COMMUNITY DEVELOPMENT CODE (EXCERPTS)
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COMMUNITY DEVELOPMENT CODE
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7. N ewsracks and modular newsracks shall
be of uniform material and where located
on public property shall be finished with
muted, earthtone and uniform. color.
D. Construction requirements. All types of
newsracks must be appropriately anchored or
secured from potential hazards, in accordance
with current engineering standards, and may be
anchored to any concrete pad located in the public
right-of-way provided all other provisions are
met.
E. Additional requirements for newsrack and
modular newsracks in the tourist and downtown
districts and scenic corridors. All types of newsracks
located in the tourist and downtown districts
shall be subject to the applicable adopted design
guidelines governing Clearwater Beach and Down-
town. The community development coordinator
may extend the allowable length and height of
modular newsracks (in the tourist and downtown
districts only), provided the newsracks are com-
patible in terms of location, height and length
with the surrounding environment.
(Ord. No. 6526-00, ~ 1,6-15-00; Ord. No. 6795-01,
* 2, 7-12-01)
Section 3-910. Color.
No building shall be painted or otherwise fin-
ished 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 a subdi-
vision, all utilities including individual distribu-
tion 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.
(Ord. No. 6928-02, ~ 50, 5-2-02)
Supp, No, 12
Section 3-913. General standards for Level
One and Level '!\vo approv-
als.
A. Level One applications, in order to be ap-
proved by the community development coordina-
tor, and Level Two Rnnlications. in order to be
approved by the community development board,
shall meet each and every one of the following
criteria:
1. The proposed development of the land
will be in harmony with the scale, bulk,
coverage, density, and character of adja-
cent properties in which it is locatecr--
2. The proposed development will not hinder
or discourage the appropriate develop-
ment and use of adjacent land and build-
ings or significantly impair the value
thereof.
3. The proposed development will not ad-
versely affect the health or safety or per-
sons residing or working in the neighbor-
hood 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 .im;
mediate vicinit,y of the parcel proposed for
development.
6. The design of the proposed development
minimizes adverse effects, including vi-
sual, 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.
(Ord. No. 7413-05, ~ 18, 5-5-05)
Section 3-914. Stormwater detention facili-
ties.
A. Stormwater facilities required for attenua..
tion purposes by the adopted standards and spec-
ifications (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
CD3:34
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DEFINITIONS AND RULES OF CONSTRUCTION
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 in-
tended to abrogate any easement, cove-
nant~ deed restriction or other private
agreement; however, where the regula-
tions of this development code are more
restrictive or impose higher standards or
requirements than such easement, cove-
nant, deed restriction or other private
agreement, the requirements of this de-
velopment code shall govern.
C. In the event ofa 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 re-
strictive provisions shall apply.
E. The words "shall," "must," and "will," are
mandatory in nature, implying an obliga-
tion 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 in-
clude 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."
J. The word "lot" shall include the
"plot," "parcel," "site," or "tract" of 1
K. The word "herein" means "this dev lop-
ment code."
Supp, No, 6
~ 8-102
L. Any act authorized by this development
code to be carried out by a specific official
or agency of the city is impliedly autho-
rized 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 com-
mon dictionary definition.
O. Any reference to Florida Statutes or Flor-
ida Administrative Code shall be con-
strued 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 struc-
ture that is deserted by the owner and left WlSe-
cured 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 vehi-
cle 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 :y t the
consent of the owner, lessee or occupant the f
fi er an two hours.
Abutting property means property which is
contiguous to the parcel proposed for develop-
ment or contiguous to property which is owned by
the applicant and/or an affiliated entity of the
applicant which is contiguous to the parcel pro-
posed for development.
CD8:3
v
~ 2-402
COMMUNITY DEVELOPMENT CODE
Section 2-402. Minimum standard develop-
ment,
The following uses are Level One permitted
uses in the MHDR District subject to the mini-
mum standards set out in this Section and other
applicable provisions of Article 3.
Table 2-402. "MHDR" Minimum Standard Development
Min. Lot Area Min. Lot Max. Height Min. Off-Street
Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear(1)
Attached Dwellings 15,000 150 25 10 15 30 1.5/unit
Community Residential Homes (6 or 5,000 50 25 10 15 30 1.5/unit
fewer residents)
Detached Dwellings 15,000 150 25 10 15 30 1.5/unit
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any
seawall.
Supp, No, 12
CD2:26
tf
~ 2-403
COMMUNITY DEVELOPMENT CODE
Section 2-403. Flexible standard develop-
ment,
The following Level One uses are permitted in
the MHDR District subject to the standards and
criteria set out in this section and other applica-
ble regulations in Article 3.
Table 2.403, "MHDR" Flexible Standard Deuelopment
Min, Lot Area Min. Lot Max, Height Min. Off-Street
Use (sq, ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear(l)
Assisted Living Facilities 15,000 150 25 10 15 30-40 1/1000 sq, ft,
Attached Dwellings 15,000 150 25 10 10-15 30-50 L5/unit
Community Residential Homes (up to 5,000 50 15-25 5-10 5-15 30-40 1 per 2 resi..
14 residents) dents
Detached Dwellings 5,000- 50- 25 5-10 5-15 30-40 L5/unit
15,000 150
Nursing Homes 15,000 150 25 10 15 30-40 1/1,000 sq. ft.
Overnight Accommodations 15,000 150 25 10 15 30-40 1/unit
Schools 40,000 200 25 10 15 30-40 1/3 students
Utility/Infrastructure Facilities(2) n/a n/a 25 10 15 n/a n/a
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any
seawall.
(2) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to
contiguous like uses which exceed three acres shall require a land use plan map amendment to
Transportation/Utility which shall include such uses and all contiguous like uses.
Flexibility Criteria:
A. Assisted living facilities.
1. The buildings in which the facilities are to
be located do not have a flat roof;
2, Off-street parking is screened from adja-
cent parcels of land and any adjacent
street by a landscaped wall or fence of at
least four feet in height;
3. 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 pro-
gram;
4. All outdoor lighting is designed and lo-
cated so that no light fixtures cast light
directly on to adjacent land used for resi-
dential purposes;
Supp, No, 8
CD2:28
5. All waste disposal containers which serve
the proposed use are located within a
landscaped enclosed structure;
6. 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 im-
proved parcels of land which are located
within the Neighborhood Conservation 1m..
mediate Vicinity Area and the height does
not exceed 120 percent of the average
height of buildings and structures located
within the Neighborhood Conservation Im-
mediate Vicinity Area,
7. Height:
a, The increased height results in an
improved site plan, landscaping ar..
'6-
ZONING DISTRICTS
2. All 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;
3. All outdoor lighting is designed and lo-
cated 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 ar-
eas in excess of the required mini-
mum 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 Zon-
ing Atlas.
~ 2-404
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.
(Ord. No. 6526-00, ~ 1, 6-15-00)
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
Min. Lot Area Min. Lot Max. Height Min. O{f,Street
Use (sq. ft.) Width (ft.) Min, Setbacks (ft.) (ft.) Parking
Front Side Rear(1)
Attached Dwellings 15,000 150 15-25 0-10 10-15 30-50 L5/unit
Congregate Care 15,000 150 25 10 15 30 1 per 2 resi-
dents
Non-Residential Off-Street Parking(2) nla nla 25 5 10 nla nla
Overnight Accommodations 15,000 150 15-25 0-10 10-15 30 l/unit
1 per 20,000 SF
land area or as
determined by
the community
Parks and recreation facilities nla nla 35 20 25 30 development
coordinator
based on the
ITE Manual
standards
Residential Infill Projects(3) nla n/a 10-25 0-10 0-15 30 l/nnit
Residential Shelters 15,000 150 25 10 15 30 2/1,000 GFA
(1) The BUlldmg Code may reqUIre the rear setback on a waterfront lot to be at least 18 feet from a
seawall.
(2) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to
contiguous like uses which exceed three acres shall require a land use plan map amendment to
the appropriate land use category.
(3) The development standards for residential infill projects are guidelines and may be varied based
on the criteria specified in Section 2-404(F).
Supp, No, 2
?
CD2:31
~ 2,404
COMMUNITY DEVELOPMENT CODE
Flexibility criteria:
A. Attached dwellings.
1. Side and rear setback:
a. The reduction in side and rear set-
back does not prevent access to the
rear of any building by emergency
vehicles;
b. The reduction in side and rear set-
back 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 ar-
eas in excess of the minimum re-
quired 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 desig-
nated as low density residential in
the Zoning Atlas.
3. The parcel proposed for development is
not contiguous to a parcel ofland which is
designated as low density residential in
the Zoning Atlas;
4. Off..street parking is screened from adja..
cent 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 en-
closed 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 struc..
tures in the neighborhood have been
constructed to a regular or uniform
set back from the right of way.
Supp, No, 2
c. The reduction in front setback will
not adversely affect adjacent prop-
erty values.
B. Congregate care.
1. The building in which the use is to be
located does not have a flat roof;
2. Off-street parking is screened from adja-
cent parcels of land and any adjacent
street by a landscaped wall or fence of at
least four feet in height;
3. All outdoor lighting is designed and lo-
cated so that light fixtures do not cast
light directly on to adjacent land used for
residential purposes;
4. All waste disposal containers which serve
the proposed use are located within a
landscaped enclosed structure.
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 develop-
ment is located immediately across a pub-
lic 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 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
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 four feet in
height which is landscaped on the exter..
nal side with a continuous hedge or non..
deciduous vine.
7
CD2:32