue of land. 3. The parcel proposed for de'/elopment is not 10aMed within 1,000 feet of anotHer parael of land used f-or oomRWnity residential home purposes. BA. Detached dwellings. 1. The parcel proposed for development is a comer lot or is an existing lot~ 2. Structures located within the side and rear setbacks otherwise required in the LDR District are used only for accessory uses such as a swimming pool~ 3. Structures within the side and rear setback otherwise required in the LDR District are buffered with landscape material and fences to protect the privacy and value of adjacent properties. GH. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way~ 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Page 2 - 7 Page 2 - 8 I I I I I I I I I I I I I I I I I I I Section 2-104. Flexible development. The following Level Two uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-104. "LDR" District Flexible Development Standards Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. (ft.) ft.) Front Side Rear ill Attached 10.000 100 25 10 U 30 1. 5/unit dwellinl!s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20.000SF Recreation land area or as Facilities determined by the Community Development Director based on the lTE Manual standards Residential Infill n/a n/a 10 -25 0--15 0--15 l5-30 1/unit Schools 40,000 200 25 15 25 30 1/3 students (1) The Building Code may reauire the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. Flexibility Criteria: A. Attached dwellings. 1. The parcel proposed for development is a corner lot and is vacant on the date of adoption of this Development Code: 2. The buildings are designed with front setbacks on both streets: 3. Off-street parking is screened from adiacent parcels ofland by a landscaped wall or fence of at least four feet in height: I I I I I I I I I I I I I I I I I I I 4. No more than two dwelling units front on a single street: 5. The development of attached dwellings does not require the removal of a protected tree: 6. The dwelling units are contained in no more than two buildings: 7. The buildings are consistent with the architectural style of existing dwellings in the immediate vicinity of the parcel proposed for development: 8. The parcel proposed for development is not located in a designated Neighborhood Conservation District: or if the parcel is within the boundaries of a designated Neighborhood Conservation District. the lot area. lot width and setbacks are not less than 90 percent of the average lot area. lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. A B. Overnight accommodations. 1. The use is accessory to the use of the principal building as a private residence; 2. The number of units in the proposed overnight accommodations use does not exceed sHf four; 3. Food service in conjunction with overnight accommodations shall be limited to guests of the use; 4. The parcel proposed for development fronts on an arterial street; 5. Off-street parking is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area can not project into adjacent properties; 6. All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure; 7. The parcel proposed for development is not located in a designated Neighborhood Conservation District; or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent ofthe average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. Page 2 - 9 Page 2 - 10 I I I I I I I I I I I I I I I I I, I I C. Parks and recreational facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adiacent parcels ofland and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adiacent land used for residential purposes. 4. The characteristics of the parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be used for passive recreational purposes. BD. Residential infill projects. 1. The development or redevelopment of the parcel proposed for development is otherwise ecoRomieally impractical without deviations from the intensity and other development standards; 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; 3. The uses within the residential infill project are otherwise permitted in the district; 4. The uses within the residential infill project are compatible with adjacent land uses; 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G E. Schools. 1. The parcel proposed for development fronts on a major arterial; I I I I I I I I I I I I I I I I I I I 2. All off-street parking is located at least 200 feet from any property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. DIVISION 2. LOW l\ffiDIUM DENSITY RESIDENTIAL DISTRICT ("LMDR") Section 2-201. Intent and purpose. The intent and purpose of the Low Medium Density Residential District ("LMDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low to medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. Section 2-201.1. Maximum development potential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent ofthe LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Max. Floor Area Land Use Units per Ratio/Impervious Designation Acre of Land Surface Ratio Residential Low 5 dwelling units per acre F AR.30/ISR.60 Residential Urban 7.5 dwelling units per acre FAR .40/ISR .65 Section 2-202. Minimum standard development. The following uses are Level One permitted uses in the LMDR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Page 2 - 11 Table 2-202. "LMDR" District Minimum Standard Development Use Min. Min. Min. Max. Min. Lot Size Lot Setbacks Height Off-Street (sq. ft.) Width (ft.) (ft.) Parking (ft.) Front Side Rear ill Community 5,000 50 25 5 15 30 2/unit t*t:ts Residential 1 for e'/ery Homes (up 5tatf to 6 member residents) Detached 5,000 50 25 5 15 30 2/unit Dwellings ill Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may reauire the rear setback to be at least 18 feet from a seawall. INSET: diagram Revise illustration - change setback for swimming pools from 15' to 10'. Section 2-203. Flexible standard development. The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Size Lot Setbacks Height Off-Street (sq. ft.) Width (ft.) (ft.) Parking (ft.) Front Side Rear ill Attached 10,000 100 25 10 15 30 1.5/unit Dwellings Detached 5,000 50 15--25 5 5--15 30 2/unit Dwellings Utility/ nla nla 25 10 15 nla nla Infrastructure Facilities ill Page 2 - 12 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (!) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code mav reauire the rear setback to be at least 18 feet from any seawall. (2) UtilitvlInfrastrocture uses shall not exceed 3 acres. Anv such use. alone or when added to contiguous like uses which exceed 3 acres shall reauire a land use Dlan maD amendment to Transportation which shall include such uses and all contiguous like uses. Flexibility Criteria: A. Attached dwellings. 1. The parcel proposed for development is a comer lot and is vacant on the date of adoption of this Development Code; 2. The buildings are designed with front setbacks on both streets; 3. Off-street parking is screened from adjacent parcels of land by a landscaped wall or fence of at least four feet in height; 4. No more than two of the front doors of the dwelling units front on a single street; 5. The development of the attached dwellings does not require the removal of a protected tree; 6. The dwelling units are contained in no more than two buildings; 7. The buildings are consistent with the architectural style of existing dwellings in the immediate vicinity of the parcel proposed for development; 8. The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. B. Detached dwellings. 1. Front setback: a. A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right-of-way; Page 2 - 13 Page 2 - 14 I I I I I I I I I I I I I I I I I I I b. The reduction in front setback will not adversely affect adjacent property values. c. The reduction in front setback is consistent with neighborhood character: and d. The reduction in front setback results in an efficient house layout. 2. Rear setback: a. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or b. The reduction in rear setback will allow the development or redevelopment of a substandard lot which would otherwise not be econ.omieally feasible; or c. The stru6tl:1res located ",Athin. the rear setback othenvise required in the LMDR District a-re on.ly used as an. acoessory use such as a s\yimmin.g peel The reduction results in an efficient house layout; and d. The structures located within the rear setback otherwise required in the LMDR District are buffered with landscape material aDd or fences to protect the privacy and value of adjacent properties. 3. Side setback: The reduction in side setback will allow for the preservation of existing vegetation which could not otherwise be preserved. C. Utility/infrastructure facilities, 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. I I I I I I, I I I I I I I I I I I I I Table 2-204. "LMDR" District Flexible Development Use Min. Min. Min. Max. Min. Lot Size Lot Setbacks Height Off-Street (sq. ft.) Width (ft.) (ft.) Parking (ft.) Front Side Rear ill Attached 10,000 100 25 5 15 30 1.5/unit Dwellings Detached 3,000-- 25--50 15--25 2--5 5-15 30 2/unit Dwellings 5,000 Non- n/a n/a 25 10 10 n/a n/a Residential Off Street Parking Parks and n/a n/a 35 20 25 30 1 per 20.000 Recreation SF land area Facilities or as determined by the Community Development Director based on ITE Manual standards Residential n/a n/a 10--25 0--5 0-15 ~30 l/unit Infill Projects Schools 40,000 200 35 25 15 30 1/3 students ill Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. Flexibility Criteria: A. Attached dwellings. 1. The parcel proposed for development is a comer lot and is vacant on the date of adoption of this Development Code; 2. The buildings are designed with front setbacks on both streets; Page 2 - 15 3. Off-street parking is screened from adjacent parcels of land by a landscaped wall or fence of at least four feet in height; I I I I I I I I I I I I I I I I I I I 4. No more than two dwelling units front on a single street; 5. The development of attached dwellings does not require the removal of a protected tree; 6. The dwelling units are contained in no more than two buildings; 7. The buildings are consistent with the architectural style of existing dwellings in the immediate vicinity of the parcel proposed for development; 8. The parcel proposed for development is not located in a designated Neighborhood Conservation District; or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. B. Detached dwellings. 1. Minimum lot size per dwelling ofless than 5,000 square feet is an existing lot or a lot size ofless than 5,000 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; 2. Access is provided to each lot by frontage on a public street or by an easement of access at least 15 feet in width; 3. The volume to lot size ratio of the structures to be developed on the lot is no more than ten percent greater than the average volume to lot size ratio of all existing structures within 500 feet of the lot; 4. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right-of-way; c. The reduction in front setback will not adversely affect adjacent property values; Page 2 - 16 I I I I I I I I I I I I I I I I I I I 5. Rear setback: a. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or b. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be eeoftomieally feasible; or c. The reduction results in an efficient house layout. 6. Side setback: The reduction in side setback will allow for the preservation of existing vegetation which could not otherwise be preserved. c. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non-residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the LMDR District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least three feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. D. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adiacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adiacent land used for residential purposes. Page 2 - 17 Page 2 - 18 I I I I I I I I I I I I I I I I I I I 4. The characteristics of the parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be use for passive recreational purposes. 9 E. Residential infill projects. 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and other development standards; 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; 3. The uses within the residential infill project are otherwise permitted in the district; 4. The uses within the residential infill project are compatible with adjacent land uses; 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. B E. Schools. 1. The parcel proposed for development fronts on a major arterial street; 2. All off-street parking is located at least 200 feet from any property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. I I I I I I I I I I I I I I I I I I I DIVISION 3. MEDIUM DENSITY RESIDENfIAL DISTRICT ("MDR") Section 2-301. Intent and purpose. The intent and purpose of the Medium Density Residential District ("MDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Countywide Maximum Maximum Future Land Dwelling Units Floor Area Use Designation per Acre of Land Ratio/Impervious Surface Ratio Residential Urban 7.5 dwelling units per acre FAR .40/ISR .65 Residential Low Medium 10 dwelling units per acre FAR .50/ISR .75 Residential Medium 15 dwelling units per acre FAR .50/ISR .75 Section 2-302. Minimum standard development. The following uses are Level One permitted uses in the MDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-302. "MDR" District Minimum Standard Development Uses Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. ft.) (ft.) Page 2 - 19 Page 2 - 20 I I I I I I I I I I I I I I I I I I I Front Side Rear ill Community 5,000 50 25 5 5 30 2/unit j}ffis Residential 1 fDr every Homes staft' (up to 6 member residents) Detached 5,000 50 25 5 5 30 2/unit Dwellings ( 1) The Building Code may reauire the rear setback on a waterfront lot to be at least 18 feet from a seawall. INSET: medium density residential Section 2-303. Flexible standard development. The following Level One uses are permitted in the MDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-303. "MDR" District Flexible Standard Development Uses Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sQ. ft.) (ft.) Front Side Rear ill Attached 10,000 100 25 5 10 30-40 1.5/unit Dwellings Community 5,000 50 25 5 10 30-40 1 per 2 Residential residents Homes (up to 14 residents) Detached 3,000-- 30--50 25 0-5 5 30-40 2/unit Dwellings 5,000 Schools 40,000 200 25 10 25 30-40 1/3 students Utility/ N/a nla 25 10 10 nla nla Infrastructure Facilities ill (1) The Building Code may reQuire the rear setback on a waterfront lot to be at least 18 feet from any seawall. I I I I I I I I I I I I I I I. I I I I (2) UtilitvlInfrastructure uses shall not exceed 3 acres. Anv such use. alone or when added to contiguous like uses which exceed 3 acres shall require a land use Dlan maD amendment to Transoortation/Utilitv which shall include such uses and all contiguous like uses. Flexibility Criteria: A. Attached dwellings. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel which is designated as low density residential in the Zoning Atlas. 3. Off-street parking is screened from adjacent parcels ofland and any adjacent street by a landscaped wall for fence of at least four feet in height. B. Community residential homes. 1. The number of residents does not exceed 14; 2. The neighborhood in which the parcel proposed for development is a stable neighborhood where the average assessed value of improvements exceeds the assessed value ofland. 3. The parcel proposed for development is not located within 1,000 feet of another parcel 4. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. C. Detached dwellings. Page 2 - 21 ~4. 5. D. 1. 1. The parcel of land proposed for development was an existing lot of less than 5,000 square feet and was not in common ownership with any contiguous property on May 1, 1998; I I I I I I I I I I I I I ;1 ,I I I I I 2. The parcel of land proposed for development was an existing lot less than 50 feet in width and was not in common ownership with any contiguous property on May L 1998: ~2. Side setback: a. The reduction in side setback is limited to a single side setback; b. The reduction in side setback is necessary to permit the development or redevelopment of a vacant lot or lot improved with a substandard structure, the redevelopment of which would not otherwise be economically feasible. Rear setback: a. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; b. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be economically feasible; or c. The structures located within the rear setback otherwise required in the MDR District are only used for accessory uses such as a swimming pool; and d. The structures located within the rear setback otherwise required in the MDR District are buffered with landscape material and fences to protect the privacy and value of adjacent properties. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. Schools. The parcel proposed for development fronts on a major arterial street; Page 2 - 22 I I I I I I I I I I I I I I I I I I I 2. All off-street parking is located at least 200 feet from any property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. 4. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. E. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which will five years after installation substantially obscure the fence or wall and the above ground structure. Section 2-304. Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-304. "MDR" District Flexible Development Uses Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. ft.) (ft.) Front Side Rear ill Assisted Living 20,000 100 25 5 10 30--50 1 per 2 Facilities residents Page 2 - 23 Page 2 - 24 I I I I I I I I I I I I I I I I I I I Attached 10,000 100 25 5 10 30--50 l1.5/unit Dwellings Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential nla nla 25 5 10 nla n/a Off-Street Parking Overnight 20,000 100 25 5 10 30--50 1/unit Accommodations Parks and nla nla 35 20 25 30 1 per 20.000 Recreational SF land area Facilities or as determined by the Community Development Director based on ITE Manual standards Residential Infill nla nla 10-25 0--5 0--10 30--50 l/unit Proiects (l) The Buildine Code may reauire the rear setback to be at least 18 feet from any seawall. Flexibility criteria: A. Assisted living facilities. 1. The parcel proposed for deyelopment fronts OR a major arterial street or is a eomer ~ ~l. The building in which the facilities are to be located does not have a flat roof; J.2. Off-street parking is screened from adjacent parcels ofland and any adjacent street by a landscaped wall or fence of at least four feet in height; 4J.. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; ~. All outdoor lighting is designed and located so that no light fixtures cast light directly on to adjacent land used for residential purposes; 65.. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure; I I I I I I I I I I I I I I I I I I I c. ~l. ~2. 4J.. +Q. The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. 7. Hei~ht: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. B. Attached dwellings. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas. 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height. Congregate care. 1. Tke parcel proposed for dc",elopmeAt troAts Oft a major arterial street or is a comer leE , The buildings in which the dwellings are to be located do not have flat roofs; Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; All outdoor lighting is designed and located so that light fixtures do not cast light directly onto adjacent land used for residential purposes; Page 2 - 25 ~. e~. 6. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure; I I I I I I I I I I I I I I I I I I I The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. D. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non-residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the MDR District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least three four feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. E. Overnight accommodations. Page 2 - 26 I I I I I I I. I I I I I I I I I I I I 4~. ~Q. 61. +~. 9. F. 2. 3. The use is accessory to the use of the principal building as a private residence. +~. The number of units in the proposed overnight accommodations use does not exceed H- Q; ~3 Food service in conjunction with the overnight; ~. The parcel proposed for development fronts on a major arterial street or is a comer lot; Off-street parking is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area can not project into adjacent properties and streets; All outdoor lighting is designed and located so that no light fixtures cast light directly on to adjacent land used for residential purposes; All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure; The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. Parks and recreational facilities. 1. The proposed use is compatible with the surrounding properties. Off-street parking is screened from adiacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. All outdoor lighting is designed so that no light fixtures cast light directly on adiacent land used for residential proposes. Page 2 - 27 Page 2 - 28 I I I I I I ,I I, I I I I I I I I I I I 4. The characteristics ofthe parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be used for passive recreational purposes. F G. Residential infill projects. 1. The development or redevelopment of the parcel proposed for development is otherwise ecoRomieally impractical without deviations from intensity and development standards; 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; 3. The uses within the residential infill project are otherwise permitted in the district; 4. The uses within the residential infill project are compatible with adjacent land uses; 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. DIVISION 4. MEDIUM IDGH DENSITY RESIDENTIAL DISTRICT ("MHDR") Section 2-401. Intent and purpose. The intent and purpose of the Medium High Density Residential District ("MHDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. I I I I I I I I I I I I I I I I I I I Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Max. Floor Area Ratio/Impervious Surface Ratio Residential Medium Residential High FAR .50/ISR .75 FAR .60/ISR .85 Section 2-402. Minimum standard development. The following uses are Level One permitted uses in the MHDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-402. "MHDR" Minimum Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Heig Off-Street Area Width (ft.) ht Parking (sa. ft.) (ft.) (ft.) Front Side Rear ill Attached 15,000 150 25 10 15 30 ~U Dwellings /unit Community 5,000 50 25 10 15 30 1.5/unit Residential plus 1 for Homes every staff (6 or fewer member residents) Detached 15,000 150 25 10 15 30 1.5/unit Dwellings (l) The Building Code may reauire the rear setback on a waterfront lot to be at least 18 feet from any seawall. INSET: med.high density Page 2 - 29 Section 2-403. Flexible standard development. The following Level One uses are permitted in the MHDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-403. "MHDR" Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. ft.) (ft.) Front Side Rear (1) Assisted Living 1 5,000 150 25 10 15 30--40 1/1000 sq. ft. Facilities Attached 15,000 150 25 10 10--1 5 30--50 -l- U /unit Dwellin~s Community 5,000 50 15- 5--10 5--15 30--40 1 per 2 Residential 25 residents Homes (up to 14 residents) Detached 5,000-- 50-- 25 5--10 5--15 30--40 -I-l.5/unit Dwellings 15,000 150 Nursing Homes 15,000 150 25 10 15 30--40 1/1,000 sq. ft. Overnight 15,000 150 25 10 15 30--40 1/unit Accommodations Schools 40,000 200 25 10 15 30--40 1/3 students Utility/ n/a n/a 25 10 15 n/a n/a Infrastructure Facilities (2) (1) The Building Code may reauire the rear setback on a waterfront lot to be at least 18 feet from any seawall. (2) UtilitvlInfrastructure uses shall not exceed 3 acres. Any such use. alone or when added to contiguous like uses which exceed 3 acres shall reauire a land use plan map amendment to TransportationlUtilitv which shall include such uses and all contiguous like uses. Flexibility Criteria: A. Assisted living facilities. Page 2 - 30 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~l. ~2. 4 J.. ~1. e~. +Q. 7. B. 1. 1. The parcel proposed for de'lelepmeftt froats OR a major arterial street or is a comer let7 , The buildings in which the facilities are to be located do not have a flat roof; Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; All outdoor lighting is designed and located so that no light fixtures cast light directly on to adjacent land used for residential purposes; All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure; The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. Attached dwellings. Side and f Rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side aad rear setback results in an improved site plan, more efficient parking or improved design and appearance; Page 2 - 31 2. Height: I I I I I I I I I I I I I I I I I I I a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. 3. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas; 4. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; 5. All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure. c. Community residential homes. 1. The number of residents does not exceed 14; 2. The neighborhood in which the parcel proposed for development is a stable neighborhood where the average assessed value of improvements exceeds the assessed value ofland. 3. The parcel proposed for development is not located within 1,000 feet of another parcel of land used for community residential home purposes. 4. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the required minimum and/or improved design and appearance. b. The increased height will not reduce the vertical component of view from a parcel of land which is designated as low density residential in the Zoning Atlas. 5. Front setback: a. A determination of front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right of way: b. The reduction in front setback will not adversely affect adjacent property values. Page 2 - 32 I I I I I I I I I I I I I I I I I I I 6. Side and rear setbacks: D. a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan. more efficient parking or improved design and appearance: Detached dwellings. 1. Lot area and width: a. Lot size ofless than 15,000 square feet is an existing lot; b. A lot size of less than 15,000 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be eeoflomieally feasible; c. The volume to lot size ratio of the structures to be developed on the lot is no more than ten percent greater than the average volume to lot size ratio of all existing structures within 500 feet of the lot; 2. Side and rear setback: The reduction in side and rear setback is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible. 3. Hei~ht: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. E. Nursing homes. 1. The parcel proposed for de'lelopmeA.t is a eomer lot or has frontage on a major arterial street; ~l. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; ~~. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. 3. The buildings in which the dwellings are to be located do not have flat roofs. Page 2 - 33 ~ 1. ;~. 42. ~Q. 61. 8. G. 1. 2. 4. Height: I I I I I I I I I I I I I I I I I I I a. The increased height results in an improved site plan. landscaping areas in excess of the required minimum and/or improved design and appearance. b. The increased height will not reduce the vertical component of view from a parcel of land which is designated as low density residential in the Zoning Atlas. F. Overnight accommodations. 1. The use is accessory to the use of the principal building as a private residence. +2. The number of units in the proposed overnight accommodations use does not exceed ~ 10; Food service in conjunction with the overnight accommodations shall be limited to guests of the use; The parcel proposed for development fronts on a major arterial street or is a comer lot; Off-street parking is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area can not project into adjacent properties and streets; AIl outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land used for residential purposes; AIl waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the required minimum and/or improved design and appearance. b. The increased height will not reduce the vertical component of view from a parcel of land which is designated as low density residential in the Zoning Atlas. Schools. The parcel proposed for development fronts on a major arterial street; AIl off-street parking is located at least 200 feet from the nearest property used for residential purposes or is designated as residential in the Zoning Atlas; Page 2 - 34 I I I I I I I I I I I I I I I I I I I 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. 4. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the required minimum and/or improved design and appearance. b. The increased height will not reduce the vertical component of view from a parcel of land which is designated as low density residential in the Zoning Atlas. H. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 2-404. Flexible development. The following Level Two uses are permitted subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-404. "MHDR" Flexible Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (SQ. ft.) (ft.) Front Side Rear ill Attached 15,000 150 15--25 o --1 0 10--15 30--50 -l- U/unit Dwellings Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parking ill Overnight 15,000 150 15--25 0--10 10--15 30 1/unit Accommodations Page 2 - 35 Page 2 - 36 I I I I I I I I I I I I I I I I I I I Parks and nla nla 35 20 25 30 1 per 20.000 recreation SF land area facilities or as determined by the Community Development Coordinator based on the ITE Manual standards Residential Infill nla nla 10--25 0--1 0 0--15 30-= l/unit Proiects 50 Residential 15,000 150 25 10 15 30 2/1,000 Shelters GFA ( 1 ) The Buildin~ Code may reauire the rear setback on a waterfront lot to be at least 18 feet from a seawall. (2) Non-residential Darkin~ lots shall not exceed 3 acres. Any such use. alone or when added to contilmous like uses which exceed 3 acres shall reauire a land use Dlan maD amendment to the aDDroDriate land use cate~orv. Flexibility criteria: A. Attached dwellings. 1. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. 3. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas; I I I I I I I I I I I I I I I I I I I B. ~.L ;2. 41. ~~. c. 1. 2. 4. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height; 5. All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure. 6. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood. b. The extent to which existing structures in the Neighborhood have been constructed to a regular or uniform set back from the right of way. c. The reduction in front setback will not adversely affect adiacent property values. Congregate care. 1. The parcel proposed for de'lelopmeRt fronts on a major arterial street or is a eorner ~ , The building in which the use is to be located does not have a flat roof; Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land used for residential purposes; All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. Non-residential off-street parking. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non-residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. No off-street parking spaces are located in the required front setback for detached dwellings in the MHDR District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel Page 2 - 37 3. 4. 5. D. 1. +~. ~1. ~4. 4~. ~Q. 61. 8. proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. I I I I I I I I I I I I I I I I I I I Off-street parking spaces are screened by a wall or fence of at least three four feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. All outdoor lighting is automatically switched to turn off at 9:00 p.m. All parking spaces shall be surface parking. Overnight accommodations. The use is accessory to the use of the principal building as a private residence. The number of units in the proposed overnight accommodations use does not exceed ~ 10; Food service facilities shall be limited to 25 percent of the gross floor area of the building in which the overnight accommodations are located; The parcel proposed for development fronts on a major arterial street or is a corner lot; Off-street parking is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area can not project into adjacent properties and streets; All outdoor lighting is designed and located so that no light fixtures cast light directly on to adjacent land used for residential purposes; All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood. b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right of way. c. The reduction in front setback will not adversely affect adiacent property values. 9. Side and rear setback: Page 2 - 38 I I I I I I I I I I I I I I I I I I I E. 3. 4. BE. a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan. more efficient parking or improved design and appearance: 10. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adiacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. The characteristics of the parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be used for passive recreational purposes. Residential infil/ projects. 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards; 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; The uses within the residential infill project are otherwise permitted in the district; 3. 4. The uses within the residential infill project are compatible with adjacent lands uses; 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; Page 2 - 39 Page 2 - 40 I I I I I I I I I I I I I I I I I I I 6. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. F G. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing or wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and located so that no light fixture casts light directly on to adjacent land used for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. DMSION 5. lllGH DENSITY RESIDENTIAL DISTRICT ("HDR") Section 2-501. Intent and purpose. The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city. Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations that apply to the HDR District as follows: I I I I I I I I I I I I I I I I I I I Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Max. Floor Area Ratio/Impervious Surface Ratio Residential High 30 dwelling units per acre FAR .60/ISR .85 Section 2-502. Minimum standard development. The following uses are Level One permitted uses in the HDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-502. "HDR" Minimum Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (SQ. ft.) (ft.) Front Side Rear ill Attached 15,000 150 25 10 15 30 ~ Dwellings 1.5/unit Community 5,000 50 25 10 15 30 1.5/unit Residential Homes (6 or fewer units) Detached 15,000 150 25 10 15 30 1.5/unit Dwellin~s (1) The Building Code may reQuire the rear setback on a waterfront lot to be at least 18' from a seawall. INSET: high density Section 2-503. Flexible standard development. The following Level One uses are permitted in the HDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-503. "HDR" Flexible Standard Development Use Min. Lot Width ft. Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Page 2 - 41 Front Side Rear ill Assisted Living 15,000 150 25 10 15 30 1/1000 sq. Facilities ft. Attached 15,000 150 25 10 10-15 30--50 ~ Dwellings U /unit Community 5,000 50 15--25 5--10 5-15 30 1 per 2 Residential residents Homes (up to 14 residents) Detached 5,000-- 50--150 25 5--10 5-15 30 1.5/unit Dwellings 15,000 Nursing Homes 15,000 150 25 10 15 30 1 per 2 residents Overnight 15,000 150 25 10 15 30 l/unit Accommodations Schools 40,000 200 25 10 15 30 1/3 students Utility/ n/a n/a 25 10 15 n/a n/a Infrastructure Facilities ill ( 1 ) The Building Code may reauire the rear setback on a waterfront lot to be at least 18' from a seawall. (2) UtilitvlInfrastructure uses shall not exceed 3 acres. Anv such use. alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan maD amendment to Transoortation/Utilitv which shall include such uses and all contiguous like uses. Flexibility Criteria: A. Assisted living facilities. 1. THe parcel proposed for deyelopmeRt fronts OR aR arterial street or is a corner lot; ~ 1. The buildings in which the facilities are to be located do not have a flat roof; J. 2. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; 4 J.. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; Page 2 - 42 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. 3. 4. 5. C. 1. ;) 1. All outdoor lighting is designed and located so that no light fixtures cast light directly on to adjacent land used for residential purposes; e~. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure; +Q. The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. B. Attached dwellings. 1. Side and Rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side aad rear setback results in an improved site plan, more efficient parking or improved design and appearance. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas; Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. Community residential homes. The number of residents does not exceed 14; Page 2 - 43 2. The neighborhood in which the parcel proposed for development is a stable neighborhood where the average assessed value of improvements exceeds the assessed value of land. I I I I I I I I I I I I I I I I I I I 3. The parcel proposed for development is not located within 1,000 feet of another parcel of land used for community residential home purposes. 4. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction In front setback will not be out of character with the neighborhood. b. The extent to which existing structures in the Neighborhood have been constructed to a regular or uniform set back from the right of way. c. The reduction in front setback will not adversely affect adiacent property values. 5. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan. more efficient parking or improved design and appearance. D. Detached dwellings. 1. Lot area and width: a. A lot ofless than 15,000 square feet is an existing lot; b. A lot size ofless than 15,000 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; c. The volume to lot size ratio of the structures to be developed on the lot is no more than ten percent greater than the average volume to lot size ratio of all existing structures within 500 feet of the lot. 2. Side and rear setback: The reduction in side and rear setback is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible. Page 2 - 44 I I I I I I I I I I I I I I I I I I I E. Nursing homes. 1. The parcel proposed for developmeRt is a comer lot or has frORtage OR a major arterial street; ~ 1. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; ~~. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. F. Overnight accommodations. 1. The use is accessory to the use of the principal building as a private residence. + 2. The number of units in the proposed overnight accommodations use does not exceed H 1Q.. ~ J.. Food service in conjunction with the overnight accommodations shall be limited to guests of the use; ~ 1. The parcel proposed for development fronts on a major arterial street or is a comer lot; 4 ~. Off-street parking is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area can not project into adjacent properties and streets; ~ Q. All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land used for residential purposes; (; 1. All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure. G. Schools. 1. The parcel proposed for development fronts on a major arterial street; 2. All off-street parking is located at least 200 feet from any property used for residential purposes or designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. H. Utility/infrastructure facilities. Page 2 - 45 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 2-504. Flexible development. The following Level One uses are permitted in the HDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-504. "HDR" Flexible Development Standards Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. ft.) (ft.) Front Side Rear ill Attached 15,000 150 15-- 0--10 10-15 30-- ~ Dwellings 25 130 U/unit Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Overnight 15,000 150 15-- 0--10 10-15 30 1/unit Accommodations 25 Parking Garage 20,000 100 50 15--25 10 10- n/a and Lots ill 20 Parks and n/a n/a 35 20 25 30 1 per 20.000 recreational SF land area facilities or as determined by the Community Development Coordinator based on ITE Manual standards Residential Infill n/a n/a 10 -- 0--10 0--15 30-= l/unit Proiects 25 130 Page 2 - 46 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (l) The Buildine: Code may reauire the rear setback on a waterfront lot to be at least 18' from a seawall. (2) Parkine: e:arae:es shall not exceed 3 acres. Anv such use. alone or when added to contil!Uous like uses which exceed 3 acres shall reauire a land use plan map amendment to the appropriate land use catee:orv. Flexibility criteria: A. Attached dwellings. 1. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. c. The height may exceed 80 feet if the parcel proposed for development fronts on Clearwater Bay or is only separated from Clearwater Bay by a public open space. 3. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas; 4. Off-street parking is screened from adjacent parcels ofland and any adjacent street by a landscaped wall or fence of at least four feet in height; 5. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. 6. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood. b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right of way. Page 2 - 47 B. 1. 2-1. J. ~. 41. ~~. B. 1. +~. 2-1. J. ~. 42. ~~. 61. 8. c. The reduction in front setback will not adversely affect adiacent property values. I I I I I I I I I I I I I I I I I I I Congregate care. The parcel proposed for development fronts on a major arterial street or is a comer let; , The buildings in which the use is to be located do not have a flat roof; Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land used for residential purposes; All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. Overnight accommodations. The use is accessory to the use of the principal building as a private residence. The number of units in the proposed overnight accommodations use does not exceed 2-& 10; Food service facilities shall be limited to 25 percent ofthe gross floor area of the building in which the overnight accommodations are located; The parcel proposed for development fronts on a major arterial street or is a comer lot; Off-street parking is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area can not project into adj acent properties and streets; All outdoor lighting is designed and located so that no light fixtures cast light directly on to adjacent land used for residential purposes; All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped enclosed structure. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood. Page 2 - 48 I I I I I I I I I I I I I I I I I I I b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right of way. c. The reduction in front setback will not adversely affect adiacent property values. 9. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. D. Parking garages and lots. 1. Access to and from the parking garage or lot is by way of a side street shall be based on the findings of a transportation analysis approved by the City; 2. The parkiRg garage or lot is designed aRd loeated so that there are at least four stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 3. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of250 feet in either direction along the street or the nearest intersections, whichever is less; 4. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 5. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 6. Construction of a parking structure would not otherwise be physically or economically feasible; 7. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 8. Side setback: a. The reduction in side setback will allow for the preservation of existing vegetation which could not otherwise be preserved: or Page 2 - 49 b. The reduction in side setback results in an improved site plan or improved design and appearance. I I I I I I I I I I I I I I I I I I I 9. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the required minimum and/or improved design and appearance. b. The increased height will not reduce the vertical component of view from a parcel of land which is designated as low density residential in the Zoning Atlas. E. Parks and recreational facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adiacent land used for residential purposes. 4. The characteristics of the parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be used for passive recreational purposes. BE. Residential infill projects. 1. The development or redevelopment of the parcel proposed for development in otherwise economically impractical without deviations from the intensity and development standards; 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; 3. The uses within the residential infill project are otherwise permitted in the district; 4. The uses within the residential infill project are compatible with adjacent lands uses; 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; Page 2 - 50 I I I I I I I I I I I I I I I I I I I 6. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Building height. may only exceed 80 feet. however. if the parcel proposed for development fronts on Clearwater Bay or is only separated from Clearwater Bay by a public open space. DIVISION 6. MOBILE HOME PARK DISTRICT ("MHP") Section 2-601. Intent and purpose. The intent and purpose of the Mobile Home Park District is to recognize the existence of mobile home communities within the City of Clearwater and to provide for their continued existence and enhancement. Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Future Land Use Designations Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervlous Surface Ratio Residential Low Medium 10 dwelling units per acre FAR .50/ISR .75 Section 2-602. Minimum standard development. The following uses are Level One permitted uses in the MHP District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Page 2 - 51 Table 2-602. "MHP" Minimum Development Standards Use Min. Min. Min. Min. Side Max. Min. Lot Lot Front and Rear) Height Off-street Area Width (ft.) (ft.) ill (ft.) Parking (sq. ft.) (ft.) Detached 5,000 50 35 10 25 1 per unit Dwellings Mobile 3,500 35 7.5 6 25 1 space per Homes unit ( 1) Anv mobile home replacement shall maintain a separation of 10 feet between mobile homes or provide a setback of 6 feet. whichever is less. INSET: lot area Section 2-603. Flexible standard development. The following uses are Level One permitted uses in the MHP District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-603. "MHP" Flexible Standard Development Standards Use Min. Min. Min. Min. Max. Min. Lot Lot Front Side and Height Off-street Area Width (ft.) Rear (ft.) Parking (sq. ft.) (ft.) (ft.) Mobile Home 40,000 200 35 10 25 1 space Parks per 1.25 units Offices 3,500 35 10 6 25 1 space per 1,000 SF GF A Public n/a n/a n/a n/a 10 n/a Transportation Facilities Retail Sales and 3,500 35 10 6 25 5 spaces Service per 1,000 SF GF A Utilities/ n/a n/a 20 20 n/a n/a Infrastructure Facilities ill Page 2 - 52 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (I) Utilitv/Infrastructure uses shall not exceed 3 acres. Anv such use. alone or when added to contiguous like uses which exceed 3 acres shall reauire a land use Dlan maD amendment to TransoortationlUtilitv which shall include such uses and all contiguous like uses. Flexibility Criteria: A. Mobile home parks. 1. At least ten percent of the gross land area of the mobile home park is devoted to active recreational amenities; 2. Two way internal driveways have a minimum width of 24 feet with a minimum of four foot shoulders on each side; 3. One way internal driveways have a minimum width of 12 feet with a minimum of four foot shoulders on each side; 4. In addition to any other landscaping requirements, at least one canopy tree per 5,000 square feet ofland area is located on the parcel proposed for development. B. Offices. 1. The office use is located within a mobile home park; 2. The office use is devoted to administration and/or management of the mobile home park; 3. The gross floor area of the office use does not exceed 2,000 square feet. C. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structures are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas. D. Retail sales and service. 1. The retail sales and service use is located within a mobile home park; Page 2 - 53 Page 2 - 54 I I I I I I I I I I I I I I I I I I I 2. The sale of goods and services is limited to the residents of the mobile home park; 3. The gross floor area of the retail and service use does not exceed 2,000 square feet. E. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way, and 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line, shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure, landscaped with trees which five years after installation will substantially obscure the fence or wall and the above ground structure. DIVISION 7. CONlMERCIAL DISTRICT ("C") Section 2-701. Intent and purpose. The intent and purpose of the Commercial District is to provide the citizens of the City of Clearwater with convenient access to goods and services throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the city or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Maximum Maximum Overnight Future Land Dwelling Units Floor Area Accommodations Use Designation per Acre of Land Ratio/Impervious Units per Acre Surface Ratio Commercial 10 dwelling units FAR .40/ISR .80 N/A Nei hborhood er acre Commercial Limited 18 dwelling units FAR .45/ISR .85 30 units per acre er acre Commercial General 24 dwelling units FAR .55/ISR .95 40 units per acre er acre I I I I I I I I I I I I I I I I I I I Residential/Office/Retail 18 dwelling units er acre FAR .40/ISR .85 30 units per acre Section 2-702. Minimum standard development. The following uses are Level One permitted uses in the "C" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-702. "C" District Minimum Development Standards Use Min; Min. Max. Min. Min. Min. Min. Lot Lot Height Front Side Off-Street Area Width (ft.) (ft.) (ft.) Rear Parking (sq. ft.) (ft.) (ft.) Spaces Governmental 10,000 100 25 25 10 20 4/1,000 SF Uses ill GFA Indoor Recreation! 10,000 100 25 25 10 20 5/1000 SF Entertainment GF A or 5/lane, 2/court or lImachine Marinas 5,000 50 25 15 10 20 1 space per 2 slips Offices 10,000 100 25 25 10 20 4/1,000 SF GFA Overnight 40,000 200 25 25 10 20 lIunit Accommodations Parks and n!a n!a 25 25 10 20 1 per 20.000 recreational SF land area or facilities as determined by the Community Development Coordinator based on ITE Manual standards Places of Worship 40,000 200 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 15/1,000 SF GFA Page 2 - 55 Use Max. Height (ft.) Min. Front (ft.)~ Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking I I I I I I I I I I I I I I I I I I I Retail Sales and 10,000 100 25 25 10 120 5/1,000 SF Services GFA Vehicle 40,000 200 25 25 10 20 2.5/1,000 SF Sales/Display Lot Area (1) Governmental uses shall not exceed 5 acres. Anv such use. alone or when added to contil!.1lous like uses which exceed 5 acres shall reauire a land use plan map amendment to Institutional which shall include such uses and all contil!.1lous like uses. Section 2-703. Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. able 2-703. "C" District Flexible Standard Development Standard 5,000, 50 10 coholic 10,000 100 10 5 per 1,000 everage Sales GFA 10,000 100 10 5/1,000 SF GFA 0,000 10 1 per 2 students 10,000 100 10 spaces per 1,000 GFA ndoor 10,000 100 10 3-5/1000 SF ecreationl GFA ntertainment or 3- Silane, 1-21 court or lImachine Page 2 - 56 I I I I I I I I I I I I I I I I I I I /Marina Facilities 5,000--20,000 50 ~5 25 10 ~O 1 space per 2 slips Medical clinics 10 000 lQQ ~ ~ lQ ~ 2-3/ 1000 GFA lNightclubs 10,000 100 25 125 10 20 10 per 1,000 GFA Offices 10,000 100 25--50 25 0--10 10--20 3 --4 spaces per 1,000 GFA Off Street 10 000 lQQ ~ ~ lQ gQ iiZi Parkimr Outdoor Retail ~O,OOO 100 ~5 15 10 ~O 10 per 1,000 Sales, Display of land area land/or Storage Overnight ~0,000-40,000 150- ~5--50 "'5 0--10 10--20 1 per unit IAccommodations 700 !places of 20,000-40,000 100- 25--50 125 10 70 .5-1 per 2 Worship ill ~OO seats Public nla Wa 10 n/a Wa nla n/a Transportation Facilities ill Restaurants h cnn ~ 50- - 125--35 25 0--10 10--20 7--15 spaces >"'''V M.Q.Q--l 0, 000 100 per 1,000 GFA Retail Sales and lJ,500--1O,000 35- ~5-35 25 0--10 10--20 4-- 5 spaces Services aOO 100 .. per 1,000 r..lY"" IGFA Utility n/a nla 20 25 10 20 Wa 'Infrastructure f<acilities ffi IV ehicle 20,000--40,000 150- - 25 ~5 10 70 ~.5 spaces Sales/Displays 200 [per 1,000 of ot area IV eterinary 10,000 100 25 125 10 20 14 spaces per Ioffices--aflEi or 1,000 GFA lAnimal lGrooming and I lBoarding I Page 2 - 57 Page 2 - 58 I I I I I I I I I I I I I I I I I I I * The front setback may be reduced to fifteen (15) feet for parkin~ lots provided the land area is not sufficient to accommodate the full setback reouirement and the reduction results in an improved site plan or improved desi~ and appearance and landscaDin~ is in excess of the minimum reauired. ( 1) Governmental uses shall not exceed 5 acres. Any such use. alone or when added to contiroous like uses which exceed 5 acres shall reauire a land use Dlan maD amendment to Institutional which shall include such uses and all contiroous like uses. (2) Places ofworshiD shall not exceed 5 acres. Any such use. alone or when added to conti~ous like uses which exceed 5 acres shall reouire a land use plan maD amendment to Institutional which shall include such uses and all contiroous like uses. (3) Public transoortation facilities shall not exceed 3 acres. Any such use. alone or when added to contiroous like uses which exceed 3 acres shall reauire a land use Dlan maD amendment to TranSDortationlUtilitv which shall include such uses and all conti~ous like uses. (4) UtilitvlInfrastructure uses shall not exceed 3 acres. Any such use. alone or when added to contiroous like uses which exceed 3 acres shall reouire a land use plan map amendment to TranSDortationlUtilitv which shall include such uses and all conti~ous like uses. Flexibility criteria: A. Accessory dwelling. One accessory dwelling, which is subordinate and accessory to a principal permitted use provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use~ 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. B. Adult uses. 1. The parcel proposed for development fronts on U.S. 19~ 2. The use complies with each and every requirement of Division 3 of Article 3. C. Alcoholic beverage sales. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas~ 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for a place of worship or a public or private school, unless the floor area of the use which is devoted to the display and storage of alcoholic beverages is less than ten percent of the total floor area of the use and there is no signage located on the parcel proposed for development which identifies the use as a location where alcoholic beverages are sold~ 3. The parcel proposed for development is not located within 500 feet of a parcel of land used for a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the alcoholic beverage sales is unlikely to have an adverse impact on such school or use as a place of worship. I I I I I I I I I I I I I I I I I I I D. Automobile service stations. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 2. The use does not involve the overnight, outdoor storage of automobiles; 3. No more than two service bays front on a public street. E. Educational facilities. 1. The parcel proposed for development fronts on a road with at least four lanes; 2. The proposed development does not have an access which connects to a local street at a point more than 100 feet from the four lane road on which the parcel proposed for development fronts. F. Governmental uses. 1. Height. a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. b. The increased height will not reduce the vertical component of the view from any contiguous residential property. G. Indoor recreation/entertainment. 1. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. H. Marina facilities. 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; Page 2 - 59 2. 1. 2. I J. e. Sand Key Park; I I I I I I I I I I I I I I I I I I I f The southern edge of Alligator Lake. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset. 3. Lot area: The parcel proposed for development was an existing lot of less than 20.000 square feet and was not in common ownership with any contiguous property on May 1. 1998 or the reduction in lot width will not result in a facility which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. Medical clinics. 1. The use and design of the parcel proposed for development is compatible with the surrounding area. Off-street parkin~: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Offices. 1. Height: a. The increased height results in an improved site..Qlan, landscaping areas in excess of the minimum required or improved design and appearance. b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. Page 2 - 60 I I I I I I I I I I I I I I I I I I I 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are for storage or other non-parking demand generation purposes. J K. Nightclubs. I. The parcel proposed for development is not contiguous to a parcel of land whichis designated as residential in the Zoning Atlas~ 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the nightclub is unlikely to have an adverse impact on such school or use as a place of worship. L. Off-street parking. 1. Access to and from the parking lot shall be based on the size and design of the lot and approved by the Community Development Coordinator. 2. All outdoor lighting is so designed and located so that no light fixtures cast light directly on to adiacent land. 3. If the parking lot is adiacent to residentially used or zoning property. such off- street parking spaces shall be screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. K M. Outdoor retail sales, display and/or storage. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas unless the principal use is the sale of living plant material~ 2. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 3. All buildings located on the parcel proposed for development are finished or painted in earth tone colors~ 4. No cyclone, chainlink or other metal mesh fences are located on the parcel proposed for development~ Page 2 - 61 5. All fences, excluding gates, are landscaped on the exterior of such fences with continuous shrubs or vines and trees located 20 feet on center; I I I I I I I I I I I I I I I I I I I 6. No goods and materials other than living plant material which are stored or displayed outside a building or structure are located within a required setback; 7. The parcel proposed for outdoor storage or display fully conforms to the requirements of Article 3 Division 7 in regard to landscaping; 8. The height of non-living goods and materials stored or displayed outdoors shall not exceed 15 feet; 9. No building materials or automobile parts or supplies which are stored or displayed outdoors shall be visible from a public right-of-way. bN. Overnight accommodations. 1. Lot she area and width: The reduction in lot ~ area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 3. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 5. Side and rear setback: a. The reduction in side or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side or rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side or rear setback does not reduce the amount of landscaped area otherwise required. Page 2 - 62 I I I I I I I I I I I I I I I I I I I M O. Places of worship. 1. Lot area: a. The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; b. The reduction in lot area does not prevent access to the rear of any building by emergency vehicles; c. The reduction in lot area results in an improved site plan, more efficient parking or improved design and appearance; d. The reduction in lot area does not reduce the day/night activity level along building facades on public streets. 2. Location: The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 3. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility. 5. Lot width. The parcel proposed for development was an existing lot of less than 200 feet and was not in common ownership with any contiguous property on May 1. 1998 or the reduction in lot width will not result in building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. N~. Public transportationfacilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structures are screened from view from any residential use or land designated as residential in the Zoning Atlas; Page 2 - 63 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas. I I I I I I I I I I I I I I I I I I I QQ. Restaurants. 1. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 3. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; Page 2 - 64 I I I I I I I I I I I I I I, I I I I I ilK 2. 3. 4. Q,S. 1. 2. RI. 1. b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. Retail sales and service and offiees. 1. Lot size and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any contiguous residential property. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Utility/infrastructure facilities. No above ground structures are located adjacent to a street right-of-way; Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Vehicle sales/displays. The gross floor area of enclosed buildings is at least 7,000 square feet; Page 2 - 65 2. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 3. No area suitable for the display of vehicles for sale is located within the front setback of the parcel proposed for development; 4. Provision is made to dim outdoor lighting at all times when the automobile sales and service uses is not open to the public to that level necessary to maintain the security of the premises; 5. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street. 6. Lot area and lot width: a The reduction in lot area and/or lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; b The reduction in lot area and/or lot width results in an improved site plan, more efficient parking or improved design and appearance; c The parcel proposed for development was an existing lot of less than 40,000 square feet and was not in common ownership with any contiguous property on May 1, 1998. s U. Veterinary offices, and or animal groominglboarding. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside. Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "e" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "e" District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Height (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Max. Min. Front (ft.) Page 2 - 66 I I I I I I I I I I I I I ,I I I I I I I I I I I I I I I I I I I I I I I I I Alcoholic beverage 5,000--10,000 50--100 25 15- - 25 0-10 10 -20 5 per 1,000 GF A sales Comprehensive InfiU ~nla $Q- nla ~ ~ Q..---.W .w- 0 15/1,000 GFA Redevelopment nla nla nla ~nla Determined bv the Project ill Community Development Coordinator based on the soecific use and/or ITE Manual standards Light assemblv 5.000- 50--100 25 15- -25 0-10 10--20 4--5 spaces oer 10.000 1.000 GFA Limited vehicle 5.000- 50--100 25 15- -25 0-10 10--20 4-5 spaces per selVlce 10.000 1.000 GFA Mixed use 5.000- 50--100 25- 50 15- -25 0-10 10--20 4--5 spaces per 10.000 1.000 GFA Nightclubs 5,000--10,000 50--100 25 15- -25 0-10 10--20 10 per 1,000 GF A Offices 5,000--10,000 50--100 25-50 15 - -25 0-10 10--20 3 --4 spaces per 1,000 GFA Off-street parking 10.000 100 nla 15- - 25 0-10 10-20 nla Outdoor Recreationl 20,000 100 25 15 - -25 10 10- -20 1--10 per 1,000 SQ Entertainment FT of land area or as determined bv the Community Development Coordinator based on ITE Manual standards Overnight 20,000- 100-200 25-50 15 - -25 0-10 10--20 1 per unit Accommodations 40,000 Problematic Uses 5,000 50 25 15 - -25 10 10- -20 5 spaces per 1,000 SF GF A Restaurants ~ 3500- W 25--50 15 - -25 0-10 10--20 7--15 spaces per 10,000 35--100 1,000 GFA Retail sales and 5,000- 50--100 25-50 15 - -25 0-10 10--20 4--5 spaces per services 10,000 1,000 GF A R V Parks 40,000 200 25 15 - -25 20 10--20 1 space per RV space Self Storage 20,000 100 25 15 - -25 10 10---20 1--10 per 1,000 SQ FT of land area Page 2 - 67 Page 2 - 68 I I I I I I I I I I I I I I I I I I I Social/public service 5.000- 50--100 25 -- 15- -25 0-10 10--20 3--4 soaces per agencies(2) 10,000 50 1.000 GFA Telecommunication flIa:-l 0,000 flIa:- 100 Bfa Hla-25 Hla-1O Hla-20 nla Towers Refer to Section 3-2001 Vehicle 10,000- 100-200 25 15 - -25 10 10--20 2.5 spaces per 1,000 sales/displays 40,000 SQFT of lot area Veterinary offices 5,000--10,000 50--100 25 15 - -25 0-10 10--20 4 spaces per 1,000 aRd QLgfooming and GFA boarding ( 1 ) Anv use approved for a Comprehensive Infill Redevelopment Proiect shall be permitted bv the underlying Future Land Use Plan Map designation. (2) Social/public service agencies shall not exceed 5 acres. Flexibility criteria: A. Alcoholic beverage sales. 1. Location: a. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; b. The parcel proposed for development is not located within 500 feet of a parcel ofland used for a place of worship or public or private school unless the floor area of the use which is devoted to the display and storage of alcoholic beverages is less than ten percent of the total floor area of the use and there is no signage located on the parcel proposed for development which identifies the use as a location where alcoholic beverages are sold; c. The parcel proposed for development is not located within 500 feet of a parcel of land used for a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the alcoholic beverage sales is unlikely to have an adverse impact on such school or use as a place of worship; d. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Lot 5he area and width: The reduction in lot area and/or will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. I I I I I I I I I I i I I I I I I I I I 6. 7. 8. 3. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 4. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan. more efficient parking layout or improved design and appearance and landscaped areas are in excess of the minimum required. B. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise ecoRomically impractical without deviations from the use, intensity and development standards; 2. The development of the parcel proposed for development as a comprehensive infilI redevelopment project will not materially reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the comprehensive infilI redevelopment project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; The development of the parcel proposed for development as a comprehensive infilI redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Page 2 - 69 Page 2 - 70 I I I I I I I I I I I I I I I I I I I 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. C. Light assembly. 1. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and/or rear setback results in an improved site plan. more efficient parking or improved design and appearance and landscaping areas are in excess of the minimum required. 4. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 5. The parcel proposed for development shall have no outdoor storage of goods. materials and products. 6. The parcel proposed for development shall have no process carried on within the building which causes any external negative impact with regard to noise. fumes. or odors. 7. The building design of the parcel proposed for development shall be architecturally compatible with the surrounding area. D. Limited vehicle service. 1. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed. for development. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaped areas are in excess of the minimum required. I I I I I I I I I I I I I I I I I I I 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and/or rear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. 4. OU-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 5. Garage doors and bays shall be located perpendicular to the abutting streets. Bays shall be screened from adiacent property by landscaped walls or fences. 6. The fa~ade of the building which fronts on public roads are designed with windows. cornices or other architectural features or treatments. 7. The use does not involve the overnight. outdoor storage of automobiles. 8. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas. 9. The design of the parcel proposed for development is compatible with the surrounding area. E. Mixed use. 1. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan. more efficient parking. or improved design appearance and landscaped areas are in excess of the minimum required. 4. Off-street parking: The physical characteristics of a proposed building are such Page 2 - 71 5. GE. 2. 3. 4. that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non-parking demand-generating purposes. I I I I I I I I I I I I I I I I I I I The increased height results in an improved site plan. landscaping areas in excess of the minimum required or improved design and appearance. Nightclubs. 1. Location: a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The parcel proposed for development is not located within 500 feet of a parcel ofland used for a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the nightclub is unlikely to have an adverse impact on such school or use as a place of worship; c. The use of the parcel proposed for development has frontage on an arterial street but will not involve direct access to a major arterial street; Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. Side and rear setback: I)G. a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and/or rear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; Page 2 - 72 I I I I I I I I I I I I I I I I I I I b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 3. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 4. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes. 5. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 6. Front setback: The reduction in front setback results in an improved site plan or improved appearance and landscaped areas are in excess of the minimum required. G. OU-street parking. 1. Access to and from the parking lot shall be based on the size and design of the lot and approved by the Community Development Coordinator. 2. All outdoor lighting is so designed and located so that no light fixtures cast light directly on to adjacent land. 3. If the parking lot is adjacent to residentially used or zoning property. such off- street parking spaces shall be screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. Page 2 - 73 4. 5. 6. F1. 2. HI. Outdoor recreation/entertainment. I I I I I I I I I I I I I I I I I I I 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in meaning of words or the melody of music or when wind conditions are less than ten miles per hour at a instance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater, at a distance of more than 150 feet in all directions; All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; Off-street parking: The operational character of the outdoor recreation! entertainment use and the location of the parcel proposed for development is such that the likely use of the property will require fewer parking spaces per land area than otherwise required or that significant portions of the land will be used for passive or other non-parking demand-generating purposes. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 7. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. Overnight accommodations. 1. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; Page 2 - 74 I I I I I I I I I I I I I I I I I I I 3. 4. 5. b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. GK. Problematic uses. 1. Location. a. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; b. The use is not located within 500 feet of another problematic use; 2. Design. a. The building in which the use is located is painted or otherwise finished in materials and colors which are muted; b. There are no security bars on the outside of doors or windows which are visible from a public right-of-way; Signs. Any signage which has a height of greater than six feet is a part of a comprehensive sign program; The building in which the use is located is a building which is conforming to all current land development and building regulations. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. Page 2 - 75 6. Rear setback: I I I I I I I I I I I I I I I I I I I HL. a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in rear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 3. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearanceT and landscaped areas are in excess of the minimum required. c. Thc rcduction. in sidc and rear setback docs not rcducc the amount of landscaped arca otHcrwise required. Page 2 - 76 I I I I I I I I I I I I I I I I I I I 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 7. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 1M. Retail sales and service. l. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 3. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance;-and landscaped areas are in excess of the minimum required. c. The reduction in side and rear setback does not reduce the amount of laRdseaped area otherwise required. 5. Off-street parking: a. The physical characteristics of the proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of signi ficant portions of the Page 2 - 77 4. 5. 6. building will be used for storage or other non-parking demand-generating purposes; I I I I I I I I I I I I I I I I I I I b. Convenience retail shall not be eligible for a reduction in the number of off-street parking spaces. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. IN. RVparks. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The perimeter of the RV Park is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area can not project into adjacent properties and streets; 3. All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land used for residential purposes; All waste disposal containers which serve the use are located within a landscaped enclosed structure. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. Rear setback: K;O. a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. Self storage. 1. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. 2. The parcel proposed for development does not abut land which is designated or used for residential purposes. Page 2 - 78 I I I I I I I I I I I I I I I I I I I 3. The facades of the building in which the individual storage units are located which front on public roads are designed with windows, cornices, retail sales and service uses or other architectural features or treatments. 4. Vehicular access to the parcel proposed for development shall be by way of a local or collector street.. whieh. is The local/collector street shall not be located Bet more than 100 feet from an arterial street. 5. Off-street parkinK: The physical characteristics of the proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for non-parking demand generating purposes. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 7. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. P. Social/public service agencies. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. The social/public service agency shall not be located within 1.500 feet of another social/public service agency. 3. Lot area and width: The reduction in lot area and/or will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: Page 2 - 79 b. The reduction in side and rear setback results in an improved site plan. more efficient parking layout or improved design and appearance and landscaped areas are in excess of the minimum required. I I I I I I I I I I I I I I I I I I I I:, Q. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 2. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. MR, Vehicle sales/displays. 1. The gross floor area of enclosed buildings is at least 4,000 square feet; 2. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 3. The display of vehicles for sale shall be located within an enclosed building; 4. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street. 5. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 7. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction inrear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. Page 2 - 80 I I I I I I I I I I I I I I I I I I I N S. Veterinary offices, grooming and boarding. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside. 3. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan. more efficient parking. or improved design and appearance and landscaped areas are in excess of the minimum required. 5. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. DIVISION 8. TOURIST DISTRICT ("T") Section 2-801. Intent and purpose. The intent and purpose of the Tourist District ("T") is to provide a safe and attractive tourist destination in the City of Clearwater with a full complement of tourist accommodations and convenient access to goods and services. Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: Page 2 - 81 Countywide Maximum Maximum Overnight Future Land Dwelling Units Floor Area Accommodations Use Designation per Acre of Land Ratio/Impervious Units per Acre Surface Ratio Resort Facilities 30 dwelling units per FAR4Q- LQ/ISR .95 40 units per acre High acre Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-802. "T" District Flexible Standard Development Standards Use Min. Min. Max. Min. Density Min. Lot Lot Height Setbacks Off-Street Area Width (ft.) (ft.) Parking (sQ. ft.) (ft.) Front Side Rear Accessory Dwellings nJa nJa nJa nJa nJa nJa 30 l/unit unitsl acre Alcoholic Beverage 5,000 50 35 10--15 10 20 nJa 5 per 1,000 Sales GFA Attached Dwellings 10,000 100 35-50 10--15 10 10-20 30 1.5 per unit unitsl acre Governmental 10,000 100 35-50 10--15 0--10 10-20 nJa 3--4/1,000 Uses ill GFA Indoor RecreationJ 5,000 50 35- 0-15 0--10 20 nJa 10 per 1,000 Entertainment 100 GFA Marinas 5,000 50 25 15 10 20 nJa 1 space per 2 slips Medical Clinic 10,000 100 30-50 ~ 10- - ;W 10 20 20 2--3/1,000 15 GFA Nightclubs 5,000 50 35 15 10 20 nJa 10 per 1,000 GFA Non-Residential Off- nJa nJa nJa 25 5 10 nJa nJa Street Parking Page 2 - 82 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Offices 10,000 100 35-50 10-15 0-10 10-20 n/a 3--4 spaces per 1,000 GFA Outdoor Recreation 5,000 50 35 10-15 10 20 n/a 2.5 spaces per /Entertainment 1,000 sq. ft. of lot area or as determined by the Community Development Director based on ITE manual standards Overnight 20,000 100--150 35-50 10-15 0--10 10-20 40 1 per unit Accommodations rooms/ acre Parking Garages and 20,000 100 50 15-25 10 10-20 n/a n/a Lots Parks and Recreation n/a n/a 50 25 10 20 n/a 1 per 20.000 facilities SF land area or as determined by the Community Development Coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a Facilities ill Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Restaurants 5,000-- 50--100 25--35 10-15 0--10 10--20 n/a 7-15 spaces 10,000 per 1,000 GFA Retail Sales and 5,000- 50--100 35-50 10-15 0--10 10--20 n/a 4- 5 spaces Services 10,000 per 1,000 GFA Util ity/Infrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities ill ( 1 ) Governmental uses shall not exceed 5 acres. Anv such use. alone or when added to contiguous like uses which exceed 5 acres shall reauire a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Page 2 - 83 Page 2 - 84 I I I I I I I I I I I I I I I I I I I (2) Public transportation facilities shall not exceed 3 acres. Anv such use. alone or when added to contiguous like uses which exceed 3 acres shall reauire a land use plan map amendment to TransnortationlUtility which shall include such uses and all contiguous like uses. (3) Utility/infrastructure uses shall not exceed 3 acres. Anv such use. alone or when added to contiguous like uses which exceed 3 acres shall reauire a land use plan map amendment to TransnortationlUtility which shall include such uses and all contiguous like uses. Flexibility criteria: A. Alcoholic beverage sales. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use ofthe parcel proposed for development will not involve direct access to a major arterial street; c. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 2. Front setback; a. The reduction in front setback contributes to a more active and dynamic street life: b. The reduction in front setback results in an improved site plan or improved design or appearance. B. Attached dwellings. 1. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level; 3. Location: The use of the parcel proposed for development will not involve direct access to a majorarterial street; I I I I I I I I I I I I I I I I I I I 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in rear setback does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. c. Governmental uses. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 3. Location. The use of the parcel proposed for development will not involve direct access to a major arterial street; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; Page 2 - 85 e. The reduction in side and rear setback does not reduce the amount of landscaped area otheIWise required. I I I I I I I I I I I I I I I I I I I 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14: b. The physical characteristics of a proposed building are such that the likely uses of the property will required fewer parking spaces per floor area than otheIWise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. D. Indoor recreation/entertainment. 1. Off street parking: The physical eAaracteristies of a proposed building are such tAat tAe likely uses oftAe property will require fewer parking spaces per floor area tAan otAerwise required or tAat tAe use of signifieaat portions oftAe building will be used f-or storage or other 80n parking demand generating purposes. ~.L The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 2. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life: b. The reduction in front setback results in an improved design and appearance: c. The reduction in side setback does not prevent access to the rear of any building by emergency vehicles: d. The reduction in side setback results in an improved site plan. more efficient parking or improved design and appearance. e. The reduction in side. setback results in landscaped areas in excess of the minimum required. 3. Height: The increased height results in an improved site plan or improved design and appearance. Page 2 - 86 I I I I I I I I I I I I I , I I I I I I E. Marinas. 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise aAd SUR set 6:00 a.m. - 9:00 p.m.; 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. F. Medical clinic. 1. The use of the parecl proposea for de'/clopmeRt trOAts OR but will ROt inyolvc direct, eKclusivc aeeess to a major arterial street The use of the parcel proposed for development is compatible with surrounding properties. 2. Off - street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14: b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Page 2 - 87 3. Front setback: I I I I I I I I I I I I I I I I I I I a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 4. Height: The increased height results in an improved site plan or improved design or appearance. G. Nightclubs. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. H. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non-residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least three four feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. Page 2 - 88 I I I I I I I I I I I I I I I I I I I 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. I. Offices. 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street~ 2. All signage is a part of the comprehensive sign program~ 3. The design of all buildings complies with the Tourist District design guidelines in Article 3 Division 5. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife: b. The reduction in front setback results in an improved site plan or improved design and appearance: c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles: d. The reduction in side and rear setbacks results in an improved site plan. more efficient parking or improved design and appearance: e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14: b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6. Height: The increased height results in an improved site plan or improved design and appearance. Page 2 - 89 K. 2. 1. Outdoor recreation/entertainment. I I I I I I I I I I I I I I I I I I I 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback contributes to a more active dynamic street life: b. The reduction in front setback results in an improved site plan or improved design and appearance. 7. OU-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within L 000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14: or b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non-parking demand-generating purposes. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; Height: The increased height results in an improved site plan and/or improved design and appearance; Page 2 - 90 I I I I I I I I I I I I I I I I I I I 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; f The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. L. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the City is by way of a side street; 3. The parking garage or lot is designed and loeated so that there is at least ten stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot: 4. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; Page 2 - 91 5. I I I I I I I I I I I I I I I I I I I Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 7. Construction of a parking structure would not otherwise be physically ef economically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front setback: a. The reduction in front setback contributes to a more active dynamic street life: b. The reduction in front setback results in an improved site plan or improved design and appearance. 11. Rear setback: M. 1. 2. 3. a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan. more efficient parking or improved design and appearance: c. The reduction in rear setback results in landscaping in excess of the minimum required. Parks and recreation facilities. The proposed use is compatible with the surrounding properties. Off-street parking is screened from adiacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. All outdoor lighting is designed so that no light fixtures cast light directly on adiacent land used for residential proposes. Page 2 - 92 I I I I I I. I I I I I I I I I I I I I 4. Off-street parkin~: Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 square feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3. Division He M N. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. N O. Restaurants: 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; Page 2 - 93 c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; I I I I I I I ,I I I I :1 I :1 I I I M I d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: ~. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street parking is available on a shared basis as determined by all existing land uses within LOOO feet of the parcel proposed for development. or parking is available through any existing or planned and committed parkingfacilities or the shared parking formula in Article 2. Division 14. b~. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces; 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. g~. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; Page 2 - 94 I I I I I I il I I I I I 'I I I I I I I 5. 6. P!L b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required; Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent.land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off- street parking. QR. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years Page 2 - 95 Page 2 - 96 I I J I I I I :1 I I I I I I I I I I I after installation substantially will obscure the fence or wall and the above ground structure; 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Use Min. Min. Max. Min. Min. Min. Density Min. Lot Lot Height Front Side Rear Off-Street Area Width (ft.) (ft.) (ft.) (ft.) Parking (sQ. ft.) 1ft.) Alcoholic 5,000 50 35--100 0--15 0--10 10- -20 n/a 5 per 1,000 Beverage Sales GFA Attached 5,000-- 50--100 135--100 0--15 0--10 10--20 30 units 1.5 per unit Dwellin~s 10,000 /acre Comprehensive ~ ~ 25 100 ~ Q.-.--W 10 20 Bla-30 0 15/1000 Infill n/a n/a n/a n/a n/a units/ sq. ft. GF fL Redevelopment acre: 40 Determined Project ill rooms/ by the acre Community Development Coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5.000 50 35-100 0-15 0-10 10-20 n/a 4- - 5 soaces Sales and oer L 000 Display GFA Marina Facilities 5,000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips Nightclubs 5,000 50 35--100 0--15 0--10 10- -20 n/a 10 per 1,000 GFA I I I I I I I I I I I I 'I I I I I I I Offices 10,000 100 35-100 0-15 0-10 10--20 nJa 3 --4 spaces per 1,000 GFA Outdoor 5,000 50 35 5--15 0--10 10--20 nJa 2.5 spaces RecreationJ per 1,000 SQ Entertainment IT of lot area or as determined by the Community Develop- ment Coordinator based on ITE Manual standards Overnight 10,000- 100- 35--100 0-15 0-10 0--20 40 1 per unit Accommodations - -150 rooms/ 20,000 acre Restaurants 5,000-- 50-- 25--100 0-15 0-10 10--20 nJa 7--15 spaces 10,000 100 per 1,000 GFA Retail sales and 5,000- 50- 35--100 0--15 0--10 10--20 nJa 4--5 spaces Services 10,000 100 per 1,000 GFA (I) Anv use approved for a Comprehensive Infill Redevelopment Proiect shall be oermitted bv the underlying Future Land Use Plan Map designation. Flexibility criteria: A. Alcoholic beverage sales and nightclubs. 1. Location: a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; Page 2 - 97 4. 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line.ofthe parcel proposed for development unless the sign is a part of a comprehensive sign program; I I I I I I I I I ,I I I I I I I I I I 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 5. The design of all buildings complies with the Tourist District design guidelines in Division 50f Article 3. B. Attached dwellings. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to an arterial street; 3. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building; Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; Page 2 - 98 I I I I I I I I I I I I I I I I I I I 4. 6. c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or that the nature of the individual dwelling units and their location is likely to lead to dependency on non-automobile modes of transportation; b. Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise ecoRomieally impractical without deviations from the use, intensity and development standards; 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project will not reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; Page 2 - 99 Page 2 - 100 I I I I I I I I I I I I I I I I I I I 7. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development; 10. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. D. Limited Vehicle Sales and Display. 1. The use of the parcel proposed for development shall be located in an enclosed structure. 2. The use of the parcel proposed for development shall have no outdoor displays. 3. No vehicle service shall be provided on the parcel proposed for development. I) E Marinafacilities. 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential I I I I I I I I I I I I I I I I I I I and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset; 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. gE. Nightclubs {Inti mccmelic hellef'tlge sales. 1. Location: a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade ofthe front lot line of the parcel proposed for development unless the sign is a part of a comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; Page 2 - 101 4. 5. d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; I I I I I I I I I I I I 'I I I I I I I 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. FG. Offices. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 3. Location: The use ofthe parcel proposed for development will not involve direct access to a major arterial street; Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within LOOO feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3. Division 14. Page 2 - 102 I I I I I I I I I I I I I I I I I I I 4. 6. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. GH. Outdoor recreation/entertainment. l. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in meaning of or identity of a melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or grater at a distance of more than 150 feet in all directions; All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within LOOO feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3. Division 14. HI. Overnight accommodations. l. Location: The use of the parcel proposed for development will not involve direct access to an arterial street; Page 2 - 103 4. 2. Height: The increased height results in an improved site plan and/or improved design and appearance; I I I I I I I I I I I I I I I I I I I 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot area and width: The reduction in lot area and/or lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 11. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of a comprehensive sign program; Page 2 - 104 I I I I I I I I I I I I I I I I I I I 5. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3. Division 14. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. JK. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; Page 2 - 105 Page 2 - 106 I I I I I I I I I I I I I I I I I I I 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and/or rear setbacks results in an improved site plan, more efficient parking or improved design and appearance. 5. OJ.r-s&eetparhng: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet ofthe parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3. Division 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. DIVISION 9. DOWNTOWN DISTRICT ("D") Section 2-901. Intent and purpose. The intent and purpose of the Downtown District is to establish a mixed use downtown where citizens can work, live, and shop in a place which is the economic, governmental, entertainment and cultural focal point of a liveable city. Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of I I I I I I I I I I I I I I I I I I I a parcel of land within the D District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 2-902. Flexible standard development. The following uses are Level One permitted uses in the Downtown District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-902. "D" Flexible Standard Development Standards Use Max. Min. Height Off-Street (ft.) Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30--50 3--5 per 1,000 GFA Attached Dwellings 30--50 1-1. 5 per unit Convention Center 30-50 5 per 1,000 GFA Governmental Uses 30 50 3 5 per 1,00b GFL^" Nightclubs 30--50 3--10 per 1,000 GFA Offices 30--50 1--3 per 1,000 GFA Overnight Accommodations 30--50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and recreation facilities 50 1 per 20,000 SF land area or as determined by the Community Development Coordinator based on ITE Manual standards Places of Worship 30--50 .5--1 per 2 seats Public Facilities 30 50 1 2 per 1,000 GFA Public Transportation 10 n/a Facilities Page 2 - 107 Page 2 - 108 I I I I I I I I I I I I I I I I I I I Restaurants 30--50 5--15 per 1,000 GFA Retail Sales and Service 30--50 2--4 per 1,000 GF A Sidewalk Vendors n/a n/a Utility/Infrastructure Facilities n/a n/a Flexibility standards: A. Accessory dwellings. One accessory dwelling, which is subordinate and accessory to a principal permitted use provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. B. Alcoholic beverage sales. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses, are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any al-l existing or planned and committed parking facilities ami or the shared parking formula in Article 3, Division 14; 3. Design. a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. I I I I I I I I I I I I I I I I I I I c. Attached dwellings. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes or is designed so that the use functions in a way which will contribute to an active urban street environment; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet ofthe parcel proposed for development, or parking is available through any all-existing or planned and committed parking facilities aRd or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. D. Convention center. 1. The convention center is located on a parcel of land which is at least two acres in size; 2. Height: The convention center building will not obscure overwater vistas of any existing individual residential unit with a floor height of35 feet; 3. Design. a. The facades of the convention center building or off-street parking facilities which serve the convention center are designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. E. Gm/ernmenk1./ uses. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property 'J/ill require fewer parking spaces per floor area than otherwise required or tAat the use of significant portions of the building for storage or other non parking demand generating purposes or the physical context, including adjacent buildings and uses are such that there is a high Page 2 - 109 3. FE. 1. 2. 3. GE. probability that patrons will use modes of transportation other than the automobile to access the use; I I I I I I I ,I I I I I I I I I I I I b. i\dequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, all existing or planned and committed parking facilities and the shared parking formula in i\rticle 3, Division 11; Design: a. All street frontage is designed and used for commercial purposes or comparable governmental service purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of ,^.rticle 3. Nightclubs. Height: The increased height results in an improved site plan and/or improved design and appearance; Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any all existing or planned and committed parking facilities aOO or the shared parking formula in Article 3, Division 14; Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Offices. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; Page 2 - 110 I I I I I I I I I I I I I I I I I I I 2. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any aH-existing or planned and committed parking facilities ftflEl or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. HG. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any aH-existing or planned and committed parking facilities ftflEl or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. IH. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the City is by way of a side street; 3. The parking garage or lot is designed and located so that there are at least ten stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; Page 2 - 111 4. Any frontage along a public street is. designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; I I I I I I I I I I I I I I I I I I I 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adiacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14. J. Places of worship. 1. Lot area: The reduction in lot area 'Hill not result in a building \vhich is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; ~l. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; ~ The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required; Page 2 - 112 I I I I I I I I I I I I I I I I I I I I 42. ~ 3. 61. K. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. PuhUc faeiJ.ities. 1. Height: The increased height results in an improved site plan and/or impro',ed design and appearance; 2. ,^JI street froRtage is desigRcd and used for govemmeRtal customer service purposes or is designed and/or sereened to contribute to an acti',e urban street environment; 3. Off str-eet parking: ,^..dequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet oftRe parcel proposed for deyelopment, all existing or planned afld committed parkiag faeilities and the shared parkiRg formula in Article 3, Division 11; 4. The design of all buildings eomplies -;;ith the DowRtown District design guidelines in Division 5 of Article 3. bK. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; Page 2 - 113 Page 2 - 114 I I I I I I I I I I I I I I I I I I I 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. M L. Restaurants. I. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any all existing or planned and committed parking facilities aOO or the shared parking formula in Article3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. N M. Retail sales and service. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any all existing or planned and committed parking facilities aOO or the shared parking formula in Article 2, Division 14; I I I I I I I I I I I I I I I I I I I 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. g N. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement; 2. The land occupied by a sidewalk vendor is not designated or used for required off- street parking. P- O. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 3. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Development Standards Use Max. Min. Height Off-Street (ft.) Parking Alcoholic Beverage Sales 30-100 3--5 per 1,000 GF A Attached Dwellings 30-100 1--1. 5 per unit Page 2 - 115 Comprehensive InfilI 30 100 n/a 0 15 per 1,000 GFA Redevelopment Project ill Determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1 000 GF A Governmental Uses 30-100 3- -5 per 1,000 GFA Indoor recreation! 30-100 3- -5 per 1.000 GFA Entertainment facility Limited Vehicle Sales and 30 2- - 4 per 1.000 GFA Display Marinas/marina facilities 30 1 space per slip Nightclubs 30-100 3- -10 per 1,000 GFA Offices 30-100 1- -3 per 1,000 GFA Overnight Accommodations 50-100 .75--1 per unit Public Facilities 30-100 1- -2 per 1,000 GFA Restaurants 30-100 5- -15 per 1,000 GFA Retail Sales and Service 30-100 2- - 4 per 1,000 GFA Social/public service 30-100 3- -4 per 1000 GFA agenCies Telecommunication Towers Hfa.-Refer to Section 3-2001 n/a (I) Any use approved for a Comprehensive rutili Redevelopment Proiect shall be permitted by the underlying Future Land Use Plan Map designation. Flexibility standards: A. Alcoholic beverage sales: 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; Page 2 - 116 I I I I I I I I I I I I I I I I I I I I I I I I I I I I ,I I I I I I I I I I b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any all existing or planned and committed parking facilities aBEl or the shared parking formula in Article 2, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. B. Attached dwellings. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; c. The height may be increased to one hundred and fifty feet (150') if the parcel proposed for development fronts on Clearwater Bay or is only separated from Clearwater Bay by a public open space or right-of-way. 2. All street frontage is designed and used for commercial purposes or is designed so that the attached dwellings function in a way which will contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of the proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or Page 2 - 117 4. that the nature of the individual dwelling units and their location is likely to lead to dependency on non-automobile modes of transportation; I I I I I I I I I I I I I I I I I I I b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any all existing or planned and committed parking facilities and or the shared parking formula in Article 3, Division 14; The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; 6. The development of the parcel proposed for development as an comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Page 2 - 118 I I I I I I I I I I I I I I I I I I I 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development; 10. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. D. Educational facilities. 1. The parcel proposed for development fronts on a road with at least four lanes. 2. The proposed development does not have an accessway which connects to a local street at a point more than 100 feet from the four lane road on which the parcel proposed for development fronts. 3. Height: The increased height results in an improved site plan and/or improved design and appearance. E. Governmental uses. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes or comparable governmental service purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any aJ-I. existing or planned and committed parking facilities aOO or the shared parking formula in Article 3, Division 14; Page 2 - 119 4. F. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. I I I I I I I I I I I I I I I I I I I Indoor recreation/entertainment facility. 1. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14: b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context. including adiacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. 2. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court: b. The increased height results in an improved site plan and/or improved design and appearance. G. Limited Vehicle Sales/Display 1. The use of the parcel proposed for development shall be located in an enclosed structure. 2. The use of the parcel proposed for development shall have no outdoor displays. 3. No vehicle service shall be provided on the parcel proposed for development. 4. Off-street parkinfl: a. Adequate parking is available on a shared basis as determined by all existing land uses within! ,000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than Page 2 - 120 I I I I I I I I I I I I I I I I I I I F 1. otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. H. Marina and marina facilities. I. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach: b. Clearwater Harbor grass beds: c. Cooper's Point: d. Clearwater Harbor spoil islands: e. Sand Key Park: f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas. unless the marina facilities are totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset: and 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Nightclubs. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and Page 2 - 121 4. G1. uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; I I I I I I I I I I I I I I I I I I I b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any all existing or planned and committed parking facilities aOO or the shared parking formula in Article 3, Division 14; The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Offices. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any all existing or planned and committed parking facilities and or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; HK. Overnight accommodations. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, Page 2 - 122 I I I I I I I I I I I I I I I I I I I 4. JM. or parking is available through any alt-existing or planned and committed parking facilities aflEi or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; IL. Public facilities. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any aU existing or planned and committed parking facilities aflEi or the shared parking formula in Article 3, Division 14; The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Restaurants. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; Page 2 - 123 2. 3. 4. KN. All street frontage is designed and used for commercial purposes; I I I I I I I I I I I I I I I I I I I Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through anyal-l existing or planned and committed parking facilities aOO or the shared parking formula in Article 3, Division 14; The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Retail sales and services. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any al-l existing or planned and committed parking facilities aOO or the shared parking formula in Article 3, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. o. Social/vubUc service agencies. Page 2 - 124 I I I I I I I I I I I I I I I I I I I b .e. 2. 3. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court: b. The increased height results in an improved site plan and/or improved design and appearance: 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active urban street environment: 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context. including adiacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use: b. Adequate parking is available on a shared basis as determined by all existing land uses within 1.000 feet of the parcel proposed for development. or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3. Division 14: 4 The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1.500 feet of another social/public service agency. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. Page 2 - 125 DIVISION 10. OFFICE DISTRICT ("0") Section 2-1001. Intent and purpose. The intent and purpose of the Office "0" District is to provide the citizens of the City of Clearwater with convenient access to professional services and high quality jobs throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Section 2-1001.1. Maximum development potential. The Office District ("0") may be located in more than one land use category. It is the intent of the 0 District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel ofland within the o District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designation that apply to the 0 District are as follows: Countywide Maximum Maximum Overnight Future Land Dwelling Units Floor Area Accommodations Use Designation per Acre of Land RatiolImpervious Units per Acre Surface Ratio Residential/Office 7.5 dwelling units FAR .401ISR .75 N/A Limited per acre Residential/Office 7.5 dwelling units FAR AOIISR .75 N/A Limited per acre Residential/Office 15 dwelling units FAR .501ISR .75 N/A General per acre Residential/Office/Retai I 18 dwelling units FAR .40/ISR .85 30 units per acre per acre Section 2-1002. Minimum standard development. The following uses are Level One permitted uses in the Office "0" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Page 2 - 126 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Table 2-1002. "0" District Minimum Development Standards Use Min. Min. Max. Min. Lot Lot Height Setbacks Area Width (ft.) (ft.) (sq. ft.) (ft.) Front Side Rear Min. Off-Street Parking Offices 10,000 100 30 25 20 20 3/1,000 sq. ft. GFA Parks and nla nla 50 25 10 20 1 per 20.000 recreation SF land area or facilities as determined by the Community Development Director based on ITE Manual standards Places of 40,000 200 30 35 20 20 1 per 2 seats Worship ill Schools 40,000 200 30 35 20 20 1/3 students (1) Places of Worship shall not exceed 5 acres. Any such use, alone or when added to contiguous like uses which exceed 5 acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Section 2-1003. Flexible standard development. The following uses are Level One permitted uses in the Office "a" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1003. "0" District Flexible Standard Development Standards Use Min. Min. Max. Min. Lot Lot Height Setbacks Area Width (ft.) (ft.) (sq. (ft.) ft. Page 2 - 127 Front ~ Side Rear Min. Off-Street Parking Accessory n/a n/a n/a n/a n/a n/a Hf.a 1/unit Dwellings Community 6,000 60 30 25 10 10 1 per 2 Residential Homes residents Educational 3.500 50 30--50 25 10 20 2--3/1.000 facilities GFA Medical Clinic 20,000 100 30 35 20 20 5/1,000 GFA Nursing Homes 20,000 100 30 35 20 20 1 per 2 residents Offices 3,500 50 30--50 25 10 20 2--3/1,000 GFA Off street parking 3.500 50 n/a 25 10 20 n/a Places of Worship 20,000 100--200 30--50 25--35 10--2 10--20 1 per 2 ill -- 0 seats 40,000 Public n/a n/a 10 n/a n/a n/a n/a Transportation Facilities ill Restaurant 10,000 -w(}'n/ a 30 50 ~n/a ;W W- n/a 15/1,000 n/a n/a n/a GFA n/a Retail Sales and 10, 000 WG---n/ a 30 50 ~ n/a ;W ;W n/a 5/1,000 Service n/a n/a n/a GFA- n/a TV Radio Studios 40,000 200 35 35 20 20 5/1,000 GFA Util ity/lnfrastructure n/a n/a n/a 35 20 20 n/a Facilities ill Veterinary Offices 5,000 50 30 25 10 20 4/1000 GFA Page 2 - 128 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 'I I I I I I I * The front setback may be reduced to fifteen (15) feet for parking lots provided the land area is not sufficient to accommodate the full setback reQuirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum reQuired. (I) Places of worship shall not exceed 5 acres. Any such use. alone or when added to contiguous like uses which exceed 5 acres shall reQuire a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Public transportation facilities shall not exceed 3 acres. Any such use. alone or when added to contiguous like uses which exceed 3 acres shall reQuire a land use plan map amendment to TransportationlUtilitv which shall include such uses and all contiguous like uses. (3) Utili tv/infrastructure facilities shall not exceed 3 acres. Any such use. alone or when added to contiguous like uses which exceed 3 acres shall reQuire a land use plan map amendment to TransportationlUtilitv which shall include such uses and all contiguous like uses. Flexibility criteria: A. Accessory dwellings. One accessory dwelling, which is subordinate and accessory to a principal permitted use shall be permitted provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. B. Community residential homes. 1. The number of residents does not exceed 14; 2. The neighborhood in which the parcel proposed for development is a stable neighborhood where the average assessed value of improvements exceeds the assessed value ofland. 3. The parcel proposed for development is not located within 1,000 feet of another parcel of land used for community residential home purposes. C Educational facilities. 1. The proposed parcel for development fronts on a road with at least four (4) lanes: and 2. The proposed development does not have an access which connects to a local street at a point more than 100 feet from the four (4) lane road on which the parcel proposed for development fronts. 3. Heirtht: a. The increased height results in an improved site plan. landscaping in excess of the minimum required and/or improved design and appearance. Page 2 - 129 b. The increased height will not reduce the vertical component of the view from any adjacent residential property. G D. Medical clinic. 1. The use of the parcel proposed for development fronts on but will not involve direct, exclusive access to a major arterial street. The use of the parcel proposed for development is compatible with surrounding properties. 2. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. I) E. Nursing homes. 1. The use ofthe parcel proposed f-or development fronts on but will not involve direct, exclusive access to a major arterial street. Off-street parking is screened from adiacent parcels ofland and any adiacent street by a landscaped wall or fence of at least four (4) feet in height; 2. All waste disposal containers which serve the proposed use are located wtihin a landscape enclosed structure. E E. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. Sign. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely use of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. G. Off-street parking. 1. Off-street parking spaces shall be screened from residentially zoned or used properties by a wall or fence at least four (4) feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. Page 2 - 130 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. 4. fYI. 2. All outdoor lighting shall be automatically switched to turn off at 9:00 p.m. 3. All parking spaces shall be surface parking. 4. Access and any necessary stacking space shall be based on the size and design of the parking lot as determined by the Community Development Coordinator. FH. Places of worship. 1. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Side and rear setbacks: a. The reduction in side and setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side setback does not reduce the amount of landscaped area otherwise required; Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; component of the view from any adjacent residential property; 5. Off street parking: The total number of off street parking spaces including off site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; Page 2 - 131 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas. II 1. Restaurants. 1. The use is located in a building which is primarily used for office purposes; 2. The restaurant does not occupy more than ten percent of the floor area ofthe building in which it is located; 3. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 4. Sign: No sign of any kind related to the restaurant use is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed fDr development unless such signage is a part of an approved comprehensive sign program. I K. Retail sales and services. 1. The use is located in a building which is primarily used for office purposes; 2. The retail sales and service use does not occupy more than ten percent of the floor area of the building in which it is located; 3. No sign of any kind related to the retail sales and service use is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for de',elopment unless such signage is a part of an approved comprehensive sign program. J l,. TV radio studios. 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes; 2. All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes; Page 2 - 132 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial roads. K M. Utility/infrastructure facilities. I. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which will five years after installation substantially obscure the fence or wall and the above ground structure. b N. Veterinary offices. I. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes; 2. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. The use of the parcel proposed for development will not involve direct, exclusive access to a major arterial street. Section 2-1004. Flexible development. The following uses are Level Two permitted uses in the Office "0" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1004. "0" District Flexible Development Standards Use Min. Min. Max. Min. Lot Lot Height Setbacks Area Width (ft.) (ft.) (sq. ft.) (ft.) Front Side Rear Min. Off-Street Parking Accessory dwellim!s n/a n/a n/a n/a n/a n/a lIunit Page 2 - 133 Comprehensive nla nla nla nla nla nla Determined by Infi 11 the Community Redevelopment Development Project ill Director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30--50 ~ 10- -20 10--20 5/1,000 GFA 15--35 Mixed use 3.500 50 30--80 15-- -35 10- -20 10- -20 2--3/1.000 GFA Nursing Homes 20,000 100 30--50 ~-12 10--20 10--20 1 per 2 residents ---35 Offices 3,500 50 30--80 15- -35 10- - 20 10--20 2--3/1,000 GFA Restaurant -W;OOG +00 nla 30 gO ~ ;w... nla ;w... nla 10 15/ nla nla nla 1,000 GFA nla Retail Sales and -W;OOG -l{}()... nI a 30 50 25 35 ;w... nI a Mnla 1 5/1,000 GF A Service nla nla nla nla Telecommunication Nfa nta--l00 nta--Refer nta--25 nta--l0 nta--20 nla Towers 10.000 to Section 3-2001 TV Radio Studios 20,000-- 100--200 35--80 ~ 10- -20 10- -20 3--5/1,000 GFA 40,000 15--35 ( 1) Any use approved for a Comprehensive Infill Redevelopment Proiect shall be permitted by the underlying Future Land Use Plan Map designation. Flexibility criteria: A. Accessorv dwellings. One (I) accessory dwelling. which is subordinate and accessory to a principal permitted use provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use: 2. The floor area of the accessory dwelling does not exceed twenty-five percent (25%) of the floor area of the principal use. A I!. Comprehensive infill redevelopment projects. I. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; Page 2 - 134 I I I I I I I I I I I I I I I I I I' I I I I , I I I I I I I I I I I I I I I I I 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of butting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; 6. The development of the parcel proposed for development as an comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development; 10. The design of all buildings complies with the Downtown District design guidelines in Diyision 5 of l\rticle 3. B C. Medical clinic: 1. Access: The use of the parcel proposed for developmcnt ..vill not involve direct, c){clusi';c access to a major arterial street The use of the parcel proposed for development is compatible with the surrounding area. 2. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. 3. Height: The increased height results in an improved site plan or improved design and appearance: Page 2 - 135 4. Sign: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program: I I I I I I I I I I I I I I I I I I I 5. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 6. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan. more efficient parking or improved design and appearance and landscaping in excess of the minimum required. D. Mixed use. 1. The uses of the parcel proposed to be developed shall be permitted in the Office District. 2. Residential uses are located in a building which is part of a mixed use development designed and constructed to be occupied by a least two uses. 3. Height: a. The increased height results in an improved site plan. landscaping in excess of the minimum required and/or improved design and appearance: b. The increased height will not reduce the vertical component ofthe view from any adiacent residential property. 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setbacks: a. The reduction in the side and/or rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in the side and/or rear setback results in an improved site plan. more efficient parking or improved design and appearance and landscaping in excess of the minimum required. 6. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise Page 2 - 136 I I I I I I I I I I I I I I I I I I I Gg. 2. 3. 4. required or the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Nursing homes. 1. Access: The use of the parcel proposed for development will not involve direct, exclusive access to a major arterial street; Height: The increased height results in an improved site plan or improved design and appearance; Sign: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan more efficient parking. or improved design and appearance and landscaping in excess of the minimum required. gr. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. ~No sign of any kind is designed or located so that any portion of the signage is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Page 2 - 137 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. .g G. Restaurants. 1. The use is located in a building which is primarily used for office purposes; 2. The restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 3. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 1. No sign of any kind related to the restaurant use is designed or located so that any portion of the sign is more than six feet abo'le the finished grade oEthe front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensi'le sign program; 5. Height: The increased height results in an improved site plan or impro'/ed design and appearance; 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance; '+ 2. The use of the parcel proposed for development will not involve direct access to a major arterial street. F H. Retail sales and services. 1. The use is located in a building which is primarily used for office purposes; 2. The retail sales and service use does not occupy more than ten percent of the floor area of the building in which it is located-;-~ 3. No sign of any kind related to the retail sales and service use is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 1. Height: The increased height results in an improved site plan or improved design and appearance; 5. Front sctbflck: The reduction in front setback results in an improved site plan or improved design and appearance; Page 2 - 138 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (;4. GI. 1. 2. 3. HI. 2. The use of the parcel proposed for development will not involve direct access to a major arterial street. Telecommunication towers. No telecommunication tower is located on Clearwater Beach. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 20. TV radio studios. 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas I or is used for residential purposes; All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes; 5. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial streets; 4. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 5. The use ofthe parcel proposed for development will not involve direct access to a major arterial street; 6. Height: The increased height results in an improved site plan or improved design and appearance; 7. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 8. Setbacks: a. The reduction in front setback results in an improved site plan or improved design and appearance; Page 2 - 139 b. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; c. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; d. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required; 9. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non- parking demand-generating purposes. DIVISION 11. MIXED USE DISTRICT ("~ru") Reserve Seetion 2 1 ten. Intent and purpose. The intent and purpose of the Mixed Use "~ru" District is to provide the citizens of the City of Clean vater with opportunities to live, '..vorle and shop in cOH-veniem, imegrated communities of place where access to goods and services and high quality jobs are integrated into compact urban places '.vithout adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clean vater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Seetion 2 1101.1. Maximum de\'elopment potential. The Mixed Use District ("~ru") may be located in more than ORe land use category. It is the intent of the MU District that devclopmem be consistent with the Count)~Nide Future Land Use Plan as required by state law. The de',c1opmem potemial of a parcel of land within the MU District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Dc';elopment potential for the Countywide Future Land Use Designations that apply to the ~ru District are as follows: CountY'Nide Maximum Maximum Overnight Future Land Dwelling Units Floor Area Accommodations Use Designation per A.<:re of Land RatiolImpervious Units per Acre Surface Ratio Residential/Office Limited 7.5 dwelling units FL\R .10/ISR .75 WA per acre Residential/Office General 15 dVlelling units FAR .50/ISR .75 WA per acre Page 2 - 140 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Residential/OfficelRetai I 18 dwelling units FAR .10/ISR .85 30 units per acre per acre Rcsort Facilities High 30 dv..elling units F.'\R .1.2/ISR .91 50 units per acre per acre Seetion 2 1192. Minimum standard de...e1opment. The following uses are Lcyel One permitted uses in the Mixed Use "MU" District subject to the minimum standards set out in this section and other applicable provisions of lJ1ic1e 3. Table 2 1102. "MU" District Minimum Standard Development Yse Mift- Mift- Mift- Mffif7 Mffi:. -bet -bet Setbacks Height --f>.tf- Area Widtfl -ttB -ttB Street (sq. ft.) -ttB Parking FreRt Side ReaF Detached ~ W ~ ~ ~ Jg 1. 5/unit r-. . II' Seetion 2 1193. Flexible standard development. The follo.;ting uses are Level One permitted uses in the Mixed Use "1m" District subject to the standards and criteria set out in this section and other applicable provisions of f.rticle 3. Table 2 1103. "MU" District Flexible Standard DevelopmeRt Standards Yse Mffi:. Mift- Mift- Mffif7 Mift- -bet bet Setbacks Height --f>.tf- Area Widtfl (4t:1 -ttB Street (sq. ft.) (4t:1 Parking FreRt Side ReaF Accessory flfa flfa flfa flfa flfa flfa flfa ~ Attached 10, 000 100 15 ~ ~ ~ Jg 0 1.25/ Dwellings 20,000 () Hflit Page 2 - 141 Detached ~ M) 15 25 ~ 10 15 ~ 1. 5/unit - ... Gffiee 10,000 -tOO ~ ~ ~ ~ 2 3/1,0 00 GF A POOH€ flfa flfa flfa flfa flfa W flfa Transportation Facilities Restaurants 10, 000 -tOO ~ ~ ~. ~ 5 15/1, OOOGF A Retail Sales and 10, 000 -tOO ~ ~ ~ ~ 3 5/1,0 Service 00 GF ,^... Util ity/lnfrastru flfa flfa ~ ~ ~ flfa flfa cture Facilities FI 'b'" " ex. I Ity erlterls: A. Accessery dwellings. One accessory dwelling, which is subordinate and accessory to a principal use shall be permitted provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. B. Attached dwellings. 1. Attached d.;tellings are not a part of a miJecd use development ",;hen the dimensions or location of the parcel proposed for de'/elopment are such that the parcel is not suitable for mixed use de'/elopment and no reduction in lot area, lot '.vidth, setbacks, height or parking is required; or 2. ,^.ttached d'.vellings are a part of a mixed use development; 3. fAt least one off street parking space will be available for each dv.elling unit on the parcel proposed for development on a shared basis as determined by the shared parking formula in Article 2, Division 11. C. Detached dwcUings. 1. Front scthClC/c: The reduction in front setback results in an improved site plan or improved design and appearance; Page 2 - 142 I I I I I I I ,I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. The use of the pareel proposed for development v,ill not involve direet access to a major arterial street. 3. Rear setback: The reduction in rear setbaek is necessary to preserve protected trees or results in an improved site plan or more effieient design and enhanced appearance. D. Offices. 1. Office uses are located in a building '.vhich is a part of a mixed use development, designed and constructed to be occupied by at least t';/O uses permitted in this District; 2. Office uses comprise flO more than 25 pereeRt of the floor area of the mixed use development; 3. No more than ten percent oftRe non residential street frofltage including parking garages and driveways is designed and cOflstructed for office use; 1. Parking: Adequate parking will be available within the immediate vicinity to serve all uses in a mixed use developmeRt eomprised of t'//o or more uses based on the shared parking formula in Division 14 of fJticle 3 using the following minimum parking requirements: Residential one space per dwelling unit, Office tltree spaces per 1,000 square feet of gross floor area, retail sales and service f-our spaces per 1,000 square feet of gross floor area and Restaurants ten spaees per 1,000 square feet of gross floor area. E. Puhlic transportation facilities. 1. The public transportation facilities are not located '.vithin 1,000 feet of another public transportation facility unless necessary to serve established transit stops vvith. demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from ',iew from any residential use or land designated as residential in the Zoning ,^..tlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas. F. Rcslaur-tmts. 1. Restaurants are located in a building which is a part of a mixed use development, designed and constructed to be occupied by at least t'NO uses permitted in this District; 2. Restaurants comprise no more th.an 25 percent of the floor area of the mixed use development; Page 2 - 143 3. G. 1. 2. 3. H. D l' . Aa . ar,c~ng. L ~ equate parking "vill be a"ailable..... . . . uses In a mixed use development' . d n IthIn the ImmedIate vIcinity to serve all I . compnse of t'''o or m b par cmg formula in Division 11 of A rf I 3 . n ore ~ses ased on the shared . L'" IC e USIng the felle'" . . reqUIrements: Residential one. d' n Ing mlRlmUm parking space per welltng lJfl't 8m square feet of gross floor area Ret '1 S I . I, ce three spaces per 1 000 ~ ' al a es and Sernce t; , eet of gross floor area and Restaurant t . our spaces per 1,000 square area:- s en spaces per 1,000 square feet of gross floor Retail sales and services. Retail sales and service uses are located in a b .. .. de'..elopment and is designed and con t UlldIng whl~h IS a part of a mixed use permitted in this District s ructed to be occupIed by at least two uses , R~tail sales and service uses comprise no more th mIxed use development; an 25 percent of the floor area of the D l' . Aa . . ar.ang. L ~ equate parkmg '.vill be a"ailable.... A' . . uses in a mixed used development c' .. d nIt m the ImmedIate vicinity to serve all I . ompnse oft"'e eF b par (lng f-ormula in Di',ision of A Ff I 3 . n mo~e uses ased on the shared . . .... IC e usmg the felle'" . . reqUIrements: Residential one d' n IRg mlRlmUm parking space per '.vellmg 't Qm square feet of gross floor area, Retail Sales and S .~Rl, ce three spaces per 1,000 feet of gross floor area and Restaurants t ef\. lee four spaces per 1,000 square area:- en spaces per 1, 000 square feet of gross floor lckf /' J', 1 Ity llYr6lstructurc facilities. No above ground structures are located adjacent to a street right of .....ay; A b L ~ny.a ove ground structure other than ermit . . dlstnbution lines looated on or along p I t~~ teleeommURlcatton towers and utility I a a rear ot IRe sAall be a . an seaped opaque wall or fen "'h' h' soreene from vIew by a a ce n IC IS at least t"'e tA' a A A . groun structure and shall be land d .... h. n Ir s t e Clght of the abo'..e . t II . seape n It trees ana Aea A' A . IRS a atton substantially obscure th fi ges W Ie WIll five years after e ence or wall and the abo' 'e ground t t . s ruc ure. SediaH 2 1104. Flexible deyelapmeHt. 1. 2. The following uses are Level Two permitted' . standards and criteria set out in this section a:;est~n the ~~Ixed Use "~~" District subject to the o er apphcable provIsIons of L'\rticle 3, I Table 2 1101 ":tI<<J" g" . . .. Istnct FleXIble De' 'elopment St d d . anars Page 2 - 144 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I tJse Mffi:- Mffi:- -MHr. ~ Mffi:- -bet -bet Setbacks Off Street Area Width -fiB Height Parking ~ -fiB -fiB ft.i Freflt Side Reaf ,ALttached 10,000 -lOO 10 25 ~ G-lj 30 50 0 1/unit D'.vellings Office 10,000 100 10 25 0 50 15 30 50 2 3/1,000 GFA Comprehensive flfa flfa flfa flfa flfa flfa flfa IfffiI.l Redevelopment ~ Overflight 10, 000 -lOO 10 25 ~ G-lj 30 50 .75 l/unit Accommoclations Parking Garages 20,000 -lOO 15 25 .w 10 20 ~ flfa and Lots Restaurants 10, 000 -lOO 10 25 ~ G-lj 30 50 5 15/1,000 GFA Retail sales and 10, 000 -lOO 10 25 ~ G-lj 30 50 3 5/1,000 serviCe GFA Flexibility eriteria: A Attached dwellings. 1. ;\ttached dwellings arc a part of a mixed use development; 2. At least one off street parking space will be available for each unit on the parcel proposed for development on a shared basis as determined by the shared parking f{)rmula in Article 2, Division 14; 3. Height: a. The increased height res\:llts in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; Page 2 - 145 4. 5. 6. B. 1. 2. 3. 1. 5. b. T~e increased height will not reduce the vertical component ofth ,,' m fi adjacent residential property; e ,Ie.. fom any I I I I I I I I I I I I I I I I I I I c. The height may be increased to 150 feet if the parcel proposed for d " I froRts en Gleafl" t B ,. I eye opment .. a er ay or IS on y separated from Clearwater Bay by a pubr open space, . 10 No sign of any kind is designed or located so that an - ' f ' . feet above the finished grade of the front lot line of t~ portlO~ 0 the sign IS more than six unless such signage is a part of an appro' 'cd compreh e p~~ce . proposed for development , enSI, e sign program; T~e ~St of the parcel proposed for development will not invol"e direct access to ' a erIa street; ,a major Setbacks: a. The reduction in front setback contributes to a more acti' -e and d ' Hfe:. ' ynamlc street , b. The reduction in front setback results in an impro',ed site plan o' " d d ' and appearance; r Improve eSlgn c. ~h,~:.edu~t~on in side and r~ar setback does not prevent access to the rear of any Ul mg ) emergency vehicles; T:;'~ ~eductio~ in sid~ and rear setback results in an improved site plan e Olent parkmg or Improved design and appearance. ' more Comprehensh'e injill redel-'eJepment projocts, d. The de',elopment or redeyelopment of the parcel ro 0 at;" ' , economically impractical v/ithout deviations fro p th P so ,or de: elopment IS otherwise standards' meuse, Intensity and deyelopment , The development of the parcel proposed for de' 'olo ment a G ' Redevelopment Project will not reduce the fair'marfcet "alu: ~f :;~~ehenslve I~fill , u mg properties; The uses within the eompfehen '" . till a I ' in the City of Clearwater; Sl v e 10 re eve opment proJeet are othenvise permitted ~:~;:~~~:'~~~ ~~j~~~~v:~~~n ~~:s~omprehensive infill rede';elopment project are , Suitable sites for development or redevelopment of th ' . . ~~~':~t:~'ive infill reaevelopment pmject Me not ot::::s:r.~~~.~~:::St:':~::/:~ , Page 2 - 146 I I I I I I I I I I I I I I I I I I I 2. 3. 1. 5. 6. The development of the parcel proposed for de';elopment as an comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed comprehensive infill redevelopment pr~ect creates a form and function vlhich enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in regard to lot width, required setbacks, height and off street parking arc justified by the benefits to oomml:mity character and the immediate vicinity of tho parcel proposed f-or development and the City of Clearwater as a whole; 9. ,^..dequate off street parking in the immediate vicinity according to the shared parking formula in Division 11 of Article 3 will be available to avoid on street parking in the immediate vicinity of the parcel proposed for development; 10. The design of all buildings complies '.vith the Downtown District design guidelines in Di';ision 5 of f..rticle 3. c. Offices. 1. Office uses arc located in a building which is a part of a mixed use de'/elopment, designed and constructed to be oceupied by at least t..\'o uses permitted in this district; Office uses comprise no more than 25 percent of the floor area of the mixed use development; No more than ten percent of the non residential street frontage including parking garages and driveways is designed and constructed for office use; Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; c. The height may exceed 80 feet if the parcel proposed for development fronts on Clearwater bay or is only separated from Clearwater Bay by a public open space or right of way. Signs: No sign of any kina is designed or located so that any portion of th.e sign is more than six feet above the finished grade of the front lot line of the parcel proposed for de'.'elopment unless such signage is a part of an approved comprehensive sign program; Page 2 - 147 6. The use oithe parcel proposed for development will not involve direct access to an arterial street; I I I I I I I I I I I I I I I I I I I 7. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback docs not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. 8. Parking: ,^..dequate parking will be available within the immediate vicinity to serve all uses in a mixed use development comprised of two or more uses based on the shared parking formula in Division 11 of Article 3 using the follov:ing minimum parking requirements: Residential one space per dwelling unit, Office three spaces per 1,000 square feet of gross floor area, Retail Sales and Service f-our spaces per 1,000 square feet of gross floor area and Restaurants ten spaces per 1,000 square feet of gross floor area:- D. O,.'crnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off street parking: Adequate parking is available on a shared basis as determined by all existing land uses \.vithin 1,000 feet of the parcel proposed for development, all existing or planned and committed parking facilities and the shared parking formula in Article 3, Division 11; 1. The design of all buildings complies .......ith the Do'.vntO\vn District design guidelines in Division 5 of ,^..rticle 3. E. Parking garages Gl1'ld lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; Page 2 - 148 I I I I I I I I I I I I I I I I I I I 2. A , .ccess to and from the parkin . g garage or lot IS by way of a side street" The parkiag garage or lot is d""igne<l and locate .' spaces available for cars waiting to pass th hd so th~ th~re IS at least ten stacking garage or lot; roug a parlang ticket or booth to enter the Any frontage along a publio street is landsea . and use to other uses fronting 011 eaeh str ped or .deslgned to be similar in character along the street or the nearest illtersectioneset'~~eaL. d~~ta~cel of250 feet in either direction , n ne.er IS -ess; Parkin~ structures arc designed, constructed and . garage IS architecturally compatible "'itA h d ,finished so that the structure of the HSes; " t e eSlgn and character of adJ' acent nn' , I r nClpa- 3. 1. 5. 6. There is an unmet existing demand for ada' , " parcel proposed for development; Ihonal parkIRg IR the immediate vicinity of the Construction of a parking stn ... feasible' I:wture "ould not otherwise be physicallv or . , J ~oo~~~ The front ana fea te I ' . r se ac (S 'J/hICh are nrO"I' ...Ie...l ' actl"e Re...l t' I r . t2 t2 are ImRfa"e...l . rues nan, commercial areas fi 'd'" r , . u as an aroade or .....ith oth or urban amenities' ar SI enalk cafes, sldev,alk 'Iendors street .~ ,er , , ttlffilture 7. 8. 9. The design of all buildin s com Ii n,' , 3 Division 5. g P es "Ith the TOtinst District design guideline ' A . SIR, ..rtlcle F. Restaur-ants. 1. Restaurants are located in a b 'ld' " a . Ul IRg "'hICh I f eSlgned and constructed to be occ :. db, s a part 0 a mixed use development uple ) at least two uses permitted in th' d" , Il IS Istnol. ~estaurants comprise no more than 25 ' development" percent of the floor area of the m, d , Ixe use 2. 3. Height: a. The incr~ased height results in an im ro" ' of the mmimum required or improve: d~~d site tan, landscaping areas in excess sign an appearance' , The increased height "'ill not d h a' .. re uce t e" Ft' I a Jacent residential property; . e Ica component of the view from any Signs:. No sign of any kind is desi Red or ~han .,X feet above the "Rished gr~ oft~oc::ed ~o (hot any portiOR of the SigR i. more evelopment unless such signage is a part e f fOnt ot lIRe of the parcel proposed for o an approved eomprehensi...e sign program; b. 1. Page 2 - 149 a. ~ reduction in front setback contributes to a more aoti"e and d . . , . ynamlc street I I I I I I I I I I I I I I I I I I I 5. Setbacks: 6. 7. G. 1. 2. 3. 1. b. The reduction in front setback results in an im ..' . and appearance; pro. cd site plan or Improved design c. Th.e r,eduction in side and rear setback does not re" buIldIng by emergency vehicles' p . ent access to the rear of any , The ~eductio~ in side and rear setback results in an ' YO ' effiCient parkIng or improYOed de . d Impro.ed site plan, more . sign an appearance. The ~se of the parcel proposed f-or develo n: ' , arterIal street; pment HIll not Involve direct access to a major d. D I' Ad ~ ffl",~l'lg: ..., equate parking will be available within th' , '" uses In a mixed use development 'd e Immediate Ylclmty to serve all I ' " comprIse of two (2) or panIng formula In Division 11 f A If I' more uses based on the shared , 0 .... lC e 3 usmg the fell n: " requirements: Residential one space per d"'ellin ,OHIng mmlmum parking square feet of gross floor area Retail 8 I H d 8 g ~mt, Office three spaces per 1 000 t; f ' a es an eFnee t; , eet 0 gross floor area and Restaurants t . our spaces per 1,000 square area:- en spaces per 1, 000 square feet of gross floor Retail sales and services. Retail sales and service uses are located in a b 'ld' no' , deyelopment and is designed and constn ot d ~I bIng H hl~h IS a part of a mixed use permitted in this district.. l:l e 0 e occupied by at least two uses , Retail sales and service uses comp , , . rIse no more than 2~ f mixed use development; percent 0 the floor area of the Height: The incr~~sed height results in an improved site Ian . , , of the mlAlmUm required or improYOed d' d' landscapmg areas In excess . eSlgn an appearance' , T~e increas~d height will not reduce the vertic I. . adjacent reSidential property; a component oftRe view from any Signs:, No sign of any kind is designed or located so .' , than SIX feet above the finished grade of the fr I t~at any portion of the sign is more development unless such signage is a p rt f ont. ot lIne of the parcel proposed f-or a 0 an approved comprehensive sign program; a. b. Page 2 - 150 I I I I I I I I I I I I I I I I I I I 5. Sctlmcks: a. The reduction in froAt setback contributes to a more active and dynamic street ~ b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not preveAt access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 6. The use of the parcel proposed for development will not involve direct access to a major arterial street; 7. Parking: f..dequate parking "viII be available within the immediate vicinity to seNe all uses in a mixed used development comprised of two or more uses based on the shared parking formula in Di'/ision 11 of .\rticle 3 using the following minimum parking requirements: Residential one space per d'.velling unit, Office three spaces per 1,000 square feet of gross floor area, Retail Sales and SeNice four spaces per 1, 000 square feet of gross floor area and Restaurants ten spaces per 1,000 square feet of gross floor area:- DIVISION 12. INSTITUTIONAL DISTRICT ("1") Section 2-1201. Intent and purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Section 2-1201.1. Maximum development potential. The Institutional District ("1") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Page 2 - 151 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12,5 dwelling units per acre FAR ,65/ISR ,862 Transportation/Util ity n/a FAR ,70/ISR ,90 Section 2-1202. Minimum standard development. The following uses are Level One permitted uses in the Institutional "I" District subject to the minimum standards set out in this Section and other applicable provisions of Article 3, Table 2-1202, "I" District Minimum Development Standards Use Min, Min. Min. Max. Min, Lot Lot Setbacks Off-Street Area Width (ft.) Heig Parking (sq, ft.) (ft.) ht (ft,) Front Side Rear ,^..irport ala ala ala ala ala ala ala Assisted 20,000 100 25 10 20 50 1 per 1000, Living SF GF A Facilities Cemeteries 20,000 100 25 10 20 50 n/a Congregate 20,000 100 25 10 20 50 1 per 1000, Care SF GF A Educational 40,000 200 25 10 20 50 1 per 2 Facilities students Governmental 20,000 100 25 10 20 50 4 per 1,000 Uses SF GF A Hospitals 5 acres 250 25 25 25 50 2/bed Marinas 5,000 50 25 15 20 20 1 space per 2 slips Page 2 - 152 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Nursing 20,000 100 25 10 20 50 1 per 1000, Homes SF GF A Places of 20,000 100 25 10 20 50 1 per 2 seats Worship PttbHe Parks nJa nJa 25 10 20 50 1 per 20,000 and SF land area Recreation or as Facilities determined by the Community Development Coordinator based on ITE Manual standards Schools 40,000 200 25 10 20 50 1 per 3 students Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "I" District Flexible Standard Development Standards Use Min. Min. Min. Max. Min. Lot Lot Setbacks Heig Off-Street Area Width (ft.) ht Parking (sq. ft.) (ft.) (ft.) Front Side Rear Accessory n/a n/a n/a n/a n/a n/a afa l/unit Dwellings Airport nJa nJa nJa nJa nJa nJa nJa ,^.lcoholic ~ W ~ -W ~ W 5 per 1,000 SF GFi\ ~ C..1. Educational 40,000 200 15- -25 10 15- -20 50 .5--1 per 2 students Facilities Halfway Houses 10,000 100 15--25 10 15- -20 30 1 per 2 residents Hospitals 1--5 100- 15- -25 10--25 15- -25 50 1--2/bed acres 250 Page 2 - 153 Marina Facilities 5,000 50 15- -25 10--15 0--20 30 I per 2 slips Medical Clinic 20,000 100 15- -25 10 15- -20 30 5/1000 SF Outdoor 40,000 200 15- -25 10 15- -20 50 1--10/1,000 recreation! SF Land Area or as Entertainment determined by the Community Development Coordinator based on ITE Manual standards Parking Garages 20,000 100 15--25 10 15- -20 50 nla And Lots Places of 20,000 100 15- -25 10 15- -20 50 .5--1 per 2 seats Worship Public nla n!a nla nla n!a 10 nla Transportation Facilities Residential 10,000 100 15- -25 10 15- -20 30 I per 2 residents Shelters Retail Sales and I 0,000 100 15- -25 10 15- -20 50 5 per 1,000 SF GFA Service Utility/ nla nla 15- -25 10 15- -20 nla nla Infrastructure Facilities ill (1) Utility/infrastructure uses shall not exceed 3 acres. Anv such use, alone or when added to contiguous like uses which exceed 3 acres shall reauire a land use plan map amendment to TransoortationlUtilitv which shall include such uses and all contiguous like uses. Flexibility criteria: A. Accessory dwellings. One accessory dwelling, which is subordinate and accessory to a principal permitted use provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. B. Akoho/-ic hc~'eragc sales Airport. 1. The alcoholic beverage sales use is a part of an otherwise permitted use and occupies no more than 25 percent of the gross floor area of the building in which the principal permitted use is located The size and dimensional requirements of the parcel proposed for development shall be based on an aviation study. ; Page 2 - 154 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. Outdoor signage related to the alcoholic beverage sales use is limited to 12 square feet of total sign face or 25 perceat of the faee of a sign for the principal use. C. Educational facilities r:md places if worship 1. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Rear setback: The rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and landscaping is in excess of the minimum required.. D. Halfway houses. 1. The halfway house is not located within 1,000 feet of another halfway house. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. E. Hospitals. 1. Lot area and width: Reduction results in improved site design and does not result in a building incompatible with surrounding area; 2. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 3 The use of the parcel proposed for development will not involve direct access to a major arterial street; 4. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non- parking demand-generating purposes. 5. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. Page 2 - 155 2. 3. 6. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. I I I I I I I I I I I I I I I I I I I 7. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. F. Marinas and marina facilities. 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f The southern edge of Alligator Lake. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset; Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. Side and rear setback: The reduction in side and/or rear setback does not prevent access to t rear of any building by emergency vehicles; The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance. Page 2 - 156 I I I I I I I I I I I I I I I I I I I 4. The use of the parcel proposed for development will not involve direct access to an arterial street. G. Medical clinic. 1. The use of the parcel proposed for development will not iflvolve direct, exclusive access to an arterial street The use of the parcel proposed for development is compatible with the surrounding area. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and/or rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. 4. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. H. Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 5. Off-street parking: The operational character of the outdoor recreation / entertainment use and the location of the parcel proposed for development is such that the likely use of the property will require fewer parking spaces per land area than otherwise required or that significant portions of the land will be used for passive or other non-parking demand -generating purposes. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 1. Parking garages and lots. Page 2 - 157 2. 3. K. 1. I I I I I I I I I I I I I I I I I I I The parcel proposed for development is not contiguous to land designated as residential on the Zoning Atlas; 2. Access to and from the parking garage or lot is by 'Nay of a side street shall be based on the findings of a transportation analysis approved by the City; 3. The parking garage or lot is dcsigaed and located so that there arc at least four stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping in excess of the required minimum. 7. Rearsetback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping in excess of the minimum required. 1. Places of worship and educational facilities. 1. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping is in excess of the minimum required. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; Page 2 - 158 I I I I I I I I I I I I I I I I I I I 2. 3. 4. 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas. L. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use, office or retail sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land use for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping exceeds the minimum required. 7. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping exceeds the minimum required. M. Retail sales and services. 1. The goods and services which are available are limited to goods and services directly related to the physical health and well-being of persons or animals; The retail sales and service use is located in a building which is used for a principal use which is otherwise permitted and the retail sales and service use occupies no more than ten percent of the gross floor area of the building; Outdoor signage related to the retail sales and service use is limited to 12 square feet of total sign face or 25 percent of the face of a sign for the principal use; Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping exceeds the minimum required: and Page 2 - 159 5. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping exceeds the minimum required. N. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. 3 Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 4. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping exceeds the minimum required. Section 2-1204. Flexible development. The following are Level Two permitted uses in the Institutional District, subject to the standards and criteria set out in this section and other applicable provisions of Article 3. I I I I I I I I I I I I I I I I I I I Table 2-1204. "I" District Flexible Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. ft.) (ft.) Front Side Rear . Comprehensi ve n/a n/a n/a n/a n/a n/a rtJa Infi II Determined by Redevelopment the Project ill Community Development Director based on the specific use and/or ITE Manual standards Social and 20.000 100 15- -25 10 15- -20 30 4- -5 per 1000 community centers GFA Page 2 - 160 I I I I I I I I I I I I I I I I I I I SociaVpublic 10,000 - 100 15- -25 10 15- -20 30 2 - -3 per . . 20,000 LOOO GF A servIce ~encIes Telecommunication NIa nla-l00 nla-25 nla-1O nla-20 Bfa n/a Towers 10,000 Refer to Section 3-2001 ( I) Any use approved for a Comprehensive Infill Redevelopment Project shall be oermitted by the underlying Future Land Use Plan Map designation. Flexibility criteria: A. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; 6. The development of the parcel proposed for development as an comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development; Page 2 - 161 Page 2 - 162 I I I I I I I I I I I I I I I I I I I 10. The design of all buildings complies with the DovmtowR Distriot design guidelines in Division 5 of ,:\rticle 3. B. Social and Community Centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front Setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: .. The reduction in side and! or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. C. Social/ Public Service Agencies. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. The social/public service agency shall not be located within 1.500 feet of another sociaVpublic service agency. 3. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 4. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. B-lL Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 20. I I I I I I I I I I I I I I I I I I I DIVISION 13. INDUSTRIAL, RESEARCH AND TECHNOLOGY DISTRICT ("IRT") Section 2-1301. Intent and purpose. The intent and purpose of the Industrial, Research and Technology "IRT" District is to establish areas for economic development and to provide the citizens of the City of Clearwater with high quality jobs without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IR T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Industrial Limited N/A FAR .65/ISR .85 Industrial General N/A FAR .75/ISR .95 Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology IIRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. IIRT" District Minimum Standard Development Uses Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. (ft.) ft.) Front I Side/ Rear Page 2 - 163 Uses Min. Lot Width ft. Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking I I I I I I I I I I I I I I I I I I I Accessory 5,000 50 20 15 50 l/unit Dwellings Governmental 20,000 200 20 15 50 3/1,000 SF GFA Uses ill Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Parks and n!a n!a 25 10/20 50 1 per 20.000 SF recreation land area or as facilities determined by the Community Development Coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technology Self Storage 20.000 200 20 12 50 2/1000 SF GFA TV /Radio 20,000 200 20 15 50 4/1 000 SF GF A Studios Vehicle 20,000 200 20 15 50 1.5/1,000 SF GF A Service Wholesale! 20,000 200 20 15 50 1.5/1,000 SF GFA Distribution! Warehouse facility ( I) Government uses shall not exceed 5 acres. Any such use. alone or when added to contiguous like uses which exceed 5 acres shall reauire a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IR T" District Flexible Standard Development Page 2 - 164 I I I I I I I I I I I I I I I I I I I Front ~ Side/ Rear Automobile 20,000 100 20 15 30 4/1 000 SF Service GFA Stations Major Vehicle 20,000 100 20 15 30 4/1000 SF Service GFA Manufacturing 10.000 100 20 12 50 1.5/1.000 SF GFA Offices 20.000 200 20 12 50 3/1.000 SF GFA Outdoor 40,000 200 20 15 30 1--10/1,000 Recreation SF Land Area !Entertainment or as determined by the Community Development Coordinator based on ITE Manual standards Outdoor accessory n/a 20 15 30 Accessory Storage Parking lots 10.000 100 20 12 n/a n/a Public 10.000 100 20 12 50 1-2 per 1.000 Facilities GFA Public n/a n/a n/a n/a 10 n/a Transportation Facilities...ill Research and 10.000 100 20 12 50 2/1.000 SF Technology GFA Residential 5,000 50 20 15 30 3/1,000 SF Shelters ill GFA Retail Sales 10, 000 -l-OO- n/a W n/a H ~n/a 5/1,000 SF and Services n/a n/a GFA- n/a Restaurants 10,000 -l-OO n/a W-- n/a H ~ n/a 10 15/ n/a n/a 1,000 SF GfA n/a Page 2 - 165 Self Storage 10.000 100 20 U 50 2/1000 SF TV/Radio 10.000 100 20 U 50 4/1000 SF Studios GFA Utility/ n!a n!a 20 15 n!a n!a Infrastructure Facilities ill Vehicle 40,000 200 20 15 30 1.5/1,000 Sales/Displays SF Lot Area and Major Vehicle Sales/Displays ~ Vehicle 10.000 100 20 U 50 1.5/1.000 SF Servi ce GFA Veterinary 10,000 100 20 15 30 5/1,000 SF Offices-itftEl-or GFA Animal Grooming Wholesale! 10.000 100 20 U 50 1.5/1.000 SF Distribution! GFA Warehouse facility The front setback may be reduced to fifteen (15) feet for parking lots provided the land area is not sufficient to accommodate the full setback reauirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum reauired. ( 1) Public transoortation facilities shall not exceed 5 acres. Any such use. alone or when added to contiguous like uses which exceed 5 acres shall reauire a land use plan map amendment to TransoortationlUtility which shall include such uses and all contiguous like uses. (2) Residential shelters shall not exceed 5 acres. Any such use. alone or when added to contiguous like uses which exceed 5 acres shall reauire a land use plan map amendment to TransportationlUtility which shall include such uses and all contiguous like uses. (3) Utility/infrastructure uses shall not exceed 10 acres. Any such use. alone or when added to contiguous like uses which exceed 10 acres shall reQuire a land use plan map amendment to TransportationlUtility which shall include such uses and all contiguous like uses. (4) Vehicle sales in the Industrial Limited land use category shall not exceed 5 acres. In the Industrial General category such use shall not exceed 25% or the floor area and shall be accessory. Any such use. alone or when added to contiguous like uses which exceed 5 acres or 25% of the floor area shall reQuire a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. * Flexibility criteria: A. Automobile service stations. Page 2 - 166 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use does not involve the overnight, outdoor storage of automobiles; 3. No more than two service bays front on a public street. B. Major vehicle service. I. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use does not involve the overnight, outdoor storage of automobiles; 3. No more than two service bays front on a public street. C. Manufacturing. I. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas: 2. All activities associated with the use of the parcel proposed for development shall be conducted within completely enclosed buildings: 3. All outdoor storage of goods. materials and products shall be in compliance with the provisions of Section 2-1303(F) below. D. Offices. I. The proposed use of the parcel shall be related to the uses permitted in the district and shall include. but not be limited to. office uses related to scientific or industrial research. product development and testing. engineering development and marketing development. corporate offices provided. however. that they do not provide services or uses to the general public on the premises. and such other office uses. including support services. as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. G E. Outdoor recreation/entertainment. I. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; Page 2 - 167 Page 2 - 168 I I I I I I I I I I I I I I I I I I I 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater, at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. Off-street parking: The operational character of the outdoor recreation/entertainment use and the location of the parcel proposed for development is such that the likely use of the property will require fewer parking spaces per land area than otherwise required or that significant portions of the land will be used for passive or other non-parking demand- generating purposes. I) E. Outdoor storage. 1. The use is accessory to a principal permitted use and complies with all the setbacks applicable to the principal use; 2. The use is screened from view from the public right-of-way and adjacent residentially zoned property. G. Parking lots. 1. The parking lot shall be screened from the public right-of-way and any adiacent residentially zoned property by a wall or fence at least four (4) feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. H. Public facilities. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas: B I. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; I I I I I I I I I I I I I I I I I I I 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas. J. Research and technology. 1. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 2. All outdoor storage of goods. materials and products shall be in compliance with the provisions of Section 2-1303(F) below F K. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas. G L. Retail sales and services. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. The retail sales and service use is located in a building used for a minimum standard use in the district and the retail sales and service use occupies no more than ten percent of the floor area of the building; 4. The retail sales and service use is of a design and character that will primarily serve the employees or patrons of minimum standard uses in the district. II M. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; Page 2 - 169 6. 7. N 2. 3. The restaurant is located in a building used for a minimum standard use in the district and the restaurant occupies no more than ten percent of the floor area of the building; I I I I I I I I I I I I I I I I I I I 4. The restaurant is of a design and character that it will primarily serve the employees or patrons of minimum standard uses in the district; 5. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. Self StoraJ[e. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas: Access doors to individual storage units are located within a building or are screened from view from adiacent property or public rights of way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five (5) feet. 0. TV/Radio studio. 1. All buildings are designed and located so that no building is closer than one hundred (100) feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes. 2. All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes. 3. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial roads. I ~. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; Page 2 - 170 I I I I I I I I I I I I I I I I I I I 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. J Q. Vehicle sales and service. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. R Vehicle Service. 1. The parcel proposed for development is not contiguous to a parcel ofland which is designated as residential in the Zoning Atlas. 2. The use does not involve the overnight. outdoor storage of automobiles: 3. No more than two (2) service bays front on a public street. K .s. Veterinary offices and animal grooming. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; T. Wholesale/distribution/warehouse facility. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas: 2. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 3. All outdoor storage of goods. materials and products shall be in compliance with the provisions of Section 2-1303 (F) below Section 2-1304. Flexible development. The following uses are Level Two permitted uses in the Industrial, Research and Technology "IR T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Page 2 - 171 Table 2-1304. "IRT' District Flexible Development Uses Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. ft.) (ft.) Front ~ Side/Rear Adult Uses ill 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive n/a n/a n/a n/a n/a Hfa Determined Infill by the Redevelopment Community Project ill Development Director based on the specific use and/or lTE Manual stanards Nightclubs ill 10,000 100 20 15 30 15/1,000 SF GFA Offices 10.000 100 20 12 30 3/1.000 SF GFA Overnight 40,000 200 20 15 50 llUNIT accommodations {1} Salvage Yards 40,000 200 20 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 30 2/1000 SF Social/public 10.000 100 20 12 30 3/1.000 SF service a2:encies(S) GFA Telecommunication Hfa flk-. 50 flk-.25 flk-.l0/20 Hfa n/a Towers 10.000 Refer to Section 3-2001 The front setback may be reduced to fIfteen (15) feet for parking lots provided the land area is not sufficient to accommodate the full setback reauirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum reauired. (1) Adult uses shall not exceed 5 acres in area in the Industrial Limited land use plan map category or exceed 25% of a proiect in the Industrial General land use plan map category. (2) Any use proposed for a Comprehensive Inflll Redevelopment Proiect shall be permitted by the underlying Future Land Use Plan Map designation. * Page 2 - 172 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (3) Nightclubs shall not exceed 5 acres in area in the Industrial Limited land use plan map category or exceed 25% of a proiect in the Industrial General land use plan map category. (4) Overnight accommodations shall not exceed 5 acres in the Industrial Limited land use plan map category or exceed 25% of a proiect area in the Industrial General land use plan map category. (5) Social/public service agencies shall not exceed 5 acres. Flexibility criteria: A. Adult uses. 1. The use complies with each and every requirement of Division 3 of Article 3. B. Nightclubs. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; 4. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. C. Comprehensive InfiU Redevelopment Project. 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; Page 2 - 173 Page 2 - 174 I I I I I I I I I I I I I I I I I I I 6. The development of the parcel proposed for development as an comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development; 10. The design of all buildings complies with. th.e Dovmtown District design guidelines in Di'/ision 5 of Article 3. D. Offices. 1. The proposed use of the parcel shall be related to the uses permitted in the district and shall include. but not be limited to. office uses related to scientific or industrial research, product development and testing. engineering development and marketing development. corporate offices provided. however. that they do not provide services or uses to the general public on the premises. and such other office uses. including support services. as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 9 I;;. Overnight accommodations. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The parcel proposed for development abuts an arterial street; 3. The use of the parcel proposed for development will not involve direct access to an arterial street. B E. Salvage yards. 1. The parcel proposed for development does not abut a parcel of land used or designated for residential use; I I I I I I I I I I I I I I I I I I I 2. All materials stored on the parcel proposed for development are screened from view from any point outside of the boundaries of the parcel proposed for development. F G. Self storage. 1. The parcel proposed for development does not abut land which is designated or used for residential purposes. 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. H. Social/Dublic service agencies. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The social/public service agency shall not be located within L 500 feet of another social/public service agency. G I. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. Ifthe telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. DIVISION 14. OPEN SPACE/RECREATION DISTRICT ("OSR") Section 2-1401. Intent and purpose. The intent and purpose of the Open Space/Recreation District is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality oflife and economic vitality of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality ofthe City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Page 2 - 175 Section 2-1401.1. Maximum development potential. The Open SpacelRecreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Maximum Maximum Future Land Dwelling Units Floor Area Use Designation per Acre of Land Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR .25/ISR .60 Section 2-1402. Minimum standard development. The following uses are Level One permitted uses in the OSR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1402. "OSR" District Minimum Development Standards Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area (ft.) (ft.) Parking (sq. Widt ft.) h (ft.) Front Side Rear Open Space n/a n/a n/a n/a n/a n/a 1 per 40,000 SF land area Parks and n/a n/a ~25 20 25 30 1 per 20,000 SF Recreation land area or as Facilities determined by the Community Development Coordinator based on ITE Manual standards Page 2 - 176 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width (ft.) (ft.) Parking (sq. (ft.) ft.) Front Side Rear Governmental n/a n/a flfa n/a n/a n/a n/a Use Outdoor 2.5 200 ~25 20 25 30 .025-5 per Recreation acres 10,000 SF /Entertainment land area or as determined by the Community Development Coordinator based on ITE Manual standards Overnight n/a n/a ~25 20 25 30 See Accommodations Standards Parking Garages 20,000 100 25 10 20 50 n/a and Lots Public n/a n/a n/a n/a n/a 10 n/a Transportation Facilities Restaurants 40,000 200 ~25 20 25 30 10 per 1,000 SF GF A Retail Sales and 40,000 200 ~25 20 25 30 4 per 1,000 Service SF GF A Utility n/a n/a 25 10 20 n/a n/a /Infrastructure Facilities Page 2 - 177 Page 2 - 178 I I I I I I I I I I I I I I I I I I I Flexibility criteria: A. Governmental use: 1. The use is accessory to the principal use of the property. A .6.. Outdoor recreation/entertainment: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. B C. Overnight accommodations. 1. The use is accessory to private clubs; 2. No more than one unit per golf course hole or one unit per two marina slips, one per tennis court or four per swimming pool, but in no case more than 18 units on a single parcel proposed for development; 3. The use is limited to use by members of the club or their guests; G D. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential an the Zoning Atlas; 2. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of250 feet in either direction along the street or the nearest intersections, whichever is less; I I I I I I I I I I I I I I I I I I I 3. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses. DE. Public transportationfacilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas-:-; and 4. The public transportation facility shall be accessory to the principal use of the property. .g .E. Restaurants. 1. The restaurant use is operated in conjunction with a permitted active recreation use and the gross floor area of the restaurant use does not occupy more than 25 percent of the gross floor area of the building in which the principal permitted use is located; 2. Outdoor signage related to the restaurant is limited to 12 square feet of total sign face or 25 percent of the face of a sign for the principal recreation use. F G. Retail sales and services. 1. The goods and services which are available are limited to goods and services directly related to recreational activities; 2. The gross floor area of the retail sales and service use does not exceed 2,500 square feet; 3. Outdoor signage related to the retail sales and service use is limited to six square feet of total sign face or 25 percent of the face of a sign for the principal recreation use of the property on which the use is located. G H. Utility/infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line, shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above Page 2 - 179 Page 2 - 180 I I I I I I I I I I I I I I, I I I I I ground structure, landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. 3. The utility/infrastructure facility shall be accessory to the principal use of the property. Section 2-1404. Flexible develooment. The following uses are Level Two permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1404. "OSR" District Flexible Development Standards Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off-Street Area Width aD aD Parking lliL aD ftj Front Side Rear Comprehensive nla nla nla nla nla nla Determined by the Inf! II Community Redevelopment Development Proi ect (l) Coordinator based on the specific use and/or ITE Manual standards ( 1) Anv use approved for a Comprehensive InfiIl Redevelopment Proiect shall be pennitted bv the underlving Future Land Use Plan Map designation. Flexibility criteria: A. Comprehensive Infill Redevelopment Proiect. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use. intensity and development standards: 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties: 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater: 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses: I I I I I I I I I I I I I I I I I I I 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment proiect are not otherwise available in the City of Clearwater: 6. The development of the parcel proposed for development as an comprehensive infill redevelopment proiect will upgrade the immediate vicinity of the parcel proposed for development: 7. The design of the proposed comprehensive infill redevelopment proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole: 8. Flexibility in regard to lot width. required setbacks. height and off-street parking are iustified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole: and 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. DIVISION 15. PRESERVATION DISTRICT ("P") Section 2-1501. Intent and purpose. It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine and riverine areas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations. Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Page 2 - 181 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area RatiolImpervious Surface Ratio Preservation N/A FAR .1 OIISR .20 Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1503. "P" District Flexible Standard Development Standards Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear Marinas and 10,000 100 25 10 15 30 l/slip Marina Facilities Outdoor 10,000 100 25 10 15 30 5/10,000 Recreation! sq. ft. Entertainment Land Flexibility criteria: A. Marinas and marina facilities. 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as.areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; Page 2 - 182 I I I I I I I. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I e. Sand Key Park; f The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land. which is com:iguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sumise and sunset; 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient perking or improved design and appearance. 4. The use of the parcel proposed for development will not involve direct access to an arterial street. B. Outdoor recreation/entertainment: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than 10 miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. Page 2 - 183 I I I I I I I I I I I I I I I I I I I ARTICLE 3. DEVELOPMENT STANDARDS Division 1. Access Management Standards Sec.3-101. Purpose. Sec. 3-102. Access management classification system and standards. Sec. 3-103. Joint and cross access. Sec. 3-104. Requirements for outparcels and phased development plans. Sec. 3-105. Flag lot standards. Sec. 3-106. Emergency access. Division 2. Accessory Use/Structures Sec. 3-201. General. Division 3. Adult Use Standards Sec. 3-301. Applicability and authority. Sec. 3-302. Location of adult uses. Sec. 3-303. Operational requirements for adult uses. Sec. 3-304. Prohibitions. Division 4. Airport Hazard Standards Sec. 3-401. Height limitations. Sec. 3-402. Uses interfering with aircraft. Division 5. Design Standards Sec. 3-501. Tourist district [Reserved]. Sec. 3-502. Downtown [Reserved]. Sec. 3-503. Gulf-to-Bay [Reserved). Sec. 3-504. North Greenwood [Reserved). Division 6. Dock/Marina Standards Sec. 3-601. Docks. Sec. 3-602. Minimum elevation of seawalls on Clearwater Harbor. Sec. 3-603. Marinas and marina facilities. Sec. 3-604. Periodic inspections. Sec. 3-605. Minimum construction standards for marinas and docks. Page 3 - 1 Division 7. Erosion and Siltation Control Sec. 3-701. Purpose. Sec. 3-702. Minimum criteria and design guidelines. Division 8. Fences and Walls Sec. 3-801. Purpose and applicability. Sec. 3-802. Design and m Materials. Sec. 3-803. Easements and rights of '.vay Design requirements. Sec. 3-804. Orientation Setback and height requirements. Sec. 3-805. Heiglrtllocation Chainlink fences. Sec. 3-806. Setbacks Easement and rights-of-way. Sec. 3-807. Special requirements regulations. Sec. 3-808. Maintenance offences and walls. Division 9. General Applicability Standards Sec. 3-901. General/technical codes. Sec. 3-902. Comprehensive plan densities/intensities. Sec. 3-903. Required setbacks. Sec. 3-904. Sight visibility triangle. Sec. 3-905. Coastal construction control line. Sec. 3-906. Scenic setbacks. Sec. 3-907. Building setback. Sec. 3-908. Permitted encroachments into setbacks and over street rights-of-way. Sec. 3-909. Newsrack design. Sec. 3-910. Color. Sec. 3-911. Underground utilities. Sec. 3-912. Outdoor display/storage. Sec. 3-913. General standards for level one and level two approval conditions. Sec. 3-914. Stormwater detention facilities. Sec. 3-915. Uses involving vehicles. Sec. 3-916. Vending machines Sec. 3-917. Maintenance in accordance with approved plans. Division 10. Historic Preservation Sec. 3-1001. Purpose and applicability. Sec. 3-1002. Alterations, demolitions, waiting periods. Sec. 3-1003. Certificates of appropriateness. Division 11. Home Occupations Sec. 3-1101. Purpose. Page 3 - 2 I I I I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I Sec. 3-1102. Standards. Division 12. Landscaping/Tree Protection Sec. 3 -1201. Purpose. Sec. 3-1202. General landscaping standards. Sec. 3-1203. Scenic corridors. Sec. 3-1204. Installation and maintenance. Sec. 3-1205. Tree protection. Division 13. Outdoor Lighting Sec. 3-1301. Purpose. Sec. 3-1302. Site lighting. Sec. 3-1303. Outdoor recreational facility lighting. Division 14. Parking and Loading Sec. 3-1401. Parking. Sec. 3-1402. Design standards for parking lots. Sec. 3-1403. Parking lot surfaces. Sec. 3-1404. Off-street parking spaces. Sec. 3-1405. Shared parking. Sec. 3-1406. Off-street loading and vehicle stacking spaces. Sec. 3-1407. Parking restrictions in residential areas. See .3-1408. Handicapped parking spaees Parking restrictions in commercial areas. Sec. 3-1409. Conf-ormance to uniform system of parking lot design and traffic control deyioes Handicapped parking spaces. Sec. 3-1410. Conformance to uniform system of parking lot design and traffic control devices. Division 15. Property Maintenance Standards Sec. 3-1501. Purpose. Sec. 3-1502. Property maintenance requirements. Sec. 3-1503. Nuisances. Sec. 3-1504. Graffiti prohibited; removal required. Sec. 3-1505. Prohibited accumulations. Sec. 3-1506. Exceptions. Sec. 3-1507. Inoperative vehicles on public property. Sec. 3-1508. Noise. Division 16. Recreational Vehicle Parks Sec. 3-1601. Purpose. Sec. 3-1602. Location and occupancy. Sec. 3-1603. Standards. Page 3 ~ 3 Page 3 - 4 I I I I I I I I I I I I I I I I I I I Division 17. Sidewalks Sec. 3-1701. Sidewalks required: new construction and major alterations or additions. Division 18. Signs Sec. 3 -180 1. General principles. Sec. 3-1802. Purpose. Sec. 3-1803. Prohibited signs. Sec. 3-1804. General standards. Sec. 3-1805. Signs permitted without development review. Sec. 3-1806. Permitted signs requiring development review. Sec. 3-1807. Comprehensive sign program. Division 19. Subdivision Design Standards Sec. 3 -190 1. General principles. Sec. 3-1902. Blocks. Sec. 3-1903. Lots. Sec. 3-1904. Streets--Generally. Sec. 3-1905. Intersection and alignment. Sec. 3-1906. Dead-ends and culs-de-sac. Sec. 3-1907. Sidewalks/bicycle paths. Sec. 3-1908. Utilities--Generally. Sec. 3-1909. Easements. Sec. 3-1910. Same--Water supply facilities. Sec. 3-1911. Same--Sanitary sewer facilities. Sec. 3-1912. Stormwater drainage and retention. Sec. 3-1913. Site work. Sec. 3-1914. Preservation of natural features and amenities - generally. Sec. 3-1915. Public land reservation. Sec. 3-1916. Nonresidential plat. Division 20. Telecommunication Towers Sec. 3-2001. Telecommunication towers and antennas. Division 21. Temporary Uses Sec. 3-2101. Purpose. Sec. 3-2102. Permitted temporary uses. Sec. 3-2103. Standards. Division 22. Transit Shelters I I I I I I I 'I I I I I I I I I I I I Sec. 3-2201. Purpose. Sec. 3-2202. Applicability. Sec. 3-2203. Standards. DIVISION 1. ACCESS MANAGEMENT STANDARDS Section. 3-101. Purpose. The purpose of this division is to set forth standards for managing access to development, while preserving the safety, capacity and speed of traffic. These standards are intended to balance the right of reasonable access to private property, with the right of the citizens of the City of Clearwater to safe and efficient travel. Section 3-102. Access management classification system and standards. A. Access classifications. The separation between access points, median openings, and traffic signals shall be in accordance with the access management classification system of the Florida Department of Transportation (FDOT) rules, Chapter 14-96 and Chapter 14-97 and the requirements of this Section. B. State maintained roads. The following access classifications have been assigned to state- maintained roads in the city: Road Segment Access Class U.S. 19 Belleair Road to S.R. 580 3 S.R. 580 Sabel Springs Cir to Bayhills 5 Blvd S.R. 590 Drew to U.S. 19 7 S.R. 590 U.S. 19 to McMullen Booth 5 Road Drew Street AIt. 19 to N.E. Coachman 7 Missouri Avenue Jasper Street to Cleveland 7 Street AIt 19 Belleair Road to Sunset Point 7 Road AIt 19 Sunset Point Road to Union 7 Street S.R. 60 Beach to U.S. 19 7 Page 3 - 5 I I S.R. 60 I U.S. 19 t~ Hillsborough 15 I I County Lme C. Roads under the county's jurisdiction. I 1. The county driveway and median opening classes are as follows: I Driveways: Class 1 - Controlled Access Facility I Class 2 - Driveway Spacing must be greater than 680' I Class 3 - Driveway Spacing must be greater than 460' Class 4 - Driveway Spacing must be greater than 240' I Class 5 - Driveway Spacing must be greater than 120' I Class 6 - Driveway Spacing must be greater than 0' Median Openings: I Class 4 spacing of medians must be greater than 330' I Class 3 spacing of medians must be greater than 660' Class 2 spacing of medians must be greater than 990' I Class 1 spacing of medians must be greater than 1,320' I 2. The following roads under the county's jurisdiction have been assigned the I following access and median opening spacing classifications: Road Segment Access Class Median Opening I Class Belcher Road Sunset Point Road to 4 3 I S.R. 580 Belcher Road Sunset Point Road to 5 3 Gulf-to-Bay I Belleair Road Alt 19 to Highland 6 -- Avenue I Page 3 - 6 I I I I I I I I I I I I I I I I I I I I I Betty Lane Palmetto A venue to 6 -- Oakbrook Avenue Drew Street N.E. Coachman to 5 4 U.S. 19 Gulf Blvd Clearwater Pass 5 -- Bridge to City Limit Hercules Avenue Drew Street to 5 -- Virginia Street Highland Avenue Gulf-to-Bay to 6 -- Belleair Road Keene Road Sunset Point Road to 4 -- Virginia Street Keene Road Gulf-to-Bay to 5 -- Belleair Road Lake Road Lakeview Road to 6 -- Gulf-to-Bay Lakeview Road Missouri A venue to 6 -- Hercules Avenue McMullen Booth Rd S.R. 580 to Gulf-to- 3 2 Bay McMullen Booth Rd S.R. 580 to Curlew 2 2 Road Nursery Road Highland A venue to 5 -- U.S. 19 Palmetto Road Highland A venue to 6 -- Keene Road Palmetto Road Hercules A venue to 5 -- Belcher Road Sunset Point Road AIt 19 to Keene Road 6 -- Sunset Point Road Keene Road to 4 4 McMullen Booth Road Union Street AIt 19 to Hercules 6 -- Avenue Virginia Street Keene Road to 6 -- Hercules Avenue 3. Collectors and arterials under the jurisdiction of the City of Clearwater that have not been assigned an access classification are required to meet connection spacing standards based upon the posted speed limit, as shown below: Page 3 - 7 Posted Speed Limit (MPH) Driveway Spacing (Feet) 35 125 36-45 245 45 440 D. Standards. 1. All connections on city and state maintained roads that have been assigned an access classification shall meet or exceed the spacing requirements of that access classification. The following requirements are to be construed as minimum guidelines; other engineering and safety factors must be considered. Functional Access Medians * * Connection Median Opening Signal Class Class Spacing (feet) Spacing Spacing >45 <45 mph Directional Full mph Arterials 2 1320 660 1320 2640 2640 Restrict lve wi Service Roads 3 Restrictive 660 440 1320 2640 2640 4 Non- 660 440 2640 Restrictive .. Collectors 5 Restrictive 440 245 660 2640/1 2640/132 320 0 6 Non- 440 245 1320 Restrictive Arterials, 7 Both 125 330 660 1320 Collectors, Median Residential Types Collectors *For roads with posted speed limits> 45 mph. ** A "Restrictive" median physically prevents vehicle crossing. A "Non-Restrictive" median allows turns across any point. Page 3 - 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. Comer clearance for connections shall meet or exceed the minimum connection spacing requirements for that roadway. 3. New connections shall not be permitted within the functional area of an intersection or interchange unless: a. No other reasonable access to the property is available, and b. The traffic engineer determines that the connection does not create a safety or operational problem upon review of a site specific study of the proposed connection prepared by a registered engineer and submitted by the applicant. c. Where no other alternatives exist, the traffic engineer may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e. right in/out, right in only, or right out only) may be required. E. Measurement of driveway spacing. Driveway spacing shall be measured from the closest edge of the pavement to the next closest edge of the pavement. The projected future edge of the pavement of the intersecting road shall be used in measuring comer clearance, where widening, relocation, or other improvement is indicated on the Future Traffic Circulation Map in the City's Comprehensive Plan. F. Exceptions. 1. If the connection spacing of this division cannot be achieved, then a system of joint use driveways and cross access easements may be required in accordance with section 3 -103. 2. Modifications to these standards shall be permitted where the effect would be to enhance the safety or operation of the roadway. Applicants may be required to submit a study prepared by a registered engineer to assist the city in determining whether the proposed change would exceed roadway safety or operational benefits of the prescribed standard. Section 3-103. Joint and cross access. A. Adjacent nonresidential properties classified as major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites. B. A system of joint use driveways and cross access easements shall be established wherever feasible along major arterials and the building site shall incorporate the following: Page 3 - 9 Page 3 - 10 I I I I I I I I I I I I I I I I I I I 1. A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards; 2. A design speed of 10 mph and of sufficient width to accommodate two-way aisles designed to accommodate automobiles, service vehicles, and loading vehicles; 3. Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access by means of a service drive; 4. A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever feasible. c. A system of joint use driveways and cross access easements shall be implemented by: 1. Recording an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive; 2. Recording an agreement with the deed that remaining access rights along the thoroughfare will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway; 3. Recording a joint maintenance agreement with the deed defining maintenance responsibilities of property owners. D. The community development coordinator may reduce the required separation distance of access points where they prove impractical, provided all of the following requirements are met: 1. Joint access driveways and cross access easements are provided wherever feasible; 2. The site plan incorporates a unified access and circulation system; 3. The property owner enters into a written agreement with the city, recorded with the deed, providing that pre-existing connections on the site will be dosed and eliminated after construction of each side of the joint use driveway. E. The community development coordinator may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical or where the applicant demonstrates that all reasonable steps were taken to secure joint and cross access easements and that such steps failed. I I I I I I I I I I I I I I I I I I I Section 3-104. Requirements for outparcels and phased development plans. A. Parcels of land under common ownership or consolidated for the purposes of development and comprised of more than one building site shall not be considered separate properties in relation to the access standards of this division. B. All access to an outparcel must be internalized using the shared circulation system of the principal development. Access to outparcels shall be designed to avoid excessive movement across parking aisles and queuing across surrounding parking and driving aisles. C. The number of outparcels shall not exceed one per ten acres of site area, with a minimum lineal frontage of 3 00 feet per outparcel or greater where access spacing standards for that roadway require. This frontage requirement may be waived where access is internalized using the shared circulation system of the principle development. In such cases the right of direct access to the roadway shall be dedicated to the city and recorded with the deed. Section 3-105. Flag lot standards. Flag lots may be permitted for residential infill projects under the following conditions: A. Flag lot driveways shall be separated by at least twice the minimum frontage requirement of the applicable zoning district; B. The flag driveway shall have a minimum width of[14] feet and a maximum width of [24] feet; C. The lot area occupied by the flag driveway shall not be counted as part of the required minimum lot area of the applicable zoning district; D. No more than one flag lot shall be permitted per private right-of-way or access easement. Section 3-106. Emergency access. In addition to minimum side, front, and rear setback and building spacing requirements specified in this Development Code, all buildings and other development activities such as landscaping, shall be arranged on-site so as to provide safe and convenient access for emergency vehicles. DIVISION 2. ACCESSORY USE/STRUCTURES Page 3 - 11 Section 3-201. General. A. Purpose and applicability. The purpose of this division is to establish standards for accessory uses of land, water, and buildings and accessory structures. B. Standards. In addition to all the standards in this Development Code, accessory uses and structures shall be established in accordance with the following standards: 1. The accessory use and structure is subordinate to and serves an established and conforming principal use. 2. The accessory use and structure is subordinate in area, extent, and purpose to the principal use. 3. The accessory use and structure contributes to the comfort, convenience or use of the principal use. 4. The accessory use and structure is located on the same property as the principal use. 5. The accessory use( s) and structures, unless otherwise allowed as a permitted use in the zoning district, shall not cumulatively exceed tWe ten percent of the gross floor area of the principal use. Such structures may be permitted up to twenty-five (25) percent of the gross floor area of the principal use through a Level One (flexible standard) approval process. Gross floor area of the principal building includes the floor area of any attached garage or carport. 6. The accessory use may be located in a separate building, provided that such building complies with all the development standards in Article 3. 7. The use complies with each and every development standard applicable to the principal use to which the accessory use is accessory. 8. No accessory structure shall exceed fifteen (15) feet in height in any residential zoning district and no more than the allowable height for the principal use in any nonresidential zoning district. Such structures may be permitted up to twenty (20) feet in height in the residential zoning districts if approved through a Level One (flexible standard development) approval process. 9. Canvas. or other similar materials. shall not be allowed as a permitted material for any accessory structure. Page 3 - 12 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ,I I I I I I I D. 10. Exemptions. a. A two car detached garage shall be exempt from the percentage requirements specified in Section 3-201(B)(5) above provided there is no other parking garage located on the site. b. Swimming pools and spas shall not be included when calculating the amount of permitted accessory uses/structures on a site. c. Outdoor cafes. Out door cafes or other outdoor food service facilities which are subordinate to a restaurant are permitted as accessory uses in the C, D, T and MU Districts, provided that: 1. Any outdoor service are~ in excess of25 percent of the floor area of the principal restaurant to which the outdoor area is accessory shall be considered as floor area in determining the number of required off-street parking spaces for the principal use. 2. Any outdoor service area located within a required setback is uRooycrcd and is located on paved or other hard surface, improved area with a definable edge. 3. If the proposed outdoor service area includes public land, the location of tables, chairs and other equipment shall not unreasonably interfere with the movement of pedestrians or vehicles and shall be approved as a Level One Approval in accordance with the requirements of Article 4 Division 3. 4. No amplified music provided to the patrons of any outdoor service area shall be identifiable in terms of the meaning of words or the melody of the music, at a distance of 100 feet in any direction from the outdoor service area when sustained wind velocity is less than 15 miles per hour; and 5. The hours of operation are coincident with the hours of operation of the principal restaurant use. Solid waste containers/mechanical equipment. 1 . All solid waste container~, recycling or trash handling areas and outside mechanical equipment shall be completely screened on four sides by a fence, gate, wall, mounds of earth, or vegetation from view of public streets and abutting properties. If such screening is provided by means of a fence, gate, or wall, materials which are consistent with those used in the construction of and the architectural style of the principal building shall be utilized. 2. Screening of mechanical equipment shall be accomplished in a manner that does not interfere with the proper operation and! or maintenance of such equipment. Page 3 - 13 3. Solid waste containers shall be of a size sufficient to serve the use to which they are accessory. 4. Ifit is necessary in order to accommodate a solid waste container in the redevelopment of an existing building, the required number of parking spaces may be reduced by a maximum of two spaces. 5. Solid waste containers and recycling or trash handling areas shall be located to facilitate easy and safe access for pickup and shall be provided in accordance with Chapter 32 of the City Code. DIVISION 3. ADULT USE STANDARDS Section 3-301. Applicability and authority. A. Purpose. The purpose and intent of the city commission in adopting these regulations governing adult uses 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 the 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 division 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 division be construed as having such effect. Rather, it is the intent of this division 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. B. Legislative findings. The city commission finds and declares that: 1. The findings set forth in the preamble to 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 permit 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 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 applicant is the actual owner Page 3 - 14 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 9. 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 finding 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 opportunity for prostitution, and this 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. 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 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. Page 3 - 15 Page 3 - 16 I I I I I I I I I I I I I I I I I I I 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 designated 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. 14. Requiring adult use establishments to locate only in the "IRT" District and on parcels ofland with frontage on u.s. 19 that are located in the Commercial"C" District and prohibiting adult use establishments from locating within 400 feet of any residentially zoned property, church, school, or public recreation area and within 750 feet of any other adult use establishment located within the City of Clearwater will create a reasonable balance between the constitutionally mandated need to provide a sufficient area for adult uses to locate and the need for protecting public health, safety, and welfare as well as the need to reduce the blighting and downgrading effects that adult uses have on surrounding residential and commercial properties - particularly those commercial properties located on State Road 60, which is the main route to Clearwater Beach. 15. Requiring adult uses establishments to locate in the Commercial"C" District only on parcels ofland with frontage on U.S. 19 and prohibiting their location on State Road 60, which is the main route to Clearwater Beach, will provide adult use establishments with commercially desirable locations while contributing to the City's plan to beautify and revitalize State Road 60 so that State Road 60 will provide a more attractive corridor to Clearwater Beach thereby promoting tourism, which is the main economic base. c. 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. D. 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 if [of] Massage, and by state law Chapter 480, Florida Statutes. E. Regulation of public nudity. It is not the intent of the city commission to authorize the issuance of occupational permits and adult use permits to "adult modeling or activity centers," "adult photographic studios," or "special cabarets." The display of" specifies anatomical areas" within such establishments is prohibited by section 21.13, Clearwater I I I I I I I I I I I I I I I I I I I Code of Ordinances, and, if such establishment is also an "alcoholic beverage establishment," by section 6.43, Clearwater Code of Ordinances. If the city's prohibition against displaying "specified anatomical areas" within such establishments is declared unconstitutional, then, an "adult modeling or activity center," an "adult photographic studio," and "special cabaret" shall comply with all of the requirements and prohibitions contained within this division. Section 3-302. Location of adult uses. A. Adult use establishments shall comply with the following minimum distance requirements: I. No adult use establishment shall be located within 400 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. 2. No adult use establishment shall be located within 750 feet of any other adult use establishment. 3. The distances specified herein shall be measures 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 a residentially zoned property, church, school, or public recreation area, or to the nearest point of any structure or portion thereof occupied by another adult use establishment located within the City of Clearwater. 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. B. An adult use establishment shall be located only in the "IRT" District or on parcels of land with frontage on U.S. 19 that are located in the Commercial"C" District. C. 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 division. Nothing in this division shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this division. Nothing in this division 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. Section 3-303. Operational requirements for adult uses. \ A. General requirements. Each adult use establishment shall observe the following general requirements: Page 3 - 17 1. Conform to all applicable building statutes, codes, ordinance and regulations, whether federal, state or local. 2. Conform to all applicable fire statutes, code, 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 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 purposes of this subsection, "employee" means as defined in Article 8. B. Adult theaters. In addition to the general requirements contained in section 3-304(A), an adult theater shall observe the following special requirements: 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 materials 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 obstructed view of each area of the premises to which any patron is Page 3 - 18 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 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 Article 4, Division 15 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 permittee 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 community redevelopment board following notice of the public hearing as provided in section 4-206, the community development board is satisfied that the permittee 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 requirement of subsection (2) of this section may be varied by the substitution of video surveillance. The community development 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 community development board, at a public hearing, with notice and opportunity for the permit 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 community development 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. Page 3 - 19 Page 3 - 20 I I I I I I I I I I I I I I I I I I I 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. c. 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 effective cleaning with industrial strength cleaning agents. Carpeting of any kind is prohibited. 2. Each adult theater shall cover furniture permitted by this division 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. D. 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 I I I I I I I I I I I I I I I I I I I 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 utilized an appropriate and effective adaptation of the U.S. Centers for Disease Control's universal precautions for the prevention of the transmission of the mv 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 community development coordinator. 4. If the adult theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture 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. E. Adult modeling or activity centers, adult photographic studios, adult theaters, and special cabarets. In addition to the general requirements contained in Section 3-304(A), an adult modeling or activity center, adult photographic studio, adult theater, and a special cabaret shall observe the following special requirements: I . 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 as 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 Page 3 - 21 Page 3 - 22 I I I I I I I I I I I I I I I I I I I 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. Section 3-304. Prohibitions. A. It shall be a violation of this Development Code for any operator of an adult use establishment to operate such establishment where the person knows or should know that: I. The adult use establishment has no adult use permit or has an adult use permit that is under suspension; or 2. The adult use establishment has an adult use permit that has been revoked or that has expired. B. It shall be a violation of this Development Code for any operator of an adult use establishment to operate without satisfying all or the requirements of this division. C. It shall be a violation of this Development Code 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. D. It shall be a violation of this Development Code for any operator of an adult use establishment where alcoholic beverages area 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. E. It shall be a violation of this division for any operator of an adult use establishment to operate and to knowingly or with reason to know, permit or allow any employee: 1. To engage in any specified sexual activity at the adult use establishment; 2. To display or expose any specified anatomical area at the adult use establishment, unless such employee is continuously positions in an area as described in Section 3-303(E); 3. 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; 4. To engage in a private performance unless such employee is in an area which complies with the special requirements of Section 3-303(E); I I I I I I I I I I I I I I I I I I I K. 5. To voluntarily be within three feet of any patron while engaged in the display or exposure of any specified anatomical area. F. It shall be a violation of this division for an operator of an adult use establishment to advertise the presentation of any activity prohibited by any applicable state statute or local ordinance. G. It shall be a violation of this division 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: I . Be admitted to the adult use establishment; 2. Remain at the adult use establishment; 3. Purchase good[ s] or services at the adult use establishment; or 4. Work at the adult use establishment as an employee. H. It shall be a violation of this division 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 permit issued by the City, or which has an adult use permit that is under suspension, has been revoked, or has expired. I. It shall be a violation of this division to operate an adult use establishment at which the records for employees required by section 3-303(A)(6) have not been compiled or are not available for inspection. 1. It shall be a violation ofthis division for any employee of an adult use establishment to knowingly engage in any of the activities described in section 3-304(E) of this section. It shall be a violation of this division for any patron to voluntarily be within three feet of any employee displaying or exposing any specified anatomical area that the adult use establishment. L. It shall be a violation of this division for two or more persons to occupy an adult booth. M. Notwithstanding any provision of this division which may otherwise be construed to the contrary, it shall be a violation of this division 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 employee's bona fide use of a dressing room which is accessible only to employees. N. It shall be a violation of this division for any operator of an adult use establishment to allow such adult use establishment to remain open for business, or to permit any employee Page 3 - 23 Page 3 - 24 I I I I I I I I I I I I I I I I I I I to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of2:00 a.m. and 8:00 a.m. of any day. O. It shall be a violation of this division 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 of2:00 a.mj and 8:00 a.m. of any day. P. It shall be a violation of this division for any employee of an adult use establishment to display or expose specified anatomical areas while situated 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. DIVISION 4. AIRPORT HAZARD STANDARDS Section 3-401. Height limitations. The following height limitations are established to prevent the creation of airport obstructions and aviation obstructions which constitute a hazard to air navigation and, subsequently, jeopardize the welfare of those people on the land in proximity to such obstructions: A. Any building, structure, object of natural growth or use of land, which is located on the property within an airport height zone and identified on the zoning atlas of the city shall not be permitted a height in excess of the following: 1. Within the primary zone. Except for landing and takeoff aids, no building, structure, object or use shall have a height projecting above a plane, i.e, a surface, which is at an elevation equal to the elevation of the nearest point on the runway centerline. 2. Within the horizontal zone. No building, structure, object, or use shall have a height projecting above a plane, i.e., a surface, which is at an elevation of 150 feet over the airport elevation. 3. Within the conical zone. No building, structure, object or use located on the inner boundary of the conical zone shall have a height projecting above a plane, i.e., a surface, which is at an elevation of 150 feet over the airport elevation; and no building, structure, object or use located outward from the inner boundary of the conical zone shall have a height projecting above a plane which rises one foot vertically for every 20 feet horizontally that such building, structure, object or use is located from such 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. I I I I I I I I I I I I I I I I I I I 4. Within the approach zone. No building, structure, object or use located on the inner, or nearest runway, boundary line of an approach zone shall have a height projecting above a plane, i.e., a surface, which is at an equal elevation as the nearest point on the runway centerline; and no building, structure, object or use located outward from the inner boundary line of the approach zone shall have a height projecting above a plane which rises one foot vertically for every 20 feet horizontally that such building, structure, object or use is 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. 5. Within the transitional zone. No building, structure, object or use located on the common boundary line of a transitional zone and either the primary one or an approach zone shall have a height in excess of that specified for the particular location within the respective zone which shares the line; and moving outward from such common boundary line away from the runway, no building, structure, object or use shall have a height projecting above a plane, i.e., a surface, which rises one foot vertically for every seven feet horizontally that such building, structure, object or use is located from the common boundary line, with the horizontal distance measured perpendicular to the runway centerline or extended runway centerline, and height increase being cumulative to that allowed at the point at which the perpendicular projection to the runway intersects with the common boundary line. B. Any building, structure, object or use ofland which is not within a designated airport height zone shall not be permitted at a height which creates for aircraft either a minimum obstruction clearance altitude, a minimum descent altitude, a minimum vectoring altitude or a decision height to be raised. Section 3-402. Uses interfering with aircraft. Notwithstanding any other provision contained in this development code, no use may be made of land or water in a manner that interferes with the operation of an airborne aircraft, specifically: A. No use oflights or illumination shall be so arranged or operated in a manner that is misleading or dangerous to aircraft. B. No use shall produce smoke, glare or other visual hazard to aircraft within three statute miles of the airport. Page 3 - 25 C. No use shall produce electronic interference with the navigational signals or radio communication between the airport and aircraft. D. All structures with a height of200 feet or more shall be equipped with warning lights in accordance with Federal Aviation Administration Advisory Circular 70/7460-1, as amended. DIVISION 5. DESIGN STANDARDS Section 3-501. Tourist district [Reserved]. Section 3-502. Downtown [Reserved]. A. The design guidelines for development in the Downtown District are hereby incorporated by reference. B. No metal fabricated buildings shall be permitted to be established in the Downtown District. Section 3-503. Gulf-to-Bay [Reserved]. Section 3-504. North Greenwood [Reserved]. DIVISION 6. DOCK/MARINA STANDARDS Section 3-601. Docks. A. Permit required All docks which are proposed to be constructed, added to, or structurally altered shall obtain a building permit and a permit from Pinellas County. B. Procedure. An application for a building permit for the construction, addition or structural alteration of a dock shall be referred to the City's Harbormaster to determine the impact of the dock on navigation. If the Harbormaster determines. that the construction, addition or structural alteration will not adversely affect navigation, the application shall be referred to the community development coordinator to be considered as a level one approval in accordance with the provisions of Article 4 Division 3. C. Repair. 1. Repair or replacement of any residential dock, catwalk, boat lift or portion of a dock, or catwalk or boat lift that involves 50 percent or more of the dock, catwalk or boat lift shall require that the dock, catwalk or boat lift conform to the length, width and position requirements of this division. Page 3 - 26 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I E. F. G. H. IH. J1. K1. bK. 2. If any dock, seawall, bulkhead, private bridge, or marina is permitted to fall into disrepair so as to become a dangerous structure creating an unreasonable risk of bodily injury to any person who may walk thereon, such structure shall be either removed or repaired so as to conform with the requirements of this division. D. Dock, boat lift and service catwalk setbacks. Docks must be located in the center one- third of the lot or 20 feet from any extended property line, whichever is less, unless the dock is proposed to be shared by adjoining properties whereupon the dock may be constructed on the property line provided that all the other standards of this division are met. Boat lifts and service catwalks (three feet maximum width) shall be a minimum often feet from any extended property line. Length. The length of docks, and boat lifts aRd tie poles shall not exceed 25 percent of the width of the waterway or half of the width of the property on which the dock is to be located, whichever is less. Width. The width of a dock shall not exceed 35 percent of the width of the property, measured at the waterfront or 50 feet, whichever is less. Tie pole setbacks. A minimum of one foot setback from any extended property line must be maintained. No tie pole shall be allowed to proiect into the navigable portion of a waterway more than 25% of such waterway. Boot lift and service catwalks (thr-ee feet mtlJCimum width) sethacks. Must be setbaek a minimum of teR feet from &flY cxtc8.sed prof)crty line. Boat houses Covered boat lifts. Prohibited. a. Covered boat lifts are permitted provided a permanent and solid roof deck is constructed with materials such as asphalt shingles. metaL tile. or wood. Canvas and canvas like materials are prohibited. b. Vertical side walls for boat lifts are prohibited. Single pile davits and personal watercraft lifts. Exempt from the setback criteria so long as such davits and lifts are contained entirely within the extended. property lines. Number of slips. No dock shall provide more than two slips for the mooring of pleasure craft, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code, which slips shall be for the exclusive use of the residents of the contiguous upland property. Personal watercraft lifts are not considered to be boat slips. Page 3 - 27 M 1. Existing docks and lifts. 1. New BQoat lifts installed in previously permitted wet slips are exempt from setback standards so long as such lifts are entirely contained within the extended property lines. 2. Repairs. a. Repairs to a dock, including mooring piles, require a permit. b. Repairs to a permitted boat lift shall not require a permit unless pilings are replaced. Repaired or reconstructed boat lifts shall not have enclosed sides. c. Repairs to or replacement of deck boards only do not require a permit. This exemption does not apply to any support structures such as stringers, caps or floaters. All deck boards must meet the minimum construction criteria of section 166-332(7), Pinellas County regulations. 3. The harbormaster may approve deviations to these standards contingent upon one or more of the following: a. Approval ofthe proposed deviation by the affected adjacent property owner( s) who must sign and notarize the proposed construction plan as having no objection. b. An independent evaluation by the harbonnaster's office that no navigational or riparian rights conflicts will occur due to the proposed construction. c. Property configuration circumstances that preclude placement of reasonable dock structures within the above requirements. Section 3-602. Minimum elevation of seawalls on Clearwater Harbor. The elevation of sea walls on the west shore of Clearwater Harbor or Clearwater Bay shall be not less than six feet above mean sea level. The elevation of sea walls on the east shore of Clearwater Harbor or Clearwater Bay and on the shore of the Gulf of Mexico shall be not less than six feet above mean sea level. Section 3-603. Marinas and marina facilities. A. All proposed activities including, but not limited to, fueling, pumping-out, chartering, living-aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be located. Page 3 - 28 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r I I I I I I B. For marina facilities located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. C. No fuel storage facility or sanitary pump-out station holding tank shall be located over water. D. The marina shall pose no hazard or obstruction to navigation, as determined by the city harbormaster. E. The marina shall not adversely affect the environment, including both onshore and offshore natural resources. F. Adequate sanitary facilities shall be provided landside and a sanitary pump-out station shall be provided and shall be available to marina users 24 hours a day. G. A manatee protection plan shall be provided and appropriate speed zone signs shall be posted to control boat speed for manatee protection. H. Adequate spill containment areas shall be provided on the property. I. Design of the marina shall maintain existing tidal flushing and aquatic circulation patterns. 1. In the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted~ otherwise, the more stringent regulations shall apply. Section 3-604. Periodic inspections. All marinas shall be inspected to determine their condition and compliance with the minimum standards of this development code, with such inspections to be conducted at three-year intervals by an engineer trained in the construction of such facilities. The owner of such marinas shall submit a report bearing the seal of such engineer to the building official demonstrating that such facilities comply with the minimum standards set forth in this development code. Section 3-605. Minimum construction standards for marinas and docks. Marinas and docks shall be constructed in such a manner that equals or betters the construction requirements for marinas docks and the dimensional requirements of the county. Page 3 - 29 DIVISION 7. EROSION AND SILTATION CONTROL Section 3-701. Purpose. The purpose of this division is to achieve effective erosion and sediment control within the city; minimize the impact of land alteration, development, and construction activities on stormwater and surface water systems; maintain the. hydrologic balance of watersheds and watercourses; protect the public health, safety and welfare; and conserve wildlife and aquatic habitats. Section 3-702. Minimum criteria and design guidelines. The following erosion control standards and procedures shall apply to all development: A. Plan review. All erosion control methods to be employed during construction shall be shown on the final construction plans submitted for approval to the building official. If any land clearing or grubbing is proposed. a permit shall be required pursuant to Article 4 Division 13. B. Stabilization of denuded areas. No disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod or other approved material to the extent necessary to cover otherwise denuded areas unless the city engineer Community Development Coordinator determines that the circumstances do not require such covering. Within 60 days after the final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. C. Protection and stabilization of soil stockpiles. Soil stockpiles shall be protected at all times by onsite drainage controls which prevent erosion of the stockpiled material. Control of dust from such stockpiles may be required, depending upon their location and the expected length of time the stockpiles will be present. D. Protection of existing storm sewer systems. During construction, all storm sewer inlets receiving drainage from the project shall be protected by sediment traps, such as but not necessarily limited to secured hay bales, sod or stone, which shall be maintained and modified as required by construction progress and which shall be approved by the city eflgineer Community Development Coordinator before installation. In no case shall sediment or debris be allowed to enter a public right- of-way or adjacent properties in such a manner as to create a traffic hazard, a public nuisance or a threat to existing drainage ways. E. Sediment trapping measures. Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative buffers and other measures intended to Page 3 - 30 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I trap sediment or prevent the transport of sediment onto adjacent properties or into storm sewer systems or existing water bodies shall be installed, constructed or, in the case of vegetative buffers, protected from disturbance, as the first step in the land alteration process. Such systems shall be fully operative and inspected by the city eRgifl:ccr Community Development Coordinator before any other disturbance of the site begins. Earthen structures, including but not limited to berms, earth filters, dams or dikes, shall be stabilized and protected from drainage damage or erosion within one week of installation. F. Sedimentation basins. Areas of three acres or more shall be required to have temporary sedimentation basins as a positive remedy against downstream siltation, which shall be shown and detailed on construction plans. During development, permanent detention areas may be used in place of sedimentation basins, provided they are maintained to the satisfaction of the city eRgiReer Community Development Coordinator The contractor shall prohibit the discharge of silt through the outfall structure during construction of any detention area and shall clean out the detention area before installing any permanent subdrain pipe. In addition, permanent detention areas shall be totally cleaned out and operating properly at the time of final inspection and at the end of any applicable warranty eriod. When temporary sedimentation basins are used, they shall be capable at all times of containing at least one cubic foot of sediment for each 100 square feet of area tributary to the basin. Such capacity shall be maintained throughout construction by regular removal of sediment from the basin. G. Working in or crossing watelWays or water bodies. Land alteration and construction shall be minimized in all waterways and in a 25-foot-wide strip adjacent to the water, measured from the top of the bank of the waterway. Construction equipment and motor vehicles shall be kept out of waterways and the 25-foot buffer area whenever possible. Barriers shall be used to prevent access by construction equipment and motor vehicles. Where in-channel work cannot be avoided, precautions shall be taken to stabilize the work area during land alteration, development and construction to minimize erosion. If the channel or buffer area is disturbed during land alteration, it shall be stabilized within three calendar days after the in-channel work is completed. Silt curtains or other filter/siltation reduction devices shall be installed on the downstream side of the in- channel activity to alleviate increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided and shall be removed when construction is completed. Upon completion of construction, the area of the crossing shall be restored to a condition reasonably equal to that which existed prior to the construction activity. H. Swales, ditches, and channels. All disturbed or constructed swales, ditches and channels leading from the site shall be sodded within three days of excavation. All interior swales and detention areas shall be sodded prior to issuance of a certificate of occupancy. Page 3 - 31 Page 3 - 32 I I I I I I I I I I I I I I I I I I I I. Trench excavation. The construction of underground facilities shall be accomplished in an expeditious manner, with backfill and restoration lagging no more than 400 feet behind excavation and installation. Where appropriate, excavated materials shall be cast onto the uphill side of any trench and shall not be cast into any channel or channel bank. 1. Maintenance. All erosion control devices shall be checked regularly and after each rainfall, and shall be cleaned or repaired as required. DIVISION 8. FENCES AND WALLS Section 3-801. Purpose and applicability. It is the purpose of this division to provide standards for fences and walls, except earth or water retaining walls determined to be necessary by the city engineer Community Development Coordinator and fences and walls required by Article 3, Division 12, Landscaping. Section 3-802. Design and m-Materials. A. All fences shall be constructed of materials appropriate to their purpose and location. B. All walls shall have a decorative finish such as masonry, brick, stucco or paint. C. No fence or wall shall be made of corrugated or sheet metal. D. No electric or other potentially injurious, hazardous or noxious materials or construction techniques shall be permitted. E. Barbed wire fences are permitted if atop a chainlink fence at least six feet in height and oriented toward the interior of the property, when necessary to preclude entry into a hazardous location or facility or to protect the exterior storage of materials or equipment from vandalism or theft provided that the property is not located adjacent to residentially zoned or residentially used property. F. Wire fences shall be constructed of chain link wire only and shall only be located on a parcel to the rear of the principal building, unless permitted pursuant to section 3 802(E). G. Chainlink f-cnees which are not otherv/ise required to be landscaped by ,'\rticle 3 Division 12 shall be landscaped with a continuous hedge located on the external side of the f-cnce along the entire length of the fence or with a nondeciduous robust grm.ving vine at frequent intervals along the fence on either side of the fenceChainlink fences shall not have exposed points. wires or prongs on the top of the fence.. I I I I I I I I I I I I I I I I I I I I+- f.. fence n. , . , or ..all .vluch exceeds 100 feet' . ~::':;:~:::'':i,;hnll eitller he olf,el :. I:,:~ li:= ~~I:~rioonlaI plane a'eRg a provided Ihroe h Ih aplRg Irealmcnl or ROR opaEjtle openiH . all_ etght feet io width Mehiteeleral fa~ere: :::hofwrought iroo or similM types ::';;'al~h~ ,":,Is or feooe ,hall h. oatere of tile feoce or wall a, a coleRlfl or other featere is esed to 0:7:': or some . e e unbroken INSET: diagram Sediao .3 80a E . ssemeots sod rights af '''sY "..,. . No fence or mall m . \.. meter e .. a) ue loeated within a . ox or manhole, except as follo'''s' A} easement or right of wav or enclo n . J se any water No fence eF maU RUe .. s a e located m'th' easement or drainage easement, l:l~les~ns::~' ~ub:li~ right ~f way, right ofv.-ay I ca :) authOrIzed by the cit . en . No fence or wall shall ) gmecr. authoriz s e . . enclose a water meter box e ) the city eRgineer. or manhole, unless specifically F enees and walls ma . e ' ~ e permttted within util"t . I ~ easements subject to' I . A . . . a .s~~table gate or opening bein r'" . utlhtles, meters or similar facilit7eP 0 y Ided '.vAteh enables access to aay s. The right of the city or ftanemsed ,. or obligation to replace or restore U:I~ company to remO'/e, without cost as may be necessary to maintain the u~il~~eh ~nce or Viall and landscaping . les ocates' th 8ed.a.3 804 O' t . 1ft e easemCRt . F1eo stlao. . /'... B. c. 2. A l. L. Fences and 'Nalls placed mithin . the fence or wall fac' n, a reqUired setback area shall e . the fioi,hed side "'i:~7r 'IIewnllle from a streel right of ,,"'; :"eHted '0 that the side of , .. suppeR n r an aElj . epoo which Ihe faRCe or ...~i':---I' posts aod '!flogers f""iog iowMd I ,n O:IRg property is .. IS ocated. 0.. ar the property If access to a portion of a fence is u, other structure or by dens ' .. holly or partially blocked b . a ' . oat oecessarily adjoining ;hfOhage loealed epoo B<ljoiaiHg prop~rtJhul~I"ll: faRCe, wall or het ROllhe striRgers mo'. e ,property hoe, the sepport po,ts fur I~ OR adja.eollo, Bet property epoR ",hi"; lh )fihe mstallcd OR Ihe oetside oflbe fe fi at. portleO of tile feRCe, e eRce IS located. nee, aCIRg away from the Sectian .3 80S. HeightAat:atian. B. Page 3 - 33 ^ L :L. Water.fr<>nt property: I I I I I I I I I I I ,I I I I I I I I 1. Exc~pt as provided in subsection 2 or 3 ""0"1'.. reqUIred setIlll6k adjoining water. ' no fence or wall is permitted within the t::t'\'oeT. dIagram . 2. On residentially l';eH a ' , , INSET: diagram e property adJommg water: 3 UTne " . n re a s'''lmmJ I' INSET: diagram Y> ~ ng poo eXIsts adjoining water: B. c. Brick or other masonry walls or walls "'ith maso work shall be permitted to am' vh ' nry columns linked by substantial 'II . d ~ ""'_fA . e,ght ol'... ~ t. gn provl eu that the ",;all is decorate-J n'l'tl.. ee 18 a required front setback area tn t tA t:t.. tt caps or otAe h' a e wall otnef\.vise complies with th 'h':" ~ arc Htectural features and pro';ided J:lowe.;er, fences and walls in the fr e slg t viSIbilIty standards in section 3 903 hFRitetl to 36 iRChes in lieight. ont setIlll6k area of the LDR aotI LMDR distO';s area ~ences and walls, other than chainlink fen SIX ~ect in ~he required side and rear setba~~s, shal~ b~ permitted to a maximum height of or SIX feet If clad ';;ith green vin-yl. ES. Chatnllnk fences shall not exceed 18 inches Chainlink fences f-or public 'yo ' or pn v ate tefl"HS couft If exe~pt from height regulations con-tained in tm s, g,o courses and driving ranges arc ~ectlon 3 ~02F? provided that such feRces com sl ~~~~IOR and the location restrictions of 18 the zomRg district assigned to the property, P} ..Ith all setback requirements contaiRed SeetioR 3 806. Setbaeks. D. ^ 1...... Bi\.. C. '^1 chainlink feRce (no slats) m 'b r ' a)' e constructea He I A me, or such dIstance necessary to acco d ~ oser t an one f-oot to the property ,^utlcle 3 Division 12 mhiche"er is mmo ate penmeter landscaping if required by , Y> V greater. Other fences and "'ails located 'th' Y> ml 18 a t s~all, be located no closer than three feetS t~~~ur~l setback ar~a f~om a street right of way ~,stoets and no doser than wle feet in all ot~ ~ght of way In Single fllfnily residential andscaplRg required by ,^~icle 3 Division 12 ...~~t~cts o~ the depth of any perimeter , .. IC ever IS greater. mil a .. a s an f-cnces shall be permitted to ' . setback area in the LDR and LM9R d,a ~aXlmu~ hmght of36 inches in a required fro t R1lI.'lO~. I r · 'stnets. Boek or elh.. n , c~ umns I?kcd by substantial grill ''vode sh m~son.~f walls or walls with of SIX feet 18 a reqUIred front setback area in th ~~~ be perml-tted to a maximum height approval. Walls vlmch exceed a height f36,e h ~ a~d MHDR Districts as a level tn,o setback area on tlie date of adoption f t~. d ~~c es wlHch e><ist in a required front n o IS e y elopment code are lawful Page 3 - 34 I I I I I I I I I I I I I I I I I I I Seetion J 807. Speeial requirements. ,\. Nl fences and walls located "vi thin a required setback area shall be provided with an opening or gate of sufficieAt width to allow access outside of the area enclosed by thc fence or wall to such right of way for the purpose of facilitating maiAtenance of any required landscaping and the street right of way. B. No f-cnce or '.vall over four feet iR heigHt shall be pemtitted on any attaeked dwelling lot, except where the fence or wall is installed aloRg the boundary of the property, in 'which case the fence or '.vall shall be uRiformly desigRed and shall meet the height limits and other standards othenvise applicable to the fence or wall. C. Chainlink fences shall not exceed '1 g inches or six feet if dad with green ',inyI. D. l\ll fences and walls which have a height over 30 inches and arc located on corner lots and positioned within 15 feet of a street right of way shall ensure that sufficieAt unobstructed cross visibility is afforded for the safe movemeAt of traffic in accordance v.ith the sight visibility triangle in section 3 903. E. Parcels of land within a subdi',ision which, in conjunction with the approval of the subdivisioR, ,...ere required to have a feRce, wall and/or laRdscape plan shall not be permitted any additional or substitute fences or walls which otherv:ise contravene the general purpose and uniformity atT-orded by the appro'led plan. F. Chainlink fences shall not have exposed points, wires or prongs on the top of the fence. G. Temporary f-cRces around eonstruetioR sites may be approved by the building official and such f-cRces shall comply with any reasontwle eonditioRs, e.g., height, loeation, materials, as tae building official may determine appropriate for a giveR property. Section 3-803. Desilm requirements. A. Fences and walls placed within a required setback area shall be oriented so that the side of the fence or wall facing or viewable from a street right-of-way or an adjoining property is the finished side. with all support posts and stringers facing inward toward the property upon which the fence or wall is located. C. If access to a portion of a fence is wholly or partially blocked by a building. fence. wall or other structure or by dense foliage located upon adjoining property and adjacent to. but not necessarily adjoining. the property line. the support posts for that portion of the fence. but not the stringers. may be installed on the outside of the fence. facing away from the property upon which the fence is located. D. A fence or wall which exceeds 100 feet in length in any single horizontal plane along a street right-of-way shall either be offset to create inset areas of at least eight feet in width Page 3 - 35 Page 3 - 36 I I I I I I I I I I I I I I I I I I I and depth for landscaping treatment or non-opaque openings in the walls or fence shall be provided through the use of wrought iron or similar types of wall treatment or some architectural features such as a column or other feature is used to offset the unbroken nature of the fence or wall. E. All fences and walls located within a required setback area shall be provided with an opening or gate of sufficient width to allow access outside of the area enclosed by the fence or wall to such right-of-way for the purpose of facilitating maintenance of any required landscaping and the street right-of-way. Section 3-804. Setback and heieht reauirements. The following setback and height requirements shall apply to all fences. except chain link fences. A. Front setback. Walls and fences located in a front setback shall be permitted to a maximum height of thirty-six (36) inches with the following exceptions: 1. In the MDR and MHDR zoning districts. brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six (6) feet in a required front setback area as a level two (flexible development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR MHP. C. T. D. O. L IRT. OSR and P zoning districts. brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six (6) feet in a required front setback. 3. Landscaping requirements. Any fence or wall that exceeds three (3) feet in height and is located within any required structural setback adjacent to a public right-of- way shall provide a three (3) feet wide landscaped strip on the street side of the fence. B. Side and rear setback areas. Fences and walls shall be permitted to a maximum height of six (6) feet in the required side and rear setbacks. C. Waterfront property. Except as provided in subsection lor 2. no fence or wall is permitted within the required setback adioining water: I I I I I I I [~ SETMQ;. 1 WATER r .-.- --.-.-.- -:- -.-., :~. . SlJ:Ucruu . . . , : --------------t---- : NO FENCE ()I;: : WALL I"EnllTm) 1. On property adioining water: I I I I SEAWALL 1 WATEJ: r--------.---.----- 36' NON-()PAGlLIE FENCE f"ERMnTEO -.-1 EJ I I I I I I I I 2. Where a swimming pool exists adioining water: r'-'-'-'--- EJ SWIMMING POOL /I' ,. NOII.oPAQ\l[ ~[IIC[ P[Rl.IITTrD ..-I WATER Page 3 - 37 D. Corner lots. For the purposes offence placement on corner lots. the front yard shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the front setback provisions in Section 3- 804(A) above. The other side of the property shall be considered a side yard. A fence may be erected in compliance with the side yard setback provisions in subsection 3-804(B) above provided the fence is consistent with the character and placement of any structures and setbacks on the adjoining properties. including the placement of the fence on the property line. E. Double frontage lots. For the purposes offence placement on double frontage lots. the front yard shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the front setback provisions in Section 3-804(A) above. The other side ofthe property shall be considered a rear yard. A fence may be erected in compliance with the rear yard setback provisions in Section 3-804(B) above provided the following conditions exist: 1. The rear yards of the adjacent lots on the same side of the street are oriented the same as the lot on which the fence is proposed: and 2. The pattern of the dwellings across the street is also oriented with the rear yard facing the lots across the street. 3 . If both of these conditions can not be met. such fence in the rear setback shall not exceed three (3) feet in height. F. Exception for attached dwellings. No fence or wall over four (4) feet in height shall be permitted on any attached dwelling lot. except where the fence or wall is installed along the boundary of the property. in which case the fence or wall shall be uniformly designed and shall meet the height limits and other standards otherwise applicable to the fence or wall. Section 3-805. Chainlink fences. The following requirements shall apply to chain link fences. A. Front setback. Chainlink fences shall not be permitted in the front yard setback area. Chainlink fences shall only be located on a parcel to the rear of the front building line of the principal building. unless permitted pursuant to Section 3-802(E) above. B. Side and rear setbacks. Chainlink fences located in a side or rear yard shall not exceed forty-eight (48) inches or six (6) feet if clad with green or black vinyl. If such side or rear yard is adjacent to a public right-of-way. however. such chainlink fence shall not be permitted. Page 3 - 38 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I C. Landscaping requirements. Chainlink fences which are not otherwise required to be landscaped by Article 3 Division 12 shall be landscaped with a continuous hedge or a nondeciduous robust growing vine at frequent intervals. Such landscaping may be located on the external or internal side of the fence along the entire length of the fence. D. Public or private recreational facilities. Chainlink fences for public or private tennis courts. golf courses and driving ranges. athletic fields. play courts. batting cages and other similar uses are exempt from height regulations contained in this section and the location restriction of 3-805(A) above. Section 3-806. Easements and riehts-of-wav. No fence or wall may be located within any easement or right-of-way or enclose any water meter box or manhole. except as follows: A. No fence or wall shall be located within any public right-of-way. right-of-way easement or drainage easement. unless specifically authorized by the city engineer. B. No fence or wall shall enclose a water meter box or manhole. unless specifically authorized by the city engineer. C. Fences and walls may be permitted within utility easements subiect to: 1. A suitable gate or opening being provided which enables access to any utilities. meters or similar facilities. 2. The right of the city or franchised utility company to remove. without cost or obligation to replace or restore. any such fence or wall and landscaping as may be necessary to maintain the utilities located in the easement. Section 3-807. Soecial reeulations. A. Fences for swimming pools. A swimming pool may be enclosed with a four (4) feet high fence or wall. B. Publiclv owned land banked properties. A six (6) feet high green or black vinyl coated chainlink fence shall be permitted around the perimeter of any publicly owned landbanked property and shall be exempt from the landscaping requirements for chainlink fences specified in Section 3-805(C) above. C. Visibility triangle. All fences and walls which have a height over thirty (30) inches and are located on comer lots and positioned within fifteen (15) feet of a street right-of-way shall ensure that sufficient unobstructed cross visibility is afforded for the safe movement of traffic in accordance with the sight visibility triangle in Article 3 Division 9. Page 3 - 39 D. Subdivisions. Parcels of land within a subdivision which. in coni unction with the approval of the subdivision. were required to have a fence. wall and/or landscape plan shall not be permitted any additional or substitute fences or walls which otherwise contravene the general purpose and uniformity afforded by the approved plan. E. Construction sites. Temporary fences around construction-sites may be approved by the building official and such fences shall comply with any reasonable conditions. e.g.. height. location. materials. as the building official may determine appropriate for a given property. F. Fences on publicly owned landed. Deviations from these fence requirements may be permitted for fences associated with public proiects pursuant to the Levell (flexible standard) approval process. Section 3-808. Maintenance of fences and walls. A. All fences and walls constructed pursuant to this division shall be maintained in a structurally sound and aesthetically attractive manner. Specifically: 1. A fence or wall shall be maintained in a vertical position, and shall not be allowed to sag or lean at more than ten degrees from vertical, unless the fence or wall is specifically designed and permitted to be maintained at such an angle. 2. Rotten boards in a fence shall be replaced. 3. Each support post or footer shall be solidly attached to the ground. 4. Each fence stringer shall be securely fastened to the support posts and face of the fence. 5. Each fence shall be securely fastened to the support post and fence stringers. 6. All fence or wall surfaces shall be painted, stained, treated or otherwise maintained so as to present a uniform appearance; however, this section is not intended to prohibit the maintenance of fences in which a deteriorated section of the fence is replace with new material which will take some time to "age" or "weather" to replicate the appearance of the original fence. B. Fence boards may be replaced on any nonconforming fence provided the posts are not replaced. Page 3 - 40 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. I I DIVISION 9. GENERAL APPLICABll..ITY STANDARDS Section 3-901. General/technical codes. The following technical standards and codes are hereby incorporated by reference as if fully set out herein, and shall be maintained and kept on file in the office of the city manager: A Florida Department of Transportation's Standard Specifications and Roadway and Traffic Design Standards (latest edition). B. City of Clearwater Subdivision Design Standards and Stormwater Drainage Criteria Manual. C. Sidewalk Construction Specifications. Section 3-902. Comprehensive plan densities/intensities. A Notwithstanding any provision in Article 2 of this development code, no application for development approval shall be granted for any development which exceeds the densities and intensities for that development in the comprehensive plan. B. Density averaging is permitted provided the entire area under consideration is considered as one proiect in which the property is located and the total dwelling unit and transient accommodation count does not exceed what is otherwise allowed for the total area under consideration. C. Intensity averaging is permitted provided the entire area under consideration is considered as one proiect in which the property is located and the total amount of impervious surfaces and floor area located on the site does not exceed what is otherwise allowed for the total area under consideration. Section 3-903. Required setbacks. A Except for fences, walls, outdoor lighting and signs, no building or structure or portable storage unit shall be permitted in a setback required by the applicable zoning district R Irregularly shaped lots (i.e. those lots having property lines not generally parallel with or perpendicular to adjoining street rights-of-way or street right-of-way easements) shall have side and rear setbacks established by the community development coordinator generally consistent with the side or rear setback requirements for the applicable zoning districts and the orientation of the lots to adjoining properties and structures. C. A double frontage lot located within a plat of record which has a deed or plat restriction prohibiting access to the nonfrontage, i.e. the street with no address, may use the required rear setback for the "nonfrontage" portion of the lot. Page 3 - 41 Page 3 - 42 I I I I I I I I I I I I I I I I I I I D. Corner lots shall have two front setbacks and two side setbacks. E. Properties traversed by the coastal construction control line shall be governed by the setback requirements of that line, if such requirements are more restrictive than those required in the applicable zoning district. F. Freestanding, (i.e. not affixed on top of a building), radio and television antennas shall be set back from all property lines a distance equal to 50 percent of the height of the antenna. G. Swimming pools and screened pool enclosures shall comply with the setbacks required in the applicable zoning district for the principal use, unless otherwise permitted pursuant to flexibility criteria in that district. H. Mechanical equipment. 1. Except as provided in subsection H(2) of this section, air conditioning equipment, pool equipment and similar mechanical equipment not enclosed within a building shall be exempt from side and rear setback requirements but shall comply with the screening proyisions of section 3. 20 1 CD) of this deyelopment code be screened from any public right-of-way and adiacent properties. 2. No air conditioning equipment, pool equipment or similar mechanical equipment shall be permitted within a reduced side setback which has been approved as a level one flexible standard development or as a level two flexible development. Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and SEWeD eight (8) feet above grade within the sight distance triangle described in the following figure. INSET: diagram B. To enhance views of the water from residential waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches in the 45 angle formed by ten feet back from the property line on the water and along the side property line. INSET: diagram Section 3-905. Coastal construction control line. A. Purpose. This section establishes within the city the coastal construction control line as the line of reference from which setbacks shall be measured along the Gulf of Mexico for I I I I I I I I I I I I I I I I I I I buildings and structures pursuant to F.S. ~ 161.053 in order to protect the safety, economic, environmental, recreational and community appearance objectives of the city. B. Required setback. No building or structure shall be located seaward of the coastal construction control line unless approved by the State of Florida. C. Interpretation. Nothing contained in this section shall be construed to conflict with or supersede the authority of the state in regard to establishing the location or relocation of the coastal construction control line, or any waiver or variance to the requirements relative thereto pursuant to F.S. ch. 161, or the requirements and authority of the city and the county construction licensing board pursuant to Chapter 47 and the city pursuant to Chapter 46. This section shall be administered according to the following requirements: 1. Compliance with the provisions of this development code shall be independent of any action or authority of the State of Florida pursuant to Ch. 161 F.S. and no action by the state shall relieve any person from compliance with the requirements of this development code. 2. Seawalls shall not be governed by the required setback identified in this section. 3. Any request to modify the setback requirements contained in this section shall be considered as an application for a level two approval as provided for in Article 4 Division 4. Section 3-906. Scenic setbacks. Notwithstanding any other provision of this development code, the following setbacks shall apply to development adjacent to the east side of Bay shore Boulevard so that views of Old Tampa Bay are not unreasonably obstructed or diminished from Bayshore Boulevard: A. No wall or fence in excess of three feet in height shall be permitted. B. Hedges or other groupings of shrubs shall be planted and maintained at a height of three feet or less. Section 3-907. Building setbaek Ve2etative buffer adiacent to oreservation district or iurisdictional wetlands. Unless expressly authorized by this developmeRt code, no building shall be closer than 20 feet to any other buildiflg. Page 3 - 43 A. A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the zoning atlas as preservation (P). or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"): and all lands within 15 feet of the top of the bank of any creeks. channels. or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. B. The required buffer width may be reduced by not more than one-third in a portion of the buffer. by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. C. No structure or other surface impervious to water shall be permitted within the vegetative buffer. with the exception of structures which would be allowed as a part of a level one or level two approval within the preservation district. D. Within the vegetative buffer. any native vegetation shall be protected so that the buffer will retain the character of the immediately adiacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adiacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. E. If prior to October 4. 1990. the native vegetation within a vegetative buffer has been removed or altered. the owner shall not be required to restore the vegetation to its natural state. The owner shall not. however. impede the natural succession of native vegetation into the buffer. INSET: diagram Section 3-908. Permitted encroachments into setbacks and over street rights-of-way. Certain building and other projections shall be permitted to extend into setback areas and may be permitted to encroach over street rights-of-way as follows: A. Building fascias, canopies other than freestanding canopies, a'.vnings, marquees, eaves and other similar building projections v..hich are affixed solely to the building and not directly affixed to the ground, but not including balconies, decks or bay windows, shall be permitted to project into required setbacks not to exceed 10 percent of such setback or ten feet, whichever is less. Within the tourist, commercial, and dOV/ntO'110 districts only, such projections shall be permitted to encroach into required setbacks from the street right of \vay without limit and may encroach into and over street rights of way not to exceed ten feet if a clearance over grade of at least nine feet is pro';ided; however, in each case the Page 3 - 44 I I I I I I I I I I I I I I I I I I .1 I I I I I I I I I I I I I I I I I I I projection shall be no closer than five feet from the eurbline or the shoulder of the roadway. Building projections which are affixed solely to the building and not directly affixed to the ground such as building fascias. canopies other than freestanding canopies. awnings. marquees. and other similar projections. shall be permitted to project into required setbacks as specified below. 1. In the Tourist. Commercial and Downtown Districts. such projections shall be limited to ten (10) feet and shall be permitted into any required setback and over street rights-of-way provided a clearance of nine (9) feet over grade is maintained. In no case shall such projection be closer than five (5) feet from the curbline or the shoulder of the roadway. Any awning with supports may be located up to the property line and any awning that proiects into a right-of-way shall be cantilevered. 2. In all other Districts. such proiects shall be limited to 40% of the setback or ten (10) feet. whichever is less. B. The roof fascia of a freestanding canopy shall be set back a minimum of ten feet from a street right-of-way boundary and any side and rear property line. The supporting posts or columns of a freestanding canopy shall not encroach into required structural setbacks. No part of a freestanding canopy shall encroach into or over a street right-of-way. C. Open or unenclosed fire escapes and outside stairways shall be permitted to extend into a required setback area not more than three feet provided through access is not obstructed. D. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or less of the width of the building wall to which they are attached shall be permitted to extend into a required setback area not more than 30 inches provided through access is not obstructed. Section 3-909. Newsrack!,.desiga. In addition to each and every other provision of the Code of Ordinances of the City of Clearwater, no newsrack located on public or private property shall be located within 100 feet of any other neV/srack unless such ne'Nsrack is: ^ ~ ... '^L design other than a standard front opening, metal, painted 'lending machine and is painted or otherwise finished in muted, earth tone colors; or B. Enclosed in a structure '....mch is constructed of arcmtecturaUy pleasing materials such as brick or other masoAI)' aAd where only the front of the Aewsrack is 'Ii sible, provided that the height of tho enclosure does not exceed four f~et. All Aewsracks located on public or private property shall be in compliaflce with the following requirements. A. General Provisions. All newsracks shall comply with the following general provisions. Page 3 - 45 1. No newsrack shall obstruct the flow of pedestrian or vehicular traffic. 2. No newsrack shall be located in a manner that impairs a motor vehicle operator's view of motor vehicles. bicycles. or pedestrians upon entering. or existing a right- of-way. 3. No newsrack shall be located in a visibility triangle. 4. No newsrack shall reduce the width of a sidewalk or travel route below ADA requirements. 5. No newsrack shall be used for advertising purposes other than advertising for the publication being distributed or sold. 6. No newsrack shall be chained. bolted. or attached in any other manner to a utility pole. traffic sign or other fixture. 7. Newsracks shall be maintained in a neat and clean condition and in good repair at all times. 8. The telephone number of a working telephone service shall be affixed to each newsrack in a readily visible place so that reports of malfunctioning newsracks or any newsrack in violation of these provisions can be made. 9. The location of any newsrack shall not block the view of any historic building or scenic vista. B. Additional requirements for newsracks located on public rights-of-way. 1. No portion of any newsrack shall be installed or maintained upon or over any part of a roadway or bicycle path. 2. Newsracks may be located upon a sidewalk in excess offive (5) feet in width. at the edge of the sidewalk and on either side of the sidewalk but not directly opposing another newsrack. and fronting towards the center of the sidewalk. However. a newsrack shall not be installed or maintained within five (5) feet of a curb or the edge of roadway pavement. 3. If the sidewalk adioins a landscaped area of the public right-of-way of a sufficient size to fully and lawfully accommodate a newsrack. and if the sidewalk is five feet or less in width. the Community Development Coordinator may approve the location of a newsrack provided such newsrack be place upon a wire-reinforced concrete pad. four inches thick or greater. of sufficient size to support the based of the newsrack. or other reasonable alternative measures approved by the City Page 3 - 46 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Engineer. The front of any newsrack located in landscaped areas of the public right-of-way shall face towards the sidewalk. 4. Newsracks may be anchored to any concrete pad located in the public right-of- way. 5. Newsracks shall not exceed fifty-five (55) inches in height. 6. Single newsracks may be located every 100 feet. 7. Combination of multi-stand free and pay newsracks may be located side by side provided the total length of such racks does not exceed six (6) feet. A distance of 300 feet shall separate such combination of racks. C. Additional Provisions for C. T. and D Districts. In the Commercial. Tourist and Downtown Districts. the allowable length of combination newsracks may be extended through the flexible standard development review process provided the newsracks meet the following criteria: 1. The newsracks are integrated into a pedestrian area: 2. The location of the newsracks provides convenient pedestrian access: 3. The newsracks are visually screened: 4. The newsracks do not obstruct the flow of pedestrian or vehicular traffic: and 5. The newsracks are compatible with surrounding activities. Section 3-910. Color. No building shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 3-911. Underground utilities. For development that does not involve subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. Section 3-912. Outdoor display/storage. Unless otherwise expressly permitted in the zoning district in which the property is located, the outdoor display and storage of goods and materials is prohibited. All goods and Page 3 - 47 materials shall be stored in a manner that is not visible from the public right-of-way or from adjacent properties. Section 3-913. General standards for level one and level two approval conditions. A. Conditions which are imposed by the community development coordinator and the community development board pursuant to a level one or a level two approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. B. In the event of an express conflict between a particular flexibility criterion and a provision of Article 3, the flexibility criterion shall govern unless the context clearly implies that the Article 3 provision should control. Section 3-914. Stormwater detention facilities. A. Stormwater facilities required for attenuation purposes by the adopted standards and specifications (see section 3-901) but which in the opinion of the city engineer would be impractical because of the size of the property, the space available for such facilities, soil conditions or other site related conditions may be waived at the request of the applicant upon payment to the city of a fee in lieu thereof which shall be used by the city solely for drainage improvements and maintenance within the drainage basin in which the property is located. Such fees shall be determined by the market value of the area of land which would have otherwise been required to accommodate a stormwater attenuation facility, according to an appraisal made by the city or by a property appraiser holding either an MAl or SRPA designation, at the opinion of the property owner, and by the construction value of the stormwater attenuation facility that would have otherwise been provided, such construction value to be determined by the city engineer. Page 3 - 48 I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I B. Stormwater facilities required for water quality treatment purposes by the adopted standards and specifications (see section 3-901) but which in the opinion of the city engineer would be impractical because of the size of the property, the space available for such facilities, soil conditions or other site related conditions, may be waived at the request of the applicant upon payment to the city of a fee in lieu thereof, if the property is contained entirely within a designated regional retention district as approved by the city commission. Funds received in this manner shall be used by the city solely for water quality treatment improvements within the established regional retention district in which the property is located. Such fees shall be determined by an established schedule for the specific regional retention district in which the property resides. The schedule will be maintained and updated annually as necessary to take into account the market value of the area of land which would have otherwise been required to accommodate a stormwater treatment facility, according to an appraisal made by the city or by a property appraiser holding either an MAl or SRP A designation, at the opinion of the property owner, and by the construction value of the stormwater treatment facility that would have otherwise been provided, such construction value to be determined by the city engineer. Section 3-915. Uses involving vehicles. A. No vehicle, recreation vehicle, travel trailer, camper or similar unit shall be used for living, sleeping or housekeeping purposes in the city except as recreation vehicles, travel trailers, or campers may be permitted within an approved recreational vehicle park. B. No vehicle shall be parked in a predominant location on a '.vith:i.n any parking lot primarily for the purpose of displaying such vehicle for sale, unless the lot is approved for vehicle sales pursuant to this development code. C. No repair of any vehicle is permitted in any residential zoning district unless such repair is either confined within a completely enclosed building ef and limited to vehicle service involving vehicles owned by a person who resides at that residence. however. minor vehicle repairs are permitted anywhere on the property. Under no circumstance shall such repair be conducted as a commercial activity. Section 3-916. Vending: Machines. Vending machines installed on public and private property shall comply with the requirements of this subsection. A. No vending machine shall be installed or maintained within any part of a public right-of- way. B. Vending machines shall be placed only on properties for which there exists a building serving a principal use. Vending machines shall be placed within a building. or may be placed outside a building if the vending machine is under a roof adequate to protect the vending machine against rain and in compliance with the following conditions: Page 3 - 49 Page 3 - 50 I I I I I I I I I I I I I I I I I I I 1. The vending machine shall be placed upon flooring adequate in size and strength to support the vending machine: 2. The vending machine shall be placed flush against the building: 3. The vending machine shall not be located within a required setback. open space. view corridor. or landscaping area. or within a parking space or travel aisle within a parking lot: 4. The vending machine shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles. bicycles. or pedestrians upon entering. or exiting a right-of-way: 5. The vending machine shall not be located at a place where such vending machine unreasonably obstructs the flow of pedestrian or vehicular traffic:. and 6. Electric service to the vending machine shall comply with the edition of the National Electrical Code currently in effect. Section 3-917 Maintenance in Accordance with Aooroved Plans. All improvements authorized by any Level One. Level Two. or Level Three approval shall be maintained in accordance with such approval. This includes. but shall not be limited to. approved landscaping. paved areas. stormwater facilities. retention/detention ponds. irrigation systems. and signage. DIVISION 10. HISTORIC PRESERVATION Section 3-1001. Purpose and applicability. It is the purpose of this division to establish standards for approving changes to structures which have been designated historic in accordance with the provisions of section 4-607 of this development code. Section 3-1002. Alterations, demolitions, waiting periods. A. A historic property may be materially altered or relocated only after a six-month written notice has been given to the community development board by the affected property owner. A historic property may be demolished after 12 months written notice has been given to the community development board by the affected property owner. In either case, such notice may be given to the city clerk or to the community development coordinator. B. During the waiting period, the city may conduct negotiations with the owner, obtain a historic easement, or take other appropriate action in order to preserve the property. I I I I I I I I I I I I I I I I I I I C. The community development board may waive any or all portions of the waiting period, provided the material alteration, relocation or demolition is undertaken subject to conditions agreed upon by the board and the owner which mitigate the adverse effects of the material alteration, relocation, demolition, or change of use, and ensure the continued maintenance of the character of the property or district. Section 3-1003. Certificates of appropriateness. A. Except as provided in this section, a certificate of appropriateness shall be required to: 1. Materially alter a historic property. 2. Erect a new building or structure on a historic property. 3. Demolish a historic property. 4. Relocate a historic property. 5. Remove, destroy or materially and adversely disturb an archaeological site. 6. A certificate of appropriateness may be required whether or not a building or demolition permit is required. 7. A certificate of appropriateness shall not be required for ordinary maintenance or for necessary corrective action in any case in which the building official determines that corrective action is required to protect the public from an unsafe or dangerous condition. B. No building or demolition permit shall be issued for any historic property or for any property included within a historic district without the approval of a certificate of appropriateness by the community development board. C. An application for a certificate of appropriateness shall be reviewed as a level two approval by the community development board in accordance with the procedures in Article 4 Division 4. At the conclusion of the hearing, the board shall determine whether the proposed alteration or demolition is compatible with the historic, architectural, and archaeological qualities that resulted in the designation of the property or district as historic, and whether a feasible and prudent alternative to the proposed alteration or demolition exists. 1. If the community development board determines that the proposed alteration or demolition is compatible with such qualities, it shall approve the issuance of the certificate of appropriateness. 2. If the community development board determines that the proposed alteration or demolition is incompatible with such qualities and that no feasible and prudent Page 3 - 51 alternative to the proposed alteration or demolition exists, the board may grant an exemption from the requirement for a certificate of appropriateness upon establishing that the owner will take timely steps to avoid or mitigate the adverse effects of the alteration or demolition. 3. If the community development board determines that the proposed alteration or demolition is incompatible with such qualities and that a feasible and prudent alternative to the proposed alteration or demolition exists, it shall not approve the issuance of the certificate of appropriateness. DIVISION 11. HOME OCCUPATIONS Section 3-1101. Purpose. It is the purpose of this division to establish criteria for certain occupations to occur as an accessory use within dwelling units. Section 3-1102. Standards. A. All home occupations shall conform to the following standards: 1. No sale of or trading in merchandise which involves on-premise visits by customers shall be carried on from the property where the home occupation is located. 2. No persons other than family members residing within the dwelling unit shall be engaged in the occupation, unless the occupation is a service conducted away from the premises of the applicant, in which case additional employees may be engaged in the occupation provided such employees meet at the site where the service is conducted and not at the home where the occupation is licensed. 3. No internal change in the structural form of the building shall be necessary to accommodate the home occupation. The floor area used by the home occupation shall not exceed 25 percent of the gross floor area of the dwelling; all material, equipment or facilities shall be kept therein, except that materials, equipment or supplies used in the home occupation other than on the premises may be stored in a totally enclosed motor vehicle which complies with the terms of Article 3, Division 14. 4. No occupation shall be conducted outside the dwelling unit or in any accessory building except as such occupation may be conducted from or dependent upon the utilization of a motor vehicle. If a motor vehicle is used in conjunction with the home occupation, it shall be parked or stored consistent with all terms contained in Article 3, Division 14. Page 3 - 52 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5. Traffic generated by the home occupation shall be no greater in volume than would normally be expected at a similar residence where no home occupation is conducted. 6. The occupation shall not involve the use of a commercial vehicle for delivery of materials to or from the premises except for travel from the home occupation-site to a job location and to return, such trips not to exceed on the average more than two trips per day. 7. No marked vehicle or equipment used in conjunction with the home occupation shall be parked on the property or contiguous to the street right-of-way so as to identify, advertise or otherwise attract attention to the occupation. 8. No occupation shall be conducted or equipment or process associated with such occupation used which creates noise, vibration, glare, fumes, odors, dust, smoke or electrical interference detectable to the normal senses at the lot line or beyond the lot line if the occupation is conducted in a detached dwelling, or beyond the exterior or any common walls in an attached dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. 9. No display of products, operations, signs or nameplates shall be visible from outside the dwelling. 10. No home occupation shall involve the provision of day care services to more than four children at anyone time. DIVISION 12. LANDSCAPING/TREE PROTECTION Section 3-1201. Purpose. It is the purpose of this division to establish minimum landscaping/tree protection standards in order to promote the preservation of existing tree canopies, to promote the expansion of that canopy and to promote the enhancement of the quality of existing and future development in the city. Section 3-1202. General landscaping standards. A. Applicability. 1. In general. All new landscaped areas shall be constructed in accordance with the standards in this division. Page 3 - 53 2. New uses. Any landscaped area serving a new use or a change of use shall satisfY the standards of this Division. 3. Existing developed lots. Existing lots not meeting the requirements contained in this Section shall be brought into full compliance under one (1) or more of the following conditions: a. If an existing use is improved or remodeled in a value of twenty-five percent (25%) or more of the valuation of the principal structure as reflected on the Property Appraiser's current records. b. If an amendment. other than a minor amendment. is required to an existing approved site plan. c. If a parking lot requires additional landscaping pursuant to the provisions of Article 3 Division 14. AB. Plant material specifications. Except as provided in subsection (6) below, plant materials which are utilized to satisfY the landscaping required by this development code shall comply with the following minimum standards: 1. Minimum plant material standards: PLANT SIZE QUALITY OTHER (at installation) REQUIREMENTS Shade Tree 12' height Florida a. Use oflive oak (City tree) is 4" caliper Grade # 1 encouraged, however species diversity is preferred over monoculture. b. Must be planted a minimum of five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. Accent Tree 8' height Florida 2 accent trees = I shade tree; 2" caliper Grade # 1 unless overhead lines are unavoidable; no more than 25% of required trees may be accent trees. Page 3 - 54 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Palm Tree 10' clear and straight trunk. Florida Can be used to satisfy 75% of tree Grade # I requirements on Beach, Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 palm trees = I shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a I: I ratio. Shrubs A.) 18-24" in height when used Florida in a perimeter buffer - planted Grade # I Use of Hibiscus (City flower) is every 36", (measured from the encouraged for non-required center of the shrub) providing a landscape plantings, especially for 100% continuous hedge which accent marking at entrances and will be 36", high and 80% other points of high visibility. opaque 12 months from the time a certificate of occupancy is received (excluding drives and visibility triangles where applicable) B.) 14-24" in height when used for interior - planted every 30"- 36", respectively (measured from the center of the shrub) with a 3 gallon minimum Ground Cover I gallon minimum - planted a Florida Encouraged in lieu of turf to maximum of24" O.c. Grade # I reduce irrigation needs. Turf N/A Drought Turf areas should be consolidated tolerant and limited to areas of pedestrian varieties traffic, recreation and erosion control. 2. Required landscaping that incorporates existing trees, in particular any native plant material, is strongly encouraged and credit for the use of such materials shall be given against the requirements of this division. 3. Plant materials which are native to Central Florida and which are recommended in the Plant Guide of the Southwest Florida Water Management District are strongly encouraged. Page 3 - SS I 3. A minimum variety of tree species shall be provided: each species shall provide a I minimum of ten percent of the total number of trees. Total No. Minimum No. I of Trees of Species 1-9 1 I 10-19 2 I 20-29 3 30-49 4 I 50-over 5 I 4. No prohibited trees shall be installed in any required landscaped areas or elsewhere I in the city. I 5. The city manager may modifY the size specifications of the trees required in this section only if the applicant for development approval demonstrates to the city I manager that such size is not readily available in the market area and that the proposed landscaping treatment is equal to or superior to the landscaping which would have been provided with the larger trees. I Be. Irrigation. 1. For multifamily and nonresidential properties an automatic irrigation system I providing complete water coverage for all required and other landscaping materials shall be provided and maintained as a fully functioning system in order to preserve I the landscaping in a healthy growing condition. 2. If a single-family dwelling is required to install landscaping and an irrigation system I is not installed to maintain that landscaping, then a hose bib shall be installed a maximum of 50 feet from the required landscaping. 3. All irrigation systems connected to the public potable water supply system shall I include a backflow preventer at the service connection. I 4. All irrigation systems shall be installed so as to minimize spray upon any impervious surface, such as sidewalks and paved areas. I 5. All irrigation systems shall include a rain sensor/shut off device to avoid irrigation during periods of sufficient rainfall. I Page 3 - 56 I I I I I I I I I I I I I I I I I I I I 6. Underground irrigation shall not be installed within the driplines of existing trees unless root protection measures are provided. 7. If available, reclaimed water shall be used for irrigation purposes. GD. Perimeter buffers. Except in the downtown or tourist districts or in designated scenic corridors with approved special plans, landscaping shall be installed in a perimeter buffer in accordance with the standards in this division and the following table: 1. Perimeter landscaping requirements: PROPOSED USE ADJACENT USE NON- MULTI-FAMILY SINGLE FAMIL Y Single-family RESIDENTIAL 12' min. wide buffer 10' min. wide buffer Single-family 1 Tree/35' 1 Tree/35' 100% Shrubs 100% Shrubs (6' within 3 years) (6' within 3 years) 5'min. wide buffer 10' min. wide or 7' Nonresidential 1 Tree/35' min. wide buffer with 100% Shrubs decorative fence/wall 1 Tree/35' % Shrubs 10' min. wide buffer 10' min. wide buffer Multi Family 1 Tree/35' 1 Tree/35' (= Or > Density) 100 % Shrubs 100% Shrubs 12' min. wide buffer 10' min. wide buffer Multi Family (Less 1 Tree/35' 1 Tree/35' Density) 100% Shrubs 100% Shrubs 15' min. wide buffer 15' min. wide buffer 15' min. '.vide buffer Arterial Or Major 1 Tree/35' 1 Tree/35' 1 Tree/35' Collector 100% Shrubs 100% Shrubs 100% Sh.-ubs Right-of-Way 10' min. wide buffer 10' min. wide buffer 10' min. ',1/ide buffer Local/Minor 1 Tree/35' 1 Tree/35' 1 Treel35' Collector Street 100% Shrubs 100% Shrubs 100% Shrubs Right-of-Way 2. 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 all required shrub plantings are not more than six inches below the top of the bank and provided that the buffer width is at least five feet in width. Page 3 - 57 3. Notwithstanding the provisions in subsection (1) above, any parcelofland subject to the provisions of this division, which exceeds one acre in size, shall have a minimum perimeter buffer width of ten feet. 4. Notwithstanding the provisions in subsection (1) above, the required landscaping materials in a perimeter buffer may be increased if the prescribed landscaping has little buffering value for an adjacent less intensive use due to unusual topographic conditions or where other unique circumstances exist, such as swales, which merit special landscaping treatments. 9E. Interior landscaping. 1. Minimum interior landscaping standards - parking lots: Landscaping for the interior of parking lots shall be provided in accordance with the following table: Paved Required Interior Size (sq. Dimension Required Trees/Plants Vehicular Island (sq. ft.) ft.) of in Interior Islands Use Area of Interior Interior (Sq. ft.) Island Island > 4,000 a. 10% of gross 150 sq. ft. 8' green 1 Tree/island min. (unless vehicular use area or mlmmum space from existing trees are being 12% of gross vehicular back of curb preserved to meet interior area if parking spaces to back of tree requirement) are greater than or curb 1 Tree/ISO square feet of equal to 110% of required greenspace required parking shall Shrubs: 50% required be provided in an greenspace island. Groundcover shall be b. Interior islands shall utilized for required be designed so that in greenspace in lieu of turf most cases no more than 10 parking spaces are provided in a row; staff may permit flexibility up to 15 spaces in a row. < 4,000 NONE REQUIRED 2. Foundation plantings shall be provided for 100 percent of a building facade with frontage along a street right-of-way, excluding space necessary for building ingress and egress, within a minimum five-foot wide landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 . linear feet of building facade and one shrub for every 20 square feet of required landscaped area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. Page 3 - 58 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I BE. F. G. Fences and walls. If a fence or wall in the front setback for any use exceeds 36 inches, landscaping shall be provided on the right-of-way side of the fence or wall (but not within the right-of-way) or vines shall be installed at intervals along the entire fence or wall, appropriate to the species, sufficient to provide coverage at maturity. Vegetative buffer acijacent to preservation district or jurisdictional wetlands. 1. ,\ ....egetative buff~r shall be provided on all lands '.vi thin 25 feet of any property designated on the zoning atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional '.vetlands"); and all lands within 15 feet of the top of the bailie of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing sea\valls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one f-oot 'o'ertical to four feet horizontal. 2. The required buffer width may be reduced by not more than one third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3. No structure or other surface impervious to 'Nater shall be permitted within the 'tegetative buffer, '.vith the exception of structures which '.vould be allowed as a part of a IC'tel one or level two approval within tAe preservation district. 4. Within the vegetative buff-cr, any native 'tegetation shall be protected so that the bl:lffer will retain tAe character of tAe iHlfRediately adjacem '1egetation 'lIithin the preservation district. Native vegetation within tAe buffer shall Rot be removed or altered unless the removal or alteration of tHe vegetation will not ad.tersely affect the hydrological or ecological integrity of tHe adjacent wetland. All prohibited trees existing within tHe buff-er SHall be remo'/ed by tHe landowner and shall be prevented from re emergence. TRis subsection shall not be construed to proHibit routine maintenance trimming of now.vetland '1egetation in accordance with procedures developed by the city manager. 5. If prior to October '1, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. THe owner shall not, howe'o'er, impede the natural succession of native vegetation into the buffer. Comprehensive landscaping program. The landscaping requirements of this division may be waived or modified as a part of a level one or level two approval, as the case may be, if the application for development approval includes a comprehensive landscape program which satisfies the following criteria: Page 3 - 59 I. Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater. 4. Property values. The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan. The landscape treatment proposed in the comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. Section 3-1203. Scenic corridors. A. Purpose. The purpose of designating primary and secondary scenic corridors is to establish areas in the city which have particular significance, in terms of tourism, economic development or community character, and which therefore should have enhanced and differentiated landscaping requirements. It is anticipated that specific corridor plans will be approved by the city commission for each corridor and that when such plans are adopted, they shall constitute the requirements for landscaping along these corridors. B. Primary corridors. I. Bayshore Boulevard 2. Belcher Road 3. Causeway Boulevard 4. Chestnut Street 5. Cleveland Street 6. Coronado Drive 7. Court Street Page 3 - 60 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 8. Courtney Campbell Causeway 9. Druid Road 10. East Shore Drive 11. Fort Harrison Avenue 12. Gulf Boulevard 13. Gulf to Bay Boulevard 14. Gulfview Boulevard 15. Harnden Drive 16. Mandalay Avenue 17. Marianne Street 18. McMullen-Booth Road 19. Memorial Causeway 20. Missouri Avenue 21. Pierce Boulevard 22. Poinsetta Street 23. State Road 580 24. U.S. 19 C. Secondary corridors. 1. Bayshore Drive 2. Belleair Road 3. Countryside Boulevard 4. Curlew Road 5. Drew Street 6. East Avenue 7. Edgewater Drive 8. Enterprise Road 9. Hampton Road 10. Hercules Avenue 11. Highland Avenue 12. Keene Road 13. Lakeview Road 14. Landmark Drive 15. Myrtle Avenue 16. Northeast Coachman Road 17. Nursery Road 18. Old Coachman Road 19. State Road 590 20. Sunset Point Road Section 3-1204. Installation and maintenance. A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior to the issuance of a certificate of occupancy. In the event there are any changes to the Page 3 - 61 approved landscape plan, such changes must be reviewed and approved and noted on the plan prior to notification for the final inspection for a certificate of occupancy. I I I I I I I I I I I I I I I I I I I B. All landscaped areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. c. 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 protective material where it is in contact with the tree and the stakes or guy wires must be removed after one year. D. All landscaping required by this division must be protected from vehicular and pedestrian traffic by the installation of curbing, wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas or sidewalks. These protective devices shall have a minimum height of six inches above grade. E. Landscaping shall be installed in a manner which minimizes conflicts between the landscaping and signage and utilities. F. 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. G. Soil in which required landscaping is to be installed must be generally indigenous to the locale. Soil must be loose, friable and free of limestone and other construction materials, roadbase material, rocks, weeds, grasses, hardpan clay or other debris. pH shall be adjusted where necessary to be compatible with the plant species being installed. Soil shall be slightly swaled to retain surface stormwater. Backfill soil material shall be thoroughly watered in and 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 landscaping's water requirements. H. To minimize traffic hazards, at street or driveway intersections, all landscaping installations must provide unobstructed views in accordance with the sight triangle requirements in Article 3, Division 9. I. The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds. Page 3 - 62 I I I I I I I I I I I I I I I I I I ~ I 1. Required shade trees planted shall not be topped, shaped or severely pruned, but must be allowed to grow to maturity and attain their natural form so that crown development is not inhibited. K. All landscaping near public sidewalks must be maintained to allow unobstructed passage of pedestrians. L. Dead, declining. missing and diseased plant material shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. M. Landscaping will be inspected periodically by the City, but not less frequently than every three years to ensure that proper maintenance is provided. Section 3-1205. Tree protection. A. Removal permit--Required. No person may remove or cause to be removed any protected tree or any palm with a 10' clear and straight trunk without first having procured a permit as provided in Article 4, Division 12. B. Criteria for issuance of a removal permit. 1. No permit shall be granted for the removal of a specimen or historic tree. 2. In determining whether or not a required removal permit shall be granted, the community development coordinator shall consider the following: a. The condition and location of the protected tree or palm with respect to disease, insect attack, danger of falling, proximity to existing or proposed structures and interference with utility services. b. Protected trees and palms shall be preserved to the maximum extent possible and reasonable flexibility in the design of permitted uses shall be granted, within the parameters of the zoning district within which the property is located, in order to ensure such preservation. c. Whether protected trees or palms can be successfully relocated on-site in order to accommodate the proposed development. d. If a protected tree or palm must be removed in order to permit an economic use of the property which would otherwise be permitted, the applicant must give the city a reasonable opportunity to relocate the tree to another site in accordance with the provisions of section 3-1205(C) and replace protected trees on-site in accordance with the provisions of section 3-1205(D) or pay into the city's tree bank for every protected tree that is removed in accordance with the provisions in section 3-1205(D). Page 3 - 63 c. Relocation by city or county. The applicant for a tree removal permit may authorize the city to enter upon the property and remove a tree or palm at the city's expense prior to the owner's proposed removal, ifin the opinion of the city manager, such tree is of sufficient value to warrant relocation by the city. The city manager, in deciding whether to accept or reject such a donation, shall consider the tree's physical condition, health or other circumstances, such as potential damage to utility lines, that may be anticipated to occur during such relocation as well as the city's need for the proposed donation. Such donated trees will be utilized for landscaping on public lands or as otherwise determined by the city manager. D. Replacement of protected trees and palms. If the applicant for a tree removal permit elects to replace the protected trees on site, the total amount of caliper DBH removed shall be replaced on an inch for inch basis.. The replacement of protected trees and palms shall be in compliance with Section 3-1202(A)(1) and the following: 1. Multi-familv and commercial properties. The total amount of DBH removed from a multi-family or commercial site shall be replaced on an inch-for-inch basis. 2. Single-familv and two-familv properties. The following shall govern the minimum number of trees that shall be required on a single-family or two-family lot. Required Number of Trees on Single-Family and Two- Family Lots Lot Size (sauare footm!e) Number ofReauired Trees Less than 5.000 2 5.000 - 10.000 4 10.001- 15.000 6 Over 15.001 8 -l- }.. When tree replacement requirements are so great that sufficient space is not available to replace the equivalent of all protected trees on site in accordance with these requirements, or '.vhen the applicant chooses not to replace some or all the protected trees removed, the remaining caliper deficit shall be met by paying a fee to the tree bank in lieu ofreplacement. The fee shall be $81.00 for each t'.vo inches caliper l2Iil:I of deficit. This value was determined using a base value of $27.00 per square inch of cross sectional area. EXAMPLE: The f{1e for a deficit often diameter inches '.youldbe 10 inches x $81.00 per t'NO inches - 5 inches x $81.00 - $120.00. When the Community Development Coordinator determines that there is not sufficient space available to replace the equivalent of all protected trees on-site in Page 3 - 64 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~. J. 2. accordance with these requirements. the remaining DBH deficit shall be met by paying a fee of$48.00 per inch ofDBH to the tree bank. Monies paid to the tree bank in this manner shall be used for tree planting projects on public lands within the city and for other urban forestry enhancement projects designated by the city manager. Conditions and specifications. a. Characteristics. The replacement trees shall have at least equal shade potential, screening properties and other characteristics comparable to those of the trees for which a removal request has been submitted. The specific locations and design of required replacement trees shall be in accordance with proper urban forestry practices and as approved by the city manager. b. Size. Replacement trees shall be a minimum of four inches caliper providing for one-inch caliper total replacement for each one-inch caliper DBH removed. Any number of trees may be utilized to meet the inch-for-inch requirement, provided that acceptable spacings and design are maintained. Replacement palms shall have a clear and straight trunk of 10 feet. c. Species. The City 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 city manager. d. Native understory plant and enhanced tree protection credit. 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 city manager may reduce the total tree replacement requirements up to 25 by ten (10) percent if native understory vegetation is allowed to remain within allotted green areas around the subject trees and/or enhanced tree protection methods are utilized such as chain link fence barricades. root aeration systems. cabling and bracing. mulching. fertilization and water during construction activities. The city manager may allow such reduction only upon a determination that the understory vegetation contains valuable native plants that are desirable in an urban environment, and will significantly enhance the subject 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 Page 3 - 65 in a healthy growing condition, and replaced by comparable plants approved by the city manager should the plants decline. e. Credit for required landscaping. Any landscaping required to be installed by section 3 -1202 or 3 -1203 may be used as credit against tree replacement requirements. f Credit for undeveloped multi-familv and commercial property. Twenty- five percent (25%) of the DBH of the trees existing on an undeveloped property zoned MHDR HDR or any commercially designated property shall be permitted to be removed with no requirements for tree replacements. This removal allowance may be used only one time on any particular site. f~. Waiver of replacement trees' specifications. The city manager may waive the characteristics, species, or size of the replacement trees only if the applicant for development approval demonstrates to the city manager that such size is not readily available in the market area and that the proposed landscaping treatment with replacement trees is equal to or superior to the landscaping which would have been provided with the larger trees. E. Protective barrier requirements and protection during construction activities. 1. A protective barrier shall be place around all protected trees prior to land preparation or construction activities according to the following: a. At or greater than the full dripline of all species of mangroves and sabal palm trees: b. At or greater than the full dripline of all protective native pine trees and other conifer tree species: c. At or greater than two-thirds of the drip line of all other protected species: d. At or greater than the full drip line of trees within a specimen tree stand. 2. Protective barriers are to be constructed using no less than 2" x 2" lumber of upright posts. Upright posts are to be at least four feet in length with a minimum of one foot anchored in ground and three feet above ground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are to be constructed using no less than 1" inch x 4" lumber and shall be securely attached to the top of the upright post. The Community Development Coordinator must approve any variation from the above requirements. 3. Whenever a protective barrier is required. it shall remain in place until all construction activity is terminated. The area within the barrier limits shall remain Page 3 - 66 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I undisturbed by any activity during construction. Native ground cover and understory vegetation existing within the barriers shall remain throughout construction. Exotic plant species may be removed providing written consent is obtained from the Community Development Coordinator. Plant species removed with the consent of the Coordinator may be removed only by manual labor utilizing hand tools or by other approved methods. 4. Prior to the erection of any required protective barrier. all surface foreign material. trash or debris shall be removed from the area to be enclosed by the barrier. and after erection of the barrier no such material or litter shall be permitted to remain within the protected area. No equipment. chemicals. soil deposits or construction materials shall be placed within such protective barriers. 5. Large areas on a development site. where land preparation and construction activities will not occur. or where heavy machinery will not venture. shall not require protective barriers as otherwise required by Section 3-I205(E)(I) above. Such areas shall be delineated at the point of interface. using a woven fabric ribbon or other materials approved by the Community Development Coordinator. Approved materials shall be attached to 2" x 2" upright posts. Upright posts shall be made of wood or other suitable material approved by the Community Development Coordinator. be at least 4' in height and be spaced no more than 50 feet apart. No ropes or ribbons shall be attached to any protected tree. The Community Development Coordinator shall make the final determination as to the location of the protective barrier. 6. No signs. building permits. wires or other attachments of any kind shall be attached to any protected tree or palm. Guy wires designed to protect trees are excluded. however. from this prohibition. 7. At all times. due care shall be taken to protect the critical root zone of trees protected by this section. and root pruning requirements shall apply to such trees. F. Proper tree care; prohibited tree pruning. 1. When construction activities affect protected trees so that the critical root zoned is disturbed. or when pruning must be performed on a tree's crown. adherence to the following arboricultural techniques is required: a. When the critical root zone will be disturbed. affected roots must be severed by clean pruning cuts at the point where construction 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 construction 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 Page 3 - 67 utility lines are to be installed within the critical root zone. the root pruning requirements may be waived if the lines are installed via tunneling or directional boring as opposed to open trenching. I I I I I I I I I I I I I I I I I I I b. When pruning lateral branches of protected trees. the proper pruning techniques as described herein. 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 will not be utilized to meet tree replacement requirements. 2. It shall be unlawful to remove from a protected tree more than 30% ofa tree's foliage during a period of one year. 3. It shall be 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. 4. When trees must be topped. such as in instances where there is interference with overhead wires or nearby structures. a tree removal permit shall first be obtained. The Community Development Coordinator will determine if the tree can tolerate the necessary pruning. or if the tree should be removed. The Community Development Coordinator will indicate on the permit that the removal of the tree will be permitted. or will modify the permit to allow the necessary pruning. or may deny the permit. 5. When determining whether more than the allowed 30% ofa tree's crown has been pruned. the Community Development Coordinator shall use the following information to make a decision: a. The quantity and diameter of vertical stems pruned: b. Typical crown characteristics of the affected tree species: c. Aerial photographs or other recent photographs that would indicate the tree's appearance prior to pruning: d. Testimonials from eyewitnesses as to the tree's former appearance: e. Remains of foliage debris on the site. 6. Based on the above information. a written report shall be prepared citing all evidence used to support the claim of violation. The violation shall be treated as an illegal tree removal and process accordingly. Page 3 - 68 I I I I I I I I I I I I I I I I I I I DIVISION 13. OUTDOOR LIGHTING Section 3-1301. Purpose. The purpose of this division is to establish minimum standards for the provision and use of outdoor lighting in order to provide for the safe and secure night time use of public and private property while at the same time protecting adjacent land uses from intrusive light conditions. Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel proposed for development, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. INSET: diagram B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel proposed for development are not illuminated to an extent of producing more than a diffuse shadow. INSET: diagram C. Height. I. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3-1202(B), whichever is less. INSET: diagram 2. Non-cut-offfixtures. The height of the lamp in a non-cut-offfixture shall not exceed 18 feet. INSET: diagram 3. Down-lights. The height of a down-light shall not exceed 18 feet or two- thirds of the height of the structure or tree which is being downlighted, whichever is less. 4. Up-lights. The height of the lamp in an up-light light fixture shall not exceed 18 feet or one-half of the height of the structure or tree which is being uplighted, whichever is less. D. Sea turtle nesting areas. To the extent possible, no light within 300 feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the nesting season of May 1 to October 3 1. Those areas were security and public safety Page 3 - 69 require lighting, alternative light management approaches shall be applied. The Florida Marine Research Report Institute Technical Report - "Understanding, Assessing, and Resolving Light-Pollution Problems on Sea Turtle Nesting Beaches" shall be used as a guide to provide the most thorough solution practical. Section 3-1303. Outdoor recreational facility lighting. A. Orientation. All outdoor recreational facility lighting shall be located as close to the recreational facility to be lighted as possible and the light from such fixtures shall be oriented, to the maximum extent possible, away from adjacent residential areas. B. Operation. Outdoor recreational facility lighting installed at a recreational facility, located adjacent to residential areas, shall be operated only when such facilities are in use and a period of one half (1/2) hour before such use and one-half hour after such use. C. Location and intensity. Outdoor recreational facility lighting shall be located so that objects or land which are located beyond the boundaries of the parcel proposed for development are not illuminated to the extent of more than a diffuse shadow on the objects or land. DIVISION 14. PARKING AND LOADING Section 3-1401. Parking. A. Purpose. It is the purpose of this division to establish standards which promote the orderly, efficient, and safe layout of parking and loading areas. B. Applicability. 1. In general. All off-street parking areas and loading spaces shall be constructed in accordance with the standards in this division. Any existing unimproved parking lot ",..hich is to be paved and any existing paved parking lot which is to be either restriped in a manner different from that pre';iously approved, resurfaced or resealed shall be subject to the standards in this division. 2. Parking lots serving a new use. Any parking area which is to serve a new use of land, shall satisfy the standards in this Division and the landscaping standards in Article 3, Division 12. 3. Existing parking lots. When a property is to be redeveloped and the gross floor area and/or use area of the property is increased by 25 percent or more in a single improvement or as the result of a series of redevelopment activities, the development of the property shall satisfy the requirements of this division. Existing parking lots not meeting the requirements contained in this Section shall be brought into full compliance under one (1) or more of the following conditions: Page 3 - 70 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I a. If an existing use is improved or remodeled in a value of twenty-five percent (25%) or more of the valuation of the existing principal structure as reflected on the Property Appraiser's current records. b. If an amendment. other than a minor amendment. is required to an existing approved site plan. Section 3-1402. Design standards for parking lots. All parking lots shall be designed to meet the following requirements: A. Off-street parking spaces, including aisles, shall be designed in accordance with the standards identified in the following table. Parking space dimensions shall be revised where necessary to provide safe and efficient vehicular movement where columns, walls, or other site conditions impede maneuverability or vision. INSET: diagram B. There shall be no more than one entrance and one exit or one combined entrance and exit per property along any street unless otherwise determined necessary by the traffic engineer to alleviate congestion and improve traffic flow. C. With the exception of parking spaces for detached dwellings, no off-street parking space shall be designed so that a vehicle is required to back into a public right-of- way. D. Stacking space for drive-through facilities shall be provided and designed in accordance with the requirements contained in section 3 -1406 of this division. E. Required off-street parking spaces shall not be located within any right-of-way easement or within the drainage and utility easement abutting U.S. Highway 19. F. Directional signs and surface markings shall be provided as determined. necessary by the traffic engineer. G. Fire lanes shall be provided as determined necessary by the fire marshal. H. Unenclosed parking lots shall be landscaped and buffered in accordance with the provisions contained in Article 3, Division 12. INSET: diagram Section 3-1403. Parking lot surfaces. A. Permanent surface. Except as otherwise permitted in subsection (B) of this section, all unenclosed parking lots, vehicular accessways and driveways shall be improved with a permanent all-weather paving material which is graded to drain stormwater. Page 3 - 71 Page 3 - 72 I I I I I I I I I I I I ,I I I I I I I B. Grass surface. 1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass or other unpaved area zoned for any multiple-family or nonresidential use unless specifically authorized in this section. 2. Except in the Downtov;n and Tourist Districts, the maximum number ofpa'/ed parking spaces shall not exceed the total number of spaces required to serve the principal and accessory uses located on the parcel proposed for development by more than 25 percent. All parking spaces and aisles in excess shall ha'ie a durable grass or other permeable surface. ; 2. Eighty-five percent of parking required for places ofworship~ aDd outdoor recreational facilities and other uses as determined by the Community Development Coordinator may have a durable grass or other permeable surface. Section 3-1404. OfT-street parking spaces. A. Location. All required off street parking spaces shall be located within 600 feet of the principal and accessory uses they serve. B. Striping. All paved parking spaces, other than those located in driveways and serving detached dwellings or two attached dwellings, shall be marked by painted lines. If a parking lot serves a use which generates 2500 or more vehicle trips a day. such parking spaces shall be marked by white thermoplastic lines. C. Availability. All required parking spaces, including appropriate access thereto, shall remain unobstructed and available for use in accordance with their purpose. D. Required number of spaces. The required number of parking spaces for each use is set out for each use in each zoning district in Article 2 of this development code or in this division. When the determination of the number of required off street parking spaces results in a requirement of a fractional space, any fraction less than one-half space shall be rounded down to the nearest whole number and any fraction of one-half space or more shall be rounded up. E. Protected trees. Notwithstanding any other provision of this Division, the number of required off-street parking spaces may be reduced by up to 25 percent in a level one approval upon showing that the reduction in off-street parking spaces is necessary to preserve protected trees located on the parcel provided for development. F. Comprehensive parking program. Off-street parking requirements may be satisfied by participation in the availability of parking spaces through a comprehensive parking program which is established to provide off-street parking to the geographic area where the use is to be located. I I I I I I I I I I I I I I I .1 I I I G. Payment in lieu of parking in the Downtown District. The Community Development Coordinator may approve a payment in lieu of providing a portion of or the entire amount of required parking for any use in the Downtown District. Section 3-1405. Shared parking. INSET: diagram WEEKDAY USE Night Day Evening Day Evening Midnight 9 a.m. 6 p.m. 9 a.m. 6 p.m. 6 a.m. 4p.m. Midnight 4p.m. Midnight Residential 100% 60% 90% 80% 90% Government 5% 100% 0% 0% 0% Office and 5% 100% 10% 10% 5% Marinas Retail 5% 70% 90% 100% 70% Overnight 80% 80% 100% 80% 100% Accommodations Restaurant 10% 50% 100% 50% 100% Entertainment 10% 40% 100% 80% 100% Places of Worship 0% 20% 10% 100% 20% Others 100% 100% 100% 100% 100% When any land, building or area is used for two or more uses which are listed below, the minimum total number of required parking spaces shall be determined by the following: Multiply the minimum required parking spaces for each individual use, excluding spaces reserved for use by specified individuals or classes of individuals, by the appropriate percentage listed in the Table below for each of the designated time periods. Add the resulting minimum required parking spaces in each of the five vertical columns for the table. The minimum parking requirement is the highest sum of the vertical columns. Page 3 - 73 Section 3-1406. OfT-street loading and vehicle stacking spaces. A. Design. Offstreet loading spaces shall measure not less than 12 feet in width and 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet. Off-street loading and access facilities shall be designed to accommodate all vehicles onsite without obstructing aisles or parking spaces. B. Schedule. Any use identified below shall provide off-street loading in all districts except the D,and T and MV districts, as specified: I. Offices: One loading space shall be provided for each such building, for more than 6,000 square feet of gross floor space. 2. Commercial or industrial use: Any building containing 5,000 square feet or more of gross floor area designed or adaptable for commercial or industrial use shall be provided with loading spaces in accordance with the following table: Total Gross Floor Area (in square feet) 5,000 to 15,000 Loading Spaces 1 Over 15,000 to 50,000 2 Over 50,000 to 100,000 3 Each additional 100,000 1 additional 3. Drive-through facilities. a. For restaurants: Drive-through facilities for restaurants shall be provided with sufficient stacking space to accommodate eight vehicles. b. For banks: Drive-through facilities for banks shall be provided with stacking spaces in accordance with the following table: Number of Vehicle Standing Spaces 1 Drive-through Lanes 8 2 12 Page 3 - 74 I :1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3 18 Each additional 2 additional C. Exceptions. Exceptions to these loading requirements may be permitted pursuant to the Levell (flexible standard) approval process based on the size of the site and the timing and frequency of deliveries. Section 3-1407. Parking restrictions in residential areas. A. Restrictions. For the dual purpose of preserving attractive residential areas within the city and promoting safe unimpeded traffic circulation throughout such neighborhoods, the following parking restrictions shall apply except as provided in paragraph B of this section: 1. Within street right-oj-way. The following vehicles shall not be parked or stored on any public right-of-way in a residential zoning district or on any right-of-way contiguous to a residentially zoned property: a. Any boat or boat trailer; b. Any hauling trailer; c. Any of the following recreational vehicles: travel trailers, motor homes and camping trailers; d. Any semi-tractor trailer truck or cab; e. Any commercial vehicle. f Any race car. dune buggy. farm equipment. go kart, ATV. or other similar vehicle not designated for street operation. 2. Within setback area from street right-ojway. The following vehicles shall not be parked or stored, in whole or in part, within any required setback area from a street right-of-way in a residential zoning district: a. Boat in excess of 20 feet; b. Hauling trailer; c. Recreational vehicles, travel trailers, motor homes and camping trailers; d. Any semitrailer truck or cab; Page 3 - 75 e. Any commercial vehicle which measures in excess of20 feet in total body length, seven feet in total width or seven feet in total height, including appurtenances, equipment and cargo. f. Any race car. dune buggy. farm equipment. go kart. ATV. or other similar vehicle not designated for street operation. 2. Large vehicles. No semi-tractor trailer. truck or cab or any garbage truck, pump- out truck, chemical truck, gasoline truck, fuel oil truck or similar vehicle designed to transport wastes or hazardous or noxious materials shall be parked or stored in any residential zoning district. B. Exception. 1. Commercial vehicles during the actual performance of a service at the premises where the vehicle is parked. 2. Loading, unloading, or cleaning of vehicles, but not including semitrailer trucks or cabs, provided such activity is fully completed within six hours and provided such activity does not occur at the same location more than two times per month. 3. Emergency vehicles. Section 3-1408. ParkinS! restrictions in commercial areas. Commercial trucks. semi-tractor trailers. cabs and other commercial vehicles shall be permitted to be parked or stored on commercial property only if such vehicles are associated with the property on which they are located. Section 3 1408 1409. Handicapped parking spaces. A. All new or expanded uses shall be provided with handicapped parking spaces based upon the number of spaces required to serve the new or expanded use, as follows: Number of Spaces Number of Required Handicapped Spaces 1-25 1 26-50 2 51-75 3 Page 3 - 76 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 76-100 4 101-150 5 151-200 6 201-300 7 301--400 8 401-500 9 501-1,000 2 percent of total Over 1,000 20 plus 1 for each 100 over 1,000 All handicapped parking spaces shall be conspicuously outlined in blue paint and posted and maintained with permanent above-grade signs of a color and design consistent with standards established by the Florida Department of Transportation, bearing the international symbol of accessibility and the caption lip ARKING BY DISABLED PERMIT ONL Y". The required number of handicapped parking spaces shall be included in the total number of parking spaces required for the new or expanded use. All handicapped parking spaces shall be designed and located in accordance with the standards set forth in F.S. ~ 316.1955(3), as may be amended from time to time. INSET: diagram Section 3-1409 1410. Conformance to uniform system of parking lot design and traffic control devices. Nongovernmental entities to which the public is invited to travel shall meet or exceed the parking lot design standards of Rule 14-110, Florida Administrative Code. Such entities shall also install and maintain uniform traffic control devices at appropriate locations pursuant to the standards set forth in the Manual on Uniform Traffic Control Devices as adopted by the Department of Transportation under Rule 14-15.010, Florida Administrative Code. Businesses with parking lots that do not provide intersecting lanes of traffic and businesses having fewer than 25 parking spaces are exempt from the provisions of this section. DIVISION 15. PROPERTY MAINTENANCE STANDARDS Page 3 - 77 Page 3 - 78 I I I I I I I I I I I I I I I I I I I Section 3-1501. Purpose. The purpose of this division is to protect the comfort, health, repose, safety and general welfare of the citizens of the city by establishing minimum property and building maintenance standards for all properties and to provide for the abatement of nuisances affecting the general public. Section 3-1502. Property maintenance requirements. A. Minimum building and fire code requirements. All buildings shall be maintained in accordance with the Standard Building Code, the Fire Protection Code, and the Minimum Standard Housing Code as provided in Chapter 47 and 49 of the City's Code. B. Exterior surfaces. All building walls shall be maintained in a secure and attractive manner. All defective structural and decorative elements of any building wall shall be repaired or replaced in a workmanlike manner to match as closely as possible the original materials and construction of the building. All exterior surfaces shall be free of: I. Mildew; 2. Rust; 3. Loose material, including peeling paint; and 4. Patching, painting or resurfacing shall be accomplished to match the existing or adjacent surfaces as to materials, color, bond and joining. All cornices, trim and window frames that are damaged, sagging or otherwise deteriorated shall be repaired or replaced to be made structurally sound. All exterior surfaces other than decay- resistant wood and other weather durable finishes, shall be protected from the elements by paint or other protective covering applied and maintained according to manufacturer's specifications and otherwise treated in a consistent manner. C. Door and window openings. I. All windows and doors shall be secured in a tight fitting and weatherproof manner and have sashes of proper size and design. 3. Sashes with rotten wood, broken joints or deteriorated mullions or muntins must be repaired or replaced. 4. Ground level storefront windows facing a public right-of-way shall be maintained in an unbroken, and clean state. No window facing the public right-of-way shall 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 any upper floors and the building facade in general. All damaged I I I I I I I I I I I I I I I I I I I or broken storefront windows shall be promptly restored, repaired or replaced. All awnings or canopies facing or visible from the public right-of-way shall be maintained in a good and attractive condition and torn, loose and/or bleached awnings shall be promptly replaced, repaired or removed. 5. Doors and windows not facing the public right-of-way and upper level window and door openings fronting a public right of way shall be similarly maintained and repaired as the doors and windows facing the public right-of-way, except that such doors and windows may be enclosed or removed provided the sills, lintels and frames are removed and the opening properly closed to match and be compatible with the design, material and finish of the adjoining wall of which the opening is a part. D. Roofs. 1. All roofs shall be maintained in a safe, secure and watertight condition. 2. Any new mechanical equipment, including replacement equipment placed on a roof, shall be so located as to be screened from view from the public right-of-way at street level from adjoining properties. 3. Roofs shall be maintained in a clean, mildew-free condition and kept free of trash, loose shingles and debris or any other element, including grass or weeds, which is not a permanent part of the building or a functional element of its mechanical or electrical system. 4. Tile roofs with peeling paint shall be repainted or have the paint removed. 5. Any false roof, mansard or similar roof element or other auxiliary structure on the roof shall be finished and maintained in a condition comparable to and compatible with the exterior side of the building wall to which the roof element abuts. E. Auxiliary and appurtenant structures. 1 . Chimneys and elevator shafts, and mechanical and electrical structures shall 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. 2. Freestanding walls and fences shall be maintained in accordance with the provisions of section 3-808 of this development code. 3. Fountains and other amenities shall be maintained in good working order and all structural components shall be maintained in a satisfactory state of repair, free of chipping, pitting, cracking, discoloration, peeling or fading. Page 3 - 79 F. Exterior storage and display/ nonresidential properties. 1. All equipment, materials and merchandise shall be stored and located at all times within an enclosed structure and no exterior storage of merchandise for sale shall be permitted unless expressly authorized pursuant to the provisions of this development code. 2. Garbage and trash shall be deposited only in dumpsters or cans or other receptacles specifically manufactured and intended for such purpose and secured at all times with a tight fitting cover or lid. G. Exterior storage and display for residential properties. 1. As provided in section 3-9-l-l- 912 of this development code, outdoor storage is prohibited nor may goods and materials be stored in any manner which is visible from the public right-of-way or from abutting properties. 2. Equipment, materials or furnishings not designed for use outdoors, such as automobile parts and tires, building materials, and interior furniture, may not be stored outdoors. 3. Construction materials, unless such materials are related to an active building permit related to the property on which the materials are located, may not be stored outdoors on a residentially zoned property. 4. Bulk items intended for pick up by the city may not be placed at the curb more than 24 hours prior to the scheduled pick up. H. Yards and landscape areas. 1. All required landscaping materials shall be maintained in accordance with the provisions of Article 3, Division 12. 2. Any portion of a lot not covered by a building or structure or otherwise devoted to parking, a service drive or a walkway shall be landscaped with grass or other appropriate ground cover and shall be ~aintained in a neat and orderly manner. 3. All landscape materials, including turf, shrubs, and trees, whether required or optional, shall be maintained in a healthy live condition so as to present a neat and attractive appearance and so as to discourage the accumulation of trash or debris and/or infestation by pests. 4. No yard, landscape area or growth of landscape material shall encroach upon the public right-of-way so as to hinder safe and convenient vehicular or pedestrian movement in the public right-of-way. Page 3 - 80 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5. No yard shall be used for dumping or accumulation of any garbage, rubbish, dead animals, trash, waste vegetable or animal matter of any kind or construction debris. 1. Signs. All signs shall be maintained in good condition in the form in which the signs were originally approved, free of mildew, rust, loose material, including peeling or fading paint or materials. Any loose, broken, peeling or faded parts of the sign shall be promptly repaired, painted or replaced. 1. Vacant parcels. I. Vacant parcels ofland shall be properly maintained consistent with section 3- 1502(H) and be free of weeds, litter, rubble or debris. 2. Erosion and siltation mitigation measures may be required if it is determined that runoff from a vacant parcel causes harm to adjacent property, city drainage systems or navigable waters which receive the runoff 3. No temporary or permanent storage of materials or equipment shall be allowed on any vacant parcel except in compliance with the regulations for the use of such property as set forth under Article 2 and Article 3 Division 9 of this Development Code. K. Public rights-aI-way and sidewalks and parking surfaces. 1. Public rights-of-way and sidewalks adjoining an improved parcel ofland which, because of its location and character, is used as if it were appurtenant to or an extension of the parcel of land, shall be maintained in a safe and clean condition by the owner of the parcel ofland. The owner shall, at a minimum, keep such rights- of-way and sidewalks clear of litter, trash, debris, equipment, weeds, trees, shrubs and other vegetation and refuse and provide a height clearance of at least eight feet from the sidewalk pavement measured vertically from the pavement surface, unless an exception has been granted by the urban forester for protected trees. All unpaved areas shall be landscaped with grass or other ground cover and such areas shall be regularly mowed or otherwise maintained in a neat and attractive condition. 2. No person shall erect, place or locate any structure, display materials, merchandise, or similar objects within the limits of any street right-of-way unless specifically permitted pursuant to the provisions of this Development Code. 3. No trash receptacles, newspaper racks or other dispensing machines shall be located in a public right-of-way unless specifically authorized by the city and other applicable agencies. 4. Parking lot surfaces shall be maintained in a safe and clean condition by the owner of the parcel of land. The owner shall, at a minimum, keep such surface free of Q.Q1 Page 3 - 81 holes. litter, trash, debris, equipment, weeds, deed-dead vegetation and refuse and shall promptly repair cracked or heaved parking lot surfaces. 5. All sidewalks located on private property shall be maintained in a safe and clean condition by the owner of the parcel of land. The owner shall, at a minimum, keep sidewalks clear of litter, trash, debris, equipment, weeds, dead vegetation and refuse. Sidewalks that are cracked, heaved or otherwise unsafe for pedestrians shall be promptly replaced. Section 3-1503. Nuisances. A. No person owning, leasing, operating, occupying or having control of any premises within the city shall maintain, keep or permit any nuisance affecting the citizens of the city. B. The existence of any of the following specific conditions or conduct is hereby declared to constitute a public nuisance: 1. A condition or use that causes a substantial diminution of value of property in the vicinity of the condition or use. 2. Buildings which are abandoned, boarded up for a period of six months, partially destroyed for any period of time, or left for a period of three months in a state of partial construction, provided that any unfinished building or structure which has been under construction three years six months or more shall be deemed and presumed to have been left for an unreasonably long period of time in the sense of this subsection. 3. Any attractive nuisance dangerous to children in the form of abandoned or broken equipment, accessible artificial bodies of water, excavations, or neglected machinery . 4. Overt blocking of drainage pipes, ditches, channels, and streams, so as to cause flooding and adversely affect surrounding property. 5. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation or untended . and/or unfenced swimming pools, or hazardous trees upon any property to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a breeding place for flies, mosquitoes, or wood-destroying insects, or otherwise threatens the public health, safety or welfare. 6. Except as provided in section 3-1506, the outdoor storage of all or part of any dismantled, partially dismantled, inoperative or discarded vehicle, recreational vehicle, machinery, appliance. farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or scrap metal, on any public or private property within the city limits. This provision shall not apply to Page 3 - 82 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I any vehicle, recreational vehicle, machinery, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, or bicycle, which is located on the premises of a lawfully established storage yard or which is on the premises of a lawfully established vehicle service establishment and is in the process of repair or maintenance by that establishment. 7. Excessive growth or accumulation of weeds, grass, undergrowth or other similar plant materials, reaching a height of more than twelve (12) inches, or the accumulation of debris upon property within the City of Clearwater. 8. The lack of maintenance by a property owner of property abutting any dedicated right-of-way in the City in a condition such that weeds or trash are found in and on the right-of-way or such that the weeds or trash extend over the sidewalk, bicycle path, curbline or edge of pavement of an improved right-of-way by more than four inches (4"). 9. Any other condition or use that constitutes a nuisance to the public, generally, which is continually or repeatedly maintained, the abatement of which would be in the best interest of the health, safety and welfare of the citizens of the city. 10. The lack of maintenance by a property owner abutting any dedicated right-of-way in the City where a height clearance of less than eight feet (8') from the sidewalk pavement measured vertically from the pavement surface is maintained. unless an exception has been granted by the Urban Forestor. 11. Any shopping carts. as defined in Florida Statues Section 506.502(10). as amended from time to time. or parts of such carts. which are abandoned on public property including but not limited to streets. sidewalks. public rights-of-way. bus stops. municipal parking lots. parks. and similar places owned. leased. or operated by any public body. or are abandoned on private property where said carts or parts thereof are visible from public property may be removed by the city manager or designee. Such shopping carts or parts thereof shall be impounded and stored by the city at an appropriate location. Whenever the city shall impound a shopping cart of part thereof containing identification of ownership or right to possession. a notice shall be sent by ordinary mail to such person advising that the shopping cart of part thereof may be redeemed within thirty days upon payment of costs for removal and storage. Any shopping cart or part thereof so held shall be returned to its owner or person having right of possession upon proof of ownership or right to possession and payment of costs for removal and storage. If not claimed. a shopping cart or part thereof may be sold. destroyed. or otherwise disposed of by the City thirty-one days following impoundment. This section shall not be applicable to: a. Shopping carts or parts thereof which are located on private property and are completely enclosed within a building where they are not visible from public property; Page 3 - 83 b. Shopping carts which are stored in a lawful manner on public or private property owned or leased by a retail business in connection with which the shopping carts are authorized to be used: c. Shopping carts or parts thereof which are stored in a lawful manner on private property in connection with the business of a licensed dismantler or iunk dealer when such storage is necessary to the operation of a lawfully conducted business. 12. Newsracks and vending machines. Any newsrack or vending machine installed. used or maintained at a location which constitutes an imminent danger or safety hazard to pedestrians or vehicles or otherwise unreasonably interferes with the safe use of any public right-of-way Section 3-1504. Graffiti prohibited; removal required. A. No person may paint, draw, or otherwise apply graffiti to any wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. B. Graffiti found upon privately-owned property within the city shall be removed by the property owner or, if the owner is not in possession of the property, by the tenant or any adult person acting as the agent or property manager for the owner or the tenant, within ten calendar days following service of notice to such person of the existence of graffiti upon such property. C. Graffiti found upon city-owned public property shall be removed by the appropriate city department within ten calendar days following discovery of the existence of such graffiti. If graffiti is found upon public property not owned by the city, the city manager shall give notice of such graffiti to the owner and shall request the prompt removal of the graffiti. Section 3-1505. (Reserved Section) Section 3-1506. Exceptions. A. Notwithstanding the provisions of section 3 1505, an inoperati";e motor "..chiclc, boat, trailer or other material wmch otherwise would be defined as debris may be kept upon nonresidential property so long as such material is screened from view from adjacent properties and public rights of way. B-:- The provisions of section 3-1505, relating to weeds, undergrowth or similar plant material shall not apply to the following: A -l-. Any lands within the incorporated area of the city which are over five acres in area and in an undeveloped state; as used in this paragraph, the term "undeveloped state II shall mean land which is in a natural state and land which has never been cut or mowed; Page 3 - 84 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I! ~. Wetlands and environmentally sensitive areas as designated in the city's comprehensive plan; r. ;. Any parcel of land within the incorporated area of the city which is undeveloped and which is primarily in a natural state of vegetation, and which is not otherwise in violation of section 3-1505. Section 3-1507. Inoperative vehicles on public property. A. The keeping, storing, or parking of an inoperative vehicle on any public property is hereby declared to be a nuisance. It shall be unlawful for any person to keep, store, park, or allow to remain on public property any inoperative vehicle. B. This section may be enforced by any law enforcement officer, traffic infraction enforcement officer, or code enforcement inspector certified as a parking enforcement specialist. A law enforcement officer, traffic infraction enforcement officer, or code enforcement officer certified as a parking enforcement specialist is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement officer who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions ofF.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. C. The provisions of section 3-1505 shall not apply to abandoned or inoperative motor vehicles or boats found upon the public streets or public property within the city, which shall be subject to the notice and removal procedures set forth in F.S. 99705.102 through 705.104. Section 3-1508. Noise. A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise, which term shall mean any sound which because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes the kinds of noise generated by the activities enumerated in subsection C but not including activities enumerated in subsection E of this section. B. It shall be unlawful for any person to cause loud and raucous noise to be heard upon the public streets, in any public park, in any school or public building or grounds thereof, in any church or hospital or the grounds thereof, in any parking lot, or in any occupied residential dwelling and in any event from a location not less than 50 feet from the source Page 3 - 85 of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other nOIse source. c. The following noises shall be deemed loud and raucous and are declared to be public nuisances in violation of this section: 1. Engine exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which substantially diminishes the volume of the sound of the exhaust. 2. Pile drivers, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. on any day or at any time on Sunday, of any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist or other heavy equipment. 3. Blowers, etc. The operation of any blower or power fan or any internal combustion engine, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device which substantially diminishes the volume of the sound of the exhaust. 4. Horns, signaling devices, etc. The repeated sounding of any horn, whistle or other audible signaling device. 5. Radios, amplifiers, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound such that speech or music emitted by the device is identifiable in terms of words or melody at a distance in any direction of greater than 100 feet during wind conditions of less than 15 miles per hour. 6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or other device for amplifying sound shall be operated or permitted to operate within the city such that speech or music emitted by the device is identifiable in terms of words or melody at a distance in any direction of greater than 100 feet during wind conditions of less than 15 miles per hour. 7. Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. on any day. 8. Animals, birds, etc. The keeping of any animal or bird which habitually makes loud nOIses. 9. Defect in vehicle or load. The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other noise or disturbance which is not equipped with a muffler. Page 3 - 86 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 10. Construction or repairing of buildings. The erection including excavating, demolition, alteration or repair of any building so as to create a loud and raucous noise other than between the hours of7:00 a.m. and 6:00 p.m. on any day or at any time on Sunday, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the building official, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the building official should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, he may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work. 11. Commercial deliveries on property adjacent to residential property. Deliveries of goods and materials to commercial property adjacent to residentially zoned property other than between the hours of7:00 a.m. and 9:00 p.m. 12. bewn Property maintenance equipment. The use oflawft property maintenance equipment on any property adjacent to residentially zoned property other than between the hours of7:00 a.m. and 9:00 p.m. 13. Noises heard within schools, public buildings, churches, hospitals. The creation of any noise which when heard in a school, public building, church or hospital, or the grounds thereof, interferes with the workings of such institution, or which disturbs or annoys patients in the hospital. 14. Noises to attract attention. The use of any drum or other instrument or device to attract attention. D. Persons responsible. Any person, owner, agent or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of a device or machine creating noise as prohibited in this section shall be subject to enforcement of the provision of this division. E. Exceptions. The term "loud and raucous noise" does not include noise or sound generated by the following: 1. Cries for emergency assistance and warning calls; 2. Radios, sirens, horns and bells on police, fire and other emergency response vehicles; Page 3 - 87 3. Parades, fireworks displays, outdoor music performances and other special events for which a permit has been obtained from the City, within such hours as may be imposed as a condition for the issuance of the permit; 4. Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent; 5. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm; 6. Religious worship activities, including but not limited to bells and organs; 7. Locomotives and other railroad equipment, and aircraft. DIVISION 16. RECREATIONAL VEIDCLE PARKS Section 3-1601. Purpose. It is the purpose of this division to provide appropriate development regulations for recreational vehicle parks. Section 3-1602. Location and occupancy. Recreational vehicle parks shall be located in the Commercial District "c" as identified in Article 2 of this development code. Under no circumstance shall any recreational vehicle occupy a vehicle space within a recreational vehicle park for more than 180 consecutive days. Section 3-1603. Standards. A. Dimensional and numerical development requirements. The following dimensional and numerical development requirements shall apply to recreational vehicle parks: 1. Maximum park density: 11.5 vehicle spaces per gross acre. 2. Minimum park area: Five acres. 3. Minimum park width at setback line: 100 feet. 4. Minimum park depth: 200 feet. 5. Minimum park vehicular drive widths: Page 3 - 88 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I a. One-way drives shall have a minimum easement width of 20 feet and be provided with an improved travel surface having a width of not less than 12 feet. b. Two-way drives shall have a minimum easement width of32 feet and be provided with an improved travel surface having a width of not less than 24 feet. All vehicular drives shall be constructed in accord with specifications established by the city engineer. B. Off-street parking: There shall be a minimum of one off-street parking space for visitors per ten vehicle sites within the park. C. Recreation area: At least one recreation area shall be provided within the park, such area to be designed and improved to serve the recreational needs of the park occupants and to contain not less than 100 square feet per vehicle site within the park. D. Minimum separation, or setback, distances: 1. No recreational vehicle shall be located closer than ten feet to any other recreational vehicle or closer than 40 feet to any street right-of-way. 2. Minimum vehicle site area: 2,000 square feet. 3 . Minimum vehicle site width: 25 feet. 4. Minimum vehicle site depth: 40 feet. DIVISION 17. SIDEWALKS Section 3-1701. Sidewalks required: new construction and major alterations or additions. A. Generally. To provide protection from traffic and other similar dangers, to provide areas which can be used by pedestrian traffic and to promote the general welfare and safety of the public, all development that abuts a public right-of-way shall provide a sidewalk or sidewalks constructed on, across or adjacent thereto as provided in this division. B. Plan considerations. Except as provided in subsection E hereof, in order to secure a building permit to erect a structure on vacant land, remodel an existing structure where such remodeling will exceed by 50 percent the assessed valuation of the property, or add an additional building or structure to land where a building or structure already exists and where the value of such additional building or structure will exceed by 50 percent the assessed valuation of the property, where a sidewalk does not exist, an applicant for Page 3 - 89 development approval shall provide for construction of a sidewalk either in an easement where the property is abutting the public right-of-way, or upon such right-of-way. The building official, when reviewing the building plans and specifications, shall coordinate with the city engineer to insure that the plans meet all city sidewalk construction specifications and provide desirable, convenient and safe pedestrian routes. C. Specifications and construction. The design, materials, width and location of sidewalks shall be in accordance with city standards as established by the city engineer. D. Schedule of completion. Sidewalk construction shall be required to be completed at the property owner's expense before the building official may issue a certificate of occupancy for any building or structure for which sidewalks are required. E. Exceptions. The community development coordinator may grant an exception under one of the following conditions: 1. If the natural topographical conditions; existing ditches, tree location, inadequate right-of-way or other similar physical conditions peculiar to the premises exist to prevent the reasonable construction of a sidewalk, or 2. The property owner can demonstrate that the subject property would have the only sidewalk within 200 feet of the property on the streets which the property abuts, and that such sidewalk would not form a part of a route leading to a school or public park, and that the absence of a sidewalk would not create an imminent pedestrian hazard by reason of the proximity of the property to motor vehicle traffic. 3. If the property owner qualifies for an exception, the property owner shall pay a fee in lieu of constructing the sidewalk to be used to construct a sidewalk at a future date. The fee will consist of the cost of the sidewalk construction which is excepted as indicated in the city's most recent contract for sidewalk construction plus ten percent for handling and record keeping. DIVISION 18. SIGNS Section 3-1801. General principles. The city is a resort community on the west coast of the state with more than five miles of beaches on the Gulf of Mexico. This city has an economic base which relies heavily on tourism. In order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive urban environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations are prepared with the intent of enhancing the urban environment and promoting the continued well-being of the city. Page 3 - 90 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Section 3-1802. Purpose. It is the purpose of this division to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements. These sign regulations are intended to: A. Enable the identification of places of residence and business. B. Allow for the communication of information necessary for the conduct of commerce. C. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. D. Enhance the attractiveness and economic well-being of the city as a place to live, vacation and conduct business. E. Protect the public from the dangers of unsafe signs. F. Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or SignS. G. Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain. H. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. I. Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains. 1. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. K. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. L. Require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Preserve and enhance the natural and scenic characteristics of this waterfront resort community. Page 3 - 91 Page 3 - 92 I I I I I I I I I I I I I I I I I I I Section 3-1803. Prohibited signs. The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division 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. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatable, streamers, and strings ef pennants, except where allowed as governmental and public purpose signs for special events oflimited time and frequency, as approved by the city manager or the city commission. C. Bench signs, other than the identification of the transit company or its route schedule. D. Except as provided in section 3-1806(B)(4), changeable message signs, except menu and time and temperature signs, on which the message changes more rapidly than once every M Q hours. E. Menu signs on which the message changes more rapidly than once every three hours. F. Pavement markings, except official traffic-control markings and street addresses. G. Portable signs. H. Roof and above roof signs. I. Sandwich board signs, except in the Downtown District. J. Signs attached to or painted on piers or seawalls, other than official regulatory or warnmg SIgns. K. Signs in or upon any river, bay, lake, or other body of water. L. Signs located on publicly owned land or easements or inside street rights-of-way, except signs required or erected by permission of the city manger or city commission, signs or transit shelters erected pursuant to section 3-2203, and sandwich board signs to the extent permitted in the downtown district. 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. I I I I I I I I I I I I I I I I I I I M. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. N. Signs that have un shielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. o. Signs that move, revolve, twirl, rotate, flash, including animated signs, multi-prism signs, floodlights and beacon lights except when required by the F ederal Aviation Agency or other governmental agency. P. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. Q. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. R. Signs attached to or placed on any tree or other vegetation. S. 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. T. Snipe signs. U. Temporary window signs in residential districts. V. Three-dimensional objects that are used as signs. W. Time and temperature signs in which the message changes more rapidly than once every 15 seconds. x. Vehicle signs and portable trailer signs. Y. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this development code. Section 3-1804. General standards. A. Setback. No sign shall be located within !eft five feet of a property line of a parcel proposed for development. B. Neon signs and lighting. Neon signs and lighting shall be permitted as freestanding and attached signage as provided in this division. When neon lighting is utilized to emphasize Page 3 - 93 the architectural features of a building, such as when used to outline doorways, windows, facades, or architectural detailing, or when used to accentuate site landscaping, it shall not be regarded as signage. In addition, neon lighting used as freestanding designs or murals or as attached murals or designs unrelated to the architectural features of the building to which the lighting is attached shall be permitted, but shall be counted toward the allowable area of the property's or occupancy's freestanding or attached signage, as applicable. I I I I I I I I I I I I I I I I I I I c. Illuminated signs. 1. The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. 2. No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction. 3. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. 4. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 5. The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports or awnings, are illuminated by such lighting. D. Banners and flags. A banner or flag may be used as a permitted freestanding or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. E. Gasolineprice signs. Gasoline price display signs shall be allowed in all non-residential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy or they shall be attached to the primary freestanding sign for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. F. Time and temperature. Time and temperature signs shall be allowed in all non-residential districts. The maximum area for the time and temperature portion only shall be 20 square feet. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. G. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. Page 3 - 94 I I I I I I I I I I I I I I I I I I I I Section 3-1805. Signs permitted without development re"liew a Dennit. The following signs may be developed without development review pursuant to Article 4 of this development code: A. One address sign of no more than two square feet of total sign face area for each parcel of land used for residential purposes and no more than three square feet of total sign face area for each parcel of land used for commercial purposes. B. Art work and/or architectural detail. C. Temporary signs of no more than 12 square feet in total sign face area which are related to a grand opening or a periodic event occurring no more frequently than one time per year and which event is conducted in conjunction with the principal use of the parcel proposed for development and which signs are displayed no more than 30 days in advance of the event and no more than five days after completion of the event. Other special event and/or public purpose signs of a temporary nature may be approved on a case by case basis. The type of sign, size, design and length of display will be determined by the community development coordinator. D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One construction sign located on a parcel proposed for development during the period a building permit is in force or one year, whichever is less, which sign shall not exceed: 1. Sixteen square feet of total sign face area for parcels ofland used or proposed to be used for residential purposes; 2. Twenty-four square feet of total sign face area for parcels ofland used or proposed to be used for multifamily or non-residential purposes. G. One flag per detached dwelling unit, three additional flags per parcel of land used for multifamily residential purposes, and three flags per parcel of land used for non-residential purposes. H. One garage and yard sale sign of no more than four square feet of total sign face area located on the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. In addition, no more than two directional signs of no more than four square feet of total sign face area per sign related to a garage or yard sale which are located on privately owned parcels of land other than the parcel of land where the garage or Page 3 - 95 M. N. O. yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. I I I I I I I I I I I I I I I I I I I I. Signs which are integral and incidental to equipment, or machinery and cover not more than 20 percent of the exterior surface of such equipment, facilities or machinery . 1. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 16 square feet in area and 6 feet in height located in the rear of the principal building. K. Onsite directional and traffic control signs of no more than four square feet of sign face area provided that business logos or other non-traffic control symbols do not exceed 25 percent of the sign face area. L. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half square foot of sign face area per sign. Signs identifying marina slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one square feet of sign face area per sign. One temporary yard sign for each road frontage per parcel of land provided that such signs are displayed for a period of time of 80 longer dum 60 days and no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each sign does not exceed six square feet of total sign face area on parcels of land designated or used for residential purposes. One freestanding real estate sign per parcel of land indicating that a parcel of land or a building located on the parcel of land or part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign does not exceed: 1. Six square feet of total sign face area on parcels of land designated or used for residential purposes, and 2. Thirty-two square feet of total sign face area on parcels ofland designated or used for non-residential purposes. In the event that more than one dwelling unit or non-residential space on a single parcel of land is for sale, for lease or otherwise available, one attached sign per dwelling or space of no more than two square feet in total sign face area in addition to the permitted freestanding signage. In addition, one freestanding Page 3 - 96 I I I I I I I I I I I I I I I I I I I waterfront sign of no more four square feet of total sign area for each waterfront parcelofland. P. Signs located within a stadium which are not visible from outside of a stadium. Q. Window signs which occupy less than 20 percent of the total area of the window where the sign is located or four square feet, whichever is less. R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. A change in a sign message on a previously approved, lawful sign. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels. each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel. rate/embarking schedules. or other information. Such sign shall be in addition to marina vessel Signs. Section 3-1806. Permitted signs requiring development review. A. Residential. The following signs shall be permitted in all residential zoning districts: 1. Freestanding subdivision development entry signs. a. One freestanding entry sign for each entrance into a platted subdivision of no more than 24 square feet of total sign face per sign or two signs per subdivisioA. of no more thaA. 24 square feet of total sigA. face per sign, ......hichever is less. b. The height of a freestanding sign shall not exceed six feet. 2. Freestanding multifamily entry fJI' sign. a. One freestanding identity sign per entrance into a multifamily development of no more than 12 square feet of total sign face per sign, or t\VO signs of no more than. 12 square feet of total sign face per sign per multifamily development, '.vAichever is less. b. The height of a freestanding sign shall not exceed six feet. c. A freestanding identity sign shall include the address of the property on which the sign is to be located. Page 3 - 97 Page 3 - 98 I I I I I I I I I I I I I I I I I I I 3. School and park identification monument signs. a. One monument entry sign for each maior entry into a school or a park of no more than twenty (20) square feet of total sign face per sign. b. The height of a monument sign shall not exceed five (5) feet. c. All monument signs shall be installed in a landscaped area of not less than twelve (12) square feet and shall include the address of the property on which the sign is to be located. B. Non-residential. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sign faces. A parcel located at a comer may be permitted two (2) signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. c. The area of a freestanding sign face shall not exceed: 1. One square foot per two linear feet of street frontage; 11. One square foot per 100 square feet of building facade facing street frontage; or Ill. Sixty-four square feet; whichever is less. However. a minimum of ten (10) square feetper parcel proposed for development shall be allowed. d. The total area of all sign faces on a freestanding sign shall not exceed 128 square feet per parcel proposed for development. e. The height of a freestanding sign shall not exceed one and one-half times the width of the sign structure or 14 feet whichever is less. I I I I " I I I I I I I I I I I I I I I f All freestanding sign structures shall be installed in a landscaped area of not less than twelve (12) square feet and shall include the address of the property on which the sign is to be located. g. A monument sign. not exceeding the area of a permitted freestanding sign by more than 25%. shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six (6) feet in height. shall be located at least five (5) feet from a property line and shall be placed in a landscaped setting no less than twelve (12) square feet in area. Business logos or other symbols shall Rot exceed 25 pcrecRt of aay sign face. 2. Monument Signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a comer may be permitted two (2) signs. one on each street frontage. provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five (5) feet from the property lines. c. The area of a monument sign face shall not exceed: 1. One square foot per two linear feet of street frontage: 11. One square foot per 100 square feet of building facade facing street frontage: or 1lI. Twenty (20) square feet. whichever is less. However. a minimum often (10) square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed forty (40) square feet per parcel proposed for development. e. The height of a monument sign shall not exceed four (4) feet. f All monument sign structures shall be installed in a landscaped area of not less than twelve (12) square feet. Page 3 - 99 2,}.. ~~. 4~. 6. Attached signs. The following signs shall be permitted in all non-residential districts: I I I I I I I I I I I I I I I I I I I a. One attached sign per business establishment. The area of an attached sign face shall not exceed: 1. One square foot per 100 square feet of building facade facing the street frontage; or 11, Twenty-four square feet; whichever is less. However, a minimum of ten (10) square feet per business establishment with a principal exterior entrance shall be allowed, b. Where individual building establishments are located in a single building or in multiple buildings which are attached, attached signs shall be designed according to a common theme but be sufficiently different in style, color, materials or other characteristic to avoid a sense of uniformity or sameness. c. Business logos or other symbols shall not exceed 25 percent of any attached sign face. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this Development Code, subject to the following restrictions: a. The advertising contained in the transit shelter shall be limited to the "downstream" end wall (furthest from approaching transit vehicles) for a two-sided or flared and secured panel. b. Lighting of advertising materials shall be limited to back-lighting. c. No advertising poster shall exceed 24 square feet in area, or be greater than six feet in height and four feet in width. d. The total number of transit shelters containing advertising shall not exceed 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14,1992. Changeable copy signs providedffig located on public property serving a significant public purpose. Nonconforming uses. Any nonconforming use. which would be entitled to a sign if it were conforming. shall be permitted to erect the maximum amount of allowable signage in the district in which the use is located. Page 3 - 100 I I I I I I I I I I I I I I I I I I I Section 3-1807. Comprehensive sign program. A. General principles. 1. The intent of the comprehensive sign program is to provide private property owners and businesses with flexibility to develop innovative, creative and effective signage and to improve the aesthetics of the City of Clearwater. 2. The minimum sign standards established in this division ensure that signage will not have an adverse impact on the aesthetics, community character and quality of life of the City of Clearwater. The city recognizes, however, that in many circumstances, there are innovative and creative alternatives to minimum standard signage which are desirable and attractive and will enhance community character and individual property values. 3. The purpose of the comprehensive sign program is to provide an alternative to minimum standard signage subject to flexibility criteria which ensure that alternative signage will not have an adverse impact on the aesthetics, community character and quality of life of the City of Clearwater. B. Permitted signage. Signage which is proposed as a part of a comprehensive sign program may deviate from the minimum sign standards in terms of numbers of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in section 3-1807(C). A comprehensive sign program shall be approved as a part ofa level one or level two approval, as the case may be. Prior to the submission of a comprehensive sign program application. the applicant shall participate in a mandatory pre-application conference with the Community Development Coordinator to review the applicant's proposed signage. C. Flexibility criteria. 1. Architectural theme. a. The signs proposed in a comprehensive sign program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development and shall be constructed of materials and colors which reflect an integrated architectural vocabulary for the parcel proposed for development; or b. The design, character, location and/or materials of the signs proposed in a comprehensive sign program shall be demonstrably more attractive than signs otherwise permitted on the parcel proposed for development under the minimum sign standards. Page 3 - 101 Page 3 - 102 I I I I I I I I I I I I I I I I I I I 2. Height. The maximum height of all signs proposed in a comprehensive sign program is fourteen (14) feet provided however that a single attached sign with a sign face of no more than 12 square feet may be erected up to the height of the principal building. 3. Lighting. Any lighting proposed as a part of a comprehensive sign program is automatically controlled so that the lighting is turned off at 12 midnight or when the business is closed, whichever is later. 4. Total area of sign faces. The total area of sign faces which are proposed as a part of a comprehensive sign program shall not exceed two times the total area of sign faces permitted under the minimum sign standards on the parcel proposed for development. 5. Community character. The sign age proposed in a comprehensive sign program shall not have an adverse impact on the community character of the City of Clearwater. 6. Property values. The signage proposed in a comprehensive sign program will not have an adverse impact on the value of property in the immediate vicinity of the parcel proposed for development. 7. Elimination of unattractive signage. The signage proposed in a comprehensive sign program will result in the elimination of existing unattractive signage or will result in an improvement to the appearance of the parcel proposed for development in comparison to signs otherwise permitted under the minimum sign standards. 8. Special area or scenic corridor plan. The signage proposed in a comprehensive sign program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. DIVISION 19. SUBDIVISION DESIGN STANDARDS Section 3-1901. General principles. A. The principles and standards contained in this division shall guide the city in the review of proposed subdivision and condominium plats. B. Land with features which may present a hazard to the safety of present or future inhabitants of the area to be platted or of adjacent property shall not be developed unless adequate methods are formulated by the applicant, and approved by the city, to solve the problems created by such unsuitable land conditions. I I I I I I I I I I I I I I I I I I I C. Land which cannot be provided with adequate streets, water supply, sanitary sewer service, storm drainage facilities or other essential public services shall not be platted for purposes which require such services. D. The proposed name of the plat shall not duplicate, or too closely approximate phonetically, the name of any other plat in the county. Section 3-1902. Blocks. A. The length, width and shape of blocks shall be determined with due regard to the following: 1 . Provision of adequate building sites suitable for the type of use and building contemplated. 2. Zoning requirements as to lot sizes and dimensions. 3. Need for and ability to achieve convenient traffic access and circulation. 4. Limitations and opportunities of topography and the environment. B. Blocks shall not be less than 500 feet and not more than 1,200 feet in length. C. In blocks of 800 feet or more in length, a public crosswalk for pedestrian travel may be required to provide access to public and private facilities. Such crosswalk shall have an easement width of not less than ten feet and extend entirely across the block at a location determined acceptable to the city engineer and constructed in accordance with the requirements for sidewalk improvements. D. Blocks shall be wide enough to allow two rows of lots except where double frontage lots are provided adjacent to arterial streets and highways. Such double frontage lots shall be afforded a depth consistent with the terms contained in Article 2 of this Development Code. E. Irregularly shaped blocks are encouraged provided they are harmonious with the overall pattern of blocks in the proposed plat, are designed to be consistent with all zoning requirements for lot standards, and are reflective of traffic flow and control considerations. Section 3-1903. Lots. A. Every lot shall have direct access to an approved street which is not less than the approved right-of-way width for the functional classification of the street. B. The size, shape and orientation oflots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Page 3 - 103 Page 3 - 104 I I I I I I I I I I I I I I I I I I I C. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other physical or environmental conditions, in securing building permits to build on all lots in compliance with the provisions of Article 2 and in providing driveway access to buildings on such lots from an approved street. D. Lot dimensions shall comply with the minimum standards of Article 2 of this Development Code. E. In general, side lot lines shall be at right angles to street lines and radial to curving street lines unless variation from this rule will provide a better street or lot plan in the judgment of the city. F. Depth and width of properties reserved or laid out for office, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in Article 3. Platting of individual lots shall consider and be reviewed in part on the overall design of the land to be used for such purposes. G. Where lots are more than double the minimum required area for the zoning district in which the subdivision is located, the city may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots. H. Double frontage lots on streets which are approximately parallel shall be avoided except where necessary to separate residential development from arterial roadways or to overcome disadvantages of topography and orientation. 1. If double frontage lots are unavoidable, the primary frontage of such lots shall, where feasible, be on interior platted streets and shall be so designated on the subdivision plat. A landscaped buffer shall be provided along the secondary street frontage to afford screening of sight and sound and to prevent vehicular access to the double frontage lots from the secondary frontage. If the landscape buffer incorporates the use of a fence or wall, access for maintenance purposes shall be provided to the secondary street from each lot. 1. Flag lots shall comply with the provisions of Section 3-105. Section 3-1904. Streets--Generally. A. The functional classification, arrangement, character, extent, width and location of all streets shall conform to the thoroughfare element of the comprehensive plan and shall be considered in their relation to existing and planned streets, topographical and environmental conditions, public convenience and safety, and their appropriate relationship to the proposed use of the land to be served by such streets. I I I I I I I' I I I I I I I I I I I I B. Streets shall be classified according to the following as is appropriate and provide the minimum right-of-way and lane designation as noted for each classification: Category Right-of-Way Number & Number Sidewalks Other (Feet) Type of Homes Requirements of Lanes Limited access 200 plus 40 ft. 6-lane expressway Drainage and di videdllimited utility access easement/each side Major arterial 120 6-lane divided Yes 5' Minor arterial 100 5.;.lane with Yes center lane for 5' left turn storage Collector 80 3-lane with Yes center lane for 5' left turn storage Local 60 2-lane Yes 4' Neighborhood 20 14' pavement 1--10 Yes - ifmore No on-street roads (1 way) than 4 homes parking; street (on one side corner to in a row) accommodate fire and garbage trucks Neighborhood Very low 24 (16--20') 1--15 Y es- if more than roads density pavement 4 homes (on one (2 way) side in a row) Low density 30 20--24' 16--25 On street parking pavement permitted on one side of minimum 20' streets (shared drive lane Two way 0 12' pavement 1 No Concrete to be 4" private thick driveway (opening onto residential street only) Page 3 - 105 0 15' pavement 2--4 No Concrete to be 6" thick or asphalt and base to be 6" thick Private streets may be permitted where through street access is inappropriate and sufficient guarantees are provided which, in the determination of the city attorney, ensure that the subdivider and successors in title to the. property being subdivided will be perpetually responsible for the maintenance of the private streets and which shall be designed and constructed according to the same standards for public streets. C. Grading for streets shall be consistent with acceptable design practice and shall involve the minimum disturbance of the original site topography and environment. Combinations of steep grades and curves shall be avoided. D. The arrangement of streets in new subdivisions shall provide for a logical extension of existing dedicated streets where appropriate and shall consider provision for continuation of collector or local streets to adjoining property which has the potential to be similarly subdivided and to existing road systems. E. Major traffic generators such as business districts, high schools, shopping centers, and large multiple-family residential developments shall obtain primary access from streets classified as collectors, arterials or highways. F. Local streets shall be laid out to discourage the use of through or nonresidential traffic, permit efficient drainage and utility systems, and accommodate the width of pavement necessary to provide convenient and safe access to property. Curvilinear streets, cul-de- sacs, and loop streets are encouraged within residential neighborhoods. G. Proposed through streets shall be extended to the boundary lines of the tract to be platted, unless the city has determined that such extension is not necessary or desirable for the coordination of the layout of the plat with the existing system or the most advantageous future development of adjacent tracts. H. Provision should be made for through streets at intervals of approximately one-half mile or less. Offset streets and intersections should be avoided. Outlet streets from a subdivision to an arterial street or highway shall be located to provide sufficient sight distance to view oncoming traffic as determined by the traffic engineer. 1. All streets or street widenings necessitated by this development code shall be dedicated to the city or be established as a private road right-of-way easement. In no case shall instruments be recorded which contain any clause causing reversion to any property except those properties adjacent to such right-of-way. Page 3 - 106 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1. K. If a plat abuts or contains an existing or proposed major or minor arterial street or expressway, the city may preclude individual lot access to such arterial and require a service street or other treatment as may be necessary for adequate protection of individual properties and to afford separation of through and local traffic. If a plat borders on or contains a railroad right-of-way, the city may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard to approach grades and future grade separations. L. Reserve strips controlling access to streets shall be prohibited except where their control is placed with the city. M. Every platted lot or property shall have direct access to an improved street consistent with these street requirements. N. When a local street is to give access to a platted property on one side but abuts unplatted property on the other side, a half-street with not less than a 30-foot right-of-way and 24- foot pavement width and with curb and gutter installed on one side only may be permitted by the city, provided that in its judgment the potential is high for future subdivision of the abutting un subdivided property in a manner required the completion of the balance of the street by that subdivider in accordance with all other applicable standards and provisions of this development code. o. Every subdivision shall be served by an adequate system of publicly dedicated streets or private streets meeting all city standards as specified in this section. All such streets within any subdivision or segments of streets to be built as part of any land development shall be located, platted and built in such a manner that they may be dedicated to the city in accordance with the standards defined in this division. P. Additional right-of-way width and acceleration and deceleration lanes may be required to promote public safety and convenience to reflect unusual conditions, to provide for interchange areas and to ensure adequate and safe traffic access and circulation in high density residential, office, commercial and industrial areas. Q. In a subdivision which abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with these platting regulations shall be required. R. No new subdivision streets will be allowed adjacent to the immediate rear of the existing lots of record, unless no other practical alternative exists. S. All road pavements, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by Page 3 - 107 the city and shall be incorporated into the construction plans required to be submitted by the developer for plat approval. T. Improved bicycle lanes or other bicycle facilities shall be required by the city consistent with the bicycle element of the comprehensive plan. U. A street that continues the alignment of another already existing and named street shall bear the name of the existing street. All street names shall be approved by the city engineer and no name shall be approved which duplicates or is phonetically similar to another street within the city or a surrounding community. Section 3-1905. Intersection and alignment. A. Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at an angle of less than 75 degrees. B. Nonperpendicular streets shall have a perpendicular approach at intersections of at least 100 feet. No more than two streets shall intersection at anyone point. C. Where collector or arterial streets intersect other collector or arterial streets, the curb radius at the intersection measured to back of curb shall not be less than 35 feet. D. Local street intersections shall have a curb radius measured to back of curb of not less than 30 feet. E. Proposed new intersections with an existing street shall, whenever appropriate and practical, aligned with any existing intersection on the opposite side of the street. When exact alignment is not possible, a minimum distance between the centerline of the two intersecting streets shall be 1 00 feet. F. Intersections shall be designed with grades as level as possible, consistent with proper provision for drainage. G. The design of streets shall be in accordance with city standards established by the city engmeer. H. Additional right-of-way and street paving in the form of turning lanes and acceleration/deceleration lanes may be required at the intersection of collectors and arterials with other collectors or arterials. I. Property line corners at street intersections shall be formed by straight lines and shall include a triangular sidewalk and utility easement configured by the two property lines and a third line made by connecting points on such property lines not less than 15 feet distant from their intersection. Page 3 - 108 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Section 3-1906. Dead-ends and culs-de-sac. A. Dead-end streets, designed to be so permanently, shall not exceed 600 feet in length, measured to the center of the turnaround. B. Cul-de-sac or hammerhead turnarounds shall be provided at the end of all permanent dead-end streets with a 60-foot right-of-way approach. Cul-de-sac turnarounds shall have a right-of-way diameter of 100 feet and a pavement width diameter of 80 feet. C. In the case of temporary dead-end streets, which are stub streets designed to provide future connections with unsubdivided adjacent areas, a temporary easement for a cul-de- sac or an appropriate area for a turnaround shall be required consistent with requirements established by the city. Section 3-1907. Sidewalks/bicycle paths. A. Sidewalks shall be required along both sides of expressway, arterial, collector and local streets, including private streets, and shall be constructed to a width not less than as follows: 1. Arterial: Fet:tf Five feet. 2. Collector: Five feet. 3. Local: Four feet B. Sidewalks shall be constructed of materials in conformance with specifications established by the city engineer. C. Unless otherwise required or permitted by the city, sidewalks shall be placed within the dedicated right-of-way and located approximately one foot from and parallel to the edge of the right-of-way. D. The city may waive the sidewalk requirements in approving a plat where the location or use renders a sidewalk impractical. E. In order to facilitate pedestrian access from the public right-of-way through adjoining private property to public or private facilities, the city may require perpetual unobstructed pedestrian easements at least ten feet in width. Such easements shall be indicated on the plat. F. Bicycle routes and paths designated in the bicycle element of the comprehensive plan shall be afforded a width consistent with the specifications contained in the plan and shall be provided with ramps as is necessary to allow a smooth transition at intersections with streets. Page 3 - 109 Section 3-1908. Utilities--Generally. A. All utility facilities, including but not limited to gas, water, wastewater collection, electric, telephone and television cables, except major transmission lines and transformers, shall be located underground. The city may require that existing aboveground utility facilities in the public rights-of-way be relocated and/or placed underground when the property which the utilities serve is redeveloped. B. All utility facilities existing and proposed throughout the property served or to be served shall be shown on the construction improvement plans. Section 3-1909. Easements. A. Ten-foot wide easements adjacent to street rights-of-way shall be provided for utilities, both private and municipal. B. Where topographical conditions, tree cover or existing utility locations make impractical the inclusion of utilities adjacent to street rights-of-way, perpetual unobstructed easements at least 15 feet in overall width shall be provided over rear lot lines and also side lot lines as necessary to provide satisfactory access to the road or rear lot lines as is determined appropriate by the city engineer. C. Any additional utility easements as may be required by the city engineer shall be provided of a size and in the location as is necessary for the city to serve the property. All easements shall be dedicated by the plat. D. No permanent structures, including masonry or block fences, shall be located in an easement. Section 3-1910. Same--Water supply facilities. A. The developer shall install water mains to serve all of the property in the development. Water mains shall be looped so as to avoid dead-end service, unless otherwise approved by the city engineer. B. In addition to the water mains, the developer shall install adequate related water facilities, including valves, service lines and fire hydrants, subject to the specifications and standards of the city. C. Water main extensions shall be ofa size, design and materials approved by the city. Section 3-1911. Same--Sanitary sewer facilities. A. All wastewater collection facilities shall comply with all applicable governmental regulations. Page 3 - 110 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I B. Wastewater collection lines shall be of a size, design and materials approved by the city. Section 3-1912. Stormwater drainage and retention. A. An adequate stormwater drainage system, designed by a state registered professional engineer and subject to approval by the city engineer, including necessary open ditches, retention/detention areas, pipes, culverts, bridges, intersectional drains and drop inlets, shall be provided for the proper drainage of all surface water. Submission of design calculations shall be submitted in accordance with the city's stormwater drainage criteria manual. B. Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage plan for the development. Drainage shall be designed so that stormwater is discharged in a manner that does not adversely affect adjacent lots or other downstream properties. C. Stormwater retention basins shall be included within the boundaries of adjoining lots and shall not be lots unto themselves. Subdividers who wish to provide for the continuing maintenance of detention basins by a form of common responsibility assigned to a certain group or association having perpetual existence may do so by deed covenants or agreement instruments recorded in the public records. Section 3-1913. Site work. A. Control measures for erosion caused by both water and wind and siltation control measures shall be implemented during construction consistent with the approved subdivision construction plans. No land clearing, including removal of existing structures or pavement, or grubbing shall commence unless authorized by a permit issued consistent with the provisions contained in Article 4 Division 13 which pertains to land disturbing activities. B. No financial guarantee for required site improvements shall be released and the dedication of public improvements shall not be accepted until grading has been completed and stabilized, where required, by sodding or planting in accordance with the approved subdivision construction plans. C. The financial guarantee shall include an amount to ensure completion of all required improvements as shown in the approved subdivision construction plans. D. Each subdivider and/or developer shall be required to furnish and install fences, landscaping and earthen berms wherever the city determines that it is necessary or appropriate to do so. All such required improvements shall be constructed according to standards established by the city. Page 3 - 111 Page 3 - 112 I I I I I I I I I I I I I I I I I I I E. If a tract being platted contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the ownership of adjacent individual lots or the common elements of a condominium. The city may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a responsibility of the city. Where a watercourse separates the buildable area of a lot from the street to which it has access, provisions shall be made for installation of a culvert or other structure, or design approved by the city engineer. F. No cut trees, timber, debris, junk, rubbish or other waste materials of any kind shall be buried in any land, deposited in any water body, stream, wetland or floodplain, or deposited on any lot or street. Removal of such material shall be required prior to construction when so directed by the city or, absent such direction, shall be required prior to the release of any financial guarantee or acceptance of dedication of public improvements. Section 3-1914. Preservation of natural features and amenities - generally. Existing features which would add value to residential development or the city as a whole, such as trees, watercourses, beaches, wetlands, aquifers, bluffs, wildlife habitats, historic sites and structures and similar irreplaceable assets, shall be preserved in the design of the subdivision. No tree shall be removed from any subdivision until a preliminary plat has been certified by the city clerk and no tree shall be removed other than in accordance with Article 4 Division 12 which pertains to tree protection. No shrubbery or ground cover vegetation shall be removed until a clearing of grubbing permit has been procured in accordance with Article 4 Division 13 which pertains to land disturbing activities. No change of grade shall be effected within any subdivision until a preliminary plat is certified by the city clerk. Section 3-1915. Public land reservation. A. Whenever a tract to be platted includes a proposed public school or governmental use as indicated on the comprehensive plan or any portion thereof, such area shall be suitably designated by the applicant on the preliminary plat. B. The community development coordinator shall refer the preliminary plat to the public jurisdiction or agency concerned with acquisition for its consideration and report and shall allow the public body or agency 45 days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition. C. Upon receipt of an affirmative report, the community development coordinator shall notify the applicant, who shall designate on the final plat that area proposed to be acquired by the public agency; I I I I I I I I I I I I I I I I I I I D. The acquisition ofland reserved by a public agency on the final plat shall be initiated within 12 months of notification, in writing, from the city that the final plat has been recorded. Such letter of notification shall be accompanied by a copy of the record plat of the proposed development and a tentative schedule for construction. Failure on the part of the public agency to initiate acquisition by having tendered a reasonable offer within the prescribed 12 months shall result in the release of the reserved designation from the property involved and permit the property to apply for approval to be developed otherwise as provided for in accordance with these platting regulations. E. Nothing contained in this section shall be construed to waive, alter or otherwise affect the required park land, park facilities and open space impact fees required by the city as provided for in Ordinance Nos. 3128-83 and 3129-83, as such ordinances may be subsequently amended, and as set out in Appendix A to the City's Code. Section 3-1916. Nonresidential plat. A. A nonresidential plat shall be subject to all the requirements of these platting regulations and shall conform to the proposed land use pattern and applicable standards established in the Comprehensive Plan in general and in particular Article 2 of this Development Code. B. In addition to the principles and standards in these platting regulations which are appropriate to all plats, the applicant shall demonstrate to the satisfaction of the city that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed: 1. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated. 2. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated. 3. Special requirements may be imposed by the city with respect to street, curb, gutter and sidewalk design and construction. 4. Special requirements may be imposed by the city with respect to installation of public utilities, including water, sewer, and stormwater drainage. 5. Every effort shall be made to protect adjacent residential areas from potential incompatibility and nuisance from a proposed commercial or industrial subdivision, including the provisions of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip as determined appropriate in a given location. Page 3 - 113 6. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas. DIVISION 20. TELECOMMUNICATION TOWERS Section 3-2001. Telecommunication towers and antennas. A. Purpose and goals. The purpose of this division is to establish general standards for the siting of telecommunications towers and antennas. The goals are 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, and 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. B. Applicability. Telecommunications towers and antennas installed and maintained in accordance with this division are exempt from the height limitations for buildings and structures set forth elsewhere in this development code. The requirements set forth in this division shall govern the height of towers and antennas. The installation of an antenna on a building which is nonconforming in terms of the height limitations of this division.shall not be deemed to constitute the expansion of a nonconforming use. The installation of an antenna on an existing tower which is nonconforming in terms of the provisions of this division shall not be deemed to division shall not be 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 division. Home satellite dish antennas which are one meter or less in diameter and similar receive-only antennas are considered a residential accessory use, and are exempt from the requirements of this division. C. Antennas. Antennas are an accessory use in all zoning districts. Antennas may be installed on existing structures, such as buildings, 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. Where possible, antennas should be architecturally screened or integrated into architectural elements. All antenna installations shall require a permit from the city. No lighting shall be permitted, except as may be required by the Federal Aviation Administration. Page 3 - 114 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I D. Telecommunication towers. .L JoiRt use of existing towers required as an alternative to new to\\'er construction. J oiRt use of existing telecommunications towers or other existing buildings or structures is required as an alternative to new tovler construction whenever feasible. Therefore, anyone considering new tower construction, must first explore other options. Prior to the issuaRce of any buildiag permit for a nev.' tower, a determination must be made that no eK.istiag tmver or other structure is a',ailable as a reasonable alternative. .'\n applicant reql:lesting a permit for a ne'lI tower shall sUBmit evidence to the city that supports a conclusion that no reasonable use can be made of any existing tm.ver or structure. The evidence shall clearly establish one or more of the followiag conditions Anyone considering new tower construction must first explore the ioint use of existing telecommunication towers or other existing buildings or structures as an alternative to new tower construction. Prior to the approval of a new tower. the Community Development Board shall make a determination that no existing tower or other structure is available as a reasonable alternative. An applicant requesting approval of a new tower shall submit evidence to the city that supports a conclusion that no reasonable use can be made of any existing tower or structure. The Community Development Board shall weigh and consider the following when determining whether approval of a telecommunication should be granted: a. No existing tower or structure is located within the geographic area required to meet the applicant's coverage requirements. b. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment. d. 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. e. 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. f. It is not financially feasible to modify or replace an existing tower to accommodate the proposed antenna. g. The applicant demonstrates that there are other legitimate limiting factors that render existing towers and structures unsuitable. Page 3 - 115 2. Permitted use modifications or replacement of towers and utility structures to accommodate co-location by level one approval (flexible standard). I I I I I I I I I I I I I I I I I I I a. Modification or replacement of existing telecommunications towers. An existing telecommunications tower may be modified or replaced to accommodate the co-location of antennas as a permitted use, as follows: 1. Telecommunications towers which, when modified or replaced, will conform to the requirements of this Development Code, may be modified or relocated on the same zoning lot. II. Telecommunications towers which, when modified or replaced, will not conform tot he requirements of this development code, may be increased in height, up to forty feet above the originally approved height and/or relocated on the same zoning lot, one time, within 75 feet of the existing location without regard to setbacks or height related limitations. 111. After a telecommunications tower is replaced, as provided herein, the existing telecommunications tower shall be removed within 90 days. IV. The modified or replaced telecommunications tower shall be either of the same type as the existing telecommunications tower or a monopole. b. Modification or replacement of existing utility structures other than telecommunications towers. An existing utility structure, such as light poles, power poles, electrical transmission towers, and the like, may be modified or replaced to accommodate both its prior function, and to service the placement of antennas as follows: 1. Such structures which, when modified or replaced, will conform to the height and placement requirements of this development code for the primary structure so modified or replaced, may be modified or relocated on the same zoning lot within the requirements of this Development Code II. Such structures which, when modified or replaced will not conform to the height and placement requirements of the Development Code for the primary structure may be: (1.) Increased in height, one time, Page 3 - 116 I I I I I I I I I I I I I I I I I I I (2.) If a distance greater than 100 percent of the height of the modified structure from any single-family residential structure, up to 50 percent of the height of the existing structure or a total of 140 feet, whichever is less; or (3.) If a distance less than 100 percent of the height of the modified structure from any single-family residential structure, up to 25 percent of the height of the existing structure or a total of 140 feet, whichever is less; and/or (4.) Relocated on the same zoning lot, one time, within 50 feet of the existing location, with administrative review and without conformance with any other setback, separation or height related requirements contained herein. (5.) The modified or relocated structure shall comply with all applicable FCC and FAA regulations and applicable building codes. 3. J oint use of new towers required. 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 shall demonstrate a commitment to joint use as follows: a. 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 shall 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 costs, and requesting a written response within 15 days. b. Agreement to allow future joint use. The applicant shall sign an instrument, which shall be maintained by the city, agreeing to encourage and promote the joint use of telecommunications towers within the city and, to that extent, committing that there shall 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. 4. Design Standards. a. 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. Page 3 - 117 Furthermore, existing conforming towers may be increased in height to accommodate additional users with a level one approval. 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. Up to twenty-five (25) feet of additional height may be approved based on evidence that increased height would eliminate the need for additional towers. I I I I I I I I I I I I I I I I I I I b. Setbacks. 1. From residential uses. Towers shall be set back from existing residential uses a distance equal to the height of the tower. The distance shall be measured from the base of the tower to the residential property line. ll. From historic districts and listed structures. Towers shall be set back a minimum of500 feet from any National Register historic district and from any individual structure listed in the National Register of Historic Places. lll. From property lines. Towers shall be set back from property lines in accordance with the requirements set forth in the zoning district regulations. c. Color and finish. Except for painting or marking required by the FAA, towers and supporting structures shall be a neutral, non-glare color or finish, so as to reduce visual obtrusiveness. d. Fencing. Towers shall be enclosed by a six-foot high security, masonry or wood fence. e. Landscaping/screening. The perimeter of the tower site shall 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. A minimum of ten feet oflandscape buffer shall be provided around the outside of the required fencing. The landscaping design requires approval of a landscaping plan by the community development coordinator as a level one approval in accordance with the provisions of Article 4 Division 3 of this development code. f. Illumination. Towers shall not be artificially lighted except as required by the FAA. At time of construction of a tower, in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower, dual mode lighting shall be requested from the FAA. Page 3 - 118 I I I I I I I I I I I I I I I I I I I g. Appurtenances. Appurtenant buildings and structures shall conform to the standards set forth in the zoning district regulations. Such buildings and structures shall be screened from adjacent properties and public streets. At a tower site, design of the buildings and related structures shall, when practicable, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. h. Design. To the extent practicable, the tower shall be designed to blend into the surrounding environment in order to protect the aesthetics of the neighborhood where the tower is proposed. 1. Waivers. The design standards identified above may be reduced or waived if such reduction or waiver would better satisfy the intent of this division and such modification or waiver is reviewed and decided by the community development board in concert with the application for a level two approval. 4. Advertising prohibited; required signage and security. No tower shall be used for advertising of any type, and the placement of signs, other than warning signs and small in/or mat on placecards with emergency and owner information, is prohibited. All towers must be reasonably posted, in accordance with the City of Clearwater sign ordinance, and secured to protect against trespass. 5. Installation and maintenance standards. Owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, including adopted building codes. Prior to the issuance of a certificate of occupancy for a tower, the applicant shall provide an engineering certification that the proposed structure meets such regulatory standards, including adopted building code standards for wind velocity. All towers shall achieve and maintain compliance with current radio frequency emissions standards promulgated by the FCC. 6. Removal of abandoned antennas and towers. Any telecommunication tower that does not support an operating antenna for a period of 12 consecutive months shall be considered abandoned and shall be removed or reactivated upon written notification by the city within 60 days of said notification. Failure to do so shall constitute a violation of this Development Code. E. Compliance with other codes and safety standards. Telecommunication towers and antennas shall comply with all applicable regulations and safety standards of the Federal Aviation Administration, the Federal Communications Commission, and any other agency with regulatory authority. Page 3 - 119 Page 3 - 120 I I I I I I I I I I I I I I I I I I I DIVISION 21. TEMPORARY USES Section 3-2101. Purpose. It is the purpose of this division to provide for certain temporary uses and to ensure that such uses are compatible with adjacent land uses and consistent with the city's goals and objectives. Section 3-2102. Permitted temporary uses. A. The following temporary uses are permitted subject to obtaining a level one approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 1. Circuses and/or carnivals. 2. Contractors offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Open lot sales for Christmas trees, pumpkins or other seasonal materials. 5. Other temporary recreational or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities. 7. Sidewalk sales. 8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a result of natural or manmade disasters in a neighborhood or area. 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood parties. Section 3-2103. Standards. A. All temporary uses shall comply with the following standards: I I 1. The temporary us conditions. I 2. The design and in including signage I 3. Adequate sanitary services and acces I serve employees, 4. Where a tent or si I a. Comply w I b. Provide th applicant I c. Demonstr flame resis treated wit I 5. Signage related to associated witn tn I no more than one made of treated w painted. I 6. All temporary use requirements: I ADDITIONAL I Temporary Use I I Block and neighborhood parties Circuses or carnivals I Contractors office and/or construction sheds I I I e will not create hazardous vehicular or pedestrian traffic stallation of all practicable temporary traffic control devices to minimize traffic congestion. facilities, utility, drainage, refuse management, emergency s, and similar necessary facilities and services will be available to patrons or participants. milar structure is to be used, such structure shall: lth the requirements of the fire marshal. e city with a certificate of insurance to cover the liability of the or sponsor. ate that the tent is flame resistant by providing a certificate of tance or other assurance that the structure has been properly h flame retarder and has been maintained as such. the temporary use, iReludiRg sigHS attached to vehides e use, shall not exceed M 12 square feet of sign face area and sign face per street frontage shall be permitted. Signs shall be ood or other durable material. Sign copy shall not be sprayed s shall comply with the following additional conditions or REQUIREMENTS FOR TEMPORARY USES Maximum Cumulative Permitted Districts Allowable Time Period for Each Separate Use (per site per calendar year or absolute time limitation, as a licable 2 days All residential districts 14 days C, IRT, and I During construction period All districts only while building permit is valid Page 3 - 121 Evangelical and religious 7 days C, D, T and IRT revivals or assemblies Garage, yard or estate sales No more than 2 times per All residential districts property within one year; no longer than 3 days each OpCR lot sSales for: 45 days CaRd IRT All non-residential Christmas tree and pumpkin zoning districts sales and other seasonal sales Other temporary recreational 7 days, except 14 days for All nonresidential districts or entertairunent events annual events approved by the special events committee Outdoor bazaars, cookouts, 2 days C. I and D special fund raising sales and/or similar activities Sidewalk sales 7 days in conjunction with a T and D special event Temporary commercial The period of time during All districts parking lots which the temporary use the parking serves is authorized Temporary relocation tents or 18 months (unless authorized Within a designated area mobile homes for displaced longer by commission persons resolution) Temporary real estate sales 24 months All districts office or model home Temporary retail sales and 7 days (not more than 4 times T, C andD displays per year) Portable storage units 96 hours (not more than 4 All districts times per year) unless associated with permitted construction. Refer to Sections 3-2103(B)(3) and 2103(C)(2) for additional reauirements. B. The following additional requirements shall apply for specified temporary uses: 1. Temporary real estate office. The office or required accessory uses shall not be equipped or used as a dwelling. 2. Temporary housing - residential tents or mobile homes. Upon determination by the city commission that a particular neighborhood or area constitutes a disaster area, nonpermanent facilities for displaces shall be allowed provided they meet the following requirements: Page 3 - 122 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I a. All residential tents or mobile homes shall have facilities connected to city utilities for water and sanitary sewer, unless such services are not reasonably available b. Adequate provisions shall be made for solid waste management in compliance with city ordinances and policies, unless such services are not reasonably available. 3. Special sales markets shall not be approved for improved properties principally used for retail sales between THanksgiving Day and New Years Day. Portable storage units. not exceeding eight (8) feet in height. eight (8) feet in width. and sixteen (16) feet in length may be permitted on a site with an active building permit for the storage of items from the site. The portable storage unit may remain on the site for the length of the active permit. Portable storage units shall comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a single family dwelling. The number of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based on the amount of construction. size of property and the ability to locate the portable storage unit in accordance with the requirements below. b. Portable storage units may be located in a required setback: c. Portable storage units shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles. bicycles or pedestrians upon entering or exiting a right-of-way: d. Portable storage units shall not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic: e. The location of a portable storage unit shall be approved by the Community Development Coordinator: f One sign face. no more than 12" x 18". shall be permitted on a portable storage unit: and g. A sticker shall be affixed to all portable storage units indicating the date on which the portable storage unit is delivered to a property. h. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of 75 mph or greater. all portable storage units shall be removed from all properties and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of such winds or as soon as reasonably Page 3 - 123 Page 3 - 124 I I I I I I I I I I I I I I I I I I I practical if less notice is provided. This requirement may be modified by the Building Official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removaL the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner. 1. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place. or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons. may be removed by the City immediately. without notice. and the cost of such removaL together with the cost of administration of its removaL may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk C. The following temporary uses are permitted without a permit, provided that the standards and criteria of this division are met: 1. Garage, yard or estate sales. 2. Portable storage units for a period not exceeding 96 hours no more than four (4) times a year. A sticker shall be affixed to the unit indicating the date on which it is delivered to the property. One sign face. no more than 12" x 18" in area. shall be permitted on a portable storage unit. The removal provisions of Section 3- 2103(B)(3)(i) above shall also apply. DIVISION 22. TRANSIT SHELTERS Section 3-2201. Purpose. The purpose of this division is to establish regulations for the placement of transit shelter structures on public rights-of-way and on private property. Section 3-2202. Applicability. Transit shelters may be permitted only in accordance with the standards contained in this division. Evidence of compliance with these standards shall be required prior to the issuance of a building permit and continued compliance with such standards shall be required during the existence of the use. I I I I I I I I I I I I I I I I I I I Section 3-2203. Standards. Transit shelters may be established in accordance with the following standards: A. Spacing. No shelter may be erected or maintained where in the reasonable judgment of the city's traffic engineer it interferes with a traffic control device. Transit shelters containing advertising shall be located a minimum of 1,000 linear feet from another transit shelter containing advertising measured along the same side of the right-of-way unless approved for locations by the city manager pursuant to subsection (F) below. B. Location. I. Transit shelters may be permitted in any commercial, office, or industrial zoning district; or PST A routes adjacent to hospitals, schools or other permitted non-residential uses in multifamily residential zoning districts. No transit shelters with advertising shall be permitted in single-family residential zoning districts. 2. Transit shelters shall not be placed on rights-of-way less than ten feet wide and shall not be placed in a location which interferes with any traffic control device. 3. Transit shelters may only be erected at approved bus stops on PST A routes. 4. In order for transit shelters to be placed on private property, a letter of authorization from the property owner must be included with the application to the city. Notification must also be received from the PSTA that a shelter is needed and is appropriate in a particular proposed location where adequate public right-of-way does not exist. C. Design. Shelter design and specifications shall meet the requirements of and be approved by the PST A. The contractor shall be responsible for adhering to the southern building and electrical code standards for shelter design, construction and installation. PST A and the City shall be entitled to inspect the work and enforce these standards. Materials shall be chosen for ruggedness and ability to withstand vandalism and weathering. Shelters will be maintained by the contractor in accordance with PST A specifications. Transit shelters shall meet the following minimum design specifications: I. Transit shelters shall be not less than seven feet high (interior), no more than ten feet high (exterior), and shall have a minimum of two wall panels. 2. Shelters shall provide protection from wind, sun and rain. Page 3 - 125 3. Shelters shall offer see-through visibility, except for the sign panels. I I I I I I I I I I I I I I I I I I I 4. Access to shelters shall be provided at least through the front, the right-of- way side of the shelter. 5. Shelters shall meet all ADA requirements with wheelchair space within the shelter and access to the interior of the shelter through at least a thirty inch (30") wide opening, and shall not obstruct a wheelchair user boarding or alighting from an accessible vehicle. 6. Shelters shall have seating that accommodates a minimum of four people unless a smaller shelter is approved by the PST A. Seats shall be not less than 16 inches nor more than 24 inches high. 7. Shelters shall contain a panel four feet wide by three feet high, in order to accommodate transit information, a route map, and other schedule information. 8. Shelters shall be constructed of material designed to withstand vandalism and weathering, such as extruded aluminum with anodized finish. 9. Transparent vertical panels shall be composed of a minimum one-quarter inch tempered glass except that the sign panel may be three sixteenths inch tempered glass. High impact strength polycarbon may be substituted for the tempered glass. 10. Materials and design shall conform to city and state building code specifications and shall be able to withstand 120 mile per hour wind loads. 11. A concrete pad which is a minimum of eight feet long by four feet wide shall be provided at each shelter. 12. Where the transit shelter is erected within an area designated by a corridor plan adopted by the city, the city may require that the shelter comply with special design criteria. D. Shelters shall include a trash receptacle which shall be secured in a manner which ensures that the receptacle will not become a nuisance. Shelters may be equipped with a telephone. E. Utilities. If transit shelters are erected on the public right-of-way over underground public utility lines, then the city shall have the right of access to the underground public utilities in and under the transit shelters to repair any damage to the utilities. The owner of the transit shelter shall be responsible for repairing and replacing the transit shelters if the city damages them in connection with Page 3 - 126 I I I I I I I I I I I I I I I I I I I repairing underground utilities. Except in emergency situations, the city shall notify the owner of the transit shelter prior to commencing repair activities. F. The city manager may authorize the placement of transit shelters with advertising closer than 1,000 linear feet from another transit shelter with advertising in the following instances: 1. Where two or more PST A routes follow the same right-of-way and transit shelters are required by PST A on the same side of the right-of-way; or 2. Where the transit shelter is erected as a part of and in accordance with the requirements of a corridor plan or redevelopment plan adopted by the city, including, without limitation, any special design criteria adopted as part of the corridor or redevelopment plan; or 3. Where the PST A notifies the city that more than one transit shelter is desired along the same PSTA route less than 1,000 feet from another transit shelter erected pursuant to this division because of ridership or use demands, the close proximity of PST A routes, requests from riders or other similar reasons. If a transit shelter is authorized by the city manager pursuant to this subsection, there shall be a minimum of 500 linear feet between transit shelters containing advertising and no more than three transit shelters containing advertising in any 2,000 foot linear segment measured from the two transit shelters located the greatest distance from each other. Page 3 - 127 I I I I I I I I I I I I I I I I I I I ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES Division 1. Required Permits and Approvals Division 2. General Procedures Sec. 4-201. Optional pre-application conference. Sec. 4-202. Applications for development approval. Sec. 4-203. Building permit. Sec. 4-204. Occupancy permit. Sec. 4-205. Occupational license. Sec. 4-206. Notices and public hearings. Division 3. Permitted Uses: Level One Sec. 4-301. Purpose and applicability. Sec. 4-302. Application/approval by community development coordinator. Sec. 4-303. Effect oflevel one approval. Division 4. Permitted Uses: Level Two Sec. 4-401. Purpose and applicability. Sec. 4-402. Application. Sec. 4-403. Staff review, report and recommendation. Sec. 4-404. Community development board decision. Sec. 4-405. Effect of decision. Sec. 4-406. Changes to level two development approvals. Sec. 4-407. Expiration of approval. Division 5. Appeals Sec. 4-501. Authority and purpose. Sec. 4-502. Application/notice of appeal. Sec. 4-503. Staff review, report and recommendation. Sec. 4-504. Community development board appeals. Sec. 4-505. Hearing officer appeals. Division 6. Level Three Approvals Sec. 4-601. Text amendments. Sec. 4-602. Zoning atlas amendments. Sec. 4-603. Comprehensive plan amendments. Sec. 4-604. Annexation. Sec. 4-605. Developments of regional impact. Sec. 4-606. Development agreements. Page 4 - 1 Page 4 - 2 I I I! I I I I I I I I I I I I I I I I Sec. 4-607. Historic designation. Sec. 4-608. Neighborhood conservation overlay district. Sec. 4-609. Vested rights. Division 7. SubdivisionslPlats Sec. 4-701. Purpose and applicability. Sec. 4-702. Required approvals. Sec. 4-703. Application requirements. Sec. 4-704. Staff review and report/decision. Sec. 4-705. Community development board decision. Sec. 4-706. Final plat review/staff Sec. 4-707. City commission review/decision/final plat. Sec. 4-708. Recording offinal plat. Sec. 4-709. Standards for review. Division 8. Traffic Impact Study Sec. 4-801. Purpose and applicability. Sec. 4-802. Procedures. Sec. 4-803. Standards for study. Division 9. Concurrency Management Sec. 4-901. Authority and applicability. Sec. 4-902. Application and procedures. Sec. 4-903. Standards for certificate of concurrency/capacity. Division 10. Sign Permit Sec. 4-1001. Purpose. Sec. 4-1002. Permit required. Sec. 4-1003. Application. Sec. 4-1004. Procedures. Sec. 4-1005. Expiration. Sec. 4-1006. Identification. Sec. 4-1007. Inspections. Division 11. Landscaping Plan Sec. 4-1101. Landscaping required. Sec. 4-1102. Plan requirements. I I I I I I I I I I I I I I I I I I I Division 12. Tree Removal Permit Sec. 4-1201. Permit required. Sec. 4-1202. Removal permit--Application. Sec. 4-1203. Appeal from denial of removal permit. Sec. 4-1204. Removal permit--Term, expiration. Sec. 4-1205. "No tree" statement; "no tree removal permit required" statement. Division 13. Land Clearing and Grubbing Sec. 4-1301. Permit required. Sec. 4-1302. Application/appeal. Sec. 4-1303. Criteria for issuance. Division 14. Transfer of Development Rights Sec. 4-1401. Purpose and authority. Sec. 4-1402. Allocated development rights are freely transferable. Sec. 4-1403. Use of transferred development rights. Division 15. Adult Use Permits Sec. 4-1501. Permit required; classification of permits. Sec. 4-1502. Permit application. Sec. 4-1503. Transfer of permit. Sec. 4-1504. Changing name of establishment. Sec. 4-1505. Conflicting applications. Division 16. Unity of Title Declaration Sec. 4-160 I. Unity of Title. DIVISION I. REQUIRED PERMITS AND APPROVALS This Development Code establishes the following types of development approvals: Level one, level two, and level three; Level one approvals involve those development proposals which are reviewed and approved by the city's professional staff. Level two approvals are those development proposals which are more complex and involve the use of greater discretion by an appointed board accountable, through the appointment process, to the city commission. Level three approvals are those approvals which state law requires action by the city commission because they involve issues of public policy in the first instance. The following graphic portrays this concept of different levels of approval: INSET: diagram Page 4 - 3 Page 4 - 4 I I I I I I I I I I I I I I I I I I I The divisions in this article establish the requirements for each type of approval beginning with general procedures which are applicable to all three levels of approval and a graphic (flow chart) describing the process for each type of approval. DIVISION 2. GENERAL PROCEDURES Section 4-201. Optional pre-application conference. An applicant for development approval may request an informal conference with the community development coordinator prior to filing an application for the purpose of discussing the proposed development and to identify the views and concerns of the applicant and the city's professional staff. Section 4-202. Applications for development approval. A. Basic information required for all applications. Except as provided in subsection 23 for fence permits, or unless otherwise inapplicable for the permit sought, all applications for development approval shall include the following information: 1. The applicant's name, signature, mailing address, and telephone and facsimile, if any, number. 2. The name and signature of all legal and equitable owners of the parcel proposed for development, if different from the applicant. Notwithstanding the foregoing, the application need not be signed by the owner where the applicant is an entity having the power of eminent domain and the entity has authorized the acquisition of the subject property by eminent domain. In such cases, the application will be conditionally accepted and any approval will be conditioned upon the entity obtaining title within a specific period of time not to exceed two years. 3. The name of the owner( s) representative and consultants, if any. 4. Street address of the parcel proposed for development. 5. Ownership: A copy ofa deed to the property proposed for development, a copy of a title insurance policy or an affidavit attesting to ownership. 6. A legal description ofthe property which is the subject of the application. 7. A plat of record or sealed survey of the property including the dimensions, acreage and location of the property prepared by a registered land surveyor. 8. The existing zoning and land use plan classification for the property and for the properties contiguous to the parcel proposed for development. I I I I I I I I I I I I I I I I I I I 9. If the proposed development is for a single-family dwelling or accessory use, a plot plan with the following information: a. Existing and proposed parking areas, sidewalks and driveways. b. Existing and proposed locations, setbacks, uses, and gross floor area of building and structures. c. Existing and proposed height of all buildings and structures. d. Existing and proposed fences and landscaping. e. Existing and proposed utilities, including water, sewer, gas, and stormwater. f A tree survey showing the location and species of all existing trees located on the parcel proposed for development with a caliper DBH of four inches or more. g. Existing utility easements, including Official Records book and page numbers, and any proposed utility easements. h. All prior approval conditions, or subdivision platting conditions, unless waived by the Community Development Coordinator at a pre-application conference. 1. Elevation drawings where the applicant is seeking approval of a residential infill proiect. unless waived by the Community Development Coordinator. 10. If the proposed development is for a home occupation, an executed affidavit: a. Agreeing to comply with all standards contained in Article 3 Division 2 and any other conditions of the home occupation that may be established in authorizing same. b. Recognizing the need to renew the requisite occupational license annually or as may otherwise be required. c. Acknowledge that any departure from the conditions authorizing the use shall be grounds for the revocation of the applicable occupational license. d. Agreeing to permit reasonable inspection ofthe premises of the home occupation to ensure compliance with the conditions thereof Page 4 - 5 11. For all other development, a site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches. When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon and including the following: I I I I I I I I I I I I I I I I I I I a. North arrow, scale and date prepared. b. Location map. c. Identification of watercourses, wetlands, tree masses and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique areas. d. Land areas expressed in square feet and acres. e. The number of dwelling units proposed, if any. f Gross floor area devoted to each use. g. The footprint of all buildings and structures and all required setbacks, including required sight triangles. h. The location, type and lamp height of all outdoor lighting fixtures. 1. Location of all public and private easements and street rights of way within and adjacent to the site. J. Location of all existing and proposed points of access. k. The location, size and height of all existing and proposed buildings and structures on the site. 1. The location of existing public and private utilities. m. Number of parking spaces provided, presented in tabular form with the number of required spaces. n. Total paved vehicular use area, including but not limited to all paved parking spaces and driveways, expressed in square feet and as a percentage of the area of the overall site. o. Depiction by shading or crosshatching of required parking lot interior landscape areas. Page 4 - 6 I I I I I I I I I I I I I I I I I I I p. T otalland area devoted to parking lot interior landscaping, expressed in square feet and as a percentage of the paved vehicular area. q. Location of all refuse collection facilities and all required screening. r. Tree survey showing the location, caliper DBH and species of all existing trees with a caliper DBH of four inches or more and identifying those trees proposed to be removed. s. The location of all proposed landscape material including size and species. 1. The location of onsite and off site storm-water management facilities. u. Existing and proposed utilities, including size and location of all water lines, fire hydrants, sewer lines, manholes and lift stations. v. Existing utility easements, including official records book and page numbers, and proposed utilities easements. w. Off-site elevations. as may be required by the Engineering Department. to evaluate proposed stormwater management for the parcel proposed for development. x. Elevation drawings where the applicant is seeking approval of a residential infill proiect or a comprehensive infill redevelopment proiect. unless waived by the Community Development Coordinator. 12. If the property proposed for development exceeds one acre, the site plan shall include, in addition to the items in subsection 11 above: a. Existing one-foot contours or spot elevations on the site, and such off site elevations as may be required to evaluate proposed stormwater management for the parcel proposed for development. b. The location and character of a proposed use ofland within the parcel proposed for development, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furnishings, such as seating, and telephones. c. The location of all earth or water retaining walls, earth berms, and public and private sidewalks. d. Identification of the boundaries of phases, if development is proposed to be constructed in phases. Page 4 - 7 13. 14. 15. 16. 17. e. Dimensions of lot lines, streets, drives, building lines, building setbacks, building heights, structural overhangs, and building separations. f. Tree inventory. prepared by a certified arborist.of all trees 8" DBH or more reflecting the size. canopy. and condition of such trees. A preliminary plat if one is required in Article 4 Division 7. A traffic impact study if one is required in Article 4 Division 8. An application fora certificate of concurrency/capacity if one is required in Article 4 Division 9 or a non-concurrency affidavit. A sign plan if one is required in Article 4 Division 10. A landscaping plan if one is required in Article 4 Division 11. 18. A tree removal application if one is required in Article 4 Division H 12 or a "no tree" statement or a "no tree removal permit required" statement. 19. A grading and erosion control plan along with a clearing and grubbing application as required in Article 4 Division 13. 20. If applicable, a parking lot plan be drawn to an accurate scale, identify the property, and shall delineate lot entrances and exits, distance from property lines, grading for drainage, lighting, planting areas, traffic signs/markings, type of surfacing, curbs, and any additional information particular to the site which the city determines necessary to facilitate review of the plan. 21. If the property is located within an area of special flood hazard, the information required by Chapter 51 of the City's Code. 22. In the event the application involves the use of transferable development rights, the information required by Section 4-1403 of this Development Code. 23. In the event the application involves development where design standards are an issue, such as in the Tourist and Downtown Districts, or where the applicant is seeking approval of a Residential Infill Proiect. Comprehensive Redevelopment Proiect. Comprehensive Sign Program or Comprehensive Landscaping Plan, the applicant shall submit proposed elevation drawings. 24. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and Page 4 - 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 25. An application for a fence permit shall include the following: a. The applicant's name, mailing address, and telephone and facsimile, if any, number. b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. If the proposed development is for a single-family dwelling or accessory use, a plot plan with the following information: I. Existing and proposed fences and landscaping. 11. The proposed height and materials of the proposed fence. B. Simultaneous applications. If more than one approval is required (for example, level one and level three) for a particular development proposal, with the exception of an application for a building permit, certificate of occupancy or occupational license, an applicant is required to submit all applications for development approval at the same time. c. Determination of completeness/sufficiency. 1. Determination of completeness. Within five working days after receipt of an application for development approval, the community development coordinator shall determine whether the application is complete. a. Application complete. If the community development coordinator determines that the application is complete, he shall notify the applicant in writing that the application has been accepted for filing. b. Notice to abutting property owners. When the community development coordinator has accepted an application for level one approval (flexible standard development) for filing, he shall immediately notify the owners of the property abuttiRg the property within 200 feet of the property. excluding any water bodies within that distance. which is the subject of the Page 4 - 9 Page 4 - 10 I I I I I I I I I I I I I I I I I I I application and any affected registered neighborhood association and any citywide neighborhood association in writing that an application has been filed, the nature of the approval requested and the procedure for consideration ofthe application, as well as the right of the owner to appeal a decision. c. Application not complete. If the community development coordinator determines that the application is not complete, he shall notify the applicant, specifying the deficiencies of the application. No further development review shall be taken by the community development coordinator until the deficiencies are corrected and the application is deemed complete. 2. Determination of legal sufficiency: Level one (standard development). Within five working days after a determination that a level one. ( standard development) application is complete, the community development coordinator shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If the community development coordinator determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. 3. Determination of legal sufficiency: Level one (flexible standard development), level two or level three approvals. Within ten working days after a determination that the application is complete, the members of the development review committee in the case oflevel one (flexible standard development), level two or level three approvals shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If any member of the development review committee determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. D. Review by development review committee. After an application for development approval is determined to be complete and legally sufficient, the development review committee shall review the application in accordance with Division 3 of this Article if a level one approval, Division 4 if a level two approval and Division 6 if a level three approval. E. Issuance of development order. The Community Development Coordinator shall issue a development order for Level One (flexible standard) approval. I I I I I I I I I I I I I I I I I I I e E. Fees. Except for those applications submitted on behalf of governmental agencies, all applications for development approval shall be accompanied by the payment of a fee established from time-to-time by the city commission and maintained as Appendix A to the City Code. F G. Resubmission of application affecting same property. 1. No application shall be accepted during the following time periods after the denial of a substantially similar application affecting the same property or any portion thereof: a. Nine months for level two approvals. b. Twelve months for level three approvals. 2. The time periods specified in this subsection shall be deemed to have commenced only after the completion of any administrative or judicial review which may have been sought. Section 4-203. Building permit. A. Permit required 1. No person shall commence any construction, demolition, modification or renovation of a building or structure without first obtaining a building permit. 2. No seawall, bulkhead, groin, marine improvement, bridge or other similar marine structure shall be built within the city until the building official has issued a building permit for such work. 3. A building permit shall authorize only the use, arrangement and/or construction described in level one and two approvals and no other use, arrangement or construction. 4. Complete engineering and architectural plans for each component of a development proiect shall be required to be submitted prior to the issuance of a building permit. For any phased proiect. such plans shall be required for each phase of the development. B. Procedure: All applications for building permits shall be submitted in a form required by this Development Code and the building official. Upon receipt of an application, including a declaration of unity of title, in accordance with Article 4 Division 16, the building official shall forward a copy to the community development coordinator in order to determine whether the application conforms to an approved level one or level two approval. Upon receipt of the determination of the community development coordinator, the building Page 4 - 11 Page 4 - 12 I I I I I I I I I I I I I I I I I I I official shall determine whether the application conforms to all applicable requirements contained in the building code. If the building official determines that the application does conform, the building permit shall be issued. If the building official determines that the application does not conform, he shall identify the application's deficiencies and deny the application. C. Appeal: A denial of a building permit may be appealed in the manner provided in Article 4 Division 5. Section 4-204. Occupancy permit. A. Applicability. 1. A certificate of occupancy shall be required for the following: a. Occupancy and use of land or a building hereafter improved, erected, structurally altered, reconstructed, enlarged or moved. b. Change in occupancy or use of an existing nonresidential building. c. Change in the use of land, building or structure. 2. No occupancy permit shall be issued unless it has been determined that the building or structure and the site complies with the provisions of the Building Code, this Development Code and prior approvals upon which the building permit was based. B. Procedure. 1 . All applications for occupancy permits shall be submitted in a form required by the building official. 2. In the event a valid building permit is not in effect, upon receipt of an application for the occupancy permit, the building official shall forward a copy of the application to the community development coordinator in order to determine whether the application conforms to an approved level one or level two approval. Upon receipt of the determination of the community development coordinator that the application does conform, the building official shall determine whether the application conforms to all applicable requirements contained in the building code. 3. If a valid building permit is still in effect, upon receipt of an application for an occupancy permit, the building official shall determine by inspection whether the work authorized by the building permit has been completed in accordance with the approved plans. I I I I I I I I I I I I I I ,I I I I I 4. If the building official determines that the work does conform, the occupancy permit shall be issued. If the building official determines that the application does not conform, he shall identifY the application's deficiencies and deny the application. C. Appeal. A denial of a certificate of occupancy may be appealed in the manner provided in Article 4 Division 5. Section 4-205. Occupational license. A Applicability. Any person required to obtain an occupational license in order to conduct business within the city pursuant to the provisions of Chapter 29, Article II of the city's Code, shall obtain such license prior to after the issuance of an occupancy permit. B. Procedure. I. All applications for occupational licenses shall be prepared on forms available from the city manager. 2. Upon receipt of an application for an occupational license, the city manager shall forward a copy of the application to the community development coordinator who shall review the application to determine if the occupation conforms to applicable provisions of this development code and any prior approvals. 3. Upon receipt of a determination by the community development coordinator that the occupation does conform to applicable provisions of this development code and prior approvals, then the city manager shall review the application and determine whether the occupation conforms to all applicable requirements of Chapter 29, Article II of the city's Code. 4. Following review and determination as to conformance by both the community development coordinator and the city manager, the city manager shall either issue the occupational license or deny the application. C. Appeal. A denial of an occupational license may be appealed in the manner provided in Article 4 Division 5. Section 4-206. Notices and public hearings. A Applicability. The procedures set out in this section shall be applicable to all public hearings required by any provision of this development code. All public hearings shall be conducted in accordance with Florida law. B. Types of hearings. There are two types of public hearings required under Florida law: quasi-judicial hearings and non-quasi-judicial or legislative hearings. All public hearings Page 4 - 13 required pursuant to this Development Code, except for hearings required for amendments to the Comprehensive Plan, text amendments, development agreements and annexations, are quasi-judicial and the procedures set out in section 4-206(D) shall apply. c. Notice of hearings. The city clerk is responsible for providing notices for required public hearings: 1. All notices of public hearings shall include: a. The date, time and place of the hearing. b. A summary of the proposal under consideration. c. The address of the property and a locational map graphically portraying the location of the property (if applicable). d. A contact in the city and telephone number in order to obtain further information. 2. All notices of public hearings shall be provided: a. By publication of a copy of the notice in one or more newspapers with general circulation in the City of Clearwater. b. By sending a copy of the notice by mail to each owner of record, if different from the applicant, of any land on which development is proposed. c. F or level two approvals, by sending a copy of the notice by mail to each owner of record of any land within 200 feet of the parcel proposed for development, excluding any water body. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. d. For level three approvals, by sending a copy of the notice by mail to each owner of record of any land within 200 feet of the property on which development is proposed, excluding any water body. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. If more than 30 owners of property are involved, unless otherwise directed by the city commission, in lieu of mailing such notice, the clerk may publish the notice at least twice in a newspaper of general circulation. e. By posting a sign at least six square feet in area and not exceeding six feet in height facing the streetW on the parcel proposed for development. Page 4 - 14 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3. Unless otherwise required by Florida Statutes, all required notices shall be provided at least 15 but not more than 45 days in advance of the public hearing. D. Conduct of quasi-judicial hearing. 1. Summary of c'.'idcncc and disclosure of rqJorts. ,A~t least ten days in advance of the hearing, the applicant shall file a disclosure report with the community development coordinator which shall include the f{)llowing: a. Names and addresses of the witnesses the applicant intends to call at the hearing. b. ,\ summary of the facts to be presented by the applicant. c. The names and addresses of expert witnesses to be used, if any, including a statement of the C)cpert's qualifications and a summary of the opinions of the e)cpert witness to be presented. d. Copies of reports, studies, letters, documentary c'/idence and summaries of other evidence to be presented. 2-1. Staffreport/recommendation. At least five days in advance of the hearing, the community development coordinator's report and recommendation regarding the application for development approval which is the subject of the hearing shall be delivered to the community development board and the applicant, and be available to the general public. ; 2. Ex parte communications and site visits and expert opinions. Except as provided in this subsection, no member of the community development board or the city commission shall engage in any ex parte communications with any person in regard to the substance of a quasi-judicial matter which is to be considered by the board or commission, as the case may be. a. Members of the community development board may conduct personal investigations and site visits with regard to a quasi-judicial matter pending before them provided that the existence of such investigation or site visit, is disclosed at a public hearing and made a part of the record before final action on the matter. 4 J.. Opening matters and preliminary remarks: a. The community development coordinator shall describe the application and identify the applicant and announce the order of presentation. Page 4 - 15 ~~. 6~. +Q. b. The chair of the community development board or the hearing officer shall inquire of those attending the hearing if there is any person who wishes to seek party status and explain that party status entitles the party to: I I I I I I I I I I I I I I I I I I I 1. Personally testify. Il. Present evidence by documentary submittal. Ill. Present witnesses. IV. Conduct cross examination of any witness. v. Present argument. Vl. Appeal the decision. Party status shall be granted by the community development board or the hearing officer, as the case may be, if the person requesting such status demonstrates that he is a substantially affected person. Any other interested person (not a party) shall be entitled to participate in the hearing, subject to the control by the body conducting the hearing and may be requested to respond to questions from the body conducting the hearing, but need not be subject to cross-examination or qualified as an expert witness. c. Disclosure of the substance of the subject of any ex parte communications, including the identity of the person, group, or entity with whom the communication took place and all written communications to the community development board, or the hearing officer, if any, which shall be made a part of the record. d. The witnesses shall be sworn. Burden of proof The burden of proof is upon the applicant to show by substantial competent evidence that he is entitled to the approval requested. Presentation of case. The applicant, the city and any other party may present testimony, examine witnesses, and present documentation at the public hearing and may cross-examine other witnesses. Other interested persons may present comments or argument in support of or in opposition to the application. Order/recommended order. In the case of a level two approval or an appeal, the community development board or the hearing officer shall issue an order and, in the case of a level three approval, a recommended order, which shall include: Page 4 - 16 I I I I I I I I I I I I I I I I I I I F. FG. a. Findings of fact in regard to any questions of fact which were presented during the proceedings. b. Conclusions oflaw in regard to the applicable provisions of the comprehensive plan and the community development code. c. Approval or approval with conditions or a recommended approval or approval with conditions, in the case of a level three approval. -& 1. City commission decision. a. In the event the city commission is required to render a final approval. such case shall be heard within six (6) months of the Community Development Board recommendation or the case shall be deemed to be withdrawn. b. In the event the city commission is required to render a final approval the record adduced before the community development board shall be presented to the city commission for their review. The city commission may hear public comment and argument, but no additional testimony shall be allowed, and any comment or argument will not be considered evidence. The city commission shall issue a final decision in the form of a resolution or ordinance which shall include: findings of fact and listings of any conditions, requirements or limitations on the approval. E. Continuances. A hearing may be continued to a specified date, time and place. unless suoh continuance is publioly afUlouneed at a properly noticed public hearing, tlhe city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in the same manner as specified in section 4-206(C). Application amendments. If an application is amended to a less intensive request. such application may continue to proceed through the development review process. If an application is amended to a more intensive request. such application shall be readvertised to all persons originally entitled to notice and shall include the date. time and place of such hearing in the same manner as specified in Section 4-206(C) and reheard in accordance with the procedures specified in Section 4-206(D). Record of hearing. The city clerk shall ensure that the proceedings are recorded by appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording at any reasonable time or to make copies at his own expense. The record shall consist of the recording of testimony, all applications, exhibits and papers submitted in any proceeding with respect to the matter being considered, the report and recommendation of the community development coordinator, the Comprehensive Plan, and this Development Code. Page 4 - 17 Page 4 - 18 I I I I I I I I I I I I I I I I I I I G H. Reconsideration or rehearing. After a final decision, reconsideration or rehearing may be granted only upon a determination by the community development board or the hearing officer, as the case may be, at the next regularly scheduled meeting of the community development board or within 10 days of a hearing officer's that the decision, was based upon mistake, fraud or misrepresentation. If reconsideration or rehearing is granted, notice shall be provided in the same manner as the original proceeding. H 1. Other rules. Any other matters pertaining to the public hearing shall be governed by the provisions of this Development Code applicable to the community development board and city commission and their adopted rules of procedure. I J. Absence of applicant at hearing. If neither the applicant nor the applicant's representative is present at a public hearing, the community development board, the city commission or a hearing officer, sfl.aJl may continue consideration of the matter upon the timely receipt of a request to continue the matter because of exigent circumstances which preclude the attendance of an applicant or his or her representative which request is received by the decision maker prior to the noticed time of consideration of the matter, or shall deny the application unless such application involves the annexation of property developed or to be developed with one detached dwelling, property which is the subject of an approved annexation agreement or unless the application for development approval constitutes competent substantial evidence in support of the application. DIVISION 3. PERMITTED USES: LEVEL ONE INSET: diagram Under Determination of Sufficiency. change "flexible development" to "flexible standard". Under Community Development Coordinator. change "Approval" to "Appeal". Section 4-301. Purpose and applicability. This division establishes the approval process for level one approvals. Depending on the proposed use and the zoning district in which the parcel proposed for development is located, the level one approval submittal requirements and the scope of administrative review may vary. Depending on the nature and character of the use, the application may require a site plan, plat approval, a traffic impact study, and/or a certificate of concurrency capacity, as part of its application for approval. After a level one approval is obtained, a building and an occupancy permit are required, as well as any required licenses. Section 4-302. Application/approval by community development coordinator. A. Level one approval (standard development). An applicant for a level one approval (standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (E-E) to the community development coordinator who shall review the application in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with the requirements of this I I I I I I I I I I I I I I I I I I I Development Code. Within ten days of a determination of sufficiency, the community development coordinator shall approve the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of section 3--9-l-2- 913 in regard to general standards for approval conditions. A development order shall be issued by the Community Development Coordinator as evidence of such approval. B. Level one approval (flexible standard development). An applicant for level one approval (flexible standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (e-E) to the community development coordinator who shall review the application with the development review committee in accordance with the requirements of section 4-202(C) and (D) and determine whether the application demonstrates compliance with this Development Code. Within 20 days of a determination of sufficiency, the community development coordinator shall approve the application, or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3, including the provisions of section 3--9-l-2- .2.lLin regard to general standards for approval conditions. Section 4-303. Effect of level one approval. A level one approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this development code, the city or regional, state or federal agencies. Unless otherwise specified in the Level One (flexible standard) approval. an application for a building permit shall be made within one (1) year of the date of the Level One approval. and all required certificates of occupancy shall be obtained within one (1) year of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the Community Development Coordinator for a period not to exceed one (1) year and only within the original period of validity. DIVISION 4. PERMITTED USES: LEVEL TWO INSET: diagram Underneath "Building Permit" . add that a (permit can not be issued until after the appeal period expires). Section 4-401. Purpose and applicability. This division establishes the approval required to commence development of a use in a zoning district which is identified in that district as requiring a level two approval. A level two approval is granted by the community development board, based on a recommendation of the community development coordinator. As with level one approvals, depending on the nature and character of the use, the application may require a site plan, plat approval, a traffic impact study, and/or a certificate of concurrency capacity, as part of its application for approval. After a level two approval is obtained, a building and an occupancy permit are required, as well as any required licenses. Page 4 - 19 Page 4 - 20 I I I I I I I I I I I I I I I I I I I Section 4-402. Application. An applicant for a level two approval shall submit an application in accordance with the requirements of section 4-202 (A) and (E) to the community development coordinator who shall review the application in accordance with the requirements of section 4-202 (C) and (D). Section 4-403. Staff review, report and recommendation. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of section 4-202 (C) and (D), the coordinator shall transmit a written recommendation to the community development board, or the hearing officer, if applicable, with a copy to the applicant, setting forth recommended findings of fact regarding whether the application conforms to the flexibility criteria in the zoning district in which the property is located, proposed conclusions of fact and law and recommended conditions concerning the application. Section 4-404. Community development board decision. Upon receipt of the recommendation of the community development coordinator, the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and grant the approval,. grant the approval subject to specified conditions or deny the application for development approval. if the applicatioR f-or developmem approval can not be approved 'o'fith conditions, den)' the application '.'lith a statemeRt of chaBges necessftI"Y to make the application eligible f-or approval. The community development board shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements set out in Articles 2 and 3 including the provisions of section 3-911 in regard to general standards for approval conditions. Section 4-405. Effect of decision. Approval of a level two approval shall be deemed to authorize only the particular use for which it is issued and shall entitle the recipient to apply for a building permit or any other approval that may be required by this development code, the city or regional, state or federal agencies. Section 4-406. Changes to level two development approvals. A. Minor revisions. The community development coordinator is authorized to allow minor revisions to an approved level two approval after receipt of comments from the development review committee. A minor revision is one which: 1. Does not alter the location of any road or walkway by more than five feet. I I I I I I I I I I I I I I I I I I I 2. Does not change the use. 3. Does not increase the density or intensity of the development. 4. Does not result in a reduction of setback or previously required landscaping. 5. Does not result in a substantial change to the location of a structure previously approved. 6. Does not result in a material modification or the cancellation or modification of any condition placed upon the use as originally approved. 7. Does not add property to the parcel proposed for development. 8. Does not increase the height of the buildings. B. Other revisions. Any other adjustments or changes not specified as "minor" shall be granted only in accordance with the procedures for original approval. Section 4-407. Expiration of approval. Unless otherwise specified in the approval, an application for a building permit shall be made within one year of the date of the level two approval, and all required certificates of occupancy shall be obtained within one year of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the community development board for a period not to exceed one year and only within the original period of validity. Transfer of development rights are exempt from this provision. DIVISION 5. APPEALS Section 4-501. Authority and purpose. A. The community development board has the authority to hear appeals from: 1. Administrative interpretations of this development code. 2. Except for enforcement actions, other eOrders, requirements, decisions or determinations made by an administrative official in the administration of this development code. except for enforcement actions. 3. Level one approval decisions. 4. Denials of any permit or license issued under the provisions of this Code. Page 4 - 21 Page 4 - 22 I I :1 I I I I I I I I I I I I I ;1 I I B. The hearing officer has the authority to hear appeals from: 1. Decisions of the community development board regarding level two approvals. 2. Decisions of the community development board regarding level one approvals. 3. [Reserved. ] Section 4-502. Application/notice of appeal. A. An appeal of a level one approval (flexible standard) may be initiated by a property owner abutting the property which is the subject of the approval within !We seven days of the date ef the decision development order is issued. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. B. An application/notice of appeal of any decision of the city, as provided in section 4-501, may be initiated by the applicant or any person granted party status within 14 days of the decision. Such application shall be filed with the city clerk in a form specified by the community development coordinator identifYing with specificity the basis for the appeal and accompanied by a fee as required by section 4-202(E). The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. C. No building permit shall be issued for a Level Two or Level Three Approval prior to the expiration of the appeal period. Section 4-503. Staff review, report and recommendation. After the community development coordinator has reviewed the application/ notice of appeal in accordance with the provisions of section 4-202(C) and (D), he the Coordinator shall send a written recommendation to the community development board, or the hearing officer, if applicable, with a copy to the applicant, setting forth whether the appeal should be granted or denied and the grounds for such recommendation. Section 4-504. Community development board appeals. A. Except as provided in subsection B of this section, upon receipt of the recommendation of the community development coordinator regarding appeals from decisions set out in section 4-501(A), the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and render a decision in accordance with the provisions of section 4-206(D5) granting the appeal, granting the appeal subject to specified conditions or denying the appeal. I I I I I I I I I I I I I I I I I I I B. Upon receipt of an application/notice of appeal from a level one approval (flexible standard) from an abutting property owner, the community development board shall place the appeal on the consent agenda of the next scheduled meeting of the board. Notice of the date of such meeting shall be provided the applicant and the appellant(s) by mail and by telephone. The appeal may be removed from the consent agenda only by a vote of at least four members of the community development board. If the appeal is not removed from the consent agenda, it shall be approved, along with any other consent agenda items, by a vote of a majority of the members of the board. If the appeal is removed from the consent agenda, the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and render a decision in accordance with the provisions of section 4-206(D)(5) granting the appeal, granting the appeal subject to specified conditions or denying the appeal. C. In order to grant an appeal, overturning or modifYing the decision appealed from, the community development board shall find that based on substantial competent evidence presented by the applicant or other party: I. The decision appealed from misconstrued or incorrectly interpreted the provisions of this development code; 2. That the decision will be in harmony with the general intent and purpose of this development code; and 3. Will not be detrimental to the public health, safety and general welfare. Section 4-505. Hearing officer appeals. A. Upon receipt ofa notice of appeal regarding decisions set out in Section 4-501(B), the hearing officer shall, in concert with the city clerk, establish a timely date and hour and location for a quasi-judicial hearing. The city clerk shall give notice of the public hearing in accordance with the provisions of section 4-206(C) and the hearing shall be conducted in accordance with the procedures set forth in section 4-206(D). B. The record before the community development board shall be incorporated into the record before the hearing officer, supplemented by such additional evidence as may be brought forward during the hearing. C. The burden shall be upon the appellant to show that the decision of the community development board cannot be sustained by the evidence before the board and before the hearing officer, or that the decision of the board departs from the essential requirements of law. D. The hearing officer shall render a decision within 45 days of the hearing in accordance with the provisions of section 4-206 (DS). The decision of the hearing officer shall be Page 4 - 23 final, subject to judicial review by common law certiorari to the circuit court. The filing of a petition for certiorari stays the decision of the hearing officer pending the final determination of the case. DIVISION 6. LEVEL THREE APPROVALS INSET: diagram Add to side of chart (as in Level Three Approvals chart) that the application for development approval and determination of completeness must occur within 15 days. Section 4-601. Text amendments. A. Purpose and applicability. The purpose of this section is to establish the procedures for amending the text of this Development Code in accordance with the Florida Statutes. B. Application/initiation. Amendments to the text of this development code may be initiated by the city commission, the community development coordinator, the community development board and by any person in conjunction with an application for development approval. Proposed text amendment applications shall include such information as is applicable in section 4-202 (A) and the fee required by section 4-202(E). C. Staff review and recommendation. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of section 4-202(C) and (D), the coordinator shall send a written report and recommendation to the community development board, with a copy to the applicant, if any, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation ofthe community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of section 4-206 and issue a recommended order to the city commission setting forth the board's findings in regard to whether the proposed amendment will satisfy the standards set forth in section 4-601 (F) and may include any proposed modifications or conditions to the proposed amendment. E. City commission review/decision. Upon receipt of the recommended order of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of section 4-206 and shall approve, approve with conditions or deny the amendment. F. Standards for review. In reviewing the application for a text amendment, the city commission shall consider whether the proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan, and furthers the Page 4 - 24 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I purposes of this development code and other city ordinances and actions designed to implement the plan. Section 4-602. Zoning atlas amendments. A. Purpose and applicability. The Zoning Atlas of the City of Clearwater consists of a map of the city, published in the form of an atlas or book containing a title and summary page and additional separate sheets, each covering a portion of the city, depicting all real property within the city and designating the various zoning districts and the boundaries thereof The zoning atlas shall be in sufficient detail so that property owners may locate their properties with respect to the zoning district boundary lines. It is the purpose of this section to establish a procedure for amending the zoning atlas of the city in accordance with Florida Statutes. B. Application/initiation requirements. An application for an amendment of the zoning atlas of the city may be initiated by the city commission, the community development coordinator, the community development board and by any person in conjunction with an application for development approval. Proposed zoning atlas amendment applications shall include such information as is applicable in section 4-202(A) and the fee required by section 4-202(E). C. Staff review and recommendation. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant, if any, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of section 4-206 and issue a recommended order to the city commission setting forth the board's findings in regard to whether the proposed amendment will satisfy the standards set forth in section 4-602(F) and may include any proposed modifications or conditions to the proposed amendment. E. City commission review/decision. Upon receipt of the recommended order of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of section 4-206 and shall approve, approve with conditions or deny the amendment. Upon adoption of an ordinance amending the zoning atlas, the zoning atlas shall be deemed amended as of the effective date of the ordinance. The community development coordinator shall revise and may republish from time to time the zoning atlas or portions thereof as amended, but a failure to revise or republish shall not affect the validity of any ordinance amending the zoning atlas. Page 4 - 25 F. Standards for review. No amendment to the zoning atlas shall be approved unless the city commission finds that such amendment complies with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the comprehensive plan and furthers the purposes of this development code and other city ordinances and actions designed to implement the plan. 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the city. 4. The amendment will not adversely or unreasonably affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic- carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Section 4-603. Comprehensive plan amendments. A. Purpose and applicability. The city commission is hereby authorized to amend the text of the City of Clearwater's Comprehensive Plan and the Future Land Use Map in accordance with the procedures in this section and Florida law. B. Application requirements/initiation. 1. An amendment to the City of Clearwater's Comprehensive Plan and the Future Land Use Map may be initiated by the city commission, the community development board or the city manager. An amendment to the future land use map may be proposed by the owner of the property or his representative which is the subject of the amendment. An amendment to any other element of the plan may be proposed by an owner of property who has applied for development approval when an amendment to the plan appears necessary to resolve a conflict between one or more provisions of the plan and the application for development approval. 2. An application shall be submitted in a form provided by the community development coordinator, setting forth the purpose, scope and provisions of the proposed amendment. An application for a comprehensive plan amendment which Page 4 - 26 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I does not affect an individual parcel of land, shall be accompanied by such data and analysis as would be required to support such an amendment under Florida Statutes. An application for a comprehensive plan amendment which does affect an individual parcel of land shall include the basic information required in section 4- 202(A), the fee required in section 4-202(E) and the following: a. The proposed city future land use map classification or text amendment. b. An assessment, conducted in accordance with specific requirements of the community development coordinator, of the impact of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the city. c. Such other information as may be required to demonstrate the proposed amendment complies with the standards set forth in 4-603(F). c. Staff review and report. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt ofthe recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of section 4-206 and issue a recommended order to the city commission setting forth the board's findings in regard to whether the proposed amendment will satisfy the standards set forth in section 4-603(F) and may include any proposed modifications or conditions to the proposed amendment. E. City commission review/decision. Upon receipt of the recommended order of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of section 4-206 in order to determine if the proposed amendment should be transmitted to other agencies and governmental entities for review if required by Florida Statutes. If transmittal to other agencies is required, the city commission shall conduct another public hearing after such transmittal in accordance with the provisions of section 4-206 in order to determine if the proposed amendment should be adopted. In acting on a proposed amendment, the city commission may accept, accept with modifications or conditions, or reject the proposed amendment. F. Standards for review. No amendment to the comprehensive plan or future land use map shall be approved unless it complies with the following standards: Page 4 - 27 Page 4 - 28 I I I I I I I I I I I I I I I I I I I 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. 2. The amendment is not inconsistent with other provisions of the comprehensive plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. Section 4-604. Annexation. A. Purpose and applicability. The city commission is authorized to annex property to the city pursuant to the provisions of this section and Florida Statutes, in order to establish an orderly and equitable process for expanding the territorial limits of the city consistent with the planning and service areas of the city as set forth in the comprehensive plan and to ensure the provision of sound urban services to newly annexed areas. B. Application/petition. An application/petition for annexation shall be filed in a form prescribed by the community development coordinator and shall include the information required by section 4-202(A), where applicable, the fee required by section 4-202(E) and the following: 1. A signed and sworn disclosure-of-interest statement. 2. If development is to be initiated prior to the effective date of the annexation and where such development is for a use other than a detached dwelling, then requisite site plans, plats, and engineering plans shall be submitted together with the petition or agreement to annex. 3. A proposed land use and zoning category, if different from the categories assigned to the property in the comprehensive plan. 4. The terms of a proposed agreement to annex, if any. C. Staff review and recommendation. Upon receipt of an application/petition, the community development coordinator shall review the application/petition in accordance with the I I I I I I I I I I I I I I I I I I I procedures of section 4-202(C) and (D) and the standards in section 4-604(F) and submit a recommendation on the proposed annexation to the community development board. D. Community development board The community development and redevelopment board shall conduct a public hearing in accordance with the procedures of section 4-206 and shall consider the recommendation of the community development coordinator, the testimony at the public hearing and the standards in section 4-604(F) and submit a recommendation on the proposed annexation to the city commission. E. City commission decision. The city commission shall consider the recommendation of the community development board and after a public hearing conducted in accordance with the provisions of 4-206, approve or disapprove the proposed annexation. If the annexation requires review by the county planning council, because the proposed annexation exceeds the acreage threshold established by the county planning councilor otherwise, the community development coordinator shall coordinate such review and the city commission shall take such action as is necessary after such review is completed to ensure that the county land use categories are consistent with those the city assigned to the property. F. Standards for annexation. In considering whether to annex a particular parcel of property, the city shall consider the extent to which: 1. The proposed annexation will impact city services. 2. The proposed annexation is consistent with the comprehensive plan. 3. The proposed annexation requires a change in the land use classification and zoning category assigned to the property and the justification for such change. 4. The proposed annexation exceeds the acreage threshold established by the county planning council, thereby requiring review and determination regarding the city's ability to serve. 5. The proposed or existing development, if any, is consistent with city regulations. 6. The terms of a proposed annexation agreement, if any, promotes the city's comprehensive plan. G. Impact fees. The annexation of property by the city commission shall not be effective until the owner of the property to be annexed has paid applicable impact fees to the city. Section 4-605. Developments of regional impact. A. Purpose and applicability. The city commission is hereby authorized to issue development orders for developments of regional impact in accordance with the requirements of Chapter 380, Fla. Stat. and this section. Page 4 - 29 B. Application. I I I I I I I I I I I I I I I I I I I 1. Initiation of proposal. An application for approval of a development of regional impact may be proposed by the owner of the property which is the subject of the application, the city commission or the city manager. 2. Application. Any proposed development of regional impact shall be filed with the community development coordinator on forms provided containing the information necessary to demonstrate that the proposed development meets the criteria of section 4-605(F). c. Staff review and report and recommendation. Upon receipt of an application, the community development coordinator shall review the application with the development review committee in accordance with the procedures of section 4-202(C) and (D) and the standards in section 4-605(F) and submit a recommendation to the community development board. D. Community development board review. The community development board shall conduct such public hearings as required by Chapter 380, Fla. Stat. in accordance with the provisions of section 4-206 to review the proposed development order, and shall consider the recommendation of the community development coordinator, the testimony at the public hearing, the standards in section 4-605(F) and issue a recommended order to the city commission. E. City commission review and decision. The city commission shall conduct such public hearings as required by Chapter 380, Fla. Stat. to review the development order in accordance with the provisions of section 4-206 and shall consider the recommended order of the community development board, the testimony at the public hearing, the standards in section 4-605(F), and render a decision in accordance with the provisions of section 4-206(D6). F. Standards for review. In reviewing the application for a development of regional impact order, the community development coordinator, the community development board, and the city commission shall consider whether and the extent to which: 1. The development will interfere with the achievement of the objectives of the adopted county-wide plan applicable to the area. 2. The development is consistent with the City of Clearwater's Comprehensive Plan. 3. The development is consistent with the report and recommendations of the regional planning agency. 4. The development is consistent with the State Comprehensive Plan. Page 4 - 30 I I I I I I I I I I I I I I I I I I I G. Changes to development orders. Any changes to development orders shall be processed and reviewed in the same manner as the original approval. Section 4-606. Development agreements. A. Purpose and applicability. The city commission may enter into development agreements in accordance with the provisions of this section and applicable Florida law to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. B. Application requirements. In addition to the basic information required by section 4- 202(A) and the fee required by section 4-202(E) an application for approval of a development agreement shall be accompanied by: 1. A statement of the requested duration of the development agreement, which shall not exceed ten years. 2. A description of all existing and proposed public facilities and services that serve or will serve the development. 3. A description of the uses desired to be permitted on the land, including population densities and building intensities and heights. 4. Identification of zoning district changes, code amendments and comprehensive plan amendments that will be required if the proposed development proposal were to be approved. 5. The zoning and land use categories of all adjoining properties. 6. The complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. C. Staff review and report. The community development coordinator shall review the application for a development agreement with the development review committee in accordance with the provisions of section 4-202(C) and (D) and shall prepare a written recommendation to the community development board. D. Community development board review. The community development board shall review the proposed development agreement, the recommendation of the community development coordinator, and the testimony at the public hearing, the standards in section 4-606(F) and shall issue a recommendation to the city commission for approval or denial of the development agreement. Page 4 - 3 1 E. City commission review. The city commission shall conduct a public hearing in accordance with the provisions of 4-206. Upon conclusion of the public hearing, the commission shall review the proposed development agreement, the recommendation of the community development coordinator, the recommendation of the community development board, the testimony at the public hearing and approve, approve with modifications, or deny approval of the proposed development agreement. F. Standards for review. In reaching a decision as to whether or not the development agreement should be approved, approved with changes, approved with conditions, or disapproved, the city commission shall determine whether the development agreement is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. G. Contents of development agreement/recording. I. Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. Page 4 - 32 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development and development code. Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. 1. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the city. J. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. 2. Recording. No later than 14 days after the execution of a development agreement by all parties thereto, the city shall record the development agreement with the Clerk of the Circuit Court in Pinellas County. The applicant for a development agreement shall bear the expense of recording the development agreement. Additionally, the city shall submit a recorded copy of the development agreement to the State of Florida Department of Community Affairs no later than 14 days after the development agreement is recorded. A development agreement shall not be effective until it is properly recorded in the public records of the County and until 30 days after having been received by the Department of Community Affairs. Page 4 - 33 H. Effect of decision. 1. The codes and ordinances of the city governing the development of land subject to a development agreement, in existence at the time of the execution of a development agreement, shall govern the development of the land for the duration of the development agreement. Upon the expiration or termination of a development agreement, all codes and ordinances of the city in existence upon the date of expiration or termination shall become applicable to the development regardless of the terms of the development agreement. 2. The city may apply codes and ordinances adopted subsequent to the execution of a development agreement to the subject property and development only if the city commission, upon holding a public hearing, has determined that such subsequent codes and ordinances are: a. Not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement. b. Are essential to the public health, safety or welfare, and expressly state that they shall apply to a development that is subject to a development agreement. c. Are specifically anticipated and provided for in the development agreement. d. The city demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement. e. The development agreement is based on substantially inaccurate information supplied by the developer. 1. Changes to development agreements. A development agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of section 4-206 of this development code are followed. A party to a development agreement may request one extension of the duration of the development agreement, not to exceed one year from the date of expiration of the initial term of the development agreement, by submitting an application to the community development coordinator at least 60 days prior to the expiration of the initial term of the agreement. The application shall address the necessity for the extension and shall demonstrate that the extension is warranted under the circumstances. The community development coordinator shall schedule the requested extension as a proposed amendment to the development agreement for public hearing before the community development board and city commission, in accordance with section 4-206 of this development code. Page 4 - 34 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1. Expiration or revocation of approval. The city manager shall review all lands within the city subject to a development agreement at least once every 12 months to determine if there has been demonstrated good-faith compliance with the terms of the development agreement. The city manager shall make an annual report to the city commission as to the results of this review. In the event the city commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the development agreement may be revoked or modified by the city commission upon giving at least 15 days written notice to the parties named in the development agreement. Such termination of a development agreement shall occur only after compliance with the public hearing and notice requirements of section 4-206. Section 4-607. Historic designation. A. Purpose and applicability. The city commission is authorized to designate historic properties and districts in order to meet the following objectives: 1. To protect, enhance and preserve those historic properties and districts which represent or reflect the city's cultural, social, economic, political and architectural history. 2. To preserve and enhance property values, stabilize neighborhoods and other areas of the city, increase economic benefits to the city and its inhabitants, continue the redevelopment of the original center of the city, and promote and enrich the city's educational and cultural environment. B. Application. An application for historic designation may be initiated by a property owner based on a report which includes, at a minimum, the following: 1. The location and boundaries of the property or district. 2. The historic, architectural, or archaeological value of the property or district, and its relationship to the history, government or culture of the city. 3. Present and projected economic trends and conditions relating to the maintenance, development or redevelopment of the property or district. 4. A list of contributing and noncontributing properties within a district. C. Staff review and report. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. Page 4 - 35 F. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of section 4-206 and issue a recommendation to the city commission setting forth the board's findings in regard to whether the proposed designation will satisfy the standards set forth in section 4-607(G) and may include any proposed modifications or conditions to the proposed designation. I I I I I I I I I I I I I I I I I I I E. City commission review/decision. Upon receipt of the recommendation of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of section 4-206 and shall approve, approve with conditions or deny the designation. Upon adoption of an ordinance designating a property or district as historic, the owner shall be given written notice of such designation by the city clerk. A suitable sign or marker indicating the historic designation shall be erected on or near the property or district. Standards for designation. 1. Historic properties may include but are not limited to Indian habitations, ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic historical, architectural, or archaeological value relating to the history, government and culture of the city. 2. The following criteria shall be used in evaluating proposed historic properties and districts: a. Whether the property or district is associated with events that have made a significant contribution to the broad pattern of city, state or national history. b. Whether the property or district is associated with the lives of persons significant in history. c. Whether the property or district possesses distinctive characteristics of a type, period or method of construction, or the representation of the work of as master, or the possession of artistic values. d. Whether the property or district has yielded or may be likely to yield information important in prehistory or history. 3. Properties and districts shall be classified additionally as follows: a. Exceptional - Satisfies each of the four criteria. b. Excellent - Satisfies three of the above criteria. Page 4 - 36 I I I I I I I I I I I I I I I I I I I c. Notable - Satisfies two of the above criteria. d. Of value as part of the scene - Satisfies one of the above criteria. 4. Properties need not be contiguous. 5. Contributing properties are those properties that meet the following criteria: a. The structure's location, design, setting, materials, workmanship, feeling and association add to the district's sense of time and place and historical development, and contributes to the historical significance of the historical district, and b. Structures that have been built since 1940 shall not be considered to contribute to the historical significance of a district unless a strong justification concerning their historical or architectural merit is given, or the historical attributes of the district or structure are considered to have arisen since 1940. G. Removal of designation. The removal of the historic designation from a property or district shall follow the same procedures as were used for its designation. Section 4-608. Neighborhood conservation overlay district. A. Purpose. The purpose of the neighborhood conservation overlay district is to provide a means of ensuring that infill and redevelopment activities in existing, stable residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood. B. Designation criteria. The Community Development Director shall be responsible for determining whether a neighborhood is eligible for Neighborhood Conservation Overlay District Designation based on the following criteria: 1. The area proposed to be designated as a neighborhood conservation district is fully developed and well-maintained, and 2. Less than ten percent of the land area of the area proposed to be designated as a neighborhood conservation district is made up of vacant lots, and 3 . The value of improvements and land in the area proposed to be designated as a neighborhood conservation district have been generally stable or increasing during the preceding three years, and Page 4 - 37 4. There are no significant planned road improvements within the boundaries of the area proposed to be designated as a neighborhood conservation district, and 5. No more than ten percent of the structures within the area proposed to be designated as a neighborhood conservation district have been the subject of code enforcement proceedings, and 6. No more than ten percent of the structures within the area proposed to be designated as a neighborhood conservation district are non-conforming structures, fHlEi 7. No more than ten percent of the structures within the area proposed to be designated as a neighborhood conservation district are used as non-conforming uses. 8. The size of the area proposed to be designated as a neighborhood conservation district is sufficient to warrant such designation: and 9. The cohesiveness of the area proposed to be designated as a neighborhood conservation district is sufficient to warrant such designation. c. Neighborhood conservation district elements. The designation of an area as a neighborhood conservation district shall specify additional restrictions or requirements which are necessary in order to protect the public health, safety and welfare of the area proposed for designation. D. Designation process. 1 . The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the development rO'/ie'.\' community development coordinator and initiated by a petition signed by the owners of.w 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk. 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. Page 4 - 38 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a 90-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. 5. Upon completion ofa special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, and section 4-602 for amendments to the zoning atlas. E. Requirements of the Neighborhood Any neighborhood which receives neighborhood conservation overlay district designation shall be a partner with the City in implementing the provisions of such overlay district by committing to the following: 1. Educating neighborhood property owners of the requirements of the overlay district at least two times a year through neighborhood association meetings and/ mailing or any other methods approved by the Community Development Director; and Page 4 - 39 2. Providing the initial means of enforcement for any violation of the requirements of the overlay district. If compliance can not be gained by the neighborhood. the City shall commence code enforcement efforts. Section 4-609. Vested rights. A. Authority and applicability. Notwithstanding the comprehensive plan of the city or the provisions of this development code, an owner of land may be entitled to develop or to complete the development of property upon the receipt of a determination of vested rights in accordance with the provisions of this division. B. Application. 1. An application for a vested rights determination shall be submitted in a form required by the community development coordinator, including the information required in section 4-202(A) and the fee required in section 4-202(E), and the following information: a. Identification by specific reference to each provision in the comprehensive plan with which the development or the continued development of the property appears to be inconsistent. b. Identification by specific reference to any ordinance, resolution or other action of the city or failure to act by the city, upon which the applicant relied and which the applicant believes support the owner's right to develop or continue the development of the property, notwithstanding an apparent conflict with the comprehensive plan or this development code. c. Identification of applicable standards or threshold guidelines in section 4- 609(F). d. Statement of facts which the applicant intends to prove in support of the application. e. Such other relevant information that the community development coordinator may request. C. Staff review and recommendation. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development Page 4 - 40 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I board shall conduct a public hearing on the application in accordance with the requirements of section 4-206 and issue a recommendation to the city commission setting forth the board's findings in regard to whether the application will satisfy the standards set forth in section 6-609(F) and may include any proposed modifications or conditions to the application. E. City commission review/decision. Upon receipt of the recommendation of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of section 4-206 and shall approve, approve with conditions or deny the application. F. Standards for review/threshold guidelines. 1. The right to develop or to continue the development of property shall be found to exist if any of the following threshold guidelines are satisfied: a. The development is an approved development of regional impact and is consistent with the current development order for the project, or the development order as it may subsequently be amended, provided that no additional level of service impacts are created as a result of the amendment to the development order. b. A valid and unexpired final development order was issued by the city not more than 180 days prior to May 3 1, 1990. c. A valid unexpired final development order was issued by the city more than days prior to May 31, 1990, construction commenced within 180 days after the issuance ofthe development order and construction is continuing in good faith. d. The development is consistent with an expired certified site plan for which all applicable impact fees have been paid, or substantial site improvements, such as but not necessarily limited to the following, have been installed to city standards in a manner consistent with the certified site plan: water, sewer, and drainage facilities; roads; and parking facilities unless a refund of impact fees paid by the developer. and compensation for improvements made. where appropriate. is made by the City or a third party. e. The development is consistent with an approved final site plan that has not been certified but can meet all requirements for certification and for which all applicable impact fees have been paid, or substantial site improvements, such as but not necessarily limited to the following, have been installed to city standards and in a manner consistent with the approved final site plan: water, sewer and drainage facilities; roads; and parking facilities. Page 4 - 41 f. The development is consistent with an approved, recorded subdivision plat for which all applicable impact fees have been paid, or substantial site improvements such as but not necessarily limited to the following have been installed to city standards and in a manner consistent with the subdivision plat: water, sewer and drainage facilities; roads; and parking facilities. I I I I I I I I I I I I I I I I I I I g. The development of the property is the subject of a final judgment entered by a court in which the owner was adjudicated to have certain development rights specified in the final judgment notwithstanding any ordinance of the city to the contrary, but the right of continued development shall be limited to the development rights specified in the final judgment. h. The development of the property is the subject of a final development order or certified site plan for which a complete and acceptable application was received by the planning and development department on or before February 15, 1990, provided that the final development order or certified site plan was approved on or before July 30, 1990, and all applicable impact fees have been paid on or before the date of approval. 2. The threshold guidelines set forth in subsection (F 1) of this section shall not be deemed an exclusive statement of the grounds for determining that the right to develop or to continue the development of property exists. 3. The right to develop or to continue the development of property shall not be based solely and exclusively upon any preliminary development order including but not limited to the following: a. A level one approval. b. A level two approval. c. An amendment to the zoning atlas. d. The approval of a preliminary plat. e. A land use designation in any comprehensive plan. 4. The threshold guidelines set forth in subsection (F3) of this section shall not be deemed a limitation upon the ability of the applicant to demonstrate by competent substantial evidence that such rights exist, and the guidelines shall not be deemed an exhaustive listing of acts of the city which are insufficient to establish such rights. G. Rule of equitable estoppel; rule against taking of property. 1. Each decision relating to a vested rights determination shall be in accordance with either or both of the following rules, as determined by the facts of each case: Page 4 - 42 I I I I I I I I I I I I I I I I I I I a. A right to develop or to continue the development of property notwithstanding the comprehensive plan shall be found to exist whenever the applicant proves by competent, substantial evidence that the owner, relying in good faith upon some act or omission of the city, has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the property. b. Private property shall not be taken without due process of law and the payment of just compensation. In this context 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. 2. The rules of equity set out in this subsection are derived from the state constitution and the common law of the state, and in any case in which it is made to appear that a decision will violate either rule, that result shall be avoided. DIVISION 7. SUBDIVISIONSIPLATS Section 4-701. Purpose and applicability. The purpose of this division is to establish procedures and standards for the subdivision of land to ensure the orderly layout of property, to ensure proper legal descriptions and monumenting of subdivided property, and to implement the comprehensive plan. A plat shall be approved for all subdivisions and condominiums within the corporate limits of the city, except: A. The reversion, combination or recombination of portions of previously platted lots where no new parcels or residual parcels are created which are smaller than any of the original lots or smaller than the applicable minimum lot area requirements in Article 2 of this development code. B. The conveyance of a lot or tract to an adjacent lot or tract which neither reduces any lot or tract to an area or width less than required in Article 2 of this development code for the zoning district in which the lot or tract is located nor is inconsistent with any other provision of this development code. C. The division of previously platted property where: 1. Not more than two tracts or lots are involved; 2. No new street or alley is proposed or additional right-of-way is required; 3. No vacation or elimination of streets, alleys, setback lines, access control Or easements is required or proposed; Page 4 - 43 Page 4 - 44 I I I I I I I I I I I I I I I I I I I 4. All easement requirements have been or will be satisfied; 5. The division will not result in a tract or lot that does not have direct access to a street; 6. The division complies with all the provisions of this development code. D. Applications for minor lot adiustments shall include a survey of the existing lots and a survey and legal description of the proposed new lots. The Community Development Coordinator shall process applications as a Level One (minimum standard) Approval and all new lots shall comply with the minimum lot size. width. setback. ISR and FAR requirements required by the zoning district in which the property is located. After such new lots are recorded in the County. the applicant shall file copies of the recorded legal descriptions and survey with the Community Development Director. The City Engineer shall be responsible for recording such approved lot adiustments on the City's Zoning Atlas. Section 4-702. Required approvals. If plat approval is required, approval is obtained in two stages: preliminary and final plat approval and is intended to be processed simultaneously with other required approvals. Preliminary approval is granted by city staff for level one approvals and the community development board for level two approvals. In the event a level two approval is required, the preliminary plat is a required submission and will be reviewed and approved by the community development board as part of that approval process. While city commission approval is required by state law for final plats, the approval process is ministerial, assuming compliance with the preliminary plat approval and all requirements of the city code. If plat approval is required, preliminary plat approval must obtained before a building permit may be issued. Evidence of the recording of an approved final plat must be submitted prior to the issuance of a certificate of occupancy. Section 4-703. Application requirements. A. Preliminary plat. The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer, shall be drawn to a scale not smaller than one inch equals 100 feet, and shall include the following: 1. Title under which the proposed plat is to be recorded; 2. Name, address and telephone number of the applicant, property owner if other than the applicant, and person preparing the plat; 3. Identification clearly stating that the drawing is a preliminary plat; 4. Legal description of the property, u.s. Survey section, township and range lines; I I I I I I I I I I I I I I I I I I I 5. Existing and proposed rights-of-way and easements; 6. Proposed street names; 7. Names, appropriately positioned, of adjoining plats; 8. Approximate (to the nearest foot) dimensions and area of: a. The overall plat; b. Each lot; c. Street rights-of-way, including radii of culs-de-sac; d. Common open space or other land to be dedicated for a public purpose if any; 9. North arrow, scale and date. B. Final plat. The final plat shall be suitable for recording at the office of the clerk of the circuit court. It shall be prepared and sealed by a land surveyor registered by the state and shall conform with the requirements ofF.S. ch. 177, and the requirements of this subsection. It shall be drawn at a scale of one inch equals 50 feet or other scale determined appropriate by the city engineer. The overall sheet size of the plat shall be consistent with the standards established by the clerk of the circuit court for recording. Each sheet shall be provided with a one-inch margin on each of three sides and a three- inch margin on the left side of the plat for binding purposes. 1. Content. Information required on the final plat in a form satisfactory to the city shall include: a. Name of plat. b. Location of the plat by U.S. Survey System and political subdivision, including section, township, range, county and state. c. Names of existing streets abutting or giving access to the proposed plat. d. All plat boundaries based on an accurate transverse, with all angular and linear dimensions shown. Error of enclosure of such boundary survey shall not exceed one foot for each 10,000 feet or perimeter survey. e. All blocks, lots, streets, crosswalks, easements and waterways, within and adjacent to the plat, all of which shall have all angular and linear dimensions given and all radii, internal angles, bearings, points of curvature, tangents and lengths of all curves, so that no dimensions or data are missing which are required Page 4 - 45 J. for the future location of any of the comers or boundaries of blocks, lots or streets, as listed above. When any lot or portion of the plat is bounded by an irregular line, the major portion of that lot or plat shall be enclosed by a witness line showing complete data, with distances along such lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as "more or less," if variable. All dimensions shall be given to the nearest hundredth of a foot. True angles and distances shall be drawn to the nearest established official monuments, not less than three of which shall be accurately described on the plat. The intended use of all easements shall be clearly stated. f Curvilinear lots shall show arc distances, and radii, chord, and chord bearing. Radial lines shall be so designated. Direction ofnonradiallines shall be indicated. g. Sufficient angles and bearings shall identify the direction of all lines and shall be shown to the nearest second. h. All right-of-way centerlines shall be shown with distances, angles, bearings or azimuth, points of curvature, points of tangency points of reverse curvature, points of compound curvature, arc distance, central angles, tangents, radii, chord, and chord bearing or azimuth, or both. 1. All easements or rights-of-way provided for public services or utilities, and any limitations of such easements. All lot numbers and lines. Lot lines shall be marked with accurate dimensions in feet and hundredths of feet, and bearings or angles to street lines. k. Accurate descriptions of any area to be dedicated or reserved for public use with the purpose indicated thereon. l. Title, date of survey, graphic scale of map and north arrow. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend. m. Permanent reference monuments shall be placed in accordance with requirements of the State of Florida. n. Each plat shall show a description of the lands platted, and the description shall be the same in the title certification. The description shall be so complete that from it, without reference to the plat, the starting point and boundary can be determined. o. The circuit court clerk's certificate and the land surveyor's certificate and seal. Page 4 - 46 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I p. All section lines and quarter section lines occurring in the map or plat shall be indicated by lines drawn upon the map or plat, with appropriate words and figures. If the description is by metes and bounds, the point of beginning shall be indicated, together with all bearings and distances of the boundary lines. If the platted lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. The point of beginning in the description shall be tied to the nearest government corner or other recorded and well-established comer. q. All contiguous properties shall be identified by plat title, plat book and page or, if unplatted, land shall be do designed. If the area platted is a replatting of a part or the whole of a previously recorded plat, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made and reference to the replatting shall be stated as a subtitle following the name of the plat wherever it appears on the plat. r. All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered or lettered in each block, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout the several additions. s. Park, recreation and open space parcels shall be so designated. t. All interior excepted parcels shall be clearly indicated and labeled "Not apart of this plat. II u. The purpose of all. areas dedicated must be clearly indicated or stated on the plat. v. When it is not possible to show curve detail information on the map, a tabular form may be used. 2. Documentation. The following documentation shall accompany the final plat: a. A title opinion of an attorney licensed in the state or a certification by an abstractor or a title company stating that the court records identify that the title to the land as described and shown on the plat is in the name of the person executing the dedication. In addition, a document entitled consent to platting of lands and partial release of mortgage shall be filed together with the final plat for each person or corporation holding a mortgage on all land included on the plat, where such person has not signed the final plat. The title opinion or certification shall show all mortgages not satisfied or released of record nor otherwise terminated by law. b. Certification by a registered land surveyor that the plat represents a survey made by that individual that all the necessary survey monuments, lot sizes and lot dimensions are correctly shown thereon, and that the plat complies with all of the Page 4 - 47 Page 4 - 48 I I I I I I I I I ,I I I I I I I I I I sUlvey requirements of Chapter 177 and this development code. Impressed on the plat and affixed thereto shall be the personal seal and signature of the registered land surveyor including the registration number of the surveyor, by whom or under whose authority and direction the plat was prepared. c. A boundary survey of the platted lands. However, a new boundary survey for a replat is required only when the replat affects any boundary ofthe previously platted property or when improvements have been made on the lands to be replatted or adjoining lands. The boundary survey must be performed and prepared under the responsible direction and supervision of a professional surveyor and mapper preceding the initial submittal of the plat to the local governing body. This subsection does not restrict a legal entity from employing one professional surveyor and mapper to perform and prepare the boundary survey and another professional surveyor and mapper to prepare the plat, except that both the boundary survey and the plat must be under the same legal entity. d. Certification that all real estate taxes have been paid. e. Every plat of a subdivision or condominium filed for record shall include any required dedication by the applicant. The dedication shall be executed by all owners having a record interest in the land being platted, in the same manner in which deeds are required to be executed. All mortgagees having a record interest in the land platted shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or in separate instrument joining in the ratification of the plat and all dedication and reservations thereon in the form of a consent to plat from all mortgage interests acceptable to the city attorney. When a tract or parcel of land has been platted and a plat thereof bearing the dedication executed by the developer and approval of the city has been secured and recorded in compliance with this division, all streets, alleys, easements, rights-of-way and public areas shown on such plat, unless otherwise stated, shall be determined to have been dedicated to the public for the uses and purposes stated thereon, notwithstanding any separate action by resolution of the city commission to formally accept such offers of dedication. f. Any existing or proposed private restrictions and trusteeships and their periods of existence shall be filed as a separate instrument and reference to such instrument shall be noted on the final plat. g. After a final plat has been approved, three prints of as-built drawings showing the improvements that have been constructed according to the approved subdivision construction plans and a copy of the financial guarantee for completion of required improvements shall be filed with the city engineer before such plat shall be recorded. 3. Financial guarantee. Unless all required improvements have been satisfactorily completed, an acceptable financial guarantee for required improvements shall accompany I I I I I I I I I I I I I I I I I I I every plat which is to be recorded to ensure the actual satisfactory completion of construction of all required improvements within not more than two years following the date of recording, or one year if sidewalks are the only required improvement to be completed following the date of recording. An acceptable financial guarantee for required improvements shall be in an amount not less than the estimated cost of the improvements, as approved by the city engineer, and may be required to be increased if the city engineer determines it appropriate, and may be reduced from time to time in proportion to the work completed, and may take one of the following forms, subject to the approval of the city engineer and the city attorney: a. Cash, to be held in a separate escrow account by the city; or b. An irrevocable letter of credit written by a bank chartered by the state, the United States government, or any other state of the United States if the bank is authorized to do business in the State of Florida, and acceptable to the city manager. The letter of credit shall include among other things, an expiration date not earlier than one year from the date of issuance; a provision required the issuer of the letter of credit to give at least 30 days' written notice to the city prior to expiration or renewal of the letter; and a provision that the letter is automatically renewed for a period of time equaling its original term if the required notice is not given; or c. A surety bond issued by a surety company authorized to do business in the state. The surety bond shall include, as a minimum, the provisions required for letters of credit. Section 4-704. Staff review and report/decision. After the community development coordinator has reviewed an application for level one approval with the development review committee in accordance with the provisions of section 4- 202(C) and (D), the coordinator shall approve the preliminary plat or, in the case of a level two approval, transmit a written recommendation to the community development board with a copy to the applicant, setting forth recommended findings concerning the application. Section 4-705. Community development board decision. In the event a preliminary plat is required in conjunction with a level two approval, the community development board shall consider the application in the same manner as required in section 4-405 for the level two approval. Section 4-706. Final plat review/staff. After a level one or level two approval is granted, the applicant shall submit a final plat for review and approval in accordance with the provisions of section 4-202(C), (D), and (E). If the community development coordinator determines that the final plat is in substantial conformity with the preliminary plat and complies with all the provisions of this development Page 4 - 49 code, the coordinator shall submit his recommendation of approval of the final plat to the city commission. Section 4-707. City commission review/decision/final plat. Upon receipt of the recommendation of the community development coordinator, the city clerk shall place the final plat on the city commission's consent agenda at its next regularly scheduled meeting. The city commission shall approve the final plat as part of the consent agenda unless four members of the city commission vote to remove the final plat from the consent agenda. In the event the final plat is removed from the consent agenda, the city commission shall approve the final plat by a majority vote unless it specifically finds that the plat does not conform to the standards of this development code. Section 4-708. Recording of final plat. A. Prior to the recording of a final plat, the applicant shall have completely installed to the satisfaction of the city engineer all of the following improvements in accordance with the standards set forth in this development code and the approved final plat: 1. All utility facilities and stormwater drainage facilities which are required to be installed underground; 2. All curbs, gutters and base materials for all streets, whether public or private; and 3. All excavations for detention ponds and necessary open ditches. B. All other required improvements shall either be completely and satisfactorily installed prior to the recording of the final plat or secured by the furnishing of an acceptable financial guarantee as described in section 4-703 (B )(3). C. Evidence of recording a final plat shall be submitted prior to the issuance of a certificate of occupancy. Section 4-709. Standards for review. All plats shall be in conformity with Article 3 of this development code, unless modified by the community development board, as part of a level two approval. DIVISION 8. TRAFFIC IMP ACT STUDY Section 4-801. Purpose and applicability. A. The purpose of the traffic impact study is to examine the effect of a proposed development on the roadways of the city in accordance with an established methodology. If a traffic impact study is required pursuant to this division, the methodology to be used Page 4 - 50 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I shall be discussed and agreed upon at a pre-application conference held in accordance with section 4-201. B. Except as provided in subsection C below, a traffic impact study shall be required as provided in this division for each development in the city which '.viii gCflerate 110 trips or more per average day based on the most reeent edition of the Institute of Transportation Engineers Trip Generation Manual and which will affect a backlogged road, or if the development '.viii generate peak hour trips equal to ORe perceRt or more of the peak hour capacity of any road within the city identified on the future traffic circulation map in the city's comprehensive plan and which is determined to be operating at a level of service d or bclo'N during the peak hour for any development which may degrade the acceptable Level of Service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineers Trip Generation Manual. C. No traffic impact study will be required for the following: 1. The development is an approved development of regional impact, and is consistent with the development order for the project if the development order was approved prior to May 17, 1990. 2. The development is consistent with an unexpired certified site plan that was certified prior to May 17,1990. 3. The development is consistent with an approved final site plan that is certified not later than July 16, 1990 and is not allowed to expire by the developer. 4. The development is consistent with an approved, recorded subdivision plat which meets all currently applicable requirements of this development code, if the plat was recorded prior to May 17, 1990. 5. The development is consistent with a building permit approved prior to May 17, 1990. 6. The development has been determined to have vested development rights. Section 4-802. Procedures. A. The impact of the proposed development on each road identified OR the future traffic circulation map shall be analyzed for all road segments where site generated traffic is projected to constitute one perceRt ofthe road,.vay's peak hour capacity at to determine if the proposed development may degrade the acceptable Level of Service ~as adopted in the Comprehensive Plan. B. Typically the examination shall be made for the p. m. peak hour of the roadway; if a proposed use or mix of uses has peaking characteristics which fall outside of the normal Page 4 - 51 Page 4 - 52 I I I I I I I I I I I I I I I I I I I p. m. peak hour, the traffic engineer may require an analysis of the particular peak period of the proposed use or mix of uses. C. The projections of site-related traffic shall be based on the most recent edition of the Institute of Transportation Engineers Trip Generation Manual or local empirical observations approved by the traffic engineer. D. If the proposed developmem is projected to generate 110 or more vehicle trips per day, the required analysis shall address the capacity of the roads identified on the future traffic circulation map, expressed as level of service standards in the comprehensive plan; determine the currem traffie volumes on such. roads; and determine whether any of such roads are backlogged roads or constrained facilities as identified in the comprehensive plafr. Section 4-803. Standards for study. A. Traffic characteristics to be analyzed. The following traffic characteristics shall be analyzed for any development for which a traffic impact study is required: 1. Existing and projected traffic volumes and levels of service. 2. Trip distribution including origination and destination projections for the proposed development. 3. Average daily trips and peak hour trips projected to be generated at buildout and full occupancy. 4. Amounts and projected growth of background traffic in five years. 5. Existing and future, roadway and intersection design capacities in five years. 6. Proposed improvements or alterations to roadways serving the development. 7. Percentage of internal capture and passerby trips. B. Additional traffic analyses which may be required The following analyses of site-related traffic may be required by the traffic engineer as part of the traffic impact study: 1. Effects of phasing of the proposed development. 2. Mitigation of traffic impacts by methods such as ridesharing, carpooling, or staggered work hours. 3. Provisions for access management or alternative access means. I I I I I I I I I I I I I I I I I I I 4. Development contributions or site-related improvements which will mitigate impacts. 5. Accident rates at intersections. 6. Other improvements or alternatives. C. Traffic studies shall be conducted in accordance with NCHRP Highway Capacity Manual (TRB Report 209). D. Minimum required standards. A traffic impact study for a development shall demonstrate that the infrastructure requirements and standards set forth in policies 5. 5. I, 5. 5. 2, 5. 5. 3 ana 5. 5. -1 of the traffic circulation element and policies 28. 3. 7. 1 and 28. 3. 7. 2 of the capital improvement the transportation and capital improvement elements of the comprehensive plan of the city are or shall be satisfied to the extent that such requirements apply to the development. E. Ifa traffic impact study has been approved by the department of transportation of the State of Florida, and such study evaluates the same issues the city requires to be evaluated. it shall be deemed to satisfy the requirements of this section. DIVISION 9. CONCURRENCY MANAGEMENT Section 4-901. Authority and applicability. A. Certificate of concurrency/capacity required Unless exempted under the provisions of paragraph B below, all applications for development approval shall include an application for a certificate of concurrency/capacity or a nonconcurrency affidavit. No development approval shall be granted until a certificate of concurrency/capacity is issued or a nonconcurrency affidavit is executed. B. Exception. No certificate of concurrency/capacity is required for the following: 1. Replacement of structures that do not increase the demand for public facilities. 2. Room additions to residences. 3. Accessory structures to residences, including swimming pools, fences and walls. 4. Signs. 5. Utility infrastructure facilities. 6. Public facilities. Page 4 - 53 Page 4 - 54 I I I I I I I I I I I I I I I I I I I 7. Telecommunication towers. 8. Parking garages and lots. 9. Fill-in permits if the original shell permit is vested prior to May 31, 1990, or passed a concurrency determination on or after May 31, 1990. 10. Expansions that were previously disclosed by the applicant and subject to a concurrency test as part of the original application of a phased development. 11. Projects that are vested. 12. Development that generates fe'Ner them 110 average daily trips; provided however, that additional developmeRt of the land in the future shall not be permitted which would generate a total of aT/erage daily trips in excess of 110 trips v/ithout obtaining a certificate of concurrency/capacity. Section 4-902. Application and procedures. A. An application for a certificate of concurrency/capacity shall be filed with the community development coordinator as part of an application for development approval and shall include such fees as are required by section 4-202(E). B. The community development coordinator shall review the application and determine whether the application complies with the standards in section 4-903. If the community development coordinator determines that the application complies with the standards, a certificate of concurrency/capacity shall be issued and shall be valid for a period of two years or such later period as may be provided for in a development approval. c. In the event that an application for a certificate of concurrency/capacity is approved, the applicant shall pay prior to the issuance of the certificate, a fee in the form of prepayment of the capacity being reserved, or some other financial assurance provided by the applicant that is acceptable to the city. The certificate of concurrency/capacity fee may be refunded if development does not proceed so long as the city has not expended or obligated the money for preconstruction costs or construction of the facility, if the road impact fee has not been transferred to the county. If the road impact fee portion has been transferred to the county, the applicant may request a refund from the county. D. A certificate of concurrency/capacity may be extended according to the same terms and conditions as the underlying development approval. If a development approval is granted an extension, the certificate of concurrency/capacity, if any, shall also be extended. E. A certificate of concurrency/capacity may be extended to remain in effect for the life of each subsequent development approval for the same parcel, as long as the applicant obtains a subsequent development approval prior to the expiration of the earlier development approval. I I I I I I I I I I I I I I I I I I I F. A certificate of concurrency/capacity runs with the land and is valid only for subsequent development approvals for the same parcel and to new owners of the original parcel for which it was issued. G. A certificate of concurrency/capacity shall expire if the underlying development order expires or is revoked by the city and the capacity has not been extended to a subsequent development approval for the same parcel. H. A denial of a certificate of concurrency/capacity may be appealed in the manner provided in Article 4, Division 5. Section 4-903. Standards for certificate of concurrency/capacity. A. In determining whether a certificate of concurrency/capacity may be issued, the community development coordinator shall apply the level of service standards in the comprehensive plan according to the following measures for each public facility: 1. Potable water: water service area. 2. Sanitary sewer: sewer facility availability. 3. Drainage: drainage basin. 4. Solid waste: citywide. 5. Parks and recreation: citywide. 6. Roads: Section 4-803(C) Standards for Traffic Impact Study. B. For public facilities provided by entities other than the city, the certificate may be issued subject to the availability of such public facilities consistent with policy 28. 3. 3 of the comprehensive plan. C. If the capacity of available public facilities is less than the capacity required to maintain the level of service standard for the impact of the development, the applicant may: 1. Accept a I5-day encumbrance of public facilities that are available and, within the same I5-day period, amend the application to reduce the needed public facilities to the capacity that is available. 2. Accept a 90-day encumbrance of public facilities that are available and, within the same 90 day period, arrange to provide for public facilities that are not otherwise available. 3. Reapply for a certificate of capacity not less than six months following the denial of an application for a certificate of capacity. Page 4 - 55 Page 4 - 56 I I I I I I I I I I I I I I I I I I I D. Ifthe.capacity of impacted roads is inadequate, the community development coordinator may consider the following forms of mitigation: 1. System improvements, including but not limited to turn lanes, signals, acceleration/deceleration lanes and intersection improvements. 2. Travel time/speed studies conducted using methodology and data acceptable to the community development coordinator. 3. Alternative transportation programs, incentives and disincentives, including but not limited to transit systems, car pools, van pools, limited parking, and staggered work hours. 4. The following are not generally acceptable mitigation strategies: a. Improvements to roads that are not below level of service standards. b. Diverted trips. c. Averaging, i.e., system analysis instead of by link. DIVISION 10. SIGN PERMIT Section 4-1001. Purpose. It is the purpose of this division to establish procedures for the review and approval of signs in accordance with the standards of Article 3, Division 18. Section 4-1002. Permit required. No sign shall be located, placed, erected, constructed, altered or extended without first obtaining a sign permit, except for signs listed in section 3-1805. Section 4-1003. Application. In addition to the basic information required by section 4-202(A), where applicable, and the fee required by section 4-202(E), an application for approval of a sign shall be treated as a level one approval in accordance with the provision of Article 4, Division 3 and shall be accompanied by plans and specifications, drawn to scale and including the following: A. Legal description of the property where the sign is proposed to be located; B. Name, address and telephone number of the owner of the property where the sign is proposed to be located; I I I I I I I I I I I I I I I I I I I C. Name, address and telephone number of the lessor of the property or building upon which the sign is proposed to be located, if applicable, and a notarized statement of authorization signed by the lessor consenting to the sign placement and a copy of the executed lease; D. Name, address and telephone number of the sign erector; E. Type of sign proposed; F. Surface area of the sign proposed; G. Value of sign proposed; H. Location of the sign in relation to property lines, public rights-of-way, easements, buildings and other signs on the property; I. Dimensions and elevations, including the message of the sign; 1. Lot frontage on all street rights-of-way; K. Maximum and minimum height of the sign; L. Dimensions of the sign's supporting structures; M. For illuminated signs, the type, placement, intensity and hours of illumination; N. Construction and electrical specifications, to allow a determination that the sign meets all applicable structural and electrical requirements of the building code; O. Number, type, location and surface area of all existing signs on the same property and or building on which the sign is to be located. Section 4-1004. Procedures. An application for approval of a sign shall be reviewed and approved by the community development coordinator as a level one approval in accordance with the procedures in Article 4 Division 3. Upon approval of the sign as being in conformity with this development code, the coordinator shall forward the application to the building official who shall determine if the application complies with the provisions of the building code. Upon determining that an application conforms to the building code, a building permit shall be issued. Section 4-1005. Expiration. Sign permits shall be valid for a maximum of 180 days after issuance. Failure to place the sign within the allotted time period shall void the permit and necessitate reapplication. Page 4 - 57 Page 4 - 58 I I I I I I I I I I I I I I I I I I I Section 4-1006. Identification. All signs requiring a permit shall have the permit number permanently marked on the sign in a visible location. Section 4-1007. Inspections. The community development coordinator and the building official shall, as each may determine necessary, inspect the property to ascertain that the sign is in accord with all provisions of the development code and the building code and in accord with all terms upon which the sign permit may have been conditioned. DIVISION 11. LANDSCAPING PLAN Section 4-1101. Landscaping required. Except in tile tourist and downto'.vn districts, !Landscaping shall be required in accordance with the provisions of Article 3 Division 12 for the following development: A. All de'/elopment B:fld the redevelopment or reeonfiguration of any surface off street parking facility Any landscaped area serving a new use or a change of use. B. All de';elopment within designated scenic corridors. If an existing use is improved or remodeled in a value of twenty-five percent (25%) or more of the valuation of the principal structure as reflected on the Property Appraiser's current records or if an amendment. other than a minor amendment. is required to an existing approved site plan. C. The eKpansion oftne floor area of an eKisting nonresideRtial or multifamily structure. If a parking lot requires additional landscaping pursuant to the provisions of Article 3 Division 14. Section 4-1102. Plan requirements. A. An application for development approval for which landscaping is required by Article 3, Division 12 or by any other provision of this development code shall be accompanied by a landscape plan which shall include the following information, if not otherwise required in conjunction with the application for development approval: I. All proposed structures and improvements, including but not limited to walls, fences, walks, pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, easements, sign locations, treatment of all ground surfaces, and any other features that may influence the proposed landscape. 2. Name of abutting street rights-of-way. I I I I I I I I I I I I I I I I I I I 13. 14. 3. Drainage and retention areas, including swales, side slopes and bottom elevations, and drainage structures and other drainage improvements. 4. Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any. 5. Delineation of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands and curbing. 6. Proposed and required parking spaces. 7. Existing trees on-site and immediately adjacent to the site, by species, size and location, including dripline. 8. Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names. 9. Typical planting details for trees, palms, shrubs, and ground cover plants, including planting instructions, soil mixes, backfilling, mulching, staking and protective measures. 10. Interior landscape areas hatched and/or shaded and labeled and 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. 11. An irrigation plan for all development requiring level two and three approval. 12. All sites one acre or greater in size or sites having 150 foot street frontage or greater shall provide a scaled drawing showing the finished elevation of all landscape material proposed to be planted within perimeter landscape buffers adjacent to street rights-of-way. The drawing shall be an artistic rendering of the proposed landscape material as it will appear at the time of installation and will provide a "snapshot" of the overall appearance of the landscape material. The drawing shall include a rendering of all trees, shrubs and groundcovers and should include structures such as walls, fences, signage, benches, utility poles or other structures within the required buffers. In addition, the plan shall include dimensional measurements showing the height from finished grade of all landscape materials utilized in the landscape buffers. Any conditions of development approval. Any other information that may be needed to show compliance with the provisions of Article 3 Division 12. Page 4 - 59 Page 4 - 60 I I I I I I I I I I I I I I I ' I I I I B. If a landscape plan is not prepared by a landscape architect, the "optional pre-application conference" provided in section 4-201 shall be required and the applicant shall be accompanied by the preparer of the landscape plan. DIVISION 12. TREE REMOVAL PERMIT Section 4-1201. Permit required. No person may remove or cause to be removed any protected tree or palm regardless of stre, without first having procured a permit as provided in this division. Except for the removal of hazardous trees with respect to disease. insect attack. danger of falling. proximity to existing or proposed structure and interference with utility services and those trees on single family and two family lots, no permit shall be granted unless it is part of an application for a level one or level two approval and unless it is determined that the application complies with the criteria of section 3-1205. Section 4-1202. Removal permit--Application. Any person who is required by this division to obtain a permit to remove a tree or palm shall make written application to the community development coordinator on application forms to be provided, accompanied by the fee required by section 4-202(E) and including the following documentation: A. Requirements for multi-family and commercial properties. A-l. A site plan showing the location of all protected trees and palms by size. canopy 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 shall specify the method to be utilized to preserve all remaining trees including their root systems, and the means of providing '.vater and nutrients to such root systems. B. ,\ tree survey and plan showing the proposed plan of deye10pment of the tract, showing all existing trees by size and species and those proposed to be removed. G.2. A plan prepared by a certified arborist, consulting arborist, landscape architect, or other specialist in the field of arboriculture specifying the method to be utilized to preserve all remaining trees including their root systems. and the means of providing water and nutrients to such root systems such as root pruning. applying fungicides. tree barricades. etc. 9J. . 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. I I I I I I I I I I I I I I I I I I I 4. A copy of the Level One or Level Two Approval associated with the tree removal. 5. Justification of tree removal. B. Requirements for single-family and two-family properties. A survey showing the location and size of all protected trees and palms. the tree(s) and lor palm(s) proposed to be removed and the reason for removal. Section 4-1203. Appeal from denial of removal permit. A denial of a tree removal permit may be appealed in the manner provided in Article 4 Division 5 depending on whether the application seeks a level one or level two approval. Section 4-1204. Removal permit--Term, expiration. Any removal permit issued by the city shall expire if the work authorized by the permit is not completed within six months of the date the permit is issued. The holder of such an expired permit may apply for re-issuance of the permit within 30 days of such expiration, and the community development coordinator may cause the permit to be re-issued, waiving the fee therefor. Alternatively, application for a new permit shall be made. Section 4-1205. "No tree" statement; "no tree removal permit required" statement. A. If there are no protected trees on a site proposed for development, an applicant for a building permit shall submit a "no tree" statement. B. If protected trees exist on a site proposed for construction development but are not required to be removed for construction purposes, an applicant for a building permit shall submit a "no tree removal permit required" statement. C. No building permit shall be issued unless a tree removal permit, a "no tree" statement, or a "no tree removal permit required" statement is approved filed v/it" the application for the building permit. DIVISION 13. LAND CLEARING AND GRUBBING Section 4-1301. Permit required. A land clearing and grubbing permit is required in order to clear or grub any land in the city. No land clearing and grubbing permit shall be granted prior to issuance of a level one or level two approval in accordance with the provisions of Article 4, Divisions 3 and 4. except when associated with a demolition permit that does not involve new construction or a redevelopment project. No land clearing and grubbing permit shall be granted unless it is in conformance with the provisions of this division or the terms of a prior approval. Page 4 - 61 Page 4 - 62 I I I I I I I I I I I I I I I I I I I Section 4-1302. Application/appeal. A. An application for a clearing and grubbing permit shall be submitted to the community development coordinator on applications forms to be provided, accompanied by the fee required by section 4-202(E), and including the following information: 1. A legible scaled drawing or scaled aerial photograph and a tree survey showing property boundaries, physical or natural features, and limits of the proposed work. 2. Purpose of clearing and/or grubbing. 3. Types of equipment to be used. 4. General description of existing vegetation, topography, and any surface waters present. 5. Method of debris disposal. 6. Anticipated date of commencement and completion of work. 7. Methods of soil erosion and sedimentation control to be undertaken during earthwork activities and the means and timing of soil stabilization subsequent to the completion of the clearing and grubbing activities. 8. A. copy of the le'..el one or level two approval No tree statement. no tree removal permit required or tree removal permit required. B. A denial of a clearing and grubbing permit may be appealed in the manner provided in Article 4 Division 5. Section 4-1303. Criteria for issuance. In determining whether or not to issue a permit to clear or grub land, the community development coordinator shall consider: A. The need for vegetation removal on the property for purposes of land surveying or land preparation for development or other economic uses. B. Whether visual access is necessary to comply with the tree survey requirements in section 4-1302. C. Whether the applicant has filed a "no tree verification" form or "no tree removal permit required verification II form stating that there are no protected trees on the site or that protected trees exist but do not need to be removed for construction purposes. I I I I I I I I I I I I I I I I I I I D. The applicant has provided protective barriers around all protected trees on the site or will utilize light machinery, which does not penetrate or severely compact th.e soil, for clearing understory vegetation and has othenvise demonstrated compliance with the tree protection standards maintained in the office ofthe city manager. E. Whether the applicant has provided soil erosion and sedimentation control as required in Article 3 Division 7. DIVISION 14. TRANSFER OF DEVELOPMENT RIGHTS Section 4-1401. Purpose and authority. It is the purpose ofthis division to establish procedures for the transfer of allocated development rights in the city in order to promote redevelopment of the district in a manner which minimizes the impacts of such transfers and protects the interests of all property owners and residents of the city. Section 4-1402. Allocated development rights are freely transferable. Afly No more than twenty percent (20%) of the development rights ofa previously developed site develop meAt right '.vhicR is appurteaaAt to a parcel of laad in the city by the operation of th.is developmeAt code '."hieh has not been developed may be transferred to any person site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity ofthe receiving site is not exceeded by twenty percent (20%) of the development potential of the site prior to the transfer. The transfer shall be in the form of a special warranty deed which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. The special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Section 4-1403. Use of transferred development rights. A. Any development right which has been transferred may be used in the development of another parcel of land in the city if approved by the community development board as a level two approval in accordance with the applicable standards of the district and this section and the following criteria: 1. The development of the parcel proposed for development will not reduce the fair market value of abutting properties: 2. The uses within the proiect are otherwise permitted in the City of Clearwater: 3. The uses or mix of uses within the project are compatible with adiacent land uses: Page 4 - 63 4. The development of the parcel proposed for development will upgrade the immediate vicinity of the parcel proposed for development: and 5. The design of the proposed proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. B. The use of transferable development rights shall not authorize uses not otherwise permitted in the city. c. The use of transferable development rights may be authorized to increase the permitted height ofa building up to one and one-halftimes the maximum height otherwise permitted, provided that: 1. The parcel proposed for development is located in the city; 2. No building which exceeds 100 feet in height shall be located within 100 feet of any other building which exceeds 100 feet in height. No more than two buildings which exceed 100 feet in height shall be located within 500 feet of any building which exceeds 100 feet in height; and 3. Appropriate view corridors are incorporated in the design of the parcel proposed for development and all design standards in Article 3 Division 5 are otherwise satisfied. D. No development right may be transferred to a or from any parcel designated as Low Density Residential or Low Medium Density Residential in the Zoning Atlas zoning district with a lower permitted density of use than the district from which. tRe rights are transferred, except that DElensity averaging is permitted within residential use categories depicted on the future land use plan. The entire area under consideration must be considered as one project and the total dwelling unit count shall not exceed what is otherwise allowed under the future land use plan for the total area under consideration. E. Ne d Development rights located on the mainland may be transferred to any parcel of land which is located more than one mile from the parcel from which the rights arc transferred on the mainland. Development rights located on the barrier islands (any land west of the Memorial Causeway) may be transferred to any parcel ofland located on the barrier islands. F. Development rights may be converted from one use to another on the basis of trip generation rates established by the most recent edition of the Institute of Transportation Engineers Trip Generation Manual. G. An affidavit of ownership shall be filed with community development coordinator at least 30 days prior to the submission of an application for development approval that involves the use of a transferred development right. Such affidavit shall contain: Page 4 - 64 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1. Evidence of recording of the special warranty deed conveying the development rights or if the applicant has entered into an option agreement for the transfer of development rights, a statement that the deed of transfer will be recorded in the event that the application is approved prior to the issuance of a building permit. 2. A statement that the development rights reflected in the instrument of conveyance have not been conveyed to any person other than the applicant or his predecessor in title. 3. A statement that the development rights have not been previously used or exercised by any person on the parcel of land from which the development rights have been transferred or any other parcel of land. H. The community development coordinator shall keep a record of such transfers and report them annually to the city commission and Pinellas Planning Council. DIVISION 15. ADULT USE PERMITS Section 4-1501. Permit required; classification of permits. A. No new adult use establishment shall be allowed to commence business without first obtaining an adult use permit from the community development coordinator. Adult use establishments that established or commenced business at their existing locations prior to October 15, 1998 shall submit the application required by this section within 30 days from the effective date of this development code and may continue to operate pending a decision by the community development coordinator on such application or pending an appeal before the city manager. B. Adult use permits shall be classified as follows, based upon the information in the application and subject to subsequent inspection for verification: 1. Adult bookstore or video store. 2. Adult modeling or activity center. 3. Adult photographic studio. 4. Adult theater. 5. Special cabaret. C. An adult use permit for a particular adult use establishment shall be limited to one classification for each permit. An adult use establishment desiring to operate an establishment with more than one classification of adult use activity shall submit an application and obtain a separate adult use permit for each adult use classification. Page 4 - 65 Section 4-1502. Permit application. A. Any person desiring to operate an adult use establishment shall file with the community development coordinator an application on an application form to be provided by the community development coordinator and shall pay a non-refundable application fee in accordance with section 4-202(E). B. The application shall contain the information required by section 4-202(A) and the following: 1. If the applicant is: a. A natural person, the applicant shall state his legal name, mailing address, residential address, residential telephone number and any aliases and submit satisfactory proof that he is not less than 18 years of age. b. 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. c. 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, mailing address, residential address, residential telephone number, 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. 2. Street address of the proposed or existing adult use. 3. Legal description of the property occupied by the proposed or existing adult use, including the property boundaries. 4. A surveyor an accurate scale drawing prepared by a Florida registered surveyor, architect, or engineer, showing the locations of any churches, schools, residentially zoned property, and public recreation areas within 400 feet of the location of the proposed adult use establishment, and showing the locations of other existing adult use establishments within 750 feet of the location of the proposed or existing adult use establishment for which the certificate is being sought. 5. If the applicant1s proposed location is the location of an existing adult use establishment, the date the existing adult use establishment established or Page 4 - 66 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 9. 11. commenced business including documentation of commencement, such as certificates of occupancy, affidavits, receipts, or business records. 6. 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 permit as an adult use establishment. 7. 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. 8. The general nature of the type of adult use for which the applicant is seeking a permit, stating the specific classification of permit 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. If the applicant is requesting an additional adult use permit, different from the existing adult use establishment's current classification, or the applicant is requesting multiple adult use permits for the same establishment, the applicant shall explain how the multiple adult use activities will interact. Such information shall serve as an initial basis for the permitted activities allowed under the permits issued. The legal names, aliases and dates of birth of the employees for the proposed establishment. 10. A statement of whether the applicant or any other person listed pursuant to subsection (B)(I) 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. 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 of the foregoing to its existing adult use, an interior floor plan demonstrating compliance with the requirements of section 3-303, including all windows, doors, entrances and exits, fixed structural features, managers stations, 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. 12. 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. Page 4 - 67 c. The community development coordinator shall grant or deny an application for a permit within 30 calendar days after the date of the filing of the complete application. The community development coordinator shall send notice to the applicant by certified mail return receipt requested no later than three calendar days after, informing the applicant of the decision. If there is no basis for denial of the application pursuant to subsection (D) of this section, the community development coordinator shall issue the permit to the applicant. D. The community development coordinator shall deny the application if: I. The application is incomplete; or 2. The application contains materially false information; or 3. The location of the proposed adult use establishment does not comply with the locational provisions of section 3-302; or 4. An applicant has been convicted of a specified criminal act and: a. 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. b. Less than three years have elapsed since the later ofthe date of conviction or the date of release from confinement, probation or parole imposed for the conviction of a felony offense. 5. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. 6. An adult use establishment that established or commenced business on or before October 15, 1998, shall be exempt from the requirements of this section 4- 1502(0)(3) and (4). 7. Any applicant aggrieved by any decision of the community development coordinator 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 the date the community development coordinator rendered the decision, 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 15 calendar days after the applicant files the appeal. The applicant shall be given written notice of hearing at least seven 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. The city shall have the burden of proof by a preponderance of the evidence. A written decision by the city manager to affirm or overrule the decision of the community Page 4 - 68 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I development coordinator shall be filed with the city clerk's office and served on the applicant within seven calendar days of the hearing. The written decision shall be based solely on the evidence presented at the hearing, shall contain findings of fact and conclusions of the legal basis for the decision, 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 manager, whose decision shall be as final and conclusive as if made by the city manager. The filing by an existing adult use establishment of a pleading seeking judicial review shall automatically stay the enforcement of the decision by the city manager until judicial review has been exhausted unless the city obtains injunctive relief. Sec. 4-1503. Transfer of permit. A. A permittee shall not transfer a permit to another person, or surrender ownership, possession, control, and operation of a permitted establishment to such other person, unless and until such other person submits an application in compliance with section 4- 1502 and obtains approval. B. No permit may be transferred pursuant to subsection (A) of this section when the city manager has notified the permittee that suspension or revocation proceedings have been or will be brought against a permittee. C. A permittee shall not transfer his permit to another location. D. Any attempt to transfer a permit, either directly or indirectly, in violation of this section is hereby declared void, and the permit shall be deemed abandoned and shall be subject to revocation pursuant to Article 7 of this Development Code. Sec. 4-1504. Changing name of establishment. No permittee may change the name of an adult use establishment unless and until the permittee give the community development coordinator 30 days notice in writing of the proposed name change, pays the community development coordinator a $3.00 change of name fee, complies with Section 865.09, Florida Statutes, and presents evidence of compliance with such statute to the community development coordinator. Sec. 4-1505. Conflicting applications. A. Because the potential exists for the inadvertent issuance of permits to adult use establishments that violate the locational provisions of Article 3 Division 3, the community development coordinator 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 15, 1998, was established or commenced business. Page 4 - 69 B. 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 15, 1998, 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 16. UNITY OF TITLE DECLARATION Sec. 4-1601. Unity of Title. A. Where it is necessary that two or more lots, plots, parcels, or portions thereof be added or joined, in whole or in part, to meet minimum plot area or plot dimensions required by this development code, or to ensure that a development is planned, developed and maintained as an integral project, an application for development approval for such property shall be accompanied by evidence of recording a unity of title declaration, as described in this section, in the public records of the county. B. All lots, plots, parcels, or portions thereof to be joined, in whole or in part, under a unity oftitle declaration shall be adjacent and shall not be physically separated by a public right-of-way greater than 100 feet in width. C. Two or more lots, plots, parcels or portions thereof may be joined, in whole or in part, if the lots, plots, parcels or portions thereof are physically separated only by a public right- of-way 100 feet or less in width unless approved as part ofa Level One or Level Two approval. In such cases, the right-of-way shall not be included in determining the plot area, depth or width, or density of development. If the land joined pursuant to this subsection lies in different zoning districts, the density of development shall be go';erned by the least intensive district regulations. No land which is submerged or unbuildable under the building or zoning codes shall be included for the purposes of determining plot area, depth or width, or density of development. D. A unity oftitle declaration shall state unequivocally that the entire property created by the combination of recorded lots, plots, parcels, or portions thereof shall be regarded as unified under one title as an indivisible building site, and that the property shall be henceforth considered as one plot or parcel of land. 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 shall not be deemed a breach of the declaration of unit of title; however, the entire property shall continue to be regarded as unified and as a single building site for all applicable code purposes. The parties to the declaration shall agree that the declaration of unity of title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the parties thereto, their heirs, successors and assigns, and all parties claiming under Page 4 - 70 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I them until such time as the declaration may be released, in writing, by a properly authorized representative of the city. E. The city manager or a designated representative of the city manager is authorized to release a unity of title declaration, in whole or in part, when such declaration is no longer necessary due to the discontinuance or abandonment of the project. Page 4 - 71 I I I I I I I I I I I I ! I I I I I I I ARTICLE 6. NONCONFORMITY PROVISIONS Sec. 6-10 I. Purpose/applicability. Sec. 6-102. Nonconforming structures. Sec. 6-103. Nonconforming uses. Sec. 6-104. Nonconforming sign/redevelopment of principle use/structure. Sec. 6-105. Nonconforming adult use establishments. Sec. 6-106. Nonconforming lots. Sec. 6-107. Nonconforming accessory uses and accessory structures. Sec. 6-108. Nonconforming access features. Sec. 6-109. Termination of status as a nonconformity. Section 6-101. Purpose/applicability. The purpose of this division is to regulate and limit the continued existence of uses, structures and lots lawfully established prior to the effective date of this development code that do not conform to this code. While nonconformities may continue, the provisions of this article are designed to encourage the improvement or elimination of nonconformities in order to better achieve the purposes of this development code. Section 6-102. Nonconforming structures. A. Except as otherwise provided in this development code, a nonconforming structure may be used for any purpose permitted in the zoning district in which it is located. B. Normal repair and maintenance may be performed on nonconforming structures. C. The use of a nonconforming structure may be changed, provided that such change complies to the maximum extent practicable with the requirements of the landscaping and parking standards in Article 3 Divisions 12 and 14 of this Development Code. D. A nonconforming structure may be expanded: I. If it is nonconforming solely because of its failure to comply with the off-street parking requirements of this development code and the enlargement will not increase the required amount of parking by more than three additional spaces; or 2. If the expansion, when considered in isolation from the existing structure, is in compliance with all requirements of this development code. INSET: diagram Page 6 - 1 E. In the event the use of a nonconforming structure is abandoned for a period of six consecutive months, the future use of the structure shall be required to be brought into compliance with all the requirements of this development code. F. Any part of a nonconforming structure which is destroyed or damaged to the extent of less than 50 percent of the assessed value of the entire structure may be repaired or restored if a complete and legally sufficient application for all required permits to repair or restore the damage is submitted within six months of the date of the damage. Any nonconforming structure which is destroyed or damaged to 50 percent or more of the assessed value may be repaired or restored only if the structure conforms to the standards of this development code for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. Section 6-1 03. Nonconforming uses. A. Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may be maintained only in accordance with the provisions of this section. B. Nonconforming uses ofland or structures shall not be expanded but normal repair and maintenance may be performed to allow the continuation of the nonconforming use. C. Except as provided in 6-109, a nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be re-established. D. In the event a nonconforming use is discontinued or abandoned for six consecutive months, then the use shall not thereafter be re-established or resumed and any subsequent use of the land or structure shall conform to all of the requirements of this development code. E. In the event a structure in which a nonconforming use is located is destroyed or damaged to the extent ofless than 50 percent of the assessed value of such structure, the nonconforming use may be re-established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date of the damage. In the event a structure in which a nonconforming use is located is destroyed or damaged to 50 percent or more of the assessed value, these structures may be repaired or restored only if the structure and the use conforms to the standards of this development code for the zoning district in which it is located. except that a nonconforming owner- occupied single-family detached dwelling unit may be reconstructed within the associated structure's original setbacks through a Levell (minimum standard) approval process. Page 6 - 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. F. In the event a nonconforming use is damaged or destroyed to the extent that the cost of repair or replacement of the fixtures and/or inventory used in the business equals 50 percent of the value of the fixtures and inventory at the time of such damage or destruction, the use may not be re-established except in compliance with all requirements of this development code. Section 6-104. Nonconforming sign/redevelopment of principle use/structure. A. In the event a building permit is required for the redevelopment of a principal use/structure, or a principal use/structure is vacant for a period of 180 days, signs on the parcel proposed for development shall be brought into compliance by obtaining a level one approval in accordance with the provisions of Article 4, Division 3. B. If the copy is not current or is missing letters or words on a non-conforming changeable copy sign for a period of30 days, the sign shall become unlawful. Section 6-105. Nonconforming adult use establishments. A. Adult use establishments that have established or commenced business at their existing locations on or before October 15, 1998, and which are not in conformity with the locational requirements of section 3-202, may continue to operate for two years after the date of adoption of this the development code, unless terminated sooner for failure to obtain the permit required by Article 4, Division 15, voluntary discontinuation of business for a period of30 days or more, or suspension or revocation of the adult use permit. 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 two years from the date of adoption of this development code, a nonconforming adult use establishment shall be deemed to be operating in violation of this development code. B. If two or more adult use establishments are within 750 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. C. 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. Page 6 - 3 Page 6 - 4 I I I I I I I I I I I I I I I I I I I Section 6-106. Nonconforming lots. A. No principal use or structure shall be established on a residential lot of record unless the lot conforms with the lot area and lot width requirements in this redevelopment development code for the zoning district in which it is located, except in accordance with the provisions of this section. B. A principal use or structure may be established on a residential lot of record prior to March 8. 1999 even though the lot is nonconforming with the lot area and lot width requirements in this development code for the zoning district in which it is located, provided that a level one (standard) approval is obtained. A level one (flexible standard) approval shall be required only if required setbacks can not be met. The applicant for a level one (flexible standard) approval shall and the applicant f-or development appro'lal demonstrates the following: 1. The lot was a lawfully created lot. If the lot was created before 1982, then it is automatically considered to be lawful. If the lot was created after 1982, to be a lawfully created lot, it must have been created by an approved plat in accordance with the City Code; and 2. Upon adoption of this development code, the lot is not held in common ownership with any abutting land which, in combination with the lot in question, would create a building site meeting the lot area and lot width requirements of the zoning district; or 3. The lot has not been previously developed in combination with an adjacent lot; and 4. If the lot is proposed for a detached dwelling, the dwelling is developed in conformity with the other development standards of the zoning district in which it is located or is approved as a residential infill project. Section 6-107. Nonconforming accessory uses and accessory structures. A. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure conforms to the standards for the zoning district in which it is located. B. Any nonconforming accessory use or accessory structure shall be brought into conformity with this development code whenever a substantial improvement to, addition to, or change in the principal use or structure on the property is proposed and approved. Section 6-108. Nonconforming access features. I I I I I I I I I I I I I I I I I I I A. Permitted access connections in place as the date of adoption of this development code that do not conform with the standards in Article 3 Division 1 shall be designated as nonconforming access features and shall be brought into compliance with applicable standards under the following conditions: 1. When new access connection permits are requested: 2. Substantial enlargements or improvements; 3. Significant change in trip generation; or 4. As roadway improvements allow. B. If the principal activity on a property with nonconforming access features is discontinued for a consecutive period of 180 days, or discontinued for any period of time without the present intention of resuming that activity, then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unless otherwise exempted through a level one or level two approval. For uses that are vacant or discontinued upon the effective date of this development code, the one hundred eighty (180) day period begins on the date of adoption of this development code. Section 6-109. Termination of status as a nonconformity. A. A nonconforming use or structure may be deemed to be in conformity with this development code, and may thereafter be allowed to continue and to expand as a lawfully existing use or structure, if such use or structure is granted level two approval in accordance with the provisions of this section. B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided such reconstruction complies with all other requirements of this Community Development Code. B C. A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforming to the requirements of section 3-1202(C) shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established in section 3-1202(0). 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. Page 6 - 5 Page 6 - 6 I I I I I I I I I I I I I I I I I I I 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this section. Section 6-110. Nonconformities created as a result of eminent domain. A. In the event that an eminent domain action creates a nonconforming structure, such nonconforming structure may remain as a legal nonconforming structure provided that all other regulations of this code regarding nonconforming structures are met. This section shall not be applicable to single family detached and attached dwellings. B. In the event that an eminent domain action renders a site nonconforming with respect to the development standards of this code, the property shall be required to comply with the development standards to the maximum degree physically and financially feasible as determined by the Community Development Coordinator. The Community Development Coordinator may require mitigation and/or improvements to the site that are related to the specific conditions of the site, that adequately improve the public safety issues of the site and which implement the purposes of this code. C. All other nonconformities created as a result of eminent domain shall be governed by the provisions of this article. I I I I I I I I I I I I I I I I I I I ARTICLE 7. ENFORCEMENT PROCEEDINGS AND PENALTIES Sec. 7-101. Enforcement responsibility. Sec. 7-102.Municipal G ~ode enforcement board/special master hearing procedures. Sec. 7-103. Remedies; penalties. Sec. 7-104. Appeals. Sec. 7-105. Prosecution under prior codes. Sec. 7-106. Removal of abandoned or inoperative motor vehicles. Section 7-101. Enforcement responsibility. The terms and provisions of this development code shall be enforced in accordance with the provisions of this article. The developmem: municipal code enforcement board and/or a special master established in article 5 of this development code, the code inspector(s), code enforcement officers, the city attorney, and other appropriate staff of the city shall be responsible for enforcement. The provisions of this article are additional and supplemental means of enforcing city codes or ordinances and may be used for the enforcement of all codes and ordinances adopted by the city commission. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by other available laws. Section 7-102. Municipal ~ode enforcement board/special master hearing procedures. A. Notification of violation. 1. Non-nuisance cases. Upon determining that a violation exists, the code inspector or other enforcement officer shall notify the violator of the violation of this development code or violation of the terms and conditions of any development approval and prescribe a reasonable time to correct the violation '!...bieR sRall Rot exeeeEl 30 days. The determination of the appropriate time period shall be based on considerations of fairness, practicality, ease of correction, ability to correct, severity of violation, nature, extent, and probability of danger or damage to the public, and other relevant factors relating to the reasonableness of the time period prescribed. The notice of violation shall be served upon the alleged violator as provided in Section 162.12. F.S. 2. Nuisance cases. Upon completion oftke ~ field investigation by a code enforcement officer and determination that a nuisance exists under Code of Ordinances Section 3-1503, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within ten days after the date of posting or the filing of a notice of appeal to the municipal code enforcement board during such ten-day period. In nuisance cases only. posting of notice shall be deemed legally sufficient to provide notice: the code enforcement officer may additionally attempt to obtain personal service upon and/or mail notice to the property owner within the ten day period. Page 7 - 1 3. ,As. copy of the notice shall be mailed to the property owner ay certified mail, return receipt requested, or given to the property owner by personal service, within five days follo'.ving th.e date of posting, if applicable. B. Notice contents. 1. The notice of violation shall include, but not be limited to, the following: a. Date of issuance. b. Name of code inspector and division or department issuing the notice. c. Name and address of violator. d. Section number or numbers of the code sections or ordinances violated. e. Brief description of the nature of the violation, including location, date, and time of violation. f Time within which the violation must be corrected, except in the case of a repeat violation or recurring violation. g. Notice that the violator may be liable for the reasoRable costs of the investigation, prosecution and the admiflistrative hearing all costs incurred in enforcing the codes and all costs of repairs in certain instances. should he the violator be found guilty of the violation. 2. In the event a violation continues beyond the time specified in a notice of violation, the code inspector shall transmit the notice of..-iolatiofl to the violator, notify the municipal code enforcement board or the special master and request a hearing. Notice of such hearing shall be hand delivered or mailed given as provided in Section 162.12 F.S. ,As.t the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Section 162.12 F.S. c. Correction of violation prior to hearing. If, prior to the scheduled hearing, the violation is corrected, the hearing on the violation shall be continued for a period of six months and in the event there is no recurrence of the violation, the notice of violation shall be deemed withdrawn. If the violation is not corrected prior to scheduled hearing, or the violation re- occurs prior to the elapse of six months, the violation shall be presented to the special master or the municipal code enforcement board. D. Change of ownership prior to hearing. If the real property upon which the violation is cited is transferred prior to the hearing. the proceeding shall not be dismissed. but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Page 7 - 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IlE. BE. FG. Repeat violation. In the event of a repeat violation reears '.vithia a period of two years, the code inspector shall notify the property owner or the violator and submit the violation to the special master or municipal code enforcement board for a hearing. '.Vithia 15 days At the next available meeting after receipt of the notice of violation, the special master or municipal code enforcement board shall conduct a hearing regardless of whether the violation has been corrected. and the notice shall so state. Immediate hearings for certain violations. If the code inspector determines that a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the code inspector shall notify the violator and immediately transmit the notice of violation to the special master or the municipal code enforcement board for hearing. Conduct of hearing. 1. When subpoenas are used, they shall be issued in the name of the special master or municipal code enforcement board and shall be signed by the city clerk. Both the code inspector and the alleged violator, or his designated representative, shall be entitled to request the issuance of subpoenas. The special master or municipal code enforcement board shall have the discretion to refuse to issue subpoenas which relate to witnesses or evidence not located within the city limits, in any situation where the requests for a subpoena would serve to prevent the expeditious enforcement of the codes, ordinances, and regulations within the jurisdiction of the special master or municipal code enforcement board or when the quantity of subpoenas requested is unreasonably burdensome. Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in F.S. ~ 92.142, as amended. The witness fee, mileage payment and any charge for the service of the subpoena shall be borne by the party requesting the subpoena and shall be paid in advance of the subpoena being issued. The names of persons for whom subpoenas have been issued shall be deemed a matter of public record. 2. Presentation of case. a. Non-nuisance cases. Each case before the special master or municipal code enforcement board shall be presented on behalf of the city either by the office of city attorney or by a member of the city's administrative staff If the city prevails in prosecuting a case, the city shall be entitled to recover all costs incurred in prosecuting the case. b. Nuisance cases. Appeals from the issuance of a notice of violation in nuisance cases shall be presented by the appellant. who shall have the burden of showing that the condition described in the notice did not exist or of showing why the condition should not be remedied by the City at the expense of the appellant. If the owner. agent or representative. fails to appear before the Board at the designated time to present the appeal. then Page 7 - 3 the owner shall be deemed to have authorized the City to take such remedial action as is necessary to abate the nuisance including. but not limited to. the right to enter the property and take action to remedy the condition without further notice to the owner. 3. Cases on an agenda for a particular day shall be heard. All testimony shall be under oath and shall be recorded. The special master or municipal code enforcement board shall take testimony from the code inspector and the alleged violator, and may take testimony from any other person familiar with the case or having knowledge about the case. The special master or municipal code enforcement board shall not be bound by formal rules of evidence; but, it shall act to ensure fundamental due process. 4. If the alleged violator fails to attend the hearing, such failure shall constitute a waiver of the violator's right to a hearing and shall be deemed an admission of the violation and the special master or municipal code enforcement board shall impose civil penalties and costs as provided in this article. 5. If the special master or municipal code enforcement board finds that the alleged violator did not commit the violation as alleged, the violation shall be dismissed. In such case, the alleged violator shall not be liable for the payment of any civil penalties or reasonable costs of the investigation, prosecution and the administrative hearing. 6. At the conclusion of each hearing, the special master or municipal code enforcement board, if the alleged violator is found to have committed the violation as alleged, shall issue findings of fact, based on evidence of record, and conclusions oflaw, and its order shall prescribe the corrections required and establish a compliance date. The order shall be mailed to the violator along with a notice of the violator's right to rehearing under the provisions of section 7-102F(9) or the right to appeal under the provisions of section 7-104. 7. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, shall be binding upon any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special master or municipal code enforcement board shall issue an order acknowledging compliance which shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. 8. If a party to the proceedings before the municipal code enforcement board or special master should decide to appeal the decision, a verbatim record of the Page 7 - 4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I proceedings may be required, or may be desirable. It shall be the sole responsibility of each party to the proceedings to ensure that a record is made which includes the testimony upon which an appeal may be taken. 9. Either the prosecutor or the violator may request a rehearing of the decision of the special master or municipal code enforcement board. A request for rehearing shall be made, in writing, and shall be delivered to the city clerk within ten days of the date that the special master or municipal code enforcement board mails the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the special master or municipal code enforcement board. The written request for rehearing shall specifY the precise reasons therefor. 10. The special master or municipal code enforcement board shall make a determination as to whether or not to rehear the matter. If the special master or municipal code enforcement board determines that a rehearing will be granted, he or the board may: a. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited to the specific reasons for which the rehearing was granted. b. ModifY or reverse the prior order, without receiving further evidence, provided that the change is based on a finding that the prior decision resulted from a ruling on a question of law which was an erroneous ruling. 11. Until a request for rehearing has been denied or otherwise disposed of, the order of the special master or municipal code enforcement board shall be stayed; and the time for taking an appeal shall not commence until the date upon which the special master or municipal code enforcement board has finally disposed of the request for rehearing by denying the same, or otherwise. Section 7-103. Remedies; penalties. A. Fines. Upon being notified by the code inspector that an order issued by the special master or municipal code enforcement board has not been complied with within the time established in such order or upon finding that a repeat violation has been committed, the special master or municipal code enforcement board shall order the violator to pay a fine to the city for each day the violation continues past the compliance date established in its order or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date of the issuance of the notice of violation. Any fine the special master or municipal code enforcement board imposes pursuant to this section shall not exceed $250.00 per day for a first violation or $500.00 per day for a repeat violation. If Page 7 - 5 Page 7 - 6 I I I I I I I I I I I I I I I I I I I the municipal code enforcement board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. A violation of Article 3, Division 3, Adult Use Standards 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. In determining the amount of the fine, if any, the municipal code enforcement board or special master shall consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. The municipal code enforcement board or special master may impose fines in excess of the limits set forth above. Such fines shall not exceed $1.000.00 per day per violation for a first violation. $5.000.00 per day per violation for a repeat violation. and up to $15.000.00 per violation if the municipal code enforcement board or special master finds the violation to be irreparable or irreversible in nature. In addition to such fines. the municipal code enforcement board or special master may impose additional fines to cover all costs incurred by the city in enforcing its codes and all repair costs. In imposing such excess fines. the municipal code enforcement board or special master shall consider: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation and the effectiveness of such actions. 3. Any previous violations committed by the violator. 4. Any danger to the public health. safety. and welfare posed by the violation. 5. The length of time the violation existed. 6. Whether the violation harmed persons legally on the property such as tenants. B. Repairs. If the violation is one that poses a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the special master or municipal code enforcement board shall notify the city manager, who may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with any fine imposed pursuant to this Section. I I I I I I I I I I I I I I I I I I I E. C. Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1, Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates any provision of Article 3 Division 12 shall be required, as applicable, to: 1. Restore the vegetative buffer to its natural state; or 2. 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. Such sum shall accrue to the city and may be recovered in a civil action brought by the city. Such sum so collected shall be placed in a fund for the tree bank: and shall be expended for the purchase of trees for replacement in public properties within the city; and/or 3. Replace illegally removed trees at the owner's expense. Such replacement will be computed on an inch-for-inch basis according to the total inches ofDBH of all illegally removed trees; and 4. Remove any prohibited trees installed in violation of this or any hazardous trees within 15 days of receipt of notice from the City that such trees are in violation of this Code. In the event such trees are not removed within the 15 day period, the city shall have the trees removed and shall charge the costs of removal to the property owner. D. Entry and repair/nuisances. In the event a nuisance is determined by a code inspector to exist and notice has been provided as required by 7-102, and the violator has not appealed to the special master or municipal code enforcement board, and the nuisance continues unabated, or an appeal has been filed but is denied by the special master or municipal code enforcement board. then the city has the right to take such remedial action as is necessary to abate the nuisance including but not limited to the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the property as provided in section 7-103 BE. Agreements to abate nuisances. In the event the violation constitutes a nuisance under the provisions of Article 3 Division 15, the special master or municipal code enforcement board may enter into an agreement with the violator to take certain measures to abate the nuisance. The agreement shall include the measures to be taken by the person and the time period within which such measure must be completed. If an agreement cannot be reached or an agreement is not followed, the city attorney, the special master or municipal code enforcement board may request the state attorney or the state attorney general to seek judicial relieffor abatement of the nuisance pursuant to the provisions ofF.S. 960.05 or direct the city attorney to seek judicial relief for abatement of the nuisance. These remedies are in addition to the entry and repair remedy provided for in Section 7-103D. Page 7 - 7 F. Liens. A certified copy of an order imposing a fine and/or the costs of repair may be recorded in the public records of the county, and thereafter such order shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Such lien shall be superior to all other liens, except a lien for taxes. Upon petition to the circuit court, such order may be em-oroed shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a judgment of a court except for enforcement purposes. 1. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. 2. A lien arising from a fine imposed pursuant to this section runs in favor of the city commission, and the city commission may execute a satisfaction or release of lien entered pursuant to this section. 3. A property owner may petition the city commission to allow the property owner to invest an amount of money equal to one and one-half times the amount of the fine which is due in the revitalization or improvement of the property which was the subject of the violation. Upon presentation of evidence to the city manager that such sum has been properly expended, the lien shall be released by the city comnusslOn. 4. Three months from the filing of any such lien which remains unpaid, the municipal code enforcement board may authorize the city attorney to foreclose on such lien in the manner provided by statute for the foreclosure of other municipal liens. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under the state constitution, Article X, ~ 4. 5. In an action to enforce an order or to foreclose on a lien, the prevailing party shall be entitled to recover all costs, including a reasonable attorneys fee. The city shall also be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. G. Civil penalty/citation. As an alternative to the special master and the municipal code enforcement board, a code enforcement officer may issue a citation for violation of a provision ofthe city's code for prosecution in county court pursuant to Section 1.12 of the city's code. A code enforcement officer may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or Page 7 - 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. A person convicted of violating a provision of this development code through the use of this section may be ordered to pay a fine, not to exceed $500.00.:., and may be senteaced to a definite term ofimprisofU'Reat, Rot to exceed 60 days, in a municipal detentioa facility or other faeility as aathorized by la','l. Prior to issuing a notice to appear. a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than five days and no more than thirty days. If. upon personal investigation. a code enforcement officer finds that the person has not corrected the violation within the prescribed time period. a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found. or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health. safety. or welfare or that the violator is engaged in violations of an itinerant or transient nature. as defined in Section 8- 102. or if the violation is irreparable or irreversible. H. Revocation of occupational license. In the event a violation of this development code is determined by the municipal code enforcement board, the special master, or the circuit court, the code enforcement officer shall commence revocation of any occupational license granted by the city to the violator pursuant to the terms of Chapter 29 Section 29.41 of the City Code. In the event the violation is determined to be an immediate threat to the public health safety and welfare, the occupational license shall be deemed immediately revoked notwithstanding the provisions of Section 29.41 of the City Code. I. Suspension or revocations of adult use permit. I. If an adult use permit 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 permit for the adult use establishment for up to one year. Suspension or revocation shall be by the city manager 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 3-304 within a permitting year or three or more specified criminal acts occurring on the premises of the establishment within a permitting year, the city shall have just cause to suspend or revoke for up to one year the adult use permit for the adult use establishment. Suspension or revocation shall be by the city manager 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 Article 3 Division 3 or committing specified criminal acts at the establishment. Page 7 - 9 3. If the community development coordinator determines that a violation of subsections (1) or (2) of this section has occurred, the community development coordinator shall schedule a hearing before the city manager. The permittee shall be given written notice of the hearing at least 10 calendar days prior to the hearing and shall have an opportunity to present evidence on the permittee's behalf, to cross examine witnesses, and to be represented by counsel. The city shall have the burden of proof by a preponderance of the evidence. A written decision by the city manager shall be filed with the city clerk's office and served on the permittee within 10 calendar days of the hearing. The written decision shall be based solely on the evidence presented at the. hearing, shall contain findings of fact and conclusions of the legal basis for the decision, 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 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. The filing by the permittee of a pleading seeking judicial review shall automatically stay the enforcement of the decision by the city manager until judicial review has been exhausted unless the city obtains injunctive relief Any person whose adult use permit was suspended or revoked shall be eligible to submit immediately an application for a new permit to conduct at a different location a business involving the sale of rental of materials protected by the first amendment or the performance of entertainment protected by the First Amendment so long as the applicant is otherwise in compliance with this development code and with other applicable laws. J. Stay of development approvals. 1. Upon the entry of an order of violation by the municipal code enforcement board or special master, the community development coordinator shall notify the building official and other appropriate city departments that no further development approvals shall be processed or granted regarding the property which is the subject of the violation, except for permits necessary to correct the violation, until the violation is corrected and fines which have been imposed are paid. 2. If the violation involves a level one or level two approval (or previously approved conditional uses) which has been found as not having been conducted in accordance with the conditions imposed in the development approval, then the code enforcement officer shall commence a proceeding in front of the community development coordinator or the community development board, as the case may be, to revoke the development approval. K. Stopwork 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 by the city's code or in a dangerous or unsafe manner or without proper permits shall immediately cease. Such.notice shall be in writing Page 7 - 10 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I and shall be given to the owner of the property, his agent or the person doing the work and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. L. 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 by the city's code in case 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. Section 7-104. Appeals. Any aggrieved party, including the city, may appeal a final order of the municipal code enforcement board or special master by commencing appropriate proceedings in the circuit court of Pin ell as County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the municipal code enforcement board or special master. The appeal shall be filed within 30 days of entry of the order to be appealed. Section 7-105. Prosecution under prior codes. Any prosecution arising from a violation of any prior code, ordinance or regulation of the city superseded by this development code, which prosecution was pending as of the date of adoption of this development code in consequence of any violation of any prior code, ordinance or regulation superseded hereby, which violation was committed prior to the date of adoption of this development code, shall be tried and determined exactly as if such prior code, ordinance or regulation had not been superseded. Section 7-106. Removal of abandoned or inoperative motor vehicles. Notwithstanding the provisions of this article, abandoned or inoperative motor vehicles or boats found upon the public streets or public property within the city shall be subject to the notice and removal procedures set forth in F.S. ~~ 705.102 through 705-104. Page 7 - 11 I I I I I I I I I I I I I I I I I I I ARTICLE 8. DEFINmONS AND RULES OF CONSTRUCTION Sec. 8-101. Rules of construction. Sec. 8-102. Definitions. Section 8-101. Rules of construction. For the purposes of this development code, the following rules of construction shall apply: A. The provisions of this development code shall be construed to achieve the purposes and intent for which they are adopted. B. Nothing in this development code is intended to abrogate any easement, covenant, deed restriction or other private agreement; however, where the regulations of this development code are more restrictive or impose higher standards or requirements than such easement, covenant, deed restriction or other private agreement, the requirements of this development code shall govern. c. In the event of a conflict between the text of this development code and any caption, figure, illustration, table, or map, the text of this development code shall control. In the event of a conflict between a chart and an illustration, the chart shall control. All illustrations included in this development code are for illustrative purposes only. D. In the event of any conflict in limitations, restrictions, or standards applying to an individual use or structure, the more restrictive provisions shall apply. E. The words "shall," "must," and "will," are mandatory in nature, implying an obligation or duty to comply with the particular provision. F. The word "may" is permissive in nature. G. Words used in the present tense include the future tense. H. Words uses in the masculine gender include the feminine gender. I. The words used and occupied as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied. " 1. The word "lot" shall include the words "plot," "parcel," "site," or "tract" ofland. K. The word "herein" means "this development code." Page 8 - 1 Page 8 - 2 I I I I I I I I' I I I I I I I I I I I L. Any act authorized by this development code to be carried out by a specific official or agency of the city is impliedly authorized to be carried out by a designee of such official or agency. M. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded. N. Any words and terms not defined herein shall have the meaning indicated by common dictionary definition. O. Any reference to Florida Statutes or Florida Administrative Code shall be construed to be a reference to the most recent enactment of such statute or rule, and shall include any amendments as may from time to time be adopted. Section 8-102. Definitions. For the purposes of this development code, the following words and terms have the meanings specified herein: Abandoned building means a building or structure that is inteationall)' and Tloluntarily unoeeupied, deserted by the owner and left unsecured or that is not maintained. Evidence of desertion and lack of maintenance shall include. but not be limited to: unaddressed code violations: lack of required building permits or certificate of occupancy: lack of occupational license: and lack of active utilities. Abandoned motor vehicle means a motor vehicle voluntarily relinquished by the owner for an apparently indefinite period of time. The term includes but is not limited to any motor vehicle which is left upon private property without the consent of the owner, lessee or occupant thereof for longer than two hours. Abutting property means property which is contiguous to the parcel proposed for development or contiguous to property which is owned by the applicant and/or an affiliated entity of the applicant which is contiguous to the parcel proposed for development. Accent tree means a self-supporting woody plant which normally attains a height between 15 and 35 feet at maturity in the county. Access means a way or means of approach to provide vehicular or pedestrian entrance or exit to a property. Access classification means a ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the appropriate local government's adopted plan for the roadway, subdivision, of abutting properties, and existing level of access control. I I I I I I I I I I I I I I I I I I I Access connection means any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system. Access management means the process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity, and speed. Access management plan (corridor) means a plan illustrating the design of access for lots on a highway segment or an interchange area that is developed jointly by the state, the metropolitan planning organization, and the City of Clearwater. Accessory uses means a use which: 1) is subordinate to and serves a principal use; 2) is subordinate in area, extent, and purpose to the principal use served; 3) contributes to the comfort, convenience or necessities of the users or occupants of the principal use; and 4) is located on the same lot as the principal use. Accessory structure means a building or structure which: 1) is subordinate to and serves a principal building served; 2) contributes to the comfort or necessary and convenience of the users or occupants of the principal building; and 3) is located on the same lot as the principal building and is not attached to such building. INSET: diagram DELETE 1 ST GRAPffiC Accident potential hazard area means a rectangular area longitudinally centered on the runway centerline and extended runway centerline, the width of which is 5,000 feet and the length of which terminates 5,000 feet beyond each end of the runway. Addition (to an existing building) means 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 loadbearing walls is new construction. 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. 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 Page 8 - 3 Page 8 - 4 I I I I I I I I I I I I I I I I I I I material." The term "adult booth" does not include a restroom or a foyer through which any person can enter or exit the establishment. Adult day care means a use for the provision of care for part of a day, with or without compensation of three or more persons who are 18 years of age or older who are not related to the owner or operator by blood or marriage. 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, 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 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. Adult use licensee means any person whose application for an "adult use" license has been granted and who owns, possesses, operates, and controls the "adult use establishment." I I I I I I I I I I I I I I I I I I I Advertising means any form of public announcement intended to aid, directly or indirectly, in the sale, use, or promotion of a product, commodity, service, activity, or entertainment. Airport means the Clearwater Airpark. Airport elevation means the highest point of the airport's usable landing area measured in feet above mean sea level which is established at 71 feet AMSL. Airport height zone means one of five specifically described areas in proximity to the airport, namely: primary zone, horizontal zone, conical zone, approach zone and transitional zone, each of which is separately defined. INSET: diagram Airport obstruction means a building, structure, object of natural growth or use of land which either exceeds the federal obstruction standards contained in 14 CPR 77.21, 77.23, 77.25 and 77.28 or constitutes an obstruction to the airspace required for landing at or taking offfrom the airport. INSET: diagram Alcoholic beverage sales (package) means a commercial activity involving the sale of alcoholic beverages for off-premises consumption. Alley means a public thoroughfare which affords only a secondary means of access to abutting property. INSET: diagram Animal grooming or boarding uses means a use where animals are kept on a temporary basis in conjunction with grooming or overnight boarding. Antenna means any exterior apparatus at a fixed location designed for telephonic, radio, data, internet or other communications, through the sending and/or receiving of electromagnetic waves. Applicant means a person who applies to the city for development approval. Application for development approval means any application for approval of development under the provisions of this development code, other than an application for a building permit, certificate of occupancy, and occupational license. Approach zone means an area longitudinally centered on the extended runway centerline which is contiguous to and extends away from each end of the primary zone for a distance of 5,000 feet, the width of which is 250 feet on the inner boundary, nearest the runway, and widens uniformly to a width of2,500 feet on the outer boundary, furthest from the runway. Page 8 - 5 Page 8 - 6 I I I I I I I I I I I I I I I I I I I INSET: diagram Arboriculture means the care and maintenance of trees. Architectural detail means 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, but is not limited to, relief or inlay features or patterns that distinguish window or door openings, exterior lighting that frames building features, and changes in facade materials to create an architectural effect. Art work means drawings, pictures, symbols, paintings or sculpture which do not identify a product or business and which are not displayed in conjunction with a commercial, for profit or nonprofit enterprise. Artisan means any artist. painter. sculptor. photographer or craftsman who produces and sells artwork or handicrafts on a site. Assisted living facility means a facility, as defined in Florida Statutes, which provides housing, food services, 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. For the purpose of calculating the maximum development potential, 3.0 beds shall be equivalent to one dwelling unit. Automobile service station means any building, structure, or lot used for the following: dispensing, selling or offering for retail sale gasoline, kerosene, lubricating oil, or grease for the operation and maintenance of automobiles. This may include buildings or structures that are used for the retail sale and direct delivery to motor vehicles of cigarettes, candy, soft drinks and other related items for the convenience of the motoring public, and may include facilities for lubricating, minor repairs or vehicle service. Such establishments shall not include facilities for major vehicle service. A viation obstruction means a building, structure, object of natural growth or use of land which impedes or otherwise hinders the safe operation of airborne aircraft. Background traffic means the roadway trips which occur without the additional trips generated by a proposed development. Backlogged road means any city, county, or state road within the city operating at a level of service below the adopted minimum operating level of service specified in the comprehensive plan. Basement means that portion of a building having its floor subgrade, i.e., below ground level, on all sides. I I I I I I I I I I I I I I I I I I I Beacon means a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; not including any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies. Block means 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 means the continuous frontage along anyone side of a block. Block length means length between centerlines of intersecting streets. Bloodplasma center means a building used for the extraction of blood plasma from human beings for the purpose of sale or transfer. Board means the Community Development Board of the City of Clearwater. Buffer means a combination of vegetation, fencing, berms and/or open spaces which is used to physically separate or screen land uses. INSET: diagram Building permit means 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, prior approvals, ordinances and statutes. Building means 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. Building official means the building official of the city within the meaning of the building codes adopted for enforcement within the city. Building length means the dimension of the building including all appurtenant decks and balconies as measured parallel to the street right-of-way. Building separation means the distance between principal buildings on a site. Caliper means the measurement of young or nursery trees and is measured at a height six inches above the ground or soil level for trees up to and including four inches in caliper and twelve inches above the ground for larger trees. INSET: diagram Page 8 - 7 Cemetery means a burial place for human remains. including earth interment. a mausoleum. for crypt or vault entombment. or a columbarium for cinerary inumment. Certificate of occupancy/use means a certificate by the building official that a building, structure or use conforms to the building permit, all applicable city ordinances and requirements and may be used or occupied as proposed and approved. Certificate of concurrency/capacity means the document issued by the city indicating the quantity of public facilities that are available and reserved for the property described in the certificate, including any limits on uses, densities, and intensities of an approved development of the property, and containing an expiration date. Change of use. means a change of use of a building, structure or property to another use. 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. Child day care means a use providing for the day care, with or without compensation, of five or more infants, preschool-aged children and/or school-aged children who are unrelated to the operator as defined in Florida Statutes Section 402.302(4). City means the City of Clearwater, Florida. City engineer means the city engineer of the city. Clearing means the act of removing vegetation or an existing impervious surface such as but not limited to asphalt, concrete or buildings, such that bare earth or other erodible surface is exposed to the elements. Clearwater Beach means the island north of Sand Key and west oflsland Estates. CUnie, medicsl means a facility used by a group of physicians or dentists f-or the examination or treatment of persons on an outpatient basis oflly. Coastal construction control line (CCCL) means a boundary established by the State of Florida pursuant to F.S. 161.053 to regulate how close structures can be constructed to certain coastal waters. Coastal high hazard area means 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, VB or V. Code Enforcement Board means the Clearwater Code Enforcement Board created pursuant to F.S. ~ 162.05 et seq. Page 8 - 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Code enforcement officer means those authorized agents or employees of the city whose duty it is to enforce this development code and other city ordinances and codes. Color, earth tone means brown, beige, green and other colors typically found in the natural environment. Color, muted means colors which are not garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Commercial vehicle means any vehicle designed for a commercial or industrial function, or any vehicle marked with commercial advertising. Common ownership means a shared interest in real property by the same person or any persons related by marriage, blood, or adoption who are parents, spouses, siblings and children. Community development board means the board established pursuant to Article 5 of this development code with authority to hear appeals of level one approvals, to review and decide level two approvals, and to review and recommend level three approvals to the city commission. Community residential home means a dwelling unit which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. Community development coordinator means the director of the department of community development and redevelopment, or any person designated to act on behalf of the director. Comprehensive infill redevelopment project means an innovative use of land which does not conform to typical land use categories or development forms and involves a use or mix of uses, designed and located in a special or innovative form with special functions or character which are beneficial to a particular part of the City of Clearwater and the citizens of the City of Clearwater as a whole. Comprehensive plan means the City of Clearwater's Comprehensive Plan adopted pursuant to Florida Statutes. Concurrency means that adequate public facilities meeting the level of service standards established in the city's comprehensive plan are or will be available no later than the impacts of a development. Concurrency test means a comparison of a development's impact on public facilities with the capacity of public facilities that are or will be available no later than the impacts of development. Page 8 - 9 Page 8 - 10 I I I I I I I I I I I I I I I I I I I Condominium plat means a document (plat) prepared for recordation purposes displaying the manner in which property is to be partitioned into condominium interests. Condominium means the partitioning of single units in a multiple unit structure for the purpose of individual ownership and where there are commonly owned areas or facilities included. Congregate care means a residential use designed to be occupied by 21 or more persons, comprised of individual dwelling units, with or without complete kitchen facilities, and such common dining and other normal living facilities as may be integral to the personal and therapeutic care of residents. Such congregate care facilities shall include facilities for adult congregate living as defined by F.S. ~~ 400.401 through 400.454 and like residential retirement and life care. For the purpose of calculating the maximum development potential, 3.0 beds shall be equivalent to one dwelling unit. Conical zone means an area extending outward from the perimeter of the horizontal zone for a uniform distance of 4,000 feet. (See airport height definition for illustration) Coniferous means a tree belonging to a group of mostly evergreen trees that bear true cones or arillate fruit. Connection spacing means the distance between connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way. Constrained facility means a road identified in the Comprehensive Plan as a road to which the addition of two or more through lanes is not possible because of physical barriers or policy barriers. Contributing properties means properties located in a historic district that meet the criteria set forth in section 4-607. Conwi!nience retail means any retail establishment offering f-or sale grocery and household items, ne'Nspapers and magazines, gasoline and other auto products, food products, incidental sales of cooked food or site prepared food ready for serving off premises, and similar items. Convention center means 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 preparation and service for on-premise consumption. 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. I I I I I I I I I I I I I I I I I I I Corner clearance means the distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way. Cornice height means the vertical distance from ground level (top of finished sidewalk) to the top of the exterior cornice. Cornice, exterior means the uppermost horizontal molded projection or other uppermost horizontal element located at the top of a building or portion of a building. INSET: diagram Critical root zone means the rooting area of a tree, within the tree's dripline, which if injured or otherwise disturbed is likely to directly affect a tree's chance for survival. INSET: diagram Cross access means a service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system. Crown means all branch parts of a tree, including all stems, twigs and foliage. INSET: diagram Cul-de-sac means a street having only one end open for vehicular traffic and the other permanently terminated by a turnaround for vehicles. INSET: diagram Debris means abandoned or inoperative material which is stored externally and shall include but not be limited to one or more of the following: discarded household items; inoperative or abandoned machinery, motor vehicles, boats, trailers or household appliances, including but not limited to freezers, refrigerators, iceboxes, stoves, dishwashers, and washing or drying machines for clothing; or refuse, garbage, rubbish, trash, junk, used scrap, lumber, steel, plumbing fixtures, insulation, barrels, boxes, drums, piping, glass, iron machinery, excelsior or plastic. Deferment means the continuation of a public hearing item. Demolition means the removal of 50 percent or more of a structure's external walls, measured in square feet. Density means units per aere the measure of permitted residential development expressed as a maximum number of dwelling units per gross acre of land. INSET: diagram Page 8 - 11 Page 8 - 12 I I I I I I I I I I I I I I I I I I I Denuded means stripped of vegetation or other sod cover. Detention area means an excavated area, intended to temporarily store stormwater runoff generated by development. Development Code means the Community Development and Development Code of the City of Clearwater. Development Order means any order granting. denying or granting with conditions an application for any development permit. Development review committee means an informal interdepartmental team of city staff members who review applications for development approval pursuant to the City Code. Development means (1) the subdivision ofa parcel ofland; (2) the construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of a structure; (3) the mining, excavation, landfill, drilling, grading, deposition of refuse, solid or liquid waste, or fill on a parcel of land; (4) the alteration of the shore or bank of a pond, lake, river, or other waterway; or (5) any use or change in the use or intensity of use of any structure or use of land and includes redevelopment. Development agreement means an agreement between the City of Clearwater and one or more persons entered into pursuant to sections 163.3220 et seq., Florida Statutes. Development approval means any approval, permit or other official action of the city granting, denying, or granting with conditions an application for development. Diameter breast height (DBB) means a measurement of mature trees and is measured at a height four and one-half feet above the ground or soil level. District means any section of the city for which the regulations contained in this development code governing the use of land and any structures thereon are uniform. Dock means an accessory structure, not offered for sale or rental, 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. Down light fixture means a light fixture where direct illumination is cut off above 70 percent below horizontal. Dripline means an imaginary line along the ground which reflects the perimeter of the crown of a tree extended vertically to the ground. INSET: diagram I I I I I I I I I I I I I I I I I I I Dwelling, accessory means a dwelling unit accessory to and occupying the same lot as a nonresidential use. Dwelling, attached means a dwelling unit that shares common walls with at least one other dwelling unit. Dwelling, detached means a building separated from any other principal building and containing only one dwelling unit, erected on an individual lot of record. Dwelling unit means a building or portion of a building providing independent living facilities for one family including provision for living, sleeping, and complete kitchen facilities. Easement means a grant of one or more property rights by a property owner to or for use by the public, or another person or entity. Educational facilities means an institution devoted solely to vocational or professional education or training, an institution of higher education, a community college, junior college and a four-year college or university. Employee (in connection with an adult use) 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 does not 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." Erosion means the wearing away of the land surface by running water, wind, vehicular traffic or gravity. Escrow means a deposit of cash with the city in lieu of an amount required and still enforced on a performance or maintenance bond. Established or commenced an adult use business means one of the following: (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." Page 8 - 13 Page 8 - 14 I I I I I ,I I I I I I I I I I I I I I Excessive growth means the growth of weeds, grass or plants which are not cultivated or landscaped or regularly tended which reach a height in excess of 12 inches. Existing manu.factl:lr.ea hame park er suhdiwsir.m means a manufactured home park or subdivision for 'J/hick the construction of facilities for servicing the lots on '.'lhich the manufactured homes are to be affixed, includiRg at a minimtlffi the installation of utilities, the construction of streets, and either Bnal site grading or the pouring of concrete pads, was completed before December 3 1, 1971. Exptlnsien Ie an existing manu.factur-ed home park f.)I' S1;lhdivisien means the preparation of additional sites by tke construction of facilities for servicing the lots on which the maoofactured homes are be to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of coftcrete pads. Externally means outside a fully enclosed building or structure, except that materials stored in a carport shall not be deemed to be stored externally. FAA means the Federal Aviation Administration. FCC means the Federal Communication Commission. Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit. Final plat means a map, plan or record of a subdivision and any accompanying material, as provided in Article 4, Division 7. Flag means any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. Flag lot means a lot where access is provided to the bulk of the lot by means of a narrow corridor and which does not meet the normally required lot width. Flagpole means a pole on which to raise a flag. Floor area ration (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FARis calculated by adding together the gross floor area of all buildings on the site and dividing by the gross floor area. Florida Statutes means the general law of Florida and any amendments thereto enacted by the Florida Legislature. Freestanding canopy means any ancillary, cantilevered roof structure supported by vertical posts or columns and not affixed to any primary building. I I I I I I I I I I I I I I I I I I I INSET: diagram Frontage, building means the facade which is the principle means of customer access. Frontage, property means 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. Funeral home means an establishment with facilities for the preparation of the dead for burial, not involving cremation, for viewing of the deceased and for funerals. Garage, yard or estate sale means a sale operated at a residence primarily for the sale of used household goods. Governmental use means a building, use or structure owned or occupied by a federal, state, or local government agency and serving as an agency office, police station, fire station, library, post office, or similar facility, but not including a vehicle storage yard, jail, sanitary landfill, solid waste transfer or disposal facility, wastewater treatment facility, hazardous waste treatment or storage facility, food irradiation facility, educational or health institution, university, military facility, residential care home, housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws, or other type of public facility. Grade, existing means the natural earth surface, or the earth surface altered for drainage or other engineering purposes determined necessary by the city engineer. Graffiti means one or more letters, symbols, or other markings painted, drawn or otherwise applied to a wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, not including signs or murals. Gross floor area means 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 means the total floor area designed for tenant occupancy. Ground level means the lower or finished 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 shall be the finish grade of the landward portion of the adjoining parcel. Grubbing means 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 which such roots are located. Halfway house means a residential use providing transitional housing for persons needing substance abuse treatment, criminal incarceration and similar environments. Page 8 - 15 Page 8 - 16 I I I I I I I I I I I I I I I I I I I Hazardous tree means a tree that 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 to be or likely to create a hazard. A hazardous tree shall include but not be limited to dead, diseased, broken, split, cracked, leaning and uprooted trees. A hazardous tree shall also include a tree harboring communicable diseases or insects of a type that could infest and cause the decline of adjacent trees. Height, building or structure, means for buildings, the vertical distance from the mean elevation of the existing grade to the highest finished roof surface in the case of a building 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. In addition, (1) linear radio and television antennas shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district within which the antenna is located. Parabolic and other geometrically shaped antenna shall not be permitted this height increase. (2) Flagpoles located on top of buildings shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (3) Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (4) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than 30 inches over the maximum height specified for the zoning district in which the building is located. Height, sign meMS the '..ertical distMce measured from gr01:lRdlevel nearest the base of the sign to the h.:ighest point of the sign. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. INSET: diagram Historic property means any prehistoric or historic site, building, structure, or other real or personal property of historic, architectural, or archaeological value, and designated as such by the city commission. Historic properties may include but are not limited to Indian habitations, ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic historical, architectural, or archaeological value relating to the history, government and culture of the city. Historic easement means any easement, restriction, covenant or condition running with the land, designed to preserve, maintain or enhance all or part of the existing state of places of historic, architectural, cultural or archaeological significance. I I I I I I I I I I I I I I I I I I I Historic district means a geographically definable area designated as such by the city comnusslon. Home occupation means 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. Horizontal zone means an area in proximity to the airport with an outer boundary the perimeter of which is constructed by swinging two arcs, each with a 5,000-foot radius, from the center of each end of the primary zone, i.e., 200 feet from the end of the runway, and enclosed by connecting the arcs with two lines tangent to such arcs. (See airport height definition for illustration). Hospital means an establishment primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other services, as well as continuous nursing services. The establishment has an organized medical staff on duty 24 hours a day, inpatient beds. and equipment and facilities to provide complete health care; may also provide complete health care emergency room care and include less intensive medical uses such as convalescent and ambulatory care facilities. Impermeable lot coverage means any permanent installation on or improvementto the natural earth surface which completely or partially prevents the absorption of precipitation and surface water in a natural manner. Such coverage shall be expressed as a percentage of the area of the lot. Impervious means surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including surfaces such as compacted sand, limerock, shell or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures. Impervious surface ratio (ISR) means a measurement of intensity of hard surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area. Indoor recreation/entertainment means 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: auditoria, stadiums, bowling alleys, theaters, racquetball facilities, martial arts instruction, gym facilities, video/electronic game, dance studios, billiards facilities, health studios and like uses. Inoperative means not in working condition as designed. or not capable of being operated lawfully. Page 8 - 17 Intensity means the measure of permitted development expressed as floor area ratio or density, or both. Interval ownership/timesharing unit means an overnight accommodation, the ownership or contractual use of which is for a specified period of time, designed to be utilized as a temporary place of residence and counted as a hotel room for the purpose of applying the density standards of this development code. Joint access (or shared access) means a driveway connecting two or more contiguous sites to the public street system. Kitchen means a portion of a building which contains a cooking unit such as a range, stove, oven, microwave oven or similar device, a refrigeration unit either together as a unit or as separate component parts. Landscaping means grasses, ground covers, vines, shrubs, trees and inanimate durable material such as organic mulches. 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. Level one approval means an administrative approval of an application for development approval in accordance with the provisions of Article 4 Division 3. Level two approval means an approval of an application for development approval by the community development board in accordance with the provisions of Article 4 Division 4. Level three approval means an approval of an application for development approval by the city commission in accordance with the provisions of Article 4 Division 6. Level of service standard means the number of units of capacity per unit of demand adopted by the city in the comprehensive plan. Living aboard (a boat) means the use ofa boat whereupon one or more persons reside, whether temporarily or permanently. Light assemblv means a use engaged in the manufacture. predominately from previously prepared materials. of finished products or parts. including processing. fabrication. assembly. treatment. packaging. storage. sales and distribution of such products. The use shall not include or allow for any exterior storage or processing of equipment or materials of any kind. A light assembly use shall not create any sound. odor. or other negative impacts from the outside of the building. Lot (site, premises, parcel, tract) means land which has been or is proposed to be used, developed, or built upon as a unit under single ownership. Page 8 - 18 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Lot depth means the mean distance between the front and rear lot lines, generally longer than the lot width. Lot area means the total land area within the boundaries of a lot exclusive of any area designated for street purposes. Lot, corner means a lot located at the intersection of two or more street rights-of-way. Lot, double frontage means a lot bounded on opposite or approximately opposite sides by streets. Lot, interior means a lot bounded on both sides by other lots. INSET: diagram Lot, width means the distance between side lot lines measured along the front setback line, generally having a lesser length than lot depth. Major drainage system means a system of natural or manrnade drainage ways such as streams, ditches, or canals that collect stormwater runoff from watersheds. day. Major traffic generator means a site that generates in excess of 1,200 vehicle trips per Mansard means an extension of an exterior wall or roof projection of a building that is architecturally integrated into the building design. J.lanufachHed h6me mean.s a stmeture, transportable OR one or more seetioas, "lImeh is built OR a perman.eAt ehassis and desigaed to be used vlith or '.vithot:lt a permaooflt fouadatioR ..VneR CORftected to the required utilities. Tke term "manufactured home" does flOt incIt:lde a recreational vehicle. }.{anufactl:H'-ed heme park or suhdivisien means a parcel of contiguous parcels of land divided into t'NO or more lots for reRt or sale as maftt:lfactured home sites. Manufacturing means 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, but not including research and technology production uses. Marina means any structure constructed on pilings over open water or supported by flotation on the water which provides three or more boat slips for the purpose of sale or lease. Page 8 - 19 Page 8 - 20 I I I I I I I I I I I I I I I I I I I Marina facilities means a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equipment. Market value of the structure means the appraised value of the structure, not including land, driveways, sidewalks, landscaping, swimming pools and other 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. Material alteration of historical properties means any change, other than a demolition, affecting the exterior appearance of a structure by additions, reconstruction or remodeling in a way which adversely affects the character, form, integrity, or other qualities contributing to the historical, architectural or archaeological value of the property. The term may include but is not limited to the changing of roofing or siding substances, or the changing, elimination or addition of doors, door frames, windows, window frames, shutters, fences, railings, porches, balconies, or other ornamentation. The term does not include ordinary maintenance. Mean sea level means 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 Development Code, the term is synonymous with National Geodetic Vertical Datum (NGVD). Medical clinic means an establishment where patients. who are not lodged overnight. are admitted for examination and treatment by one (1) person or group of persons practicing any health services to individuals. whether such persons be medical doctors. chiropractors. psychologists. social workers. physical therapists. dentists or any such profession. the practice of which is lawful in the state and in the city. This definition does not include a place for the treatment of animals. Metes and bounds means the method used to describe a tract ofland by angular (metes) and linear (bounds) measurements. Minimum obstruction clearance altitude means the specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within 22 miles of a VOR. Minimum en route altitude means the altitude in effect between radio fixes which ensures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. Minimum vectoring altitude means the lowest MSL altitude at which IFR aircraft will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures or missed approaches. I I I I I I I I I I I I I I I I I I I Mixed use means a combination of residential and non-residential uses on a single property. INSET: diagram Mobile home means a residential structure, transportable in one or more sections, which is eight body feet (two to four meters) or more in width, over 35 feet in length with hitch built on an integral chassis, constructed in accordance with the mobile home standards set by applicable federal and state agencies, and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Mobile home park means a parcel of land devoted to the parking, accommodations or rental of more mobile homes, including individual mobile home lots and common facilities for maintenance, service and recreation. Model home means a residential building, occupied or unoccupied, regardless of location or ownership, used by any person as a model, plan or example for the construction of or the sale of the same or similar building at any other location. Mulch means a natural layer of plant residue, such as straw, covering the land surface, which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations. Multi-family means three or more attached dwelling units. Mural means artwork applied to the wall of a building which covers all or substantially all of the wall and depicts a scene or event of natural, social, cultural or historic significance. Native vegetation or native species means any and all plant species that are indigenous to the City of Clearwater. Natural drainage ways means those watercourses that are either natural or have not been substantially excavated, graded or otherwise altered or improved, by man. Neighborhood conservation immediate vicinity area means all land located within 1,000 feet of a parcel proposed for development which is located within a designated neighborhood conservation district. For the purposes of this definition, a parcel of land is located within a neighborhood conservation immediate vicinity area if at least 25 percent of the land area falls within 1,000 feet of the parcel proposed for development. Neon sign or lighting means any sign, symbol, mural, or design created or illuminated by exposed neon, fluorescent, incandescent or other artificial lighting source. Signs internally illuminated by any of these light sources are not neon signs. Page 8 - 21 New msnujaetflred heme park er suhdbision means a maRUfaetured home park or subdivision for which tke construetion of faeilities for servieing tke lots on wilieh the maoofaetured komes are to be affixed, including at a minimum. the installation of utilities, the site grading and the pouring of eoncrete pads, was completed on or after December 31, 1971. Nightclubs, taverns, and bars means any facility licensed by the State of Florida for on premise consumption of alcoholic beverages but not including restaurants. No tree removal permit required verification means a statement signed by an applicant for development approval, an applicant for a land clearing or grubbing permit or building permit certifying that no protected trees exist on-site or although protected trees exist on the site for which any of the above-named permits is sought, their removal is not required for construction purposes. (Article 1 Di',ision 12) Nonconcurrency affidavit means a document signed by an applicant which defers the application for a certificate of concurrency capacity, acknowledges that future rights to develop the property are subject to the deferred determination of concurrency, and acknowledges that no vested rights have been granted by the city or acquired by the applicant without such a determination. Nonconforming access features means features of the access system of a property that existed prior to the date of ordinance adoption and do not conform with the requirements of this development code or requirements of the Administrative Rule 14-97 of the Florida Department of Transportation. Nonconforming use means any use of a building, structure or land lawfully established that does not comply, with the provisions for the zoning district in which such use is situated. 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 Development Code. Nonconforming lot means a lot of record which does not meet the lot area or lot width requirements of this development code for the zoning district in which it is located. Nonconforming sign means any sign lawfully established that does not conform to the requirements ofthis development code. Nonconforming structure means a building or structure lawfully established which does not conform to the requirements for location or other dimensional requirement for such building or structure in the zoning district assigned to the property, i.e., the minimum setback, maximum height or maximum building coverage. Nonconformity means any lot, structure, use or other feature of the property regulated under the provisions of this development code which was lawfully established but which on the Page 8 - 22 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I effective date of this development code, or any amendment thereto, does not comply with the requirements of this development code. Nonresidential use means any use which is not a residential use. Nonresidentially zoned property means any parcel of property located in one of the following districts; Mobile Home Park ("RMH"); Office ("0"); Tourism (liT"); Commercial ("C"); Downtown ("D"); Industrial, Research and Technology ("IRT"); Institutional ("1"); Open Space/Recreation ("OS/R"); Preservation (liP"); Mixed Use ("MU"). Nonresidential parking means a parking lot or garage which provides parking for non- residential uses. Not practicable means if the requirement is physically impossible on the parcel proposed for development or would require an investment with no reasonable probability of a return on that investment. Nuisance means that conduct defined in F.S. 9 823.05, that conduct specified in this development code and: (1) any continuing condition or use of premises or of building exteriors or of land which causes substantial diminution of the value of property in the vicinity of such condition or use; (2) any continuing condition or use of premises, building exteriors or land which unreasonably annoys, injures or endangers the comfort, health, repose, privacy or safety of the public through offensive odors; noises; substances; smoke; ashes; soot; dust; gas fumes; chemical diffusion; smog; flooding; disturbance and vibrations of earth, air, or structures; emanations; light; sights; entry on adjoining property by persons or vehicles; or (3) other unreasonable intrusions upon the free use and comfortable enjoyment of the property of the citizens of the city. Nursing home means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation. For the purposes of calculating the maximum development potential, ~ 3.0 beds shall be equivalent to one dwelling unit. Off-street parking means an enclosed or unenclosed parking area located on private property and not within a street right-of-way. Office means a use where a business, profession, service or government activity is conducted which does not involve retail activities on-site and not including veterinary offices and problematic uses. Opaque means any nontranslucent. nontransparent material which provides a visual barrier from one side to the other. Open space means an area of a lot receiving permeable vegetative landscape treatment. F or the purpose of computing the minimum open 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. Page 8 - 23 Page 8 - 24 I I I I I I I I I I I I I I I I I I I INSET: diagram 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, II including but not limited to, the licensee, manager, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or other employee. Ordinary maintenance of a historical structure means minor repairs, repainting and other activities which normally do not require a building permit, or which repair or replace existing details with similar materials, if such work does not adversely affect the character, form, integrity, or other qualities contributing to the historical, architectural or archaeological value of the property. Outdoor recreation/entertainment means 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, displays and/or storage means 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, excluding vehicle sales. Overnight accommodations means a building or portion thereof designed and used primarily to provide sleeping accommodations for transient guests for a daily or weekly rental charge and including interval ownership and such office, meeting, restaurant facilities as are integral to its primary function. Owner of record, with respect to real property, means the person, corporation, partnership, or other legal entity, singular or plural, which is a record owner as recorded on the current tax rolls of the county. For condominium property, the term "owner" means the condominium association and not the individual unit owners. Owner means any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Palm tree means a self-supporting, fibrous-stemmed monocotyledon plant of the family Arecaceae (Palmae). Parcel of land means any legally described piece ofland which is designated by the owner or developer as land to be used or developed as a unit, or which has been developed as a unit. Parking lot means an unenclosed area reserved for the temporary storage of motor vehicles. Parking garage means an above ground or below ground multi-level parking structure. I I I I I I I I I I 'I I I I I I I I I Parking garages or lots means off-street parking for commercial or non-commercial purposes as a principal use of a parcel of land. Parking space means a surfaced area, exclusive of driveways, reserved for the temporary storage of one motor vehicle and connected with a street or alley by a driveway. Parks and recreation facilities means a tract ofland 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. Patron means any natural person present on the premises of an "adult use" otherthan an operator or employee. Passerby trip means a trip which enters a site as a stop on the way to a primary destination and which does not leave the travel corridor to the primary destination in order to accommodate the stop. Peak hour means the one-hour period on a weekday during which the greatest traffic volume occurs on a roadway. Pennant means any pieces or 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 comers, the remainder hanging loosely to any wire, cord, string, rope or similar device. The term includes but is not limited to string pennants, streamers, spinners, ribbons and tinsel. Perimeter buffer means the buffer required along the right-of-way of a parcel proposed for development, the boundary of a subdivision and certain other property boundaries as provided in Article 3 Division 12 hereof (See Buffer definition for illustration). Permitted use means a use which is specifically authorized in a particular zoning district. Person means anyone or more natural persons (regardless of age, mental competency, physical capacity, or legitimacy of birth), corporation (for profit or otherwise), mutual companies, joint-stock companies, partnerships, associations, firms, joint ventures, labor organizations, unincorporated organizations, syndicates, estates, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, legal representatives, personal representatives, heirs, devisees, spouses, creditors, debtors, beneficiaries, attorneys-in-fact, property owners, landlords, tenants, contract purchasers, contract sellers, public agencies (whether federal, state, or local), public officers, public employees, resident aliens, foreign governments, and any other group or combination of natural or artificial persons or entities. Piggybacking means a parking stall design in which one vehicle parks behind another from a single travel aisle access point. Page 8 - 25 Place of worship means a church, synagogue, temple, mosque or other place of religious worship, including any accessory use or structure, such as administrative facilities, a school, day care center or dwelling located on the same lot. Plat means a map, plan or layout, drawn to scale, of a tract ofland to be subdivided or partitioned into condominium interests, which displays the information identified in Article 4 Division 7 and is prepared for recordation purposes. Portable building means any building or vehicle consisting of one or more units designed, manufactured or converted for transportation on the public streets or highways on wheels, arriving at the site substantially ready for occupancy, whether for residential, office, commercial or manufacturing use. Removal of packing, baffles, and other travel supports; assembly of a unit; and connection of or to utilities shall not be considered in determining whether a unit is substantially ready for occupancy. The towing hitch, wheels, axles and other running gear may be removable for the placement of the portable building, and may be reinstalled to permit its further movement. A mobile home or mobile office including any doublewide mobile home or office is a portable building. Portable storage unit means any portable. above-ground container used for short-term storage. Preliminary plat means the preliminary drawing or drawings, indicating the manner or layout of a proposed subdivision. Premises means the land and all structures and articles appurtenant or attached thereto which are owned, leased, occupied or controlled by a person. Preservation and historic preservation means the identification, evaluation, recordation, documentation, analysis, recovery, interpretation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, or reconstruction of historic properties. Primary zone means an area longitudinally centered on the airport runway having an overall width of 250 feet and an overall length equal to the length of the runway plus 400 feet, 200 feet of which extends beyond each end of the runway. INSET: diagram Principal structure or use means the main or primary structure or use of land. 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. Page 8 - 26 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Problematic uses means commercial retail and service uses. including but not limited to, day labor. tattoo parlors. body piercing. such as pawn shops, check cashing centers and blood plasma centers which are typically characterized by poorly maintained facilities, loitering and other indices of neighborhood deterioration or urban blight. Prohibited tree means Punk (cajeput) tree - Melaleuca quinquenervia also known as Melaleuca leucodendron; Brazilian pepper - Schinus terebinthifolius; Australian Pine - Casuarina equisetifolia: and Chinese Tallow - Sapium sebiferum. Property lines means the lines which bound a property. INSET: diagram Property line, front means a property line which runs generally parallel to and along a road right-of-way or street exclusive of alleyways. Property line, side means a property line which runs generally perpendicular or radial to the front property line. Property line, rear means a property line which runs generally parallel to the property line from which a property is addressed. INSET: diagram Protected tree means any nonhazardous tree other than a prohibited tree of four inches caliper DBH or greater. Property means land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership. Puhlic recreation 6lr-ca meaflS 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 p1:lblicly ovmed property used for active or passive recreational1:lses. Public property means any city owned, leased, controlled, dedicated or platted real property, including but not limited to parks, marinas, alleys, streets, rights-of-way or other real property. Public transportation facilities means passenger terminals, stations, shelters and related facilities primarily intended for transportation. Public facility means a building, use or structure owned or occupied by a federal, state or local government agency, such as a jail, housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations for criminal laws, sanitary landfill, solid waste transfer or disposal facility, wastewater treatment Page 8 - 27 facility, or hazardous waste treatment or storage facility, but not including a governmental use, military facility, residential-care home, rehabilitation center, or education or health institution. Ready for highway use, as applied to a recreational vehicle, means that 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. Reasonable access means the minimum number of access connections, direct or indirect, necessary to provide safe access to and from the thoroughfare, as consistent with the purpose and intent of this development code and any applicable plans and policies of the City of Clearwater. Receiving water bodies means those water bodies and drainage ways, either natural or manmade, that lie downstream of the site in question and which are susceptible to degradation of water quality due to activity at the upstream site. Recreational vehicle means 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, as defined in Sections 513.01 and 320.01 of the Florida Statutes. Recreational vehicle lot means a parcel of land in a recreational vehicle park reserved for the temporary placement of a recreational vehicle and reserved for the exclusive use of the occupants of such recreational vehicle. Recreational vehicle park means a parcel of land reserved for the location of recreational vehicles, including buildings and sites set aside for group camping and similar recreational vehicles. Remove or removal means the actual removal of a protected tree or causing the effective removal through damaging, poisoning, excessive pruning, or other direct or indirect actions resulting in the death of a protected tree. Repeat violation means a violation of a provision of the City Code by a person when the special master, the code enforcement board or county court previously has found that person to have violated the same provision within fi'/e years prior to the violation a code who has been previously found through a code enforcement board or any other quasi-iudicial or iudicial process. to have violated or who has admitted violating the same provision within five years prior to the violation. notwithstanding the violations occur at different locations. Research and technology use means a use 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 or laboratories or buildings the primary use of which is the research, testing and development of goods, materials, foodstuffs or products. Page 8 - 28 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Resident of a community residential home means any of the following: an aged person, a physically disabled or handicapped person, a non-dangerous mentally ill person or a child as defined in the Florida Statutes. Residential infi// project means a development approved pursuant to flexibility criteria that allow the development of properties which due to unique conditions or historical patterns of development and ownership could not otherwise be ecoAomically developed. Residential shelter means a building or buildings or portions thereof, the use of which is for a nonprofit service providing a place of temporary residence or sustenance to homeless or needy persons or families. Residential use means a permanent place of residence for a family. Residentially zoned property means any parcel of property located in one of the following zoning districts: Low Density Residential ("LDR"); Low Medium Density Residential ("LMDR"); Medium Density Residential ("MOR"); Medium High Density Residential ("MHDR"); High Density Residential ("HOR"); Neighborhood Conservation Overlay ("NC"): Mobile Home Park ("l\1HP") as contained in Article 2 of this Development Code. Restaurant means a use providing for the preparation or sale of prepared food for consumption by customers primarily on the premises, including the subordinate sale of alcoholic beverages for consumption on premises, but excluding facilities with prepared food service within grocery stores and delicatessens. Restaurant, fast food means a business involving the sale of food and! or beverages ordered at either a counter or drive-through facility for either consumption on the premises using dishes and utensils which are disposable, or consumption off the premises. Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including financial institutions, grocery stores, medical clinics, adult day care, child care, personal services, funeral homes, art galleries, artisans. farmer markets, social and community centers, veterinary offices and animal boarding without outdoor cages, runs or pens and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Retention area means an excavated stormwater holding area which has no designed discharge. Right-oj-way means a strip of land reserved. used or intended to be used for vehicular or pedestrian travel, including highways. streets. alleys. walkways. drainage facilities or other public purpose. whether public or private. Page 8 - 29 Page 8 - 30 I I I I I I I I I I I I I I I I I I I Right ef way means land reserved, used, or to be used for a mgw,l;ay, street, alley, \valkway, drainage facility, or other public purpose. Runoff means the quality of stormwater that is unable to soak into the ground due to the presence of impermeable cover and which flows over land to a lower elevation following a storm. Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length. Salvage yard means an area of land which is principally used for the storage, collection, treatment, purchase or sale of refuse or scrap materials, including but not limited to wrecked or scrapped vehicles, rags, paper products, scrap metal, used appliances, scrap plumbing supplies or parts of any of the foregoing or similar property. Same ownership means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association. Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the high-water line on the beach. School means an elementary, middle, or high school, and exceptionalleaming center. Seasonal high water level means the elevation to which the ground or surface water can be expected to rise due to a normal wet season. Sediment and silt means solid material, both mineral and organic, that is in suspension and is usually being transported from its site of origin by air, water or mechanical means. Sediment basin means a temporary depression formed though construction of a barrier or dam by excavation, the purpose of which is to retard the movement of and trap sediment, silt and debris during construction or other land alteration activities. Sedimentation and siltation means the process by which mineral or organic matter is removed from its site of origin, transported and subsequently deposited by air, water or mechanical activities. Self-storage warehouse means a building used for the storage of personal property where individual owners control individual storage spaces. Setback means the required horizontal distance between a property line and a structure ef in the eveRt of a right of way line is interior to the property line, the setback is the horizoRtal distance between the right of 'Nay line and a structure. INSET: diagram DELETE ILLUSTRATION Setback, front means the setback between the front property line and a structure. I I I I I I I I I I I I I I I I I I I Setback, rear means the setback between the rear property line and a structure. Setback, side means the setback between the side property line and a structure. INSET: diagram Shade tree means a self-supporting, woody plant which normally grows to a minimum height of35 feet in the county, has a trunk which can be maintained with over eight feet of clear wood, and which is of a species having an average mature spread of cover greater than 25 feet. Shopping center means a group of two or more eommercial establisflments with an overall floor area of at least 25,000 square feet, managed as a unit. Shrubs means self-supporting, woody plants which normally attain a height of less than 15 feet at maturity in the County. Sidewalk sale means the temporary display and sale of goods outside of a building on public or private property in conjunction with the regular business of an establishment within a building. Sidewalk vendor means any person engaged in the selling, or offering for sale, of food, be~erages, merchandise or services for immediate delivery from a vendor stand or from his or her person which is not located in or, in association with a building. Sidewalk vendor stand means 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. Sign means any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product designed to convey information to the public and is visible from an abutting property. public right-of-way. or body of water . For the purpose of this development code the term "sign" shall include all structural members. A sign shall be construed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered a single sign. Sign, abandoned or obsolete conforming means any sign which no longer advertises a bona fide business activity conducted or product available, is no longer licensed, no longer has a certificate of occupancy, or is no longer doing business or maintaining a presence on the premises where the sign is displayed and such circumstances have continued for a period of30 days. Sign, animated means any sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn. Page 8 - 31 Sign, area or surface area means 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 from part of the sign proper or of the display. Unless otherwise indicated, area means area per sign face. Illuminated portions of a sign structure shall be 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 shall be considered part of the sign area. Sign, attached means any sign attached to, on, or supported by any part of a building (e.g. walls, mansard roof/wall, awning, windows, or canopy), which encloses or covers usable space. Sign, auxiliary freestanding means an additional freestanding sign allowed due to exceptional property frontage characteristics. Sign, banner means a sign backed by fabric, paper or similar material and attached to one or more poles, halyard, rope, wire, string, cord or similar device or to a building at one or more edges or by one or more corners, not including flags. Signs, bench signs means a bench upon which a sign is drawn, painted, printed, or otherwise affixed thereto. Sign, billboard means a non-point-of-sale sign which advertises a business, organization, event, person, place or thing. Sign, bulleU" bears meaRS a sigH. of permaRent character, btlt '.vith removable letters, wonis, aumerals or symbols, iadicatiag the names of persons associated ,:;ith, or e'lents conducted upon, or products or services off-cred upon, the premises upon whieh such a sign is maintained. Sign, changeable message means 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 shall include electronic reader boards and changing copy on billboard signs. Sign, construction means a temporary sign which identifies those involved in construction of any building or structure. Sign, directional means any permanent sign which 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. INSET: diagram Page 8 - 32 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Sign, dir-ectory/inferm61tien means any sign providing information primarily intended to direct persons to a tenant or service located or provided in a multi tenant building or property. INSET: diagram DELETE GRAHPIC Sign, double-faced means a sign which has two back to back display surfaces (not necessarily displaying the same copy) not more than 24 inches apart, with every point on each face being either in contact with the other face or in contact with the same background. Sign, exempt means any sign for which a permit is not required. (See Section 4-1002(B)) Sign face means 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. INSET: diagram Sign, freestanding means any sign supported by structures or supports that are permanently placed on or anchored in the ground and that are independent of any building or other structure. Signs on legally constructed perimeter and entry walls and fences are freestanding signs where such signs are located adjacent to a property or subdivision entrance. INSET: diagram Sign, gasoline price display means any sign which displays the prices of gasoline for sale. Sign. height means the vertical distance measured from ground level nearest the base of the sign to the highest point of the sign. Sign, holiday decoration means any display during a holiday season which shall be removed within ten days of the conclusion of the holiday. Sign, identification means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises. Sign, integral means any sign which specifies the name of a building, date of erection, monumental citations and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent construction and made an integral part of the building. Sign, maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear, weather or accident. Page 8 - 33 Page 8 - 34 I I I I I I I I I I I I I I I I Ii I I Sign, menu for drive-through establishments means any sign placed so as to be viewed from a drive-through lane and containing only a listing of products, with prices, offered for sale by the business. A menu sign may include a mechanism for ordering products while viewing the sign. Sign. monument meansa low-profile freestanding sign with a solid base on the ground of approximately the same dimension as the height of the sign or supported by a minimum of two columns and which is designed to incorporate design and building materials which compliment the architectural theme of the building(s) onthe premises. Sign, real estate means any sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed. Sign, sandwich board means any single or double faced A-FRAME sign which is portable and may readily be moved from place to place. This sign is generally freestanding and not affixed to the ground in any way, although some temporary type of attachment to the ground is occasionally used. INSET: diagram Sign, snipe means an off-premises sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects. Sign, subdivision means a sign which 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. Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported, or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure. Sign, temporary yard means a sign which is displayed for alimited period oftime, usually less than one year but not to exceed the time authorized by this development code for a particular temporary sign use. Sign, time and temperature means any sign whose only function is the display of information about current time and/or temperature. Sign, transit shelter means a sign affixed to a transit shelter which is erected pursuant to the requirements of Article 3 Division 22. Sign, vehicle means 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 I I I I I I I I I I I I I I I I I I I vehicular right-of-way for the basic purposes 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 a location prominently visible from a street right-of-way where there are other. less prominently visible parking spaces available on the site or 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 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. Sign, vending means a sign attached to newspaper and other product vending machines, telephones, gasoline pumps or similar machines and providing information regarding the product or service being dispensed. Sign, wall means a sign parallel to and placed either directly on or attached to the exterior wall of a building or structure. Sign, warning means 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. Sign, window means any sign placed inside or upon a window facing the outside and which is intended to be seen 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. Significant change in trip generation means a change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property exceeding ten percent more trip generation (either peak or daily) and 100 vehicles per day more than the existing use for all roads under local jurisdiction; or exceeding 25 percent more trip generation (either peak or daily) and 100 vehicles per day more than the existing use for all roads under state jurisdiction, as defined in 335.18, F.S. Social and community center means an association organized and operated on a nonprofit basis for persons who are bonafide dues paying members established for fraternal. social. educational. recreational or cultural enrichment of its members. Food. meals and beverages may be served on premise. Social/public service agency means a nonprofit organization whose primary purpose is to enhance the social welfare and improve the living conditions of society. Such uses include but are not limited to food pantries. counseling centers. rehabilitation clinics. etc. This does not include residential uses such as community residential homes. halfway houses. residential shelters. etc. Page 8 - 35 Page 8 - 36 I I I I I I I I I I I I I I I I I I I 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." Specified anatomical area means: (a) Less than completely or opaquely covered: I. 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. (b) Human male genitals in a discernible turgid state, even if completely and opaquely covered. 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. 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); I I I I I I I I I I I I I I I I I I I (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. Specimen tree means any tree which is determined 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 community development coordinator. Specimen tree stand means a contiguous grouping or cluster of trees which has been determined to be of high value 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; and (d) The aesthetic quality of the stand and so designated by the community development coordinator. Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), means substantial improvement, and means 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 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 of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Stealth technology means designed to blend into surrounding environment, such as telecommunication towers designed to look like trees. Street means a public or private thoroughfare which affords the principal means of vehicular movement and access to abutting property. Street, collector means a street that collects traffic from local streets and connects with minor and major arterials. Page 8 - 37 Street, local means a street designed to provide vehicular access to abutting property and to discourage through traffic. Street, major arterial means a street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from lesser classified streets. Street, minor arterial means 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. Street, neighborhood means a street that provides access to a local street or collector that will have very low traffic. Street, principal arterial means 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. INSET: diagram String of pennants means 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 comers, the remainder hanging loosely, to any wire, cord, string, rope, or similar device. The term includes but is not limited to pennants, streamers, spinners, ribbons, and tinsel. Structural alteration means any change in the supporting members of a building such as bearing walls or partitions; columns, beams or girders; or any structural change in the roof Structure means any object anchored to the ground, constructed or installed by humankind, including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings (Note: All buildings are structures, but, not all structures are buildings). Subdivision means any division or redivision of land into three 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 street means a street within a subdivision designed to provide access to those lots immediately adjacent to said street; (average daily traffic should not exceed 1,000 vehicle trips per day). Substantial enlargements or improvements means a ten percent increase in existing square footage or 50 percent increase in assessed valuation of the structure. Substantially affected person means any person or entity which will suffer to a greater degree than the general public an adverse effect to a legally recognized interest protected or furthered by this development code or the comprehensive plan. Page 8 - 38 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damages condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means: 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 if 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. F or 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 terms 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. Swale means a shallow channel, usually sodded and generally dry except during and immediately after a rainfall event, intended to transport runoff to a larger stormwater conveyance system. Swimming pool means any in-ground or above-ground tank or tub for swimming or wading, including hot tubs, spas, whirlpools, jacuzzis, and the like. Telecommunications tower means 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. Page 8 - 39 Page 8 - 40 I I I I I I I I I I I I I I I I I I I Temporary building means a building erected or placed as a nonpermanent installation designed to serve a temporary need related to construction, education or emergency housing purposes. Such temporary location or erection shall not exempt such building or structure from meeting all applicable requirements of the building code. Temporary retail sales and displays means any nonpermanent sales or displays which either exist along with the permanent or principal use of property, exist independent of the permancRt or priRcipal use of property, or are associated with the permanent or principal use. As used in this development code, the term "temporary retail sales and displays" shall include carnivals and similar temporary amusement projects and shall exclude residential development sales office, land sales offices, and garage and yard sales. Topping means utilizing inter-nodal cuts to remove the vertical leader stems on protected trees. Traffic impact study means the study described in Article 4 Division 8. Transit shelter means a structure designed to provide protection from wind, sun and rain, constructed in compliance with the requirements of Article 3 Division 22. Transitional zone means an area which is contiguous to and extends outward (away) from the side boundary lines of the primary and approach zones until the height limitations coincide with those of the horizontal zone. Tree means 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. Trip end means a one-way trip. TV/radio studio means a facility for the production and broadcast of radio and/or television programs. including such elements as offices. dressing rooms. broadcast and taping studios. file rooms. set storage and construction areas. receiving facilities and transmitting facilities operating on other than the commercial or public AM. FM. television or international shortwave broadcast frequencies for the purpose of relaying radio and/or television signals between the radio/TV studio and a radio/TV transmitter site or communications satellites. mobile broadcast units. microwave relay facilities or other such facilities. the use and accessibility of which are limited to the broadcast industry. Use means a purpose or activity for which land or a building thereon is designed, arranged or intended, or for which it is maintained. User (referring to a telecommunications tower) means any independent entity which is marketing a telecommunications service to retail customers in the city or providing a government service. I I I I I I I I I I I I I I I I I I I Utilities/infrastructure facility means an electric or gas substation, stormwater management facilities, water or wastewater pumping station, telephone repeater station or similar structure used as an intermediary switching, boosting, distribution or transfer station or lines for electricity, cable television, or telephone services between the point of generation and the end user, but not including satellite dish antennas, facilities for the handling of solid waste, or radio, television, or relay towers. Vehicle means any automobile, motorcycle, truck, motorized van, recreation vehicle, bicycle, or any other device on or in which any person or property is or may be transported upon a highway, except devices used exclusively on stationary rails or tracks. Vehicle service means an activity conducted entirely within an enclosed structure 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, and painting. Vehicle service. limited means an activity conducted within a structure which primarily involves the routine maintenance of automobiles. motorcycles. trucks. boats. and recreational vehicles. Limited vehicle service includes only washing. waxing. changing oiL detailing. and window tinting. Vehicle service, major means vehicle repairs which include engine repairs where the cylinder head, pan or exhaust manifold is removed; steam cleaning of engines; undercoating; vehicle spray painting; auto glass repair and replacement; repair and replacement of transmission, differential, transaxles, shaft and universal joints, wheel and steering linkages and assemblies; rebuilding and upholstering the interior of vehicles; customizing, restoration or rebuilding of vehicles; chassis, frame, body, fender and bumper molding, straightening, replacement and finishing; and repairs involving extensive welding, racing of engines or lengthy or overnight idling of engines. Vehicle sales/displays means a business or commercial activity involving the display and/or sale or rental of automobiles, small trucks and vans. boats no more than 20 feet in length and other small vehicular or transport mechanisms and including vehicle service. Vehicle sales/displays. limited means a business or commercial activity involving the display and/or sale or rental of bicycles. mopeds. and motorcycles and excluding service of such vehicles. Vehicle sales/displays, major means a business or commercial activity involving the display and/or sale or rental of boat and marine vessels, recreational vehicles, heavy equipment, mobile homes, and other vehicular or transport mechanisms and including vehicle service. Page 8 - 41 Page 8 - 42 I I I I I I I I I I I I I I I I I I I Vehicle, inoperative means a vehicle designed to be operated on the public street that is in a state of disrepair and incapable of being moved under its own power, or a vehicle that is incapable of being operated lawfully on the streets of the state. A metef vehicle shall be deemed inoperative if a current registration tag, also known as a license plate, of a kind required under state law as a condition of operation upon the public streets is not affixed thereto, or if one or more parts which are required for the operation of the vehicle are missing, were dismantled, are inoperative or are not attached to the vehicle as designed. Vested means having the right to develop or continue development notwithstanding the comprehensive plan or the provisions of this development code. Veterinary offices means a facility used by veterinarians to treat and examine animals, including accessory indoor boarding of animals. No outdoor kennels or animal runs are allowed. Violation of itinerant or transient nature means a violation that is likely to be temporary. short-lived. and portable in nature or capable of being repeated or that will by its nature dissipate or evidence of which will not be available at a later date. including but not limited to: placement of prohibited but movable signs: outdoor storage of debris capable of being moved: illegal temporary use of real property: and improper release of toxic substances. Violator means a person alleged to or who has been found to have violated a provision of the City Code which the special master or code enforcement board has jurisdiction to enforce. Visibility or sight triangle means the area of the comer lot closest to the intersection which is keep free of visual impairment to allow full view of both pedestrian and vehicular traffic. (Section 3-2) Volume to lot size ratio means the volume of the building (height times width times depth) divided by the lot size, measured in cubic feet for volume and square feet for lot. Waterfront property means that upland property, whether in one or more lots, parcels or ownerships, which combined abut the waterfront, including all waterways, canals and public open spaces on the Gulf of Mexico, Clearwater Harbor, Tampa Bay and Cooper's Bayou up to 660 feet in depth from the mean high tide or bulkhead line, and also abutting a public right-of-way landward of such property which runs approximately parallel to the mean high tide line or bulkhead line and which is within 660 feet of such mean high tide or bulkhead line. Wetlands means 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. Wholesale or distribution or warehouse facility means a use where goods are received and/or stored for delivery to the ultimate customer at remote locations.