7631-06
ORDINANCE NO. 7631-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-406, TO AMEND THE CRITERIA FOR MAKING
CHANGES TO LEVEL TWO DEVELOPMENT APPROVALS; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-604, ANNEXATION APPLICATIONS/PETITIONS REVIEW
PROCEDURE, BY REMOVING THE COMMUNITY DEVELOPMENT BOARD
REVIEW; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-
703, TO REDUCE THE PARKING SPACE REQUIREMENT FOR OUTDOOR
RETAIL SALES, DISPLAY AND/OR STORAGE; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1402, ADDING A NEW SECTION
3-1402.J TO ADDRESS "DEAD-END" PARKING BAYS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1406, OFF-STREET
LOADING AND VEHICLE STACKING DISTANCES, TO PROVIDE MORE
COMPREHENSIVE LOADING REQUIREMENTS; AND AMENDING ARTICLE
3, DEVELOPMENT STANDARDS, SECTION 3-1410, TO REMOVE AN
OUTDATED REFERENCE TO THE STATE ADMINISTRATIVE CODE AND
TO IMPROVE CLARITY OF TEXT; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2103, TEMPORARY USES, TO
ALLOW RELIGIOUS REVIVALS OR ASSEMBLIES IN THE INSTITUTIONAL
ZONING DISTRICT; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1409, HANDICAPPED PARKING SPACES, TO
PROVIDE FOR CONSISTENCY WITH ADA ACCESSIBILITY GUIDELINES
FOR BUILDINGS AND FACILITIES; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTIONS 2-704, COMMERCIAL DISTRICT, AND 2-1004,
OFFICE DISTRICT, TO PROVIDE A RESIDENTIAL PARKING
REQUIREMENT FOR MIXED USE DEVELOPMENT; AND AMENDING
ARTICLE 2, ZONING DISTRICTS, SECTION 2- 1202, TO CHANGE THE
PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITIES,
CONGREGATE CARE, AND NURSING HOMES; AND AMENDING ARTICLE
2, ZONING DISTRICTS, SECTION 2- 1203, TO CHANGE THE PARKING
REQUIREMENT FOR NURSING HOMES, AND TO INCREASE AND MAKE
CONSISTENT THE MAXIMUM HEIGHT REQUIREMENT FOR ASSISTED
LIVING FACILITIES, NURSING HOMES, AND CONGREGATE CARE; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 1204, TO
INCREASE AND MAKE CONSISTENT THE MAXIMUM HEIGHT
REQUIREMENT FOR SOCIAL AND COMMUNITY CENTERS, AND
SOCIAL/PUBLIC SERVICE AGENCIES; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-902, DOWNTOWN DISTRICT, TO
CHANGE THE HEADING "FLEXIBILITY STANDARDS" TO "FLEXIBILITY
CRITERIA"; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
Ordinance No. 7631-06
SECTION 3-1402.E., TO MODIFY PARKING LIMITATIONS WITHIN
EASEMENTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1202.D.1, PERIMETER LANDSCAPING REQUIREMENTS
TABLE, TO PROVIDE CONSISTENT REFERENCES AND TO UPDATE THE
BUFFER REQUIREMENTS BETWEEN LAND USES; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1904.B., STREET
CLASSIFICATION TABLE, TO CLARIFY CITY REQUIREMENTS; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-
1807.B.1. TO STRIKE CERTAIN TEXT, REMOVING THE REFERENCE TO
MONUMENT SIGNS; AND AMENDING ARTICLE 8, DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING
THE DEFINITION OF SIGN, MONUMENT; AND AMENDING ARTICLE 2,
ZONING DISRICTS, SECTIONS 2-102 AND 2-202 TO AMEND EXISTING
DIAGRAM LABELS; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-807.C TO MAKE CONSISTENT THE
APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, TABLE 2-803, TOURIST
DISTRICT FLEXIBLE DEVELOPMENT STANDARDS, BY REVISING
MINIMUM OFF-STREET PARKING REQUIREMENTS FOR
COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS; CERTIFYING
CONSISTENCY WITH THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; 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 of the new zoning
districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and
Flexible levels of review, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 4, Section 4-406, Changes to Level Two development approvals,
is amended as follows:
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:
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Ordinance No. 7631-06
1. Does not alter the location of any private street and/or driveway by more than
20 feet result in conflicts in on-site circulation and/or neaative impacts with
inaress/earess.
***********
Section 2. Article 4, Section 4-604, Application/petition is amended as follows:
A. Purpose and applicability. The city commission council 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(eE) and
the following:
1. A signed and s~orn disclosure-of-interest statement.
2. If development is to be initiated prior to the effective date of the annexation 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
procedures of section 1 202(C) and (0) and the standards in section 4-604~~ and submit a
recommendation on the proposed annexation to the community development board citv
council.
O. CommunIty ckJ'loJopmont board. The community development and redevelopment board
shall conduct a public hearing in accordance 'l:ith the procedures of section 1 206 and shall
consider the recommendation of the community de':elopment coordinator, the testimony at the
public hearing and the standards in section 1 601 (F) and submit a recommendation on the
proposed annexation to the city commission.
E,-O. City oommission council decision. The city commission council shall consider the
recommendation of the community development 00afG coordinator 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 council 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.
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Ordinance No. 7631-06
~E. 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-:-F. Impact fees. The annexation of property by the city commission council shall not be effective
until the owner of the property to be annexed has paid applicable impact fees to the city.
Section 3. Article 2, Section 2-703, Table 2-703 is amended as follows:
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.
Table 2-703. "C" District Flexible Standard Development Standard~
Min. Lot Min. Max. Min. Min. Min. Min. Off-
Use Area Lot Height Front Side Rear Street
Width (ft.)* (ft.) (ft.) Parking
(sq. ft.) (ft.) (ft.) Spaces
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per
unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000
GFA
Automobile Service 10,000 100 25 25 10 20 5/1,000 SF
Stations GFA
Educational Facilities 40,000 200 25 25 10 20 1 per 2
students
25-- 4 spaces
Governmental Uses(1) 10,000 100 50 25 10 20 per 1,000
GFA
Indoor 5,000-- 50-- 25 25 10 20 3--5/1000
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Ordinance No. 7631-06
Recreation/E ntertai n ment 10,000 100 SF GFA or
3--5/Iane,
1--2/court
or
1/machine
Medical Clinics 10,000 100 25 25 10 20 2--3/1,000
GFA
1 0 per
Nightclubs 10,000 100 25 25 10 20 1,000 GFA
5,000-- 50-- 25-- 0-- 10-- 3--4 spaces
Offices 10,000 100 50 25 10 20 per 1,000
GFA
Off-Street Parking 10,000 100 n/a 25 10 20 n/a
10 per
1,000 of
land area
Outdoor Retail Sales, 20,000 100 25 25 10 20 ~
Display and/or Storage 1.000 sf of
outdoor
displav
area
Overnight Accommodations 20,000-- 150-- 25-- 25 0-- 10-- 1 per unit
40,000 200 50 10 20
Places of Worship(2) 20,000-- 1 00-- 25-- 25 10 20 .5-1 per 2
40,000 200 50 . seats
Public Transportation n/a n/a 10 n/a n/a n/a n/a
F acilities(3)
7--15
Restaurants 5,000-- 50-- 25-- 25 0-- 10-- spaces per
10,000 100 35 10 20 1,000 GFA
5,000-- 50-- 25-35 0-- 10-- 4--5 spaces
Retail Sales and Services 10,000 100 25 10 20 per 1,000
GFA
Social and Community 3,500-- 35-- 25-- 0-- 10-- 4--5 spaces
Centers 10,000 100 35 25 10 20 per 1,000
GFA
Utility II nfrastructu re n/a n/a 20 25 10 20 n/a
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Ordinance No. 7631-06
Facilities(4)
2.5 spaces
Vehicle Sales/Displays 20,000-- 150-- 25 25 10 20 per 1,000
40,000 200 of lot sales
area
Veterinary Offices or Animal 4 spaces
10,000 100 25 25 10 20 per 1,000
Grooming and Boarding GFA
***********
Section 4. Article 3, Development Standards, Section 3-1402, Design standards for
parking lots, is amended as follows:
Section 3-1402. Design standards for parking lots and parking garages.
***********
E. Required off-street parking spaces shall not be located within any right-of-way easement
or within tRe g drainage and/or utility easement abutting U.S. High'Nay 1 Q any public riaht-
of-way.
***********
J. Dead-end parkina aisles:
1. Dead-end parkina aisles are discouraaed. but when site conditions
dictate that there be dead-end parkina aisles. they shall be desianed so that
there is a back-out maneuverina area at the end of the aisle. This maneuverina
area shall not encroach upon any reauired landscape areas.
***********
Section 5. Article 3, Development Standards, Section 3-1406, Off-street loading
and vehicle stacking spaces, is amended as follows:
Section 3-1406. Off-street loading and vehicle stacking distances.
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Ordinance No. 7631-06
/\. Design. Offstreet loading spaces shall measure not less than 12 feet in width and 35
feet in length, exclusive of aisle and maneu'.'ering 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. Sehedule. .^.ny use identified below shall provide off street loading in all districts except
the D and T districts, as specified:
1. Offioes: One loading space shall be provided for each such building, for more than
6,000 square feet of gross floor space.
2. Commeroi31 or industri31 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 follO'.\'ing table:
Total Gross Floor
AFea
(in squ3re feet)
5,000 to 15,000
Over 15,000 to 50,000
Over 50,000 to
100,000
Each additional
100,000
Loading
Spaoes
4-
2
3
1 additional
3. Drive through faoiJities.
a. For restaurants: Drive through facilities for restaurants shall be provided with
sufficient stacking space to accommodate eight '/ehicles.
b. For banks: Drive through facilities for banks shall be pro'/ided with stacking
spaces in accordance with the following table:
Number of Vehio!e
Standing Sp300S
4-
2
3
Each additional
Drive through
L3nos
8
-1-2
-1-8
2 additional
C. Exceptions. Exceptions to these loading requirements may be permitted pursuant to the
Level 1 (flexible standard) approval process based on the size of the site and the timing and
frequency of deliveries.
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Ordinance No. 7631-06
A. Off-street loadina:
1. Oesian: Off-street loadino spaces shall measure not less than 12 feet in width and 35
feet in lenoth. exclusive of aisle and maneuverino space. and shall have a vertical
clearance of at least 14 feet. Off-street loadino shall be strateoicallv located as near as
possible to a service entrance and desioned to accommodate all vehicles onsite without
obstructino aisles or parkino spaces.
2. Guidelines: The followino table sets forth the ouidelines to be used in determinino the
adeQuacy of off-street loadino for all proposed development. except for such development
within the Downtown (D) and Tourist (T) districts where such facilities are not reQuired:
Use or
Cateaorv:
Use Gross Floor Area (in square feet)
or Units
Loadina Spaces
Required
Industrial
5.000 - 15.000 SQ. ft.
15.001 - 50.000 SQ. ft.
50.001 - 100.000 SQ. ft.
Each additional 1 00.000 SQ. ft.
One space
Two spaces
Three spaces
One additional space
Offices
8.000 - 20.000 SQ. ft.
20.001 - 100.000 SQ. ft.
More than 100.000 SQ. ft.
One space
Two spaces
Three spaces
Overnioht
Accommodations
not associated with
restaurants.
meetino I
conference rooms
or other similar
facility
N/A
None
Overnioht
Accommodations
associated with
restaurants.
meetino I
conference rooms
or other similar
facility
N/A
One space
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Ordinance No. 7631-06
Retail Sales and
Service, and
Restaurants
6.000 - 20.000 SQ. ft.
20,001 - 100,000 SQ. ft.
Each additional 50,000 SQ. ft.
One space
Two spaces
One additional space
3. Exceptions: Exceptions to the above loadino requirements may be permitted. pursuant
to the processino and approval of a Level 1 (Flexible Standard) or Level 2 (Flexible
Development) application, and based upon the size of the site and the timino and
frequency of deliveries.
B. Stackina spaces: Provisions must be made for stackino and transition of incomino traffic
from a public street. such that traffic may not back-up into the public street system.
1. The minimum distance between a state rioht-of-way and the first parkino space or
aisleway in a parkino lot shall be as set forth in the Florida Department of Transportation
(FDOT) Driveway Handbook.
2. The minimum distance between all other riohts-of-way and the first parkino space or
aisleway in a parkino lot shall be as outlined in the followino table:
Number of Spaces
Minimum Stackina
Distance
20 feet
40 feet
50 or fewer
51 or more
3. Provisions shall be made to provide for 40 feet of clear stackino in advance of all
ouardhouses or security oates.
4. Drive-thru facilities for restaurants shall provide sufficient stackino distance to
accommodate eioht vehicles as measured from the first point of transaction.
5. Drive-thru facilities for banks shall provide sufficient stackino spaces as measured
from the first point of transaction in accordance with the followina table:
Total Number of
Required Vehicle
Stackino Spaces
Number of Proposed
Drive- Thru Lanes
One
Two
Three
Each Additional Lane
!!
12
~
2 Additional Spaces
6. Additional stackino may be required as a condition of site plan approval. The lenoth of
the stackino area may be reduced when supported by a traffic study.
***********
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Ordinance No. 7631-06
Section 6. Article 3, Development Standards, Section 3-1410, Conformance to
uniform system of parking lot design and traffic control devices, is amended as follows:
Section 3-1410. 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 ':/ith parking lots that do not provide intersecting lanes of traffic and businesses
having fewer than 25 parking spaces are exempt from the pro'Jisions of this section. (Ord.
No. 6526 00, ~ 1,6 1500)
A. For parkino facilities containino 25 or more parkino spaces. all aisles. approach lanes.
and maneuverino areas shall be clearly marked with directional arrows and lines as
approved by the City Enoineer. The City Enoineer may require additional sionaoe to insure
the smooth and safe flow of traffic.
B. Except as noted above. the installation and maintenance of uniform traffic control
devices shall be required for all development and redevelopment pursuant to the standards
set forth in the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the
Department of Transportation under Rule 14-15.010. Florida Administrative Code.
***********
Section 7. Article 3, Development Standards, Section 3-2103, is amended as
follows:
***********
ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Temporary Use Maximum Cumulative Permitted Districts
Allowable Time Period
for Each Separate Use
(per site per calendar
year or absolute time
limitation, as aoolicable)
Block and neighborhood 2 days All residential districts
oarties
Circuses or carnivals 14 davs C, IRT, and I
Contractors office and/or During construction All districts
construction sheds period only while
buildina oermit is valid
Evangelical and religious 7 days C, D, T, ! and IRT
revivals or assemblies
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Ordinance No. 7631-06
Garage, yard or estate No more than 2 times All residential districts
sales per property within one
year; no longer than 3
days each
Sales for: Christmas tree 45 days All non-residential
and pumpkin sales and zoning districts
other seasonal sales
Other temporary 7 days, except 14 days All nonresidential
recreational or for annual events districts
entertainment events approved by the special
events committee
Outdoor bazaars, 2 days C, I and D
cookouts, special fund
raising sales and/or
similar activities
Sidewalk sales 7 days in conjunction T and D
with a special event
Temporary commercial The period of time All districts
parking lots during which the
temporary use the
parking serves is
authorized
Temporary relocation 18 months (unless Within a designated area
tents or mobile homes authorized longer by
for displaced persons commission resolution)
Temporary real estate 24 months All districts
sales office or model
home
Temporary retail sales 7 days (not more than 4 T, C and D
and displavs times per year)
Portable storage units Residentially zoned All districts
property: Four days, not
more than four times a
year. Non-residentially
zoned property: 30 days,
not more than four times
a year or for the duration
of an active construction
permit. Refer to Sections
3-2103(8)(3) and
2103(C)(2) for additional
requirements.
***********
Section 8.
follows:
Article 3, Development Standards, Section 3-1409, is amended as
Section 3-1409. 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
8paees Required Total Spaces Required
Number of
Handicapped
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Ordinance No. 7631-06
in Parkin~ Lot Spaces
1--25 1
26--50 2
51--75 3
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
***********
Section 9. Article 2, Zoning Districts, Section 2-704., is amended as follows:
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. "C" District Flexible Development Standards
Min. Min. Min. Min. Min.
Lot Lot Max. Front Side Rear Min. Off-
Use Area Width Height (ft.) (ft.) (ft.) Street
(sq. (ft.) Parking
ft.) (ft.)
Alcoholic Beverage Sales 5,000-- 50-- 15-- 0-- 10-- 5 per 1,000
10,000 25
100 25 10 20 GFA
Comprehensive Determined
Infill Redevelopment n/a n/a n/a n/a n/a n/a by the
Project(1 ) community
12
Ordinance No. 7631-06
development
coordinator
based on the
specific use
and/or ITE
Manual
standards
Indoor 3--5/1000 SF
3,500-- GFA or 3--
Recreation/Entertainment 10,000 30-- 25--50 15-- 0-- 10--
100 25 10 20 5/1ane, 1--
2/court or
I/machine
5,000-- 50-- 15-- 0-- 10-- 4--5 spaces
Light Assembly 10,000
100 25 25 10 per 1,000
20 GFA
5,000-- 50-- 15-- 0-- 10-- 4--5 spaces
Limited Vehicle Service 10,000 25 per 1,000
100 25 10 20
GFA
5,000--
Marina Facilities 20,000 50 25 25 10 20 1 space per 2
slips
4--5 spaces
5,000-- 50-- per 1,000
Mixed Use 10,000 25--50 15-- 0-- 10-- GFA and 2
100 25 10 20 spaces per
residential
unit
5,000-- 50-- 15-- 0-- 10--
Nightclubs 10,000 25 10 per 1,000
100 25 10 20 GFA
3,500-- 30-- 25--50 15-- 0-- 10-- 3--4 spaces
Offices 10,000
100 25 10 20 per 1,000
GFA
Off-Street Parking 10,000 100 n/a 15-- 0-- 10--
25 10 20 n/a
1--10 per
Outdoor 1,000 SQ FT
Recreation/Entertainment 20,000 100 25 15-- 10 10-- of land area
25 20 or as
determined
by the
13
Ordinance No. 7631-06
community
development
coordinator
based on ITE
Manual
standards
20,000-
Overnight - 1 00-- 25--50 15-- 0-- 10-- 1 per unit
Accommodations 40,000 200 25 10 20
15-- 10-- 5 spaces per
Problematic Uses 5,000 50 25 25 10 20 1,000 SF
GFA
3,500-- 35-- 25--50 15-- 0-- 10-- 7--15 spaces
Restaurants 10,000 100 25 10 20 per 1,000
GFA
Retail Sales and Services 3,500-- 30-- 25--50 15-- 0-- 10-- 4--5 spaces
10,000 100 25 10 20 per 1,000
GFA
RV Parks 40,000 200 25 15-- 20 10-- 1 space per
25 20 R V space
1 per 20 units
Self Storage 20,000 100 25 15-- 10 10-- plus 2 for
25 20 manager's
office
SociallPublic Service 5,000-- 50-- 25--50 15-- 0-- 10-- 3--4 spaces
Agencies(2) 10,000 100 25 10 20 per 1,000
GFA
Refer
Telecommunication 10,000 to
100 section 25 10 20 n/a
Towers 3-
2001
10,000- 2.5 spaces per
- 1 00-- 15-- 10--
Vehicle Sales/Displays 40,000 200 25 25 10 20 1,000 SQ FT
of lot area
Veterinary Offices or 5,000-- 50-- 15-- 0-- 10-- 4 spaces per
Grooming and Boarding 10,000 100 25 25 10 20 1,000 GFA
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Ordinance No. 7631-06
***********
Section 10. Article 2, Zoning Districts, Section 2-1004, is amended as follows:
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
Min. Min.
Lot Lot Max. Min. Off-Street
Use Area Width Height Min. Setbacks (ft.) Parking
(sq. ft.) (ft.) (ft.)
Front Side Rear
Accessory n/a n/a n/a n/a n/a n/a l/unit
Dwellings
Determined by
the community
Comprehensive development
Infill n/a n/a n/a n/a n/a n/a director based
Redevelopment on the specific
Project(1) use and! or ITE
Manual
standards
Medical Clinic 20,000 100 30--50 15-- 10-- 10-- 5/1,000 GF A
35 20 20
30--80 15-- 10-- 10-- 2--3/1,000 GFA
Mixed Use 3,500 50 35 20 20 and 2 spaces per
residential unit
Nursing Homes 20,000 100 30--50 15-- 10-- 10-- 1 per 2
35 20 20 residents
Offices 3,500 50 30--80 15-- 10-- 10-- 2--3/1,000
35 20 20 GFA
Restaurant n/a n/a n/a n/a n/a n/a n/a
Retail Sales and n/a n/a n/a n/a n/a n/a n/a
Service
15
Ordinance No. 7631-06
Refer to
Telecommunication 10,000 100 Section 25 10 20 n/a
Towers 3-2001
20,000-
TV Radio Studios - 1 00-- 35--80 15-- 10-- 10-- 3--5/1,000
40,000 200 35 20 20 GFA
***********
Section 11. Article 2, Zoning Districts, Section 2-1202, is amended as follows:
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
Min. Lot Min. Max.
Iuse iArea Lot Min. Setbacks (ft.) Height Min. Off-Street
Width Parking
(sq. ft.) ft.) (ft.)
Front Side Rear
Assisted Living 20,000 100 25 10 20 50 1 per 1000, SF GF}..
Facilities 1 per 2 residents
Cemeteries 20,000 100 25 10 20 50 n/a
Congregate 20,000 100 25 10 20 50 1 per 1000, SF GFA
Care 1 per 2 residents
Educational 40,000 200 25 10 20 50 1 per 2 students
Facilities
Governmental 20,000 100 25 10 20 50 4 per 1,000 SF GFA
Uses
Hospitals 5 acres 250 25 25 25 50 2/bed
Nursing 20,000 100 25 10 20 50 1 per 1000, SF GF}..
Homes 1 per 2 residents
Places of 20,000 100 25 10 20 50 1 per 2 seats
16
Ordinance No. 7631-06
Worship
1 per 20,000 SF land
area or as determined
Parks and by the community
Recreation n/a n/a 25 10 20 50 development
Facilities coordinator based on
ITE Manual standards
Schools 40,000 200 25 10 20 50 1 per 3 students
***********
Section 12. Article 2, Zoning Districts, Section 2-1203, is amended as follows:
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
Min. Lot Min. Max. Min. Off-
Use k\,.rea Lot Min. Setbacks (ft.) Height Street
Width
(sq. ft.) ft.) (ft.) Parking
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a l/unit
Airport n/a n/a n/a n/a n/a n/a n/a
Educational Facilities 40,000 200 15-- 10 15-- 50 .5--1 per 2
25 20 students
Halfway Houses 10,000 100 15-- 10 15-- 30 1 per 2
25 20 residents
100-
Hospitals 1--5 - 15-- 10-- 15-- 50 1-- 2/bed
acres 250 25 25 25
Medical Clinic 20,000 100 15-- 10 20 30 5/1000 SF
17
Ordinance No. 7631-06
25
1--10/1,000
SF Land Area
or as
determined by
Outdoor 40,000 200 15-- IS-- the
Recreation/Entertainment 10 50 community
25 20 development
coordinator
based on ITE
Manual
standards
Parking Garages and 20,000 100 15-- 10 IS-- 50 n/a
Lots 25 20
Places of Worship 20,000 100 15-- 10 IS-- 50 .5--1 per 2
25 20 seats
Public Transportation n/a n/a n/a n/a n/a 10 n/a
Facilities
Residential Shelters 10,000 100 15-- 10 15-- 30 1 per 2
25 20 residents
Retail Sales and Service 10,000 100 15-- 10 IS-- 50 5 per 1,000 SF
25 20 GFA
Utility IInfrastructure n/a n/a 15-- 10 15-- n/a n/a
Facilities(1 ) 25 20
15,000- ~
Assisted Living Facilities - 100 25 5 10 W- 1 per 2
20,000 50 residents
100- 1/1,000 sq. ft.
Nursing Homes 15,000 - 25 5 15 3010
150 50 1 per 2
residents
30--
Social and Community 20,000 100 15-- 10 15-- 40 4--5 per 1,000
Center 25 20 GFA
20,000 100 ~ 1 per 2
Congregate Care 25 5 10 W-
50 residents
***********
18
Ordinance No. 7631-06
Section 13. Article 2, Development Standards Section 2-1204, is amended as
follows:
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.
Table 2-1204. "I" District Flexible Development
Min. Lot Min. Max.
Use Area Lot Min. Setbacks (ft.) Height Min. Off-Street
Width Parking
sq. ft.) ft.) (ft.)
Front Side Rear
Determined by
the community
Comprehensive Infill development
director based on
Redevelopment n/a n/a n/a n/a n/a n/a the specific use
Project (1) and! or ITE
Manual
standards
Marina and Marina 5,000 50 15-- 10-- 0- 30 1 per 2 slips
Facilities 25 15 20
Social and 20,000 100 15-- 15- ~ 4--5 per 1000
Community Centers 10
25 20 50 GFA
10,000-
SocialIPublic Service - 100 15-- 10 15-- ~ 2--3 per 1,000
Agencies 20,000 25 20 50 GFA
Refer to
Telecommunication 10,000 100 25 10 20 Section n/a
Towers 3-2001
***********
Section 14. Article 2, Zoning Districts, Section 2-902, is amended as follows:
Section 2-902. Flexible standard development.
19
Ordinance No. 7631-06
***********
Flexibility standards criteria:
***********
Section 15. Article 3, Development Standards, Section 3-1202.0.1, is amended as
follows:
Section 3-1202. General landscaping standards.
***********
PROPOSED USE ADJACENT USE
NON- MUL T! FI\M1L Y ATTACHED $iFlg.'e family Detached
RESIDENTIAL DWELLINGS AND LIKE USES dwellina
12' min. wide 10' min. wide buffer
buffer 1 Tree/35' Single family Detached
1 Tree/35'
100% Shrubs 100% Shrubs dwelling
(6' within 3 years) (6' within 3 years)
5' min. wide buffer 10' min. wide or 7' min. wide buffer
1 Tree/35' with decorative tence/wall Nonresidential
100% Shrubs 1 Tree/35'
100% Shrubs
10' min. wide 10' min. wide buffer Multi Family Attached
buffer
1 Tree/35' 1 Tree/35' dwellings and like uses
100 % Shrubs 100% Shrubs ( Or :-- Density)
12' min. wide 10' min. wide buffer
~ 1 Tree!35' Multi Family (Less Density)
1 Tree/35'
100% Shrubs
100% Shrubs
15' min. wide 15' min. wide buffer
buffer 1 Tree/35' Arterial Or MajGF Collector
1 Tree/35' 100% Shrubs Right-ot-Way
100% Shrubs
10' min. wide 10' min. wide buffer
buffer Local/Minor Collector Street
1 Tree/35' 1 Tree/35' Right-ot-Way
100% Shrubs
100% Shrubs
***********
20
Ordinance No. 7631-06
Section 16. Article 3, Development Standards, Section 3-1904.B, is amended as
follows:
Section 3-1904. Streets-Generally.
***********
B. All Public and Private S~treets 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:
Remove existine: e:raDhic and reDlace with the followine: e:raDhic.
Category Right-of-Way Number & Width Number of Homes Sidewalks & Other Requirements
(Feet) (Feet) of Lanes or Units Width (Feet)
200 plus 40 6- Lane divided I
Limited access Drainage and utility limited access
expressway easement/each
side
6- Lane divided @ 12' Yes, both sides @ 6' sidewalk if Florida DOT
Principal Arterial 120 lanes with raised
median 5 roadway
120 4-lane divided @ 12' Yes, both sides @ 6' sidewalk if Florida DOT
lanes 5 roadway
Minor Arterial 120 6-lane divided @ 12' Yes, both sides @ 6' sidewalk if Florida DOT
lanes 5 roadway
100 4-lane divided @ 12' Yes, both sides @ 6' sidewalk if Florida DOT
lanes 5 roadway
5-lane with center lane Yes, both sides @ 6' sidewalk if Florida DOT
100 for left turn storage
@12' lanes 5 roadway
3-lane with center lane
Collector 80 for left turn storage Yes, both sides @ 4' wide bike lanes both
@12' through lanes 5 sides
and 13' center lane
Local Road 60 2-lanes @ 13' lanes >15 Yes, both sides @
plus curb 4
Neighborhood Road 60 2-lanes @ 12' lanes 15 or less Yes, both sides @ Parallel parking on one
plus curb 4 side only
Private Driveway
(opening onto a Pavement width 10' 1 No
local roadway or minimum
neighborhood road)
21
Ordinance No. 7631-06
Section 17. Article 3, Development Standards, Section 3-1807.8.1. is amended as
follows:
8. Permitted signage.
1. Signage which is proposed as part of a comprehensive sign program may
deviate from the minimum sign standards in terms of number 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 3-1807.C. Monument signs,
permitted pursuant to 3 1806.8.1.g shall not be eligible for comprehensive sign
program. A comprehensive sign program shall be approved as part of a level
One or level Two approval, as the case may be. Prohibited signs in 3-1803 are
not eligible for a comprehensive sign program.
Section 18. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions,
is amended as follows:
***********
Sign, monument means a 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) on the premises.
***********
Section 19. Article 2, Zoning Districts, Section 2-102, is amended as follows:
Section 2-102, Minimum standard development.
***********
Amend existing graphic (diagram) to label the DETACHED DWELLING rear
setback at 20 feet (striking 25 feet).
Section 20. Article 2, Zoning Districts, Section 2-202, is amended as follows:
Section 2-202, Minimum standard development.
***********
Amend existing graphic (diagram) to label the CRH rear setback at 10 feet (striking 15
feet).
22
Ordinance No. 7631-06
Section 21. Article 3, Development Standards, Section 3-807.C, is amended as
follows:
C. Visibility triangle. All fences and walls which ha'Je a height over 30 inches and are located
on corner lots and positioned within 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 shall
complv with the sight visibility triangle reQuirements in Article 3 Division 9.
Section 22. Article 2, Section 2-803, Table 2-803 is amended as follows:
Section 2-803. Flexible development.
The following uses are Level Two permitted uses in the "T" District subject to the
standards and criteria set out in this Section and other applicable provisions 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 INSET:
Table 2-803. "T" Flexible Development Standards
Min. Min. Max. Min. Min. Min.
Lot Lot Height Front Side Rear Min. Off-
Use (1) Area (ft.) (ft.) (ft.) Density Street
Width (ft.)
(sq. ft.) (ft.) (1 ) (1 ) (1 ) (1 ) Parking
Alcoholic Beverage Sales 5,000 50 35-- 0-- 0-- 10-- n/a 5 per 1,000
100 15 10 20 GFA
5,000-- 50-- 35-- 0-- 0-- 10-- 30
Attached Dwellings 10,000 100 100 15 10 20 units/acre 2 per unit
2 spaces per
attached
dwellinQ unit
30 and as
Comprehensive Infill n/a n/a units/acre; {)Qetermined
Redevelopment Project n/a n/a n/a n/a 40 by the
rooms/acre community
development
coordinator
for all other
uses based
23
Ordinance No. 7631-06
on the
specific use
and/or ITE
Manual
standards
Limited Vehicle Sales and 5,000 50 35-- 0-- 0-- 10-- 4--5 spaces
Display 100 15 10 20 n/a per 1,000
GFA
Marina Facilities 5,000 50 25 10-- 0-- 10-- n/a 1 space per
15 10 20 2 slips
Nightclubs 5,000 50 35-- 0-- 0-- 10-- 10 per 1,000
100 15 10 20 n/a GFA
Offices 10,000 100 35-- 0-- 0-- 10-- 3--4 spaces
100 15 10 20 n/a per 1,000
GFA
2.5 spaces
per 1,000
sa FT of lot
area or as
Outdoor determined
Recreation/Entertain ment 5,000 50 35 5-- 0-- 10-- n/a by the
15 10 20 community
development
coordinator
based on
ITE Manual
standards
10,000-
Overnight - 100-- 35-- 0-- 0-- 0-- 40
Accommodations 20,000 150 100 15 10 20 rooms/acre 1 per unit
5,000-- 50-- 25-- 0-- 0-- 10-- 7--15
Restaurants 10,000
100 100 15 10 20 n/a spaces per
1,000 GFA
Retail sales and services 5,000-- 50-- 35-- 0-- 0-- 10-- 4--5 spaces
10,000 100 100 15 10 20 n/a per 1,000
GFA
***********
24
Ordinance No. 7631-06
Section 23. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 24. 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 25. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 26. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING October 1 g. 2006
PASSED ON SECOND AND FINAL November 2, 2006
READING AND ADOPTED
Approved as to form: Attest:
U-
Leslie K. Douga 1- hia E. Goudeau
Assistant City Atto Clerk
25 Ordinance No. 7631-06