PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE ORDINANCE NO. 6526-00 2ND READING
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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
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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.
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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
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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).
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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
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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
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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
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Ordinance No. 6526-00
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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.
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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;
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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.
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E.
F.
c.
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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.
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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")
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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:
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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.
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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;
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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
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(!) 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;
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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.
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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;
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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;
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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.
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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.
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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.)
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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.
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(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;
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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;
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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
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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;
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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;
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6.
All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure;
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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.
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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.
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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.
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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.
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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:
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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.
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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:
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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
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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
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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;
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B.
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;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.
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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
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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
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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:
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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
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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.
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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
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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
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(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.
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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
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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.
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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;
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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
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(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;
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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
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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
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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
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/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
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* 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.
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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;
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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.
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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;
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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.
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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.
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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;
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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;
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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.)
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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
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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.
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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;
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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.
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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.
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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;
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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.
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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;
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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.
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6.
Rear setback:
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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.
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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;
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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.
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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:
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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.
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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.
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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:
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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
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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.
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Page 2 - 84
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(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;
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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.
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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.
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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:
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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.
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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.
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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;
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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.
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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.
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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;
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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;
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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
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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
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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;
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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;
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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;
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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;
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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
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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;
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4.
5.
d. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance;
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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.
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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;
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4.
2.
Height: The increased height results in an improved site plan and/or improved
design and appearance;
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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;
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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;
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Page 2 - 106
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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
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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
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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.
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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;
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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;
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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;
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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;
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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;
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Page 2 - 114
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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;
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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;
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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;
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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;
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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.
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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
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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;
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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
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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;
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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.
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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
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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
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* 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.
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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;
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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
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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:
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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
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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
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(;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
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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;
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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
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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
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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:':~::/:~
,
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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;
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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
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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
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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
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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
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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
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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.
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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.
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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.
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2.
3.
K.
1.
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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;
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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.
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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
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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;
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Page 2 - 162
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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.
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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
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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
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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.
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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;
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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;
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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;
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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;
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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.
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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.
*
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(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;
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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;
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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
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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
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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;
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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
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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:
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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;
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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.
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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
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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.
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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
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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
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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
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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:
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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.
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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:
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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.
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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
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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.
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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
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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.
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12. It is desirable in the prevention of the spread of communicable diseases and in the
investigation of criminal activity to obtain a limited amount of information
regarding certain employees who either engage in the conduct that this ordinance
is 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
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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
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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.
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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
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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
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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);
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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..
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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:
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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
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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
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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:
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[~
SETMQ;.
1 WATER
r .-.- --.-.-.- -:- -.-.,
:~.
.
SlJ:Ucruu
.
.
.
,
:
--------------t----
: NO FENCE ()I;:
: WALL I"EnllTm)
1.
On property adioining water:
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SEAWALL 1 WATEJ:
r--------.---.-----
36' NON-()PAGlLIE FENCE f"ERMnTEO -.-1
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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:
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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:
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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.
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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.
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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.
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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
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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;
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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
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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
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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
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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.
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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.
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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
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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;
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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
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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.
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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;
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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:
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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.
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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.
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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.
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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.
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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.
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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
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M.
N.
O.
yard sale is to be conducted only on the date or dates on which the garage or yard
sale is conducted.
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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
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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.
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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.
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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.
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6.
Attached signs. The following signs shall be permitted in all non-residential
districts:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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).
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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,
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(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.
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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.
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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.
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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
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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:
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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:
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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+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:
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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:
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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
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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.
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B.
Application.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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:
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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;
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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;
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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:
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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."
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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.
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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
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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."
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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);
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(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.
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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.
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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.
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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.
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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.
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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.