TA2014-00003.�
° Cl�arwater
:J
MEETING DATE:
AGENDA ITEM:
CASE:
ORDINANCE NO.:
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
December 16, 2014
G.l.
TA2014-00003
8654-15
REQUEST• Review and recommendation to the City Council, of an amendment to the
� Code of Ordinances and the Community Development Code.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
At its meeting of December 6, 2011, the Pinellas County Board of County Commissioners adopted
Resolution No. 11-185 which initiated a negotiation process with regard to the establishment of a more
flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation.
Through the negotiating process, the cities of Clearwater, Dunedin, Largo, Kenneth City, Pinellas Park,
Safety Harbor, St. Petersburg, Seminole, and Tarpon Springs, along with Pinellas County came to an
agreement to enter into an Interlocal Service Boundary Agreement (ISBA) for future annexations within
Type A enclaves. In order to enact those elements agreed to as part of the ISBA, the annexation provisions
set forth within the CDC requirement amendment.
At its meeting of December 14, 2011, the Clearwater City Council approved Resolution No. 11-5, which
adopted the Clearwater Greenprint — A Framework for a Competitive, Vibrant, Green Future. Clearwater
Greenprint is a community sustainability plan that identifies a series of tangible actions across eight topic
areas that have the potential to reduce energy consumption, pollution and greenhouse gas emissions while
stimulating the local economy and improving the quality of life. Among those topic areas identified within
the Plan is food production, and one specific strategy to address this topic is urban agriculture and the
identifcation of spaces throughout Clearwater where food production would be viable and amend the
Community Development Code to support food production activities. It is directed within Greenprint for the
City to amend the Community Development Code (CDC) to allow and support community gardens and other
forms of urban agriculture, and that those amendments also address hydroponics or other food production
facilities in existing and new buildings.
As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES)
Permit Program controls water pollution by regulating point sources that discharge pollutants into waters of
the United States. While individual homes that are connected to a municipal system or use a septic system
do not need an NPDES permit; municipal facilities must obtain permits if their discharges go directly to
surface waters. The City of Clearwater has such a permit, and from time to time changes to our land
development regulations are necessary in order to maintain that permit. As such, certain aspects of the City's
landscape regulations require amendments.
: Clearwater Communiry Development Code Text Amendment
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PLAAINING & DEVELOPMENT
DEVELAPMENT REVIEW DMSION
ANALYSIS:
Proposed Ordinance No. 8654-15 amends several sections of the CDC as well as the Code of Ordinances
(COO). The following is a brief analysis of each aspect of the proposed amendment.
Appendix A, Code of Ordinances �page 3 of OrdinanceJ
This is the only proposed amendment to the COO contained in this Ordinance, and the extent of this
amendment is the deletion of subsection XXIII. Tree Protection from Appendix A. The information
contained in this subsection will be relocated into Appendix A of the CDC.
2. Chart 2-100 [pages 3-S of OrdinanceJ
The proposed amendment adds brewpubs as a permissible use in the Commercial (C), Tourist (T) and
Downtown (D) Districts; adds community gardens as a permissible use in the Low Density Residential
(LDR), Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Medium High
Density Residential (MHDR), High Density Residential (HDR), C, D, and Institutional (I) Districts; adds
microbreweries as a permissible use in the C and Industrial, Research and Technology (IRT) Districts;
and adds urban farms as a permissible use in the IRT District.
Community Gardens and Urban Farms [pages S-8, 19, 21, 23, 25, and 34-37 of OrdinanceJ
The proposed amendment adds the community gardens use as a minimum development standard use to
the LDR, LMDR, MDR, MHDR, HDR, C, D and I Districts, and adds the urban farms use as a minimum
development standard use to the IRT District. The amendment provides accessory use and grass parking
standards for community gardens, and also creates a new division within Article 3 addressing the means
by which community gardens and urban farms may be established as well as the operational requirements
of each.
4. Brewpubs and Microbreweries [pages 6-11 of OrdinanceJ
The proposed amendment adds the brewpubs use as a Level One, Flexible Standard Development use,
and as a Level Two, Flexible Development use to the C, T and D Districts along with applicable
flexibility criteria. The amendment also adds the microbreweries use as a Level One, Flexible Standard
Development use and as a Level Two, Flexible Development use to the C and IRT Districts along with
applicable flexibility criteria. It is noted that the microbreweries use is also intended to facilitate the
establishment of micro-distilleries and micro-wineries.
5. Docks [pages 25-27 of OrdinanceJ
The proposed amendment removes the flexibility limitations with regard to maximum length for new
docks serving single-family and two-family dwellings. This change is needed as several properties have
been found where due to existing sea grasses and/or shallow water depths, a viable dock is not possible
without the dock exceeding current flexibility limitations. In such cases, the dock length shall be the
minimum length necessary in order to facilitate proper dock placement with consideration given to
surrounding dock patterns of development.
6. Required Setbacks [page 27 of OrdinanceJ
The proposed amendment provides for clarity in how exceptions may be granted to the otherwise
required setbacks to parking areas. As the side and rear setback requirements are based upon the
required landscape buffer width, it is reasonable the flexibility to these setback requirements be available
based upon the same means by which the landscape buffers are provided flexibility — through the
Community Development Board — December 16, 2014
TA2014-00003 — Page 2
° Clearwater Community Development Code Text Amendment
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PLANPIING & DEVELOPMENT
DEVELOPMENT REVIEW DMSION
Comprehensive Landscape Program. The front setback requirement, which in all instances is 15 feet,
will also be made flexible through this same process for equitability purposes.
7. Landscaping �pages 27-34 of OrdinanceJ
The proposed amendment modifes numerous aspects of the City's general landscaping standards. The
amendment includes:
■ An exception is provided to the plant material specifications for single-family detached and two-
family attached dwellings allowing for smaller trees to be used to be landscaping requirements;
■ Clarifcation as to what types/species of plants are allowable and prohibited;
■ Additional irrigation standards;
■ Modification of perimeter landscape requirements to reduce the buffer width of non-residential
projects adjacent to detached dwellings from twelve feet to ten feet, and to include a requirement for
a perimeter wall/fence within non-residential use landscape buffers when adjacent to all residential
zoning districts;
■ Modification of interior landscape requirements to increase the number of parking spaces between
interior landscape islands from 15 to 20, to provide for a minimum depth to interior landscape
islands, and to increase the required width of interior landscape islands from eight feet to 17 feet; and,
■ The addition of tree inventory requirements, such as a specific tree evaluation grading system, the
requirement for trees to be tagged on sites greater than or equal to one acre in size, and that all tree
inventories include off-site trees within 25 feet of the property line.
The proposed amendment further modifies the tree protection requirements to not require a tree removal
permit for all citrus species of trees, and to require the inch-for-inch replacement of trees andlor payment
into the tree bank for deficits on single-family detached or two-family attached dwelling properties.
Temporary Emergency Housing �pages 34-35 of OrdinanceJ
The proposed amendment acknowledges the adoption of emergency housing provisions by Pinellas
County, and provides for the implementation of those provisions by either Pinellas County Board of
County Commissioners or the City of Clearwater City Council by way of a declaration of a state of
housing emergency.
9. Noncontiguous Annexation [page 37 of OrdinanceJ
The proposed amendment establishes standards for noncontiguous annexations. These standards were
derived through a negotiation between numerous municipalities and Pinellas County to provide a more
flexible annexation process, promote sensible boundaries that reduce the cost of local government, avoid
duplicating local services.
10. Plat Approvals and Sign Permits [page 38 of OrdinanceJ
The proposed amendment clarifies that preliminary plat approvals are processed through a Level One,
Flexible Standard Development application and not a Level One, Minimum Standard Development
application. Also, the amendment corrects a reference pertaining to what signs may be erected,
constructed, altered or extended without a permit.
11. Definitions [pages 38-40 of OrdinanceJ
■ Aquaponic systems — establishes a definition for what constitutes an aquaponic system, and defines
that such a system may be permitted as a part of, or as an urban farm.
Community Development Board — December 16, 2014
TA2014-00003 — Page 3
: Clear�vater Community Development Code Text Amendment
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PLAhiNING & DEVELOPMENT
DEVEIAPMENT REViEW DMSION
■ Breweries — establishes a defnition for what constitutes a brewery (distinguishing it from the
brewpubs and microbreweries uses), and defines that the use would constitute a manufacturing use.
■ Brewpubs — establishes a defnition for what constitutes a brewpub (distinguishing it from the
microbreweries and breweries uses), and establishes additional provisions for the sales of beer for
special events.
■ Community gardens — establishes a definition for what constitutes a community garden
(distinguishing it from urban farms).
■ Hydroponic systems — establishes a defnition for what constitutes a hydroponic system, and defines
that such a system may be permitted as a part of, or as an urban farm.
■ Microbreweries — establishes a definition for what constitutes a microbrewery (distinguishing it from
the brewpubs and breweries uses), and defines that both micro-distilleries and micro-wineries shall
constitute a microbrewery use.
■ Mirco-distilleries — establishes a defnition for what constitutes a micro-distillery, and defnes that the
use would constitute a microbreweries use.
■ Micro-wineries — establishes a definition for what constitutes a micro-winery, and defines that the use
would constitute a microbreweries use
■ Retail plazas — amends the existing definition to include brewpubs as an allowable component of a
retail plaza through a Level One (Flexible Standard Development) or Level Two (Flexible
Development) application.
■ Taproom — establishes a defnition for what constitutes a taproom and where such ancillary use is
permissible.
■ Tasting room — establishes a definition for what constitutes a tasting room and where such ancillary
use is permissible.
■ Urban farms — establishes a defnition for what constitutes an urban farm (distinguishing it from
community gardens).
12. Appendix A[page 40 of OrdinanceJ
The proposed amendment adds the language removed from the COO pertaining to fees for tree removal
permits as a new subsection j to Appendix A— Schedule of Fees, Rates, and Charges. In addition, the
amendment will also add language allowing the Community Development Coordinator to waive these
fees when the tree removal is in conjunction with a public water/sewer project on private property.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text
amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the
Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies
which will be furthered by the proposed Code amendments:
Policy A.1.1.4 The provisions of the City of Clearwater Wellhead Protection Ordinance shall be
strictly implemented in order to protect a major source of the City's potable water,
with the Engineering Department serving as the chief implementing local agency.
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TA2014-00003 — Page 4
: Clearwater Community Development Code Text Amendment
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PLANNING & DEVELOPMEN'I
DEVELOPMENi REVIEW DMSION
Objective A.3.2 All development or redevelopment initiatives within the City of Clearwater shall meet
the minimum landscaping / tree protection standards of the Community Development
Code in order to promote the preservation of existing tree canopies, the expansion of
that canopy, and the overall quality of development within the City.
Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering
practices, and urban design standards in order to protect historic resources, ensure
neighborhood preservation, redevelop blighted areas, and encourage infill
development.
Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and
mixed land use development techniques in order to promote infll development that is
consistent and compatible with the surrounding environment.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval
process shall be utilized in promoting infll development and/or planned developments
that are compatible.
Policy A.6.8.4 Use native plants in landscaped areas, use xeriscaping wherever possible and protect
natural features of a developing site.
Objective A.7.1 Develop a strategic annexation program focused on eliminating enclaves and other
unincorporated areas within the Clearwater Planning Area.
Policy F.l.l.l Require all new residential and non-residential development to provide a specifed
amount of Florida friendly shade trees based on an established desired ratio of
pervious to impervious surface areas. Shade trees will serve to provide heat reduction,
noise abatement, buffering, replenishment of oxygen, and aesthetic beauty.
The proposed amendments are intended to facilitate the economic growth of the City through the
provision of new permissible uses into the Community Development Code (i.e., brewpubs, community
gardens, microbreweries, and urban farms). Additionally, the proposed amendments will ensure that the
City's Wellhead Protection ordinance continues to be met, that enclaves are eliminated, and that
landscaping standards, including the use of native species and Florida friendly trees, are achieved. As
such, the above referenced elements of the Comprehensive Plan will be furthered.
2. The proposed amendment furthers the purposes of the Community Development Code and other
City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be consistent with the
following purposes set forth in Section 1-103.
■ 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
Community Development Board — December 16, 2014
TA2014-00003 — Page 5
° Clearwater Community Development Code Text Amendment
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PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DMSION
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 (Section 1-103.A., CDC).
■ 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 Sections 1-103.B.2., CDC).
■ Strengthening the city's economy and increasing its tax base as a whole (Sections 1-103.B.3, CDC).
■ 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 (Section 1-103.E.9.,
CDC).
■ Coordinate the provisions of this Development Code with corollary provisions relating to parking,
fences and walls, signs, and like supplementary requirements designed to establish an integrated and
complete regulatory framework for the use of land and water within the city (Section 1-103.E.12.,
CDC).
The proposed text amendment will further the purposes of Clearwater Greenprint, a plan adopted by City
Council on December 14, 2011, in that it will be consistent with the following strategy:
Urban Agriculture.
Identify spaces throughout Clearwater where food production would be viable and amend the
Community Development Code to support food production activities. The city will conduct an
inventory of public and semi-public lands that would be suitable for food production for the purpose
of identifying sites for food production pilot projects. The city will amend the Community
Development Code to allow and support community gardens and other forms of urban agriculture.
Amendments will address hydroponics or other food production facilities in existing and new
buildings.
The amendments proposed by this ordinance will further the above referenced purposes by implementing the
Goals, Objectives and Policies of the Comprehensive Plan, by strengthening the City's economy, and by
establishing new permissible uses (i.e. brewpubs, community gardens, microbreweries, and urban farms) two
of which will achieve compliance with Clearwater Greenprint.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Code of Ordinances and the Community Development Code is consistent
with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department recommends
APPROVAL of Ordinance No. 8654-15 that amends the Code of Ordinances and the Community
Development Code.
�7�
Prepared by Planning and Development Department Staff: ��
Robert G. Tefft,
Development Review Manager
ATTACHMENTS: Ordinance No. 8654-15
Community Development Board — December 16, 2014
TA2014-00003 — Page 6
Robert G. Tefft
100 South Myrtle Avenue
Clearwater, FL 33756
(727)562-4539
robert.tefft(a�mvclearwater.com
PROFESSIONAL EXPERIENCE
■ Development Review Manager
City of Clearwater, Clearwater, Florida August 2008 to Present
Direct Development Review activities for the City. Supervise professional planners, land resource
specialists and administrative staff. Conduct performance reviews. Serve as staff to the Community
Development Board.
■ Planner III
City of Clearwater, Clearwater, Florida June 2005 to August 2008
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports, and making presentations to various City Boards and Committees.
■ Planner II
City of Clearwater, Clearwater, Florida May 2005 to June 2005
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports.
■ Senior Planner -
City of Delray Beach, Delray Beach, Florida October 2003 to May 2005
Performed technical review of and prepared staff reports for land development applications such as,
but not limited to: site plans, conditional uses, rezoning, land use amendments, and text amendments.
Organized data and its display in order to track information and provide status reports. Make
presentations to various City Boards.
Planner
City of Delray Beach, Delray Beach, Florida March 2001 to October 2003
Performed technical review of and prepared staff reports for land development applications such as,
but not limited to: site plans, conditional use and text amendments. Organization of data and its
display in order to track information and provide status reports. Provided in-depth training to the
Assistant Planner position with respect to essential job functions and continuous guidance.
Assistant Planner
Ciry of Delray Beach, Delray Beach, Florida October 1999 to March 2001
Performed technical review of and prepared staff reports for site plan development applications.
Performed reviews of building permit applications. Provided information on land use applications,
ordinances, land development regulations, codes, and related planning programs/services to other
professionals and the public.
EDUCATION
Bachelor of Arts, Geography (Urban Studies),
University of South Florida, Tampa, Florida
ORDINANCE NO. 8654-15
AN ORDINANCE OF THE CITY OF C�EARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
APPENDIX A- SCHEDULE OF FEES, RATES AND CHARGES,
DELETING XXIII. TREE PROTECTION; AND MAKING AMENDMENTS
TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING
ARTICLE 2, CHART 2-100, ADDING BREWPUBS, COMMUNITY
GARDENS, MICROBREWERIES AND URBAN FARMS AS PERMITTED
USES; AMENDING ARTICLE 2, SECTIONS 2-102, 2-202, 2-302, 2-402,
2-502, 2-702, 2-902, AND 2-1202, ADDING COMMUNITY GARDENS AS
A MINIMUM STANDARD DEVELOPMENT USE; AMENDING ARTICLE
2, SECTIONS 2-703 AND 2-704, ADDING BREWPUBS AND
MICROBREWERIES AS FLEXIBLE STANDARD DEVELOPMENT USES
AND MAKING OTHER MINOR CORRECTIONS; AMENDING ARTICLE
2, SECTIONS 2-802, 2-803, AND 2-902, ADDING BREWPUBS AS A
FLEXIBLE STANDARD DEVELOPMENT USE AND MAKING OTHER
MINOR CORRECTIONS; AMENDING ARTICLE 2, SECTION 2-1302,
ADDING URBAN FARMS AS A MINIMUM STANDARD DEVELOPMENT
USE; AMENDING ARTICLE 2, SECTION 2-1303, ADDING
MICROBREWERIES AS A FLEXIBLE STANDARD DEVELOPMENT
USE; AMENDING ARTICLE 3, SECTION 3-201, PROVIDING
ACCESSORY USE STANDARDS FOR COMMUNITY GARDENS;
AMENDING ARTICLE 3, SECTION 3-601, PROVIDING INCREASED
FLEXIBILITY IN DEVIATIONS FOR DOCK LENGTH FOR SINGLE-
FAMILY AND TWO-FAMILY DWELLINGS; AMENDING ARTICLE 3,
SECTION 3-903, PROVIDING AN EXCEPTION TO PARKING LOT
SETBACK REQUIREMENTS; AMENDING ARTICLE 3, SECTION 3-
1202, MODIFYING MINIMUM PLANT MATERIAL STANDARDS,
MODIFYING THE SPECIES OF TREES THAT ARE PROHIBITED,
PROHIBITING CITRUS TREES AS REQUIRED LANDSCAPE
MATERIALS, EXPANDING THE STANDARDS FOR IRRIGATION,
MODIFYING PERIMETER LANDSCAPING REQUIREMENTS BY
INCLUDING THE PROVISION OF PERIMETER WALLS IN CERTAIN
CIRCUMSTANCES, MODIFYING INTERIOR LANDSCAPING
REQUIREMENTS TO CLARIFY THAT COMMUNITY GARDENS
CANNOT COUNT TOWARD PERIMETER, INTERIOR, OR
FOUNDATION LANDSCAPING REQUIREMENTS, AND ESTABLISHING
A GRADING SYSTEM FOR THE EVALUATION OF EXISTING TREES;
AMENDING ARTICLE 3, SECTION 3-1205, CLARIFYING THAT CITRUS
TREES DO NOT REQUIRE A PERMIT FOR REMOVAL AND
MODIFYING THE TREE/PALM REPLACEMENT PROVISIONS FOR
SINGLE-FAMILY AND TWO-FAMILY PROPERTIES; AMENDING
ARTICLE 3, SECTION 3-1403, ALLOWING FOR GRASS PARKING AT
COMMUNITY GARDENS AND PROVIDING FOR A SEPARATION
REQUIREMENT BETWEEN GRASS PARKING AND TREES;
AMENDING ARTICLE 3, SECTION 3-2103, ACKNOWLEDGING
PINELLAS COUNTY'S ADOPTED TEMPORARY EMERGENCY
HOUSING ORDINANCE; AMENDING ARTICLE 3, ADDING SECTION
26, COMMUNITY GARDENS AND URBAN FARMS, WHICH PROVIDES
FOR REGULATIONS SPECIFIC TO COMMUNITY GARDENS AND
URBAN FARMS; AMENDING ARTICLE 4, SECTION 4-604, PROVIDING
STANDARDS FOR NON-CONTIGUOUS ANNEXATIONS; AMENDING
ARTICLE 4, SECTION 4-702, CLARIFYING THAT FLEXIBLE
STANDARD APPROVAL IS REQUIRED FOR PRELIMINARY PLATS;
AMENDING ARTICLE 4, SECTION 4-1002, MODIFYING A SECTION
REFERENCE; AMENDING ARTICLE 8, SECTION 8-102 ADDING
DEFINITIONS FOR THE TERMS AQUAPONIC SYSTEMS,
BREWERIES, BREWPUBS, COMMUNITY GARDENS, HYDROPONIC
SYSTEMS, MICROBREWERIES, MICRO-DISTILLERIES, MICRO-
WINERIES, TAPROOM, TASTING ROOM, AND URBAN FARMS, AS
WELL AS MODIFYING THE DEFINITION FOR THE TERM RETAIL
PLAZAS; AMENDING APPENDIX A- SCHEDULE OF FEES, RATES
AND CHARGES, V., BUILDINGS AND BUILDING REGULATIONS, TO
PROVIDE A FEE STRUCTURE FOR TREE REMOVAL PERMITS;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Clearwater recognizes that the quality of food, health, and the
natural environment are interconnected; and
WHEREAS, on December 14, 2011 the City of Clearwater City Council approved
Resolution #11-5 adopting Clearwater Greenprint, a sustainability plan for the City of Clearwater
that calls for amending the Community Development Code to allow for and support community
gardens; and
WHEREAS, community gardening presents a significant opportunity for learning,
experimenting, and knowledge sharing within the community, and by creating a supportive
environment for urban agriculture, the City will facilitate the delivery of a valuable and unique set
of services and products, create economic activity, and strengthen its sustainable community
image; and
WHEREAS, brewpubs, microbreweries and micro-distilleries have become viable
business entities that enhance the communities in which they are located by providing jobs and
economic growth; and
WHEREAS, brewpubs, microbreweries and micro-distilleries often use local ingredients
in the production of beers and spirits further enhancing the economic impact on the region; and
WHEREAS, a more flexible annexation process is appropriate and desirable within
Pinellas County given the highly urban character of the county, which distinguishes it from many
of Florida's other counties; and
WHEREAS, the cities of Clearwater, Dunedin, Largo, Kenneth City, Pinellas Park, Safety
Harbor, St. Petersburg, Seminole, and Tarpon Springs, along with Pinellas County have all
Ordinance No. 8654-15 Page 2
�
come to an agreement to enter into an interlocal service boundary agreement ("ISBA") for future
annexations within Type A enclaves; and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined whe�e the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORI DA:
Section 1. That Appendix A– Schedule of Fees, Rates and Charges, XXIII. Tree
Protection, Code of Ordinances, be deleted in its entirety with subsections re-lettered as
appropriate:
YVI11 TCCC D�P1TC�`T1�A1•
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Section 2. That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community
Development Code, be, and that same is hereby amended to read as follows:
CHART 2-100 PERNIITTED USES
Use Gat ories LDR MD MDR AgID HDR MHP C T D O I IRT OSR P COD IENCOD
Rcsidential
ccesso dwellin s X X X X X X
ttached dwellin X X X X X X X
ommuni residential homes X X X X X X X X
etached dwellin s X X X X X X X X
obile homes X
obile home azks X
esidential infill ro�ects X X X X X X X
Nonresidentiwi
dult uses X X
i ort X
Alcoholic bever e sales X X X
Ordinance No. 8654-15 Page 3
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Ordinance No. 8654-15 Page 4
esort Attached Dwellin s X
estaurants X X X X X X
etail lazas X X X
etail sales and services X X X X X X X X
V arks X
Salva e azds X
Schools X X X X X X X X
Self-stora e warehouse X X
Social and communi centers X X X X
Social/ ublic service a encies X X X X
elecommunications towers X X X X X
/radio studios X X
rban arms X
tili /infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/dis la s X X
ehicle sales/dis la s limited X X
Vehicle sales/dis la s, ma or X
ehicle service X
ehicle service, limited X
Vehicle service, ma�or X
Veterin offices X X X X
olesale/distribution/warehouse
facili X
Section 3. That Article 2, Zoning Districts, Division 1, Low Density Residential
District, Section 2-102, Minimum Standard Development, Community Development Code, be,
and the same is hereby amended to read as follows:
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 Deve/opment
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-Street
Area �dth (ft.) Height Parking
(sq. ft) Front Side Rear (ft•)
Communitv Gardens n/a n/a 10 5 5 n/a n/a
Community Residential Homes 10,000 100 25 10 20 30 2/unit
(6 or fewer residents)�'�
Detached Dwellings 20,000 100 25 10 20 30 2/unit
(1) Community residential homes shall not be located within 1,000 feet of one another.
**********
Ordinance No. 8654-15 Page 5
Section 4. That Article 2, Zoning Districts, Division 2, Low Medium Density
Residential District, Section 2-202, Minimum Standard Development, Community Development
Code, be, and the same is hereby amended to read as follows:
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.
Table 2-202. "LMDR" District Minimum Standard Deve/opment
Use Min. Lof Min. Lot Min. Setbacks (ft.) Max. Min. Off-Street
Size �dth (ft.) Front Side Rea Height Parking
s . ft. ft.
Communitv Gardens n/a n/a 10 5 5 n/a n/a
Community Residential Homes 5,000 50 25 5 10 30 2/unit
(up to 6 residents) �z�
Detached Dwellings 5,000 50 25 5 10 30 2/unit
(1) 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.
(2) Community residential homes shall not be located within 1,000 feet of one another.
**********
Section 5. That Article 2, Zoning Districts, Division 3, Medium Density Residential
District ("MDR"), Section 2-302, Minimum Standard Development, Community Development
Code, be, and the same is hereby amended to read as follows:
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
Use Min. Lot Min. Lot Min. Setbacks (fk) Max. Min. Off-Street
Sre� �dth (ft.) Front Side Rea He� ht Parking
Communitv Gardens n/a n/a 10 5 5 n/a n/a
Community Residential Homes 5,000 50 25 5 5 30 2/unit
(up to 6 residents) �z�
Detached Dwellings 5,000 50 25 5 5 30 2/unit
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
(2) Community residential homes shall not be located within 1,000 feet of one another.
**********
Ordinance No. 8654-IS Page 6
Section 6. That Article 2, Zoning Districts, Division 4, Medium High Density
Residential District ("MHDR"), Section 2-402, Minimum Standard Development, Community
Development Code, be, and the same is hereby amended to read as follows:
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 Deve/opment
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-Street
Sre� wdth (ft.) Front Side Rear(1) He� ht Parking
Attached Dwellings 15,000 150 25 10 15 30 2/unit
Communitv Gardens n/a n/a 10 5 5 n/a n/a
Community Residential Homes 5,000 50 25 10 15 30 1.5/unit
(6 or fewer residents) �2�
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.
(2) Community residential homes shall not be located within 1,000 feet of one another.
******«***
Section 7. That Article 2, Zoning Districts, Division 5, High Density Residential
District ("HDR"), Section 2-502, Minimum Standard Development, Community Development
Code, be, and the same is hereby amended to read as follows:
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. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-Street
Sre� �dth (ft.) Front Side Rear(1 He� ht Parking
Attached Dwellings 15,000 150 25 10 15 30 2/unit
Communitv Gardens n/a n/a 10 5 5 n/a n/a
Community Residential Homes 5,000 50 25 10 15 30 1.5/unit
(6 or fewer units) �2�
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 from
a seawall.
(2) Community residential homes shall not be located within 1,000 feet of one another.
**********
Ordinance No. 8654-15 Page 7
Section 8. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
702, Minimum Standard Development, Community Development Code, be, and the same is
hereby amended to read as follows:
Table 2-702. "C" Disfrict Minimum Development Sfandards
Use Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Street
Area �dth Height Front Side Rear Parking Spaces
s. ft ft. ft. ft. ft. ft.
Communitv Gardens n/a n/a n/a 15 5 5 n/a
Governmental Uses(1) 10,000 100 25 25 10 20 4/1,000 SF GFA
Indoor Recreation/ 10,000 100 25 25 10 20 5/1000 SF GFA
Entertainment or 5/lane,
2/court or
1/machine
Mixed Use 10,000 100 25 25 10 20 Based upon
specific use
re uirements
Offices 10,000 100 25 25 10 20 3/1,000 SF GFA
Overnight Accommodations 40,000 200 25 25 10 20 1/unit
Parks and Recreational n/a n/a 25 25 10 20 1 per 20,000 SF
Facilities land area o� 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 12/1,000 SF
GFA
Retail Plazas 15,000 100 25 25 10 20 4/1,000 SF GFA
Retail Sales and Services 10,000 100 25 25 10 20 5/1,000 SF GFA
Social and Community Centers 10,000 100 25 25 10 20 5/1,000 SF GFA
Vehicle Sales/Display 40,000 200 25 25 10 20 2.5/1,000 SF
Lot Sales Area
Veterinary Offices 10,000 100 25 25 10 20 4 spaces per
1,000 GFA
**********
Section 9. That Article 2, Zoning Districts, Division 7, Commerciat District, Section 2-
703, Flexible Standard Development, Community Development Code, be, and the same is
hereby amended to read as follows with subsections re-lettered as appropriate:
Tab/e 2-703. "C" District F/exible Standard Development Standards
Ordinance No. 8654-15 P�e 8
Use Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Street
Area �dth Height Front Side Rear Parking Spaces
s. ft ft. ft. ft. ft. ft.
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
Automobite Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA
Bars 10,000 100 25 25 10 20 10 per 1,000
GFA
Brewpubs 3.500— 30-100 25-50 25 0-10 10— 1.5/1.000 GFA
10.000 20 dedicated to
brewerv
o�erations and
su ort
services: and 7-
12/1.000 GFA
for all other use
area
Educational Facilities(1) 40,000 200 25 25 10 20 1 per 2 students
Governmental Uses(1) 10,000 100 25-50 25 10 20 4 spaces per
1,000 GFA
Indoor 5,000— 50-100 25 25 10 20 3-5/1000 SF
Recreation/Entertainment 10,000 GFA or 3—
5/lane, 1—
2/court or
1 /machine
Medical Ciinics(1) 10,000 100 25 25 10 20 5/1,000 GFA
Microbreweries 3.500 - 30 - 100 25 - 50 25 0-10 10 - 1.5/1.000 GFA
10.000 20 dedicated to
brewerv
ooerations and
sunport
services: and 7-
12/1.000 GFA
for all other use
area
Mixed Use 5,000— 50-100 25-50 25 0-10 10— Based upon
10,000 20 specific use
re uirements
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
G FA
Offices 3,500— 30-100 25-50 25 0-10 10— 3/1,000 SF GFA
10,000 2�
Off-Street Parking 10,000 100 n/a 25 10 20 n/a
Outdoor Retail Sales, Display 20,000 100 25 25 10 20 5 per 1,000 SF
and/or Storage of outdoor
dis la area
Overnight Accommodations 20,000— 150— 25-50 25 0-10 10— 1 per unit
40,000 200 20
Places of Worship(2) 20,000— 100— 25-50 25 10 20 .5-1 per 2 seats
40,000 200
Public Transportation n/a n/a 10 n/a n/a n/a n/a
Facilities(3)
Ordinance No. 8654-15 Page 9
Restaurants 3,500— 30-100 25-50 25 0-10 10— 7-12 spaces
10,000 20 per 1,000 GFA
Retail Plazas 15,000 100 25-50 25 0-10 10— 4 spaces per
20 1,000 GFA
Retail Sales and Services 3,500— 30-100 25-50 25 0-10 10— 4-5 spaces per
10,000 20 1,000 GFA
Schools (5) 40,000 200 25 25 0-10 10— 1 per 3 students
20
Social and Community Centers 3,500— 35-100 25-35 25 0-10 10— 4-5 spaces per
��� 10,000 20 1,000 GFA
Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a
Vehicle Sales/Displays 20,000— 150— 25 25 10 20 2.5 spaces per
40,000 200 1,000 of lot
sales area
Veterinary Offices 5,000— 50— 25 15— 0— 10— 4 spaces per
10,000 100 25 10 20 1,000 GFA
Flexibility criteria:
**********
F. Brewpubs.
1 No more than 50 percent of the total aross floor area of the estabiishment shall
be used for the brewerv function includinq. but not limited to, the brewhouse,
boilinct and water treatment areas bottlinq and keacain4 lines. malt millina and
storaae fermentation tanks conditioning tanks and servinct tanks:
2 Anv overhead doors shall be located perpendicular to the abuttin4 streets and
screened from adiacent properties bv landscaped walls or fences.
3. Lot area and width: The reduction in lot area and/or width will not result in a
buildina which is out of scale with existing buildinas in the immediate vicinitv of
the parcel proposed for development.
4 Heiqht� The increased heiaht results in an improved site plan, landscapina areas
in excess of the minimum reauired and/or improved desian and aqaearance;
5 Front setback� The reduction in front setback results in an improved site qlan or
improved desiQn and appearance.
6. Side and rear setback:
a The reduction in side and rear setback does not prevent access to the
rear of anv buildinq bv emerqencv vehicles:
b The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved desian and appearance and
landscaped areas are in excess of the minimum reauired.
9. Off-street parkinp:
a The reduction in off-street parkina is iustified bv the reasonablv
anticipated automobile usaae bv visitors to the subiect propertv: and
b The availabilitv of transportation modes other than the automobile.
specificallv that there is access to mass transit within 1,000 feet of the
subiect propertv.
K. Microbreweries.
Ordinance No.8654-15
**********
Page 10
1 The parcel proposed for development is not contiquous to a parcel of land which
is desiqnated as residential in the Zonina Atlas;
2 The parcel proqosed for development is not located within 500 feet of a qarcel of
land used for purposes of a place of worship or a public or private school unless
the intervenina land uses structures or context are such that the location of the
stand alone bar is unlikelv to have an adverse impact on such school or use as a
place of worship.
3 No more than 75 percent of the total qross floor area shall be used for the
brewerv function includina but not limited to the brewhouse. boilina and water
treatment areas bottlinq and keqqina lines malt millinq and storacae,
fermentation tanks conditionina tanks and servina tanks:
4 Anv overhead doors shall be located perpendicular to the abuttina streets and
screened from adiacent properties by landscaped walls or fences.
5. Lot area and width: The reduction in lot area and/or width will not result in a
buildinq which is out of scale with existinq buildinqs in the immediate vicinitv of
the parcel proposed for development.
6 Heiaht� The increased heiaht results in an improved site plan, landscaqin4 areas
in excess of the minimum reauired and/or improved desian and aqpearance:
7 Front setback� The reduction in front setback results in an improved site plan or
improved desian and appearance.
8. Side and rear setback:
a The reduction in side and rear setback does not prevent access to the
rear of anv buildina bv emerqencv vehicles:
b The reduction in side and rear setback results in an improved site plan.
more efficient parkina or improved desiqn and appearance and
landscaped areas are in excess of the minimum reauired.
9. Off-street parkinp:
a The reduction in off-street parkin4 is iustified bv the reasonablv
anticipated automobile usaae bv visitors to the subiect propertv: and
b The availabilitv of transportation modes other than the automobile.
specificallv that there is access to mass transit within 1,000 feet of the
subiect propertv.
**********
Section 10. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code, be, and the same is hereby
amended to read as follows with subsections re-lettered as appropriate:
Section 2-704. - Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
Tab/e 2-704. "C" District F/exible Development Standards
Ordinance No. 8654-15 Page 1 I
Use Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Sfreet
Area �dth Height Front Side Rear Parking
s. ft. ft. ft. ft. ft. ft.
Alcoholic Beverage Sales 5,000— 50-100 25 15— 0-10 10— 5 per 1,000
10,000 25 20 GFA
Animal Boarding 5,000— 50-100 25 15— 0-10 10— 4 spaces per
10,000 25 20 1,000 GFA
Bars 5,000— 50-100 25 15— 0-10 10— 10 per 1,000
10,000 25 20 GFA
Brewpubs 3.500 - 30 - 100 25 - 50 15 - 0-10 10 - 1.5/1.000 GFA
10.000 25 20 dedicated to
brewerv
o�erations and
sUppOft
services: and 7-
12/1.000 GFA
for all other use
area
Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by
Redevelopment Project the communiry
development
coordinator
based on the
specific use
and/or ITE
Manual
standards
Indoor 3,500— 30-100 25-50 15— 0-10 10— 3-5/1000 SF
Recreation/Entertainment 10,000 25 20 GFA or 3—
5/lane, 1—
2/court or
1/machine
Light Assembly 5,000— 50-100 25 15— 0-10 10— 4-5 spaces per
10,000 25 20 1,000 GFA
Limited Vehicle Service 5,000— 50-100 25 15— 0-10 10— 4-5 spaces per
10,000 25 20 1,000 GFA
Marinas and Marina Facilities 5,000— 50 25 25 10 20 1 space per 2
20,000 slips
Microbreweries 3.500 - 30 - 100 25 - 50 15 - 0-10 10 - 1.5/1.000 GFA
10.000 25 20 dedicated to
brewerv
oqerations and
support
services: and 7-
12/1.000 GFA
for all other use
area
Mixed Use 5,000— 50-100 25-50 15— 0-10 10— Based upon
10,000 25 20 specific use
re uirements
Nightclubs 5,000— 50-100 25 15— 0-10 10— 10 per 1,000
10,000 25 20 GFA
Offices 3,500— 30-100 25-50 15— 0-10 10— 3/1,000 SF GFA
10,000 25 20
Off-Street Parking 10,000 100 n/a 15— 0-10 10— n/a
25 20
Outdoor 20,000 100 25 15— 10 10— 1-10 per 1,000
Recreation/Entertainment 25 20 SQ FT of land
area or as
determined by
the communi
Ordinance No. 8654-15 Page 12
development
coordinator
based on ITE
Manuai
standards
Overnight Accommodations 20,000— 100— 25-50 15— 0-10 10— 1 per unit
40,000 200 25 20
Problematic Uses 5,000 50 25 15— 10 10— 5 spaces per
25 20 1,000 SF GFA
Restaurants 3,500— �5--�89 25-50 15— 0-10 10— 7- 12 spaces
10,000 30 -100 25 20 per 1,000 GFA
Retail Plazas 15,000 100 25-50 15— 0-10 10— 4 spaces per
25 20 1,000 GFA
Retail Sales and Services 3,500— 30-100 25-50 15— 0-10 10— 4-5 spaces per
10,000 25 20 1,000 GFA
RV Parks 40,000 200 25 15— 20 10— 1 space per RV
25 20 space
Schools (2) 30,000— 100— 25-50 15— 0-10 10— 1 per 3 students
40,000 200 25 20
Self Storage 20,000 100 25 15— 10 10— 1 per 20 units
25 20 plus 2 for
manager's
office
Social/Public Service 5,000— 50-100 25-50 15— 0-10 10— 3--4 spaces per
Agencies(1) 10,000 25 20 1,000 GFA
Telecommunication Towers 10,000 100 Refer 25 10 20 n/a
to
section
3-2001
Vehicle Sales/Displays 10,000— 100— 25 15— 10 10— 2.5 spaces per
40,000 200 25 20 1,000 SQ FT of
lot area
**********
Flexibility criteria:
**********
D. Brewpubs.
1 No more than 50 qercent of the total aross floor area of the establishment shall
be used for the brewery function includina, but not limited to, the brewhouse,
boilina and water treatment areas bottlina and keQqina lines, malt millin4 and
stora4e fermentation tanks conditionina tanks and servina tanks;
2 Anv overhead doors shall be located perqendicular to the abuttina streets and
screened from adjacent properties bv landscaqed walls or fences.
3. Lot area and width: The reduction in lot area and/or width will not result in a
buildinq which is out of scale with existinp buildinas in the immediate vicinitv of
the parcel proposed for development.
4 Heiaht� The increased heiaht results in an improved site plan, landscapinq areas
in excess of the minimum reauired and/or improved desican and appearance:
5 Front setback: The reduction in front setback results in an improved site plan or
imqroved desian and appearance:
6. Side and rear setback:
a The reduction in side and rear setback does not prevent access to the
rear of anv buildina bv emerqencv vehicles;
Ordinance No. 8654-15 Page 13
b. The reduction in side and rear setback results in an improved site plan,
more efficient qarkina or improved desian and appearance and
landscaped areas are in excess of the minimum reauired;
9. Off-street parkinq:
a. The reduction in off-street parkina is iustified bv the reasonablv
anticipated automobile usaqe bv visitors to the subiect propertv; and
b. The availabilitv of transportation modes other than the automobile,
specificallv that there is access to mass transit within 1.000 feet of the
subiect propertv.
**********
J. Microbreweries.
1. The parcel proposed for development is not contictuous to a parcel of land which
is desianated as residential in the Zoninct Atlas:
2. The parcel proposed for develoqment is not located within 500 feet of a qarcel of
land used for purposes of a place of worship or a public or private school unless
the interveninq land uses. structures or context are such that the location of the
microbrewerv is unlikelv to have an adverse impact on such school or use as a
place of worship.
3. No more than 75 percent of the total aross floor area shall be used for the
brewerv function including, but not limited to. the brewhouse, boilinq and water
treatment areas, bottlinq and keaQina lines, malt millina and storaae,
fermentation tanks, conditionin4 tanks and servina tanks;
4. Anv overhead doors shall be located perpendicular to the abuttina streets and
screened from adiacent properties bv landscaped walls or fences.
5. Lot area and width: The reduction in lot area and/or width will not result in a
buildinct which is out of scale with existinq buildinqs in the immediate vicinitv of
the parcel proqosed for development.
6. Heiqhr The increased heiaht results in an improved site plan, landscapina areas
in excess of the minimum reauired and/or improved desian and appearance:
7. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
8. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of anv buildina bv emerqencv vehicles:
b. The reduction in side and rear setback results in an improved site plan,
more e�cient qarkinq or improved desiqn and appearance and
landscaped areas are in excess of the minimum required.
9. Off-street parkinq:
a. The reduction in off-street parkina is iustified bv the reasonablv
anticipated automobile usaqe by visitors to the subiect propertv; and
b. The availabilitv of transqortation modes other than the automobile.
specificallv that there is access to mass transit within 1,000 feet of the
subiect propertv.
**********
Ordinance No. 8654-15 Page 14
Section 11. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802,
Flexible Standard Development, Community Development Code, be, and the same is hereby
amended to read as follows with subsections re-lettered as appropriate:
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.
Tab/e 2-802. "T" District Flexible Standard Deve/opment Standards
Use Min. Lot Min. Lot Max. Min. Setbacks fk Min. Off-Street
Area �dth Height' Min. Min. Min. Parking
(sq. ft.) (ft.) (ft.) Front Side Rear
ft. ft. ft.
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit
Alcoholic Beverage Sales 5,000 50 35 10— 10 20 5 per 1,000
15 G FA
Attached Dwellings(6) 10,000 100 35-50 10— 10 10— 2 per unit
15 20
Bars 5,000 50 35 15 10 20 10 per 1,000
GFA
Brewpubs 5.000— 50-100 35-50 0-15 0-10 10— 1.5/1.000 GFA
10.000 20 dedicated to
brewerv
operations and
sUppOf�
services; and 7-
12/1.000 GFA
for all other use
area
Governmental Uses(2) 10,000 100 35-50 10— 0-10 10— 3-4/1,000 GFA
° 15 20
Indoor 5,000 50 35-50 0-15 0-10 20 10 per 1,000
Recreation/Entertainment GFA
Medical Clinic 10,000 100 35-50 10— 10 20 5/1,000 GFA
15
Mixed Use 5,000— 50-100 35-50 0-15 0-10 10— Based upon
10,000 20 specific use
re uirements
Nightclubs 5,000 50 35 15 10 20 10 per 1,000
GFA
Non-ResidentialOff-Street n/a n/a n/a 25 5 10 n/a
Parking
Offices 5,000— 50-100 35-50 0-15 0-10 10— 3/1,000 SF GFA
10, 000 20
Outdoor 5,000 50 35 10— 10 20 2.5 spaces per
Recreation/Entertainment 15 1,000 sq. ft. of
lot area or as
determined by
the community
development
director based
on ITE Manual
standards
Ordinance No. 8654-15 Page 15
Overnight Accommodations 20,000 100— 35-50 10— 0-10 10— 1.2 per unit
150 15 20
Parking Garages and Lots 20,000 100 50 15— 10 10— n/a
25 20
Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 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
Facilities(3)
Resort Attached Owellings(6) 10,000 100 35-50 10— 10 10— 1.5 per unit
15 20
Restaurants 5,000— 50-100 35-50 0-15 0-10 10— 7-12 spaces
10,000 20 per 1,000
GFA 5
Retail Plazas 15,000 100 35--50 0-15 0-10 10— 4 spaces per
20 1,000 GFA
Retail Sales and Services 5,000— 50-100 35 - 50 0-15 0-10 10— 4-5 spaces per
10,000 20 1,000 GFA(5)
Social and Community Center 5,000— 50-100 35-50 10— 0-10 10— 4-5 spaces per
10,000 15 20 1,000 GFA
Utility/Infrastructure Facilities(4) n/a n/a n/a 25 10 10 n/a
*********�
Flexibility criteria:
**********
E. Brewpubs.
1. No more than 50 percent of the total qross floor area of the establishment shall
be used for the brewerv function includinq, but not limited to, the brewhouse,
boilina and water treatment areas, bottlina and keQaina lines. malt millinq and
storaae, fermentation tanks, conditionina tanks and servinp tanks;
2. Anv overhead doors shall be located perpendicular to the abuttina streets and
screened from adiacent properties bv landscaped walls or fences.
3. Lot area and width: The reduction in lot area and/or width will not result in a
buildinq which is out of scale with existinq buildinqs in the immediate vicinitv of
the parcel proposed for development.
4. Heiqht: The increased heiqht results in an improved site plan, landscapin4 areas
in excess of the minimum reauired and/or improved desiqn and aqpearance:
5. Front setback: The reduction in front setback results in an improved site plan or
improved desian and appearance.
6. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of anv buildina bv emerqency vehicles;
b. The reduction in side and rear setback results in an improved site plan.
more efficient parkinq or improved desiqn and appearance and
landscaped areas are in excess of the minimum required.
Ordinance No. 8654-15 Page 16
7. Off-street parkinq:
a When located on Clearwater Beach, adeauate off-street parkina is
available on a shared basis as determined bv all existina land uses within
1 000 feet of the parcel proposed for development, or parkinq is available
throuah anv existina or planned and committed parkina facilities or the
shared parkina formula in Article 2, Division 14: or
b The reduction in off-street parkina is iustified bv the reasonablv
anticipated automobile usaqe of visitors to the subiect propertv; and
c The avaifabilitv of transportation modes other than the automobile,
specificallv that there is access to mass transit within 1.000 feet of the
subiect propertv.
8 The desiqn of all buildinqs complies with the Tourist District desiqn quidelines in
Division 5 of Article 3.
**********
Section 12. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803,
Flexible Development, Community Development Code, be, and the same is hereby amended to
read as follows with subsections re-lettered as appropriate:
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.
Tab/e 2-803. "T" District Flexib/e Development Standards
Use Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Street
Area �dth Heighf Front Side Rear Parking
s. ft. ft. ft. � ft. � ft. � ft. �
Alcoholic Beverage Sales 5,000 50 35— 0-15 0-10 10— 5 per 1,000
100 20 GFA
Attached Dwellings(3) 5,000— 50-100 35— 0-15 0-1D 10— 2 per unit
10, 000 100 20
Bars 5,000 50 35— 0-15 0-10 10— 10 per 1,000
100 20 GFA
Brewqubs 5.000— 50-100 35— 0-15 0-10 10— 1.5/1.000 GFA
10.000 100 20 dedicated to
brewerv
operations and
su ort
services: and 7-
12/1,000 GFA
for all other use
area
Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by
Redevelopment Project the community
development
coordinator for
all other uses
based on the
specific use
and/or ITE
Manual
Ordinance No. 8654-15 Page 17
standards
Limited Vehicle Sales and 5,000 50 35— 0-15 0-10 10— 4-5 spaces per
Display 100 20 1,000 GFA
Marinas and Marina Facilities 5,000 50 25 10— 0-10 10— 1 space per 2
15 20 slips
Mixed Use 5,000— 50-100 35— 0-15 0-10 0-20 Based upon
10,000 100 specific use
re uirements
Nightclubs 5,000 50 35— 0-15 0-10 10— 10 per 1,000
100 20 GFA
O�ces 5,000— 50-100 35— 0-15 0-10 10— 3/1,000 SF GFA
10,000 100 20
Outdoor 5,000 50 35 5-15 0-10 10— 2.5 spaces per
Recreation/Entertainment 20 1,000 SQ FT of
lot area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Overnight Accommodations(3) 10,000— 100— 35— 0-15 0-10 0-20 1-12 per unit
20,000 150 100
Resort Attached Dwellings(3) 5,000— 50-100 35- 0-15 0-10 10— 1.5 per unit
10,000 100 20
Restaurants 5,000— 50-100 �5— 0-15 0-10 10— 7-12 spaces
10,000 �89 20 per 1,000
35 - GFA(2)
100
Retail Plazas 15,000 100 35— 0-15 0-10 10— 4 spaces per
100 20 1,000 GFA
Retail Sales and Services 5,000— 50-100 35— 0-15 0-10 10— 4-5 spaces per
10,000 100 20 1,000 GFA(2)
**********
Flexibility criteria:
**********
E. Brewpubs.
1. No more than 50 percent of the total qross floor area of the establishment shall
be used for the brewerv function includina, but not limited to. the brewhouse,
boilina and water treatment areas, bottlinca and keactinq lines, malt millinq and
storaae, fermentation tanks, conditioninq tanks and servina tanks;
2. Anv overhead doors shall be located perpendicular to the abuttin4 streets and
screened from adiacent properties bv landscaped walls or fences.
3. Lot area and width: The reduction in lot area and/or width will not result in a
buildina which is out of scale with existina buildinps in the immediate vicinitv of
the parcel proposed for develoament.
4. Heiqht: The increased heiaht results in an improved site plan, landscapinq areas
in excess of the minimum required and/or improved design and appearance:
5. Front setback: The reduction in front setback results in an improved site plan or
imqroved desian and appearance.
6. Side and rear setback:
OrdinanceNo. 8654-IS Page 18
a. The reduction in side and rear setback does not prevent access to the
rear of anv buildinq bv emerqencv vehicles:
b. The reduction in side and rear setback results in an improved site plan.
more efficient parkinq or improved desiqn and appearance and
landscaped areas are in excess of the minimum reauired.
7. Off-street parkina:
a. When located on Clearwater Beach, adequate off-street parkinct is
available on a shared basis as determined bv all existinQ land uses within
1,000 feet of the parcel proposed for development, or parkinq is available
throuah anv existinca or planned and committed parking facilities or the
shared parkinq formula in Article 2. Division 14; or
b. The reduction in off-street parkinq is iustified bv the reasonablv
anticipated automobile usage of visitors to the subject property: and
c. The availabilitv of transportation modes other than the automobile.
specificallv that the�e is access to mass transit within 1,000 feet of the
subiect propertv.
8. The desic�_n_of_all_buildinas complies with the Tourist District desian auidelines in
Division 5 of Article 3.
**********
Section 13. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code, be, and the same is
hereby amended to read as follows with subsections re-lettered as appropriate:
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. Height (ft.) Min. Off-Street 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
Bars 30-50 3-10 per 1,000 GFA
Brewqubs 30 -50 1/1.000 GFA dedicated to brewery oqerations
and suqport services: and 5-10/1.000 GFA for
all other use area 11)
Communitv Gardens n/a n/a
Ordinance No. 8654-15 Page 19
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment Facility 30-50 3-5 per 1,000 GFA(1)
Mixed Use 30-50 Based upon specific use requirements
Nightclubs 30-50 3-10 per 1,000 GFA
Offices 30-50 1-3 per 1,000 GFA(1)
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 or as determined by the
community development coordinator based on
ITE Manual standards
Places of Worship 30-50 .5-1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5-10 per 1,000 GFA(1)
Retail Plazas 30-50 4 per 1,000 GFA
Retail Sales and Service 30-50 2-4 per 1,000 GFA(1)
Sociai and Community Centers 30-50 2-4 per 1,000 GFA
Utility/Infrastructure Facilities n/a n/a
(1) For those existing buildings/properties with frontage on Cleveland Street that are located
between Osceola Avenue and Myrtle Avenue that have no existing off-street parking
spaces, nor the ability to provide any off-street parking spaces, the use(s) of the
buildings/properties may be changed without the off-street parking that would otherwise
be required for the change of use being provided.
Flexibility criteria:
**********
E. Brewpubs.
1. No more than 50 percent of the total aross floor area of the establishment shall
be used for the brewerv function includina, but not limited to, the brewhouse,
boilina and water treatment areas, bottlina and keaQina lines, malt millinq and
storaqe, fermentation tanks, conditioninq tanks and servina tanks:
Ordinance No. 8654-15 Page 20
2 Anv overhead doors shall be located perpendicular to the abuttina streets and
screened from adiacent properties bv landscaped walls or fences.
3. Off-sfreet parkinp:
a Adeauate off-street parkinq is available on a shared basis as determined
bv all existina land uses within 1,000 feet of the parcel proposed for
development, or aarkinq is available throuah anv existinq or planned and
committed parkina facilities or the shared qarkina formula in Article 2.
Division 14: or
b. The reduction in off-street parkina is iustified bv the reasonablv
anticipated automobite usaqe of visitors to the subiect propertv; and
c. The availabilitv of transportation modes other than the automobile,
specificallv that there is access to mass transit within 1.000 feet of the
subiect proqertv.
4. The desiqn of all accessorv buildinqs complies with the Downtown District desiqn
auidelines in Division 5 of Article 3.
F. Communitv qardens.
1. The desiQn of all accessorv buildinQS complies with the Downtown District desiqn
auidelines in Division 5 of Article 3.
**********
Section 14. That Article 2, Zoning Districts, Division 12, Institutional District, Section
2-1202, Community Development Code, be, and the same is hereby amended to read 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" Disfrict Minimum Development Standards
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-Sfreet
Area �dth (ft.) Front Side Rear Height Parking
(sq. ft.) (ft.)
Assisted Living Facilities 20,000 100 25 10 20 50 1 per 2 residents
Cemeteries 20,000 100 25 10 20 50 n/a
Communitv Gardens n/a n/a 15 5 5 n/a n/a
Congregate Care 20,000 100 25 10 20 50 1 per 2 residents
Educational Facilities 40,000 200 25 10 20 50 1 per 2 students
Governmental Uses 20,000 100 25 10 20 50 4 per 1,000 SF
GFA
Ordinance No. 8654-IS Page 21
Hospitals 5 acres 250 25 25 25 50 2/bed
Nursing Homes 20,000 100 25 10 20 50 1 per 2 residents
Places of Worship 20,000 100 25 10 20 50 1 per 2 seats
Parks and Recreation Facilities n/a n/a 25 10 20 50 1 per 20,000 SF
land area or as
determined by the
community
development
coordinator based
on ITE Manual
standards
Schools 40,000 200 25 10 20 50 1 per 3 students
**********
Section 15. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2-1302, Community Development Code, be, and the same is
hereby amended to read as follows:
Section 2-1302. - Minimum standard development.
The following uses are Level One permitted uses in the Industrial Research and Technology
"IRT" District subject to the minimum standards set out in this section and other applicable
provisions of Article 3.
Table 2-1302. "IRT" District Minimum Development Standards
Use Min. Lot Min. Lot Min. Setbacks ft. Max. Min. Off-Street
Area �dth Front Side/Rear Height Parking Spaces
s . ft ft. ft.
Accessory Dwellings 5,000 50 20 15 50 1/unit
Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF
G FA
Indoor 20,000 200 20 15 50 5/1,000 SF
Recreation/Entertainment(2) GFA or 5/lane,
2/court or
1/machine
Manufacturing(3) 20,000 200 20 15 50 1.5l1,000 SF
G FA
Offices(4) n/a n/a n/a n/a n/a n/a
Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a
use)(5)
Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on the
Ordinance No. 8654-15 Page 22
ITE Manual
standards
Publishing and Printing 20,000 200 20 15 50 3/1,000 SF
G FA
Research and Technology 20,000 200 20 15 50 2/1,000 SF
G FA
Restaurants(6) 10,000 100 20 15 50 12 spaces per
1,000 SF GFA
Self Storage 20,000 200 20 15 50 1 per 20 units
plus 2 for
manager's
office
N/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA
Urban Farms n/a n/a 20 15 50 2 per acre or
fraction thereof
Vehicle Service(7) 20,000 200 20 15 50 1.5/1,000 SF
GFA
Wholesale/Distribution/ 20,000 200 20 15 50 1.5/1,000 SF
Warehouse Facility GFA
**********
Section 16. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2-1303, Community Development Code, be, and the same is
hereby amended to read as follows:
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. "IRT" District F/exib/e Standard Development Standards
Use Min. Lot Min. Lot Min. Setbacks ft. Max. Min. Off-Street
Area �dth Front Side/Rear Height Parking Spaces
s . ft ft. ft.
Animal Boarding 10,000 100 20 15 30 5/1,000 SF
GFA
Automobile Service Stations(1) 20,000 100 20 15 30 4/1000 SF GFA
Major Vehicle Service(1) 20,000 100 20 15 30 4/1000 SF GFA
Manufacturing(2) 10,000 100 20 15 50 1.5/1,000 SF
G FA
Microbreweries 5.000— 50 -100 20 15 50 1.5/1.000 GFA
10.000 dedicated to
brewerv
operations and
supoort
services: and 7-
12/1.000 GFA
for all other use
area
Offices 20,000 200 20 15 50 3/1,000 SF
G FA
Outdoor 40,000 200 20 15 30 1-10/1,000 SF
Recreation/Entertainment(3) Land Area or as
Ordinance No. 8654-15 Page 23
determined by
the community
development
coordinator
based on ITE
Manual
standards
Outdoor Storage 10,000 100 20 15 30 3/1,000 SF
GFA
Parking Lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1-2 per 1,000
GFA
Public Transportation Facilities(4) n/a n/a n/a n/a 10 n/a
Publishing and Printing 10,000— 100— 20 15 50 3/1,000 SF
20,000 200 GFA
Research and Technology 10,000 100 20 15 50 2/1,000 SF
GFA
Residential Shelters(5) 5,000 50 20 15 30 3/1,000 SF
G FA
Retail Sales and Senrices(1) n/a n/a n/a n/a n/a n/a
Restaurants(6) 5,000— 50 -100 20 15 50 7-12 spaces
10,000 per 1,000 GFA
Self Storage 10,000 100 20 15 50 1 per 20-25
units plus 2 for
manager's
office
N/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA
Utility/Infrastructure Facilities(7) n/a n/a 20 15 n/a n/a
Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1,000 SF
Vehicle Sales/Displays(8) Lot Sales Area
Vehicle Service(8) 10,000 100 20 15 50 1.5/1,000 SF
GFA
Veterinary Offices 10,000 100 20 15 30 5/1,000 SF
GFA
Wholesale/DistributionNVarehouse 10,000 100 20 15 50 1.5/1,000 SF
Facility GFA
**********
E. Microbreweries.
1. The parcel proposed for development is not located within 500 feet of a parcel of
land used for qurposes of a place of worship or a public or private school unless
the intenreninq land uses. structures or context are such that the location of the
microbrewerv is unlikelv to have an adverse impact on such school or use as a
place of worship.
2. No more than 75 percent of the total aross floor area shall be used for the
brewerv function includinq, but not limited to, the brewhouse, boilina and water
treatment areas, bottling and kegging lines, malt millina and storaye,
fermentation tanks, conditionina tanks and servinq tanks:
3. Anv overhead doors shall be located peraendicular to the abuttina streets and
screened from adiacent properties bv landscaped walls or fences.
Ordinance No. 8654-15 Page 24
4. Lot area and width: The reduction in lot area and/or width will not result in a
buildinq which is out of scale with existina buildinas in the immediate vicinitv of
the parcel proposed for development.
5. Off-street parkinq:
a. The reduction in off-street parkina is justified bv the reasonablv
anticipated automobile usaae bv visitors to the subiect propertv: and
b. The availabilitv of transportation modes other than the automobile,
specificallv that there is access to mass transit within 1,000 feet of the
subiect propertv.
*********�
Section 17. That Article 3, Development Standards, Division 2, Accessory
Use/Structures, Section 3-201, General, Community Development Code, be, and that same is
hereby amended to read as follows:
**********
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:
**********
12. ���m^+;^^� Community aardens may be allowed as an accessory use and mav be
-' 'r"-"-'
located in front of the principal structure provided that each of the followinct are met:
a. The communitv aarden shall not obstruct access to the primarv use: and
b. The communitv qarden shall not be located within anv required perimeter
landscape buffer, interior landscape area, or foundation plantina area.
13. Exemptions.
a. A two-car detached garage accessory to a detached dwelling shall be exempt
from the percentage requirements specified in section 3-201.B.�6 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. Picnic tables, sheds, water pumps, etc. that are accessorv to a communitv
Qarden shall be exempt from the location requirement specified in section 3-
201.6.4 above.
**********
Section 18. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3-601, Docks, Community Development Code, be, and the same is hereby
amended to read as follows:
**********
C. New docks.
1. Docks, boatlifts and service catwalks that serve single-family or two-family
dwellings.
**********
Ordinance No. 8654-15 Page 25
g. Deviations.
i) The community development coordinator may grant deviations
from the requirements of this section as a Level One (minimum
standard) approval provided that signed and notarized statements
of no objection are submitted from adjacent waterFront property
owners, as well as signed and notarized statements on the
Pinellas County Water and Navigation Control Authority permit
application. In the event that such statements cannot be obtained,
applications for deviations may be approved by the community
development coordinator, provided that the proposed dock will
result in no navigational conflicts. Such deviations may be
approved through a Level One (flexible standard) approval
process based on one of the following:
(a) The proposed dock location needs to be adjusted to
protect environmentally sensitive areas; or
(b) The property configuration or shallow water depth
precludes the placement of a dock in compliance with the
required dimensional standards; however, the proposed
dock will be similar in dimensional characteristics as
surrounding dock patterns.
ii) No dock shall be allowed to deviate from the length requirements
specified in 3-601.C.1.b by more than an additional 50 percent of
the allowable length or project into the navigable portion of the
waterway by more than 25 percent of such waterway, whichever
length is IessLexcept as stipulated in Section 3-601.C.1.a.iii and iv
below. ;,; " �`h.ell 4he lenn4h �f �I�o rinn4_ evt��+�+r1 7�.l1 f�e��
iii) Deviations for dock lenqth in excess of '��� that which is
permitted in 3-601.C.1.a.ii above may be approved through a
Level Two (flexible development) approval process only under the
following conditions:
(a) A dock of lesser length poses a threat to the marine
environment, natural resources, wetlands habitats or water
quality; and
(b) A literal enforcement of the provisions of this section would
result in extreme hardship due to the unique nature of the
project and the applicanYs property; and
(c) The deviation sought to be granted is the minimum
deviation that will make possible the reasonable use of the
applicanYs property; and
Ordinance No. 8654-15
Page 26
(d) The granting of the requested deviation will be in harmony
with the general intent and purpose of this section and will
not be injurious to the area involved or otherwise
detrimental or of adverse effect to the public interest and
welfare.
iv) Docks located on the east side of Clearwater Harbor adjacent to
the mainland may be allowed to deviate from the length
requirements specified in Section 3-601.C.1.b up to a maximum
length equal to 25 percent of the navigable portion of the
waterway.
**********
Section 19. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-903, Required Setbacks, Community Development Code, be, and the
same is hereby amended to read as follows:
Section 3-903. - Required setbacks.
**********
F. Except for driveway access to garages, vehicular cross-access and shared parking, all
of which are regulated by subsection A., above; parking lots shall be set back from front
property lines a distance of 15 feet, and shall be set back from all other property lines a
distance that is consistent with the required perimeter landscape buffer width.
1. While perimeter landscape buffers are not required in the Tourist (T) District, the
above referenced setback shall be based upon Section 3-1202.D.1., or at a
dimension consistent with the existing/proposed building setback, or at a
dimension consistent with setbacks required or otherwise established by Beach
by Design, whichever is less.
2. As perimeter landscape buffers are not required in the Downtown (D) District,
compliance with the above provision is not required. However, compliance with
the applicable Design Guidelines as set forth in the Cleanivater powntown
Redevelopment Plan must still be achieved.
3. Exceptions. Those setbacks to parkina lots established above may be modified
as part of a Comprehensive Landscape Proqram pursuant to the criteria set forth
in Section 3-1204.G.
�4. This subsection is not applicable to detached dwelling uses where parking lots
are not permissible. The applicable provisions of Article 3, Division 14 would
apply.
**********
Section 20. That Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, Section 3-1202, General Landscaping Standards, Community Development Code,
be, and the same is hereby amended to read as follows:
Ordinance No. 8654-15 Page 27
***�******
B. Plant material specifications. Except as provided in subsection �} 8 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 (at installation) ^"�TT OTHER REQUIREMENTS
Shade 10' height �� � � �
Tree 2.5" caliper �e-#�- �^ �+�"��c�+., ,� .+reFerrerl ,,.,_,
+��eaes�►�
All materials shall be Florida Grade #1, and
�--Al�s� be planted a minimum of five feet from
any impervious area.
} M.+II he .+4 .+ � e e ...hinh evhihi4�
uc............. ,.� _' � _r_-'-- '-'.._.. - -
Accent 8' height €lefi�a 2 accent trees = 1 shade tree; unless overhead
Tree 2" caliper 6Fa�e-#� lines are unavoidable; no more than 25% of
required trees may be accent trees. All
materials shall be Florida Grade #1.
Palm 10' clear trunk We�a Can be used to satisfy 75% of tree
Tree 6Fa�e-#�4 requirements on Beach, Sand Key & Island
Estates, 25% elsewhere in the City. Staggered
clusters of 3 palm trees = 1 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 1:1 ratio. All materials shall
be Florida Grade #1.
Shrubs A.) 18-24" in height when used in a€aeti�a
perimeter buffer - planted every 36", 6�ade-#� ,
(measured from the center of the
shrub) providing a 100% continuous
hedge which will be 36", high and
80% 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 1 gallon minimum - planted a €ae�ida Encouraged in lieu of turf to reduce irrigation
Cover maximum of 24" O.C. 6fad� needs.
Turf N/A 8�e�� Turf areas should be consolidated and limited
�� to areas of pedestrian traffic, recreation and
�afiet�es erosion control, and shall be a drouqht tolerant
s�ecies.
Ordinance No. 8654-15 Page 28
2. Exception for sinqle-family detached and two-familv attached dwellinqs: The
above size reauirements with reqard to shade trees and accent trees shall not be
applied to sinale-familv detached dwellinas and two-familv attached dwellings.
For those uses shade trees shall have minimum heiqht of eiqht feet and
minimum caliper of two inches. and accent trees shall have minimum heiaht of
six feet and minimum caliper of one inch.
�3. 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.
�. RI�Tt�}a�erial��.,u�#�9S�WhFE#-�,�„�o � + i ri •a �,�
�Qrl�(�.�i? £riand�i��wl'1�lYlw*�Gfj1 '�'�."'��l""Irf.� ��I'l���l �ITTPOffCJ e�G�FG1"l•7TiCGTJ
1
4. All plants shall be healthv, free of diseases and qests, and a native or a non-
invasive plant naturalized to Central Florida. Plants recommended in the Guide
of the Southwest Florida Water Manaqement District. Florida Native Plant
Societv, Florida Yards.ORG. University of Florida or other entitv as approved bv
the Communitv Development Coordinator shall be used.
45. A minimum variety of tree species shall be provided: each species shall provide a
minimum of ten percent of the total number of trees.
` � ' �'i�ta� t�o af'T'rees � �' , ;
Min�m�m: No of. Species
�_ _ _
1-9 1
10-19 2
20-29 3
30-49 4
50—over 5
56.
�°°,.,"°�° �^ +"° ^��,. Those species listed within Cateporv I of the Florida Exotic
Pest Plant Council's most recent List of Invasive Plant Sqecies will not be
accepted as a landscape material and shall not be permitted to be installed.
7. While all citrus sqecies of trees mav be planted, thev will not be accepted as a
landscaqe material to meet landscaoe reauirements.
&8. 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
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.
C. Irrigation.
For multifamily and nonresidential properties an automatic permanent irrigation
system 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 the landscaping in a healthy growing condition.
Ordinance No. 8654-15 Page 29
2. If a single-family dwelling is required to install landscaping and an irrigation
system 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
include a backflow preventer at the service connection.
4. All irrigation systems shall be installed so as to minimize spray upon any
impervious surface, such as sidewalks and paved areas.
5. All irrigation systems shall include a rain sensor/shut off device to avoid irrigation
during periods of sufficient rainfall.
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.
8 Low volume drip emitter or taraet irriqation shall be used for trees, shrubs and
qroundcovers unless phvsicallv impossible to install.
9 Turf prass areas shall be irriaated on separate irrigation zones from tree, shrub
and aroundcover beds.
10 Retained trees shrubs and native plant communities shall not be reauired to be
irriaated unless directed to do so bv the communitv development coordinator.
D. Perimeter buffers. Except in the downtown or tourist districts, excluding the Old Florida
District where landscaping requirements are defined in Beach By Design: A Preliminary
Design for Clearwater Beach and Design Guidelines, 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:
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Ordinance No. 8654-15 Page 30
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2. Perimeter wal/s/fences within landscape buffers.
a In addition to the above perimeter landscapina reauirements, a decorative
perimeter wall or PVC fence that is six-feet in heiaht shall be reauired and
located adiacent to that portion of the propertv line of the non-residential
use which is directiv adiacent to anv propertv desianated as residential in
the zonina atlas. The wall or PVC fence shall have onlv those openin4s
as reauired to meet hurricane or severe storm construction standards. or
pedestrian wavs necessarv for neiqhborhood connectivitv.
b Exceptions: An exception to the above perimeter wall/fence reauirement
mav be permitted pursuant to the processina and aqproval of a Level
One (Flexible Standard) application, where the wall would be redundant
to a wall alreadv in existence on the adiacent propertv, or where the wall
would have a demonstrablv neaative impact on the adiacent propertv.
�3. 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.
34. Notwithstanding the provisions in subsection (1) above, any parcel of land
subject to the provisions of this division, which exceeds one acre in size, shall
have a minimum perimeter buffer width of ten feet.
45. Nofinrithstanding 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
Ordinance No. 8654-15 Page 31
�
topographic conditions or where other unique circumstances exist, such as
swales, which merit special landscaping treatments.
6 Plantinas associated with communitv aardens cannot be counted toward meetinq
the perimeter landscapinq requirements.
Interior landscaping.
1. Minimum interior landscaping standards — parking lots: Landscaping for the
interior of parking lots shall be provided in accordance with the following #a�le:
a. Required interior islands.
1. 10% of aross vehicular use area or 12% of qross vehicular area if
parkin4 spaces are areater than or eaual to 110% of required
parkinq shall be provided in an island.
2. Interior islands shall be incorporated into parkinq lot desians so
that no more than 20 parkinq spaces are provided in a row.
b Depth of interior islands. All interior landscaqe islands shall have a
minimum depth that is consistent with the depth of the adiacent off-street
Qarkina sqace.
c Width of interior islands. All interior landscape islands shall have a
minimum width of 17 feet as measured from back of curb to back of curb.
d. Reauired trees/alanfs in interior islands.
1. One shade tree, or accent/palm eauivalent, shall be provided in
each interior landscape island.
2. One shade tree. or accenUpalm equivalent, shall be provided per
150 sauare feet of reauired areenspace.
3 Shrubs shall be provided in an amount to eaual or exceed 50% of
the required ctreensqace.
4. Groundcover shall be utilized for reauired areenspace in-lieu of
turf.
e Plantinas associated with communitv aardens cannot be counted toward
meetina the interior landscapina repuirements.
f Exemption If the paved vehicular use area has a sauare footape of less
than 4 000, then it shall be exempt from the above requirements.
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Ordinance No. 8654-IS Page 32
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2. Foundation plantings shall be provided for 100 percent of a building fa�ade 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 fa�ade 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. Plantinas associated with communitv Qardens
cannot be counted toward meetina a foundation plantina reauirement.
******«***
H Tree inventorv. All tree inventories shall be performed bv a certified arborist, and shall
complv with the followina:
1 Tree evaluation qrades. The followina aradina svstem shall be utilized to
evaluate existin4 trees and to indicate whether the tree is worthv of preservation
and/or removal:
�ra'd� ��v�lii "t%n��"r` n �
0 Dead: removal is reauired
1 Poor (nearlv dead and/or hazardous); removal is repuired
2 Below averaae (declinina, diseased, qoor structure, potential hazard):
— removal is re uired
3 Average (minor problems. minor decline, minor tiq die back, minor
— inclusion � roblems can be corrected� worth of reservation
4 Above averaae (healthv tree with onlv minor problems); worthv of
— reservation
5 Outstandin4 (verv healthv): shall be preserved
6 Sqecimen (unique in size, aae, exceqtional auality); shall be
— reserved
2. Taqs. For sites preater than or eaual to one acre in size, all trees snau be taqqed
with aluminum taqs and aluminum nails, or other method specificallv approved bv
the communitv development coordinator. The taa numbers must correlate to the
numbers in the tree inventorv.
3. Off-site trees. All tree inventories shall include off-site trees up to 25 feet awav
from the propertv line of the subject propertv.
Ordinance No. 8654-15 Page 33
Section 21. That Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, Section 3-1205, Tree Protection, Community Development Code, be, and the same
is hereby amended to read as follows:
A. Removal permit — Required. No person may remove or cause to be removed any
protected tree or any palm with a ten-foot clear and straight trunk without first having
procured a permit as provided in Article 4, Division 12, with the noted exception of all
citrus species of trees which do not reQUire a permit for removal.
**********
D. Tree and pa/m requirements and replacements. Tree and palm replacements shall be in
compliance with Section 3-1202.B. and the following:
1. Attached dwellings and non-residential prope►ties. The total amount of DBH
removed from a multi-family or non-residential site shall be replaced on an inch-
for-inch basis.
2. Single-family detached dwelling and two-family attached dwelling properties. �e
fnll���iinn ch�ll nnvorn 4ho minirr���m n mL�e� �f 4re»c. }h'+� e�l�.+ll he ren��i�viJ .�
c�^^'° {�^��'., ^� �.,^ E^m�'., '^+. The total amount of DBH removed from sinple-
familv detached dwellina or two-familv attached dwellina properties (e.4. lot.
subdivision) shall be replaced on an inch-for-inch basis. or such deficit shall be
met bv pavinq a fee of $48.00 per inch of DBH to the tree bank. However, the
number of trees on sinple-family detached dwellinQ or two-family attached
dwellina properties (e.q. lot, subdivision) shall not be less than as follows unless
otherwise determined bv the Communitv Development Coordinator to be
unfeasible or phvsicallv impossible:
**********
Section 22 That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1403, Parking Lot Surfaces, be, and that same is hereby amended to read as follows:
*******«**
B. Grass surface.
1. No parking, displaying, or storing of motor vehicles shall be permitted on any
grass or other unpaved area unless specifically authorized in this section.
2. Eighty-five percent of parking required for places of worship, outdoor recreational
facilities and other uses as determined by the community development
coordinator may have a durable grass or other permeable surface.
3. Communitv aardens mav provide parkina spaces on the qrass, provided that the
qrass parkinca areas are clearlv identified, dedicated and maintained in a clean
and un-deteriorated manner.
�4. The city manager or the community development coordinator may permit parking
on the grass or other permeable surface for public purpose needs.
5. Anv ctrass qarkina areas must be a minimum of ten feet from anv tree.
Ordinance No. 8654-15 Page 34
Section 23 That Article 3, Development Standards, Division 21, Temporary Uses,
Section 3-2103, Allowable Temporary Uses, be, and that same is hereby amended to read as
follows:
Section 3-2103. - Allowable temporary uses.
Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level
One approval in accordance with the provisions of Article 4, Division 3 as well as the specific
criteria pertaining to each temporary use:
**********
N. Temporary emerqencv housina.
a. Al1r��u�+L+le wi4hin �II �nninn rlic#rin�
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nr.+virl�rl �hr.�i ve4 fhe f�lln���iefts_r.+r.�.i nFc�
Pr'1777QG.. .....s� ....u.�. ....� .......... .� .�.,�.....,.....�..��.
F�i��*..�5 f^�acef ^—�.,;��a^�,,.�u�;�ewaef� -�FR�s��tlsh seFif+ses af�-Re�
�
1. Upon declaration of a state of housinq emeraencv bv the either the Pinellas
County Board of County Commissioners, or the City of Clearwater Citv Council.
those provisions set forth in the Pinellas Countv Code with re4ard to emerctencv
housina shall be applicable in those areas encompassed bv the declaration.
********«*
Section 24 That Article 3, Development Standards, Community Development Code,
is amended to add Division 26, Community Gardens, to read as follows:
DIVISION 26. COMMUNITY GARDENS AND URBAN FARMS
Section 3-2601. Pu�pose and intent.
It is the purpose and intent of this division to establish appropriate standards which allow for
communitv aardens and urban farms, while mitiqatina anv associated undesirable impacts.
Communitv aardens and urban farms mav create impacts which can be detrimental to the
gualitv of life of adiacent aroqertv owners.
Section 3-2602. Operational reauirements.
A. Maintenance.
Ordinance No. 8654-15 Page 35
1. The proqertv shall be maintained in an orderly and neat condition consistent with
City qropertv maintenance standards. No trash or debris shall be stored or
altowed to remain on the qropertv.
2. Tools and supplies shall be stored indoors or removed from the qropertv dailv
3. Larae power tools (e.q., mowers. tillers) shall be stored at the rear of the
ro e
4. Veaetative material (e.a.. compost). additional dirt for distribution and other bulk
supplies shall be stored to the rear or center of the propertv shall be kept in a
neat and orderlv fashion and shall not create a visual bliaht or offensive odors.
5. The communitv qarden or urban farm shall be desiQned and maintained to
prevent anv chemical pesticide. fertilizer or other qarden waste from draininq off
of the propertv.
6. For the health and safetv of all area residents. svnthetic chemical fertilizers
herbicides. weed killers. insecticides. and pesticides are not permitted in
communitv ctardens. Herbicides and insecticides made from natural materials are
permitted, but are to be used saarinalv and with caution. Pesticides and
fertilizers mav onlv be stored on the propertv in a locked buildinq and must
complv with anv other applicable reauirements for hazardous materials.
B. Sa/e of produce and a/ants. A communitv aarden is not intended to be a commercial
enterprise. The produce and horticultural plants qrown in a communitv aarden are not
intended to be sold wholesale nor offered for sale on the qremises.
C. Eauipment. Mechanical eauipment used in the oaeration of a communitv aarden or
urban farm shall be limited to the followina:
1. Communitv qardens.
a. Push mowers desiQned for aersonal household use.
b. Hand-held eauipment desianed for personal household use.
2. Urban farms.
a. Ridinq/push mowers desianed for personal household use.
b. Hand-held tillers or edaers that may be aas or electricallv powered
c. Other hand-held eauipment desianed for personal household use that
creates minimal impacts related to the operation of said equipment
includinq noise. odors and vibration.
D. Accessorv structures. All accessorv structures includina but not limited to picnic tables
sheds. and water pumps, shall complv with the reauirements of the zonina district and
the applicable provisions of Article 3. Division 2.
E. Parkinq. Communitv aardens are not reauired to provide off-street aarkina� however off-
street parkina mav still be provided All off-street parkinq shall be arass parkina and
shall be provided consistent with the applicable provisions of Section 3-1403 B
F. Trash. The qropertv owner shall coordinate the location and tvae of trash container
used on the site with the Department of Solid Waste. Trash containers shall be located
in the least obtrusive location possible.
Section 3-2603. Establishment.
Ordinance No. 8654-15
Page 36
A. Applications for communitv gardens or urban farms shall be processed as a Level One
approval (minimum development standards).
B. Applications shall include the contact information for the qarden coordinator who shall be
responsible for the manaaement of the communitv qarden or urban farm. The apqlicant
shall be resaonsible for notifvinq the Citv of anv updated contact information for the
garden coordinator.
C. Anv communitv Qardens or urban farms that are aroposed to be located within 1 000 feet
of a potable water supplv well, shall obtain a wellhead arotection permit in accordance
with the apqlicable provisions of Code of Ordinances Chaater 24 Article III Section
24.63.
D. Uaon the establishment of the communitv aarden or urban farm the applicant qarden
coordinator. or desiQnee shall have installed on the subiect propertv and maintain a
postinct of the contact information for the communitv aarden or urban farm This postina
shall not exceed four sauare feet in size.
Section 25 That Article 4, Development Review and Other Procedures, Division 6,
Level Three Approvals, Section 4-604, Annexation, Community Development Code, be, and the
same is hereby amended to read as follows with subsections re-lettered as appropriate:
********«*
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 or existing development, if any, is consistent with city regulations.
&5. The terms of a proposed annexation agreement, if any, promotes the city's
comprehensive plan.
F. Standards for noncontiquous annexation. In considerina whether to annex a particular
parcel of propertV that is not contiquous to citv limits the citv shall consider the extent to
which:
1. The proposed annexation meets the definition of an enclave as defined in
Section 171.031(13)(a), Florida Statutes.
2. The proposed annexation meets the definition of noncontiauous as defined in
Section 171.031(11), Florida Statutes.
3. The qroposed annexation is voluntarv throuqh the submission of a petition for
annexation by the current propertv owner.
4. The proposed annexation is not an existina aareement to annex
5. The proposed annexation will impact citv services
6. The proposed annexation requires a chanqe in the land use classification and
zonina cateqorv assiqned to the property and the justification for such chanqe
Ordinance No. 8654-15 Page 37
7. The aroaosed or existina development, if anv is consistent with the citv
reaulations.
8. The terms of a aroposed annexation apreement if anv qromotes the citv's
comprehensive plan.
�G. Impact fees. The annexation of property by city council shall not be effective until the
owner of the property to be annexed has paid applicable impact fees to the city.
Section 26. That Article 4, Development Review and Other Procedures, Division 7,
Subdivisions/Plats, Section 4-702, Required Approvals, Community Development Code, be, and
the same is hereby amended to read as follows:
Section 4-702. - Required approvals.
If plat approval is required, approval is obtained in finro 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 (flexible standard) 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 � Cit�
Council 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 �equired, final plat approval must be obtained before a building permit may be
issued.
Section 27. That Article 4, Development Review and Other Procedures, Division 10,
Sign Permit, Section 4-1002, Permit Required, Community Development Code, be, and the
same is hereby amended to read as follows:
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 �—� 3-1806.
Section 28. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, Community Development Code, be, and the same is hereby amended to read as
follows:
«******«**
Apuaponic svsfems means the svmbiotic propaaation of qlants and fish in an indoor
constructed and recirculatinp environment. For the purposes of this Code an aauaponic
svstem shall constitute an urban farm.
*******«**
Ordinance No. 8654-15
Page 38
Breweries means establishments with an annual beer qroduction of between 15.000 and
6,000.000 barrels. A brewerv mav include a taqroom as an accessorv use. For the qurposes of
this Code. a brewerv shall constitute a manufacturinq use.
Brewpubs means establishments that are primarilv a restaurant or bar. but which include the
brewina of beer as an accessorv use. A brew pub produces onlv enouQh beer for consumption
on the qremises or for retail carrvout sale in containers commonlv referred to as qrowlers which
hold no more than a U.S. pallon (3,785 ml/128 US fluid ounces). Brewpubs mav sell beer in an
unlimited number of ke4 containers larqer than a U.S. qallon for special events the arimarv
purpose of which is the exposition of beers brewed bv brewpubs and microbreweries which
include the qarticipation of at least three such brewers: and for Citv co-sponsored events where
the purpose of the event is not for commercial profit and where the beer is not wholesaled to the
event co-sponsors but is instead. dispensed bv employees of the brewpub
**********
Communitv qardens means a use of propertv where more than one c�erson qrows qroduce
and/or horticultural alants for their aersonal consumption and eniovment for the consumqtion
and eniovment of friends and relatives and/or donation to a not for profit oraanization
Communitv aardens mav also be desiqned for beautification of the communitv and/or mav be
used for educational aurposes.
**********
Hvdroponic svstems means the proqaaation of alants usina a mechanical svstem desiqned to
circulate a solution of minerals in water with limited use of arowina media For the purposes of
this Code, a hvdroponic svstem shall constitute an urban farm.
**********
Microbreweries means establishments that are primarilv a brewerv which aroduce no more
than 15.000 barrels (465,000 US aallons/17.602.16 hectoliters) of beer per vear and includes
either a restaurant. bar or taproom as an accessorv use. Microbreweries sell to the aeneral
public bv one or more of the followinq methods: the traditional three-tier svstem (brewer to
wholesaler to retailer to consumer)� the finro-tier svstem (brewer actinq as wholesaler to retailer
to consumerl: and. directiv to the consumer for consumption on the premises or for retail
carrvout sale. For the purposes of this Code micro-distilleries and micro-wineries shall
constitute a microbrewerv.
Micro-distilleries means estabtishments that are qrimarilv a distillerv which produce no more
than 75,000 US aallons of distilled sairits per year and includes either a restaurant bar or
tastina room as an accessonr use. For the purposes of this Code micro-distilleries shall
constitute a microbrewerv.
Micro-wineries means a facilitv that uses arapes from outside sources instead of its own
vinevard to produce wine in auantities not to exceed 2 000 barrels per vear and includes either
a restaurant. bar or tastina room as an accessorv use For the purposes of this Code micro-
wineries shall constitute a microbrewerv.
*�********
Ordinance No. 8654-15 Page 39
Retail plazas means a building or group of buildings on the same property or adjoining
properties, but operating as and/or presenting a unified/cohesive appearance and generally but
not necessarily under common ownership and management, and which is partitioned into
separate units that utilize a common parking area, and is designed for a variety of
interchangeable uses including governmental, indoor recreation/entertainment, office,
restaurant, retail sales and service, and social/community center. In addition, bars, brewpubs,
medical clinics, nightclubs, and places of worship may also be incorporated into retail plazas
subject to their approval through the applicable Level One (Flexible Standard Development) or
Level Two (Flexible Development) approval process and meeting their respective flexibility
criteria.
**********
Taproom means a room that is ancillarv to the production of beer at a brewerv, microbrewerv
and brewqub where the public can purchase and/or consume alcoholic beveraQes.
Tastinq room means a room that is ancillarv to the production of spirits at a micro-distillerv
where the public can qurchase and/or consume the spirits.
*****«****
Urban farms means a use of propertv where the prowina, washina, packaQinq and storaqe of
produce and/or plants for wholesale or retail sales occurs. For the puraoses of this Code, an
aauaqonic or hvdroponic svstem shall constitute an urban farm.
**********
Section 29. That Appendix A– Schedule of Fees, Rates and Charges, V., Buildings
and Building Regulations, Community Development Code, be, and the same is hereby
amended to read as follows:
**********
(2) Fee schedule. In the case of reviews, inspections and similar activities associated with
building and related codes requiring a permit, the following schedule of fees shall apply:
**********
Si) Tree removal permits:
1. Permit fee:
a. For removal of 1-5 trees .....15.00
b. Per tree over 5.....3.00
2. Fee for appeal followina denial of permit .....25.00
3. Reinspection fee, per additional insqection .....25.00
4. Special insqection fee .....25.00
5. These fees shall be paid prior to the issuance of permits and such fees
shall be nonrefundable.
6. The above fees mav be waived bv the communitv development
coordinator, but onlv when in coniunction with a qublic water/sewer
proiect on private propertV.
**********
Ordinance No. 8654-IS Page 40
0
Section 30. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 31. 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 32. 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 33. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 34. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo Soto
Assistant City Attorney
Ordinance No. 8654-I S
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
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