TA2015-00001MEETING DATE:
AGENDA ITEM:
CASE:
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Apri121, 2015
G.1.
TA2015-00001
ORDINANCE NO.: 8715-15
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:
The Planning and Development Department has regularly reviewed the Code as it applies to certain proposed
development. Staff has provided input toward improving the Code based on how staff has experienced the
Code's application toward various circumstances. City staff developed a list of existing Community
Development Code (CDC) provisions that should be amended in order to better reflect City development
patterns, improve internal processes, and improve consistency with the Comprehensive Plan, Countywide
Rules, and Florida Statutes.
ANALYSIS:
Proposed Ordinance No. 8715-15 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.
l. Section 1.12, Code of Ordinances [page 2 of OrdinanceJ
The proposed amendment clarifies that the enforcement of civil infractions shall apply not only to those
ordinances contained within the Code of Ordinances, but also the Community Development Code.
2. Appendix A, Code of Ordinances [page 2 of OrdinanceJ
This amendment deletes a prohibition on gun sales as a home occupation. The information contained in
this subsection will be relocated into Appendix A of the CDC. This amendment is necessary in order to
bring about consistency with Florida Statutes, which specifically permits such a use.
3. Environmental Park [pages 3, 10 and 17 of OrdinanceJ
The proposed amendment adds environmental parks as a permissible use in the Preservation (P) District
as well as establishing a definition for what constitutes an environmental park, and generally defines it as
a park with recreational activities that typically are dependent on natural resources and a natural outdoor
environment. The addition of this use to the CDC is to accommodate parks such as Moccasin Lake Park.
4. Non-Residential Off-Street Parking [pages S, 6 and 8 of OrdinanceJ
The proposed amendment adds a footnote to the Flexible Development tables in the LMDR and MDR
Districts and the Flexible Standard Development table in the T District. The footnote, which requires
non-residential off-street parking lots in excess of three acres to have a land use plan map amendment to
9��1 TYtili.i Community Development Code Text Amendment PL^rrx�NG $°EV�LOPr'¢r'T
- DEVEIAPMENT REVIEW DIVISION
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an appropriate land use category. The inclusion of this footnote was necessary to provide consistency
with the Countywide Plan Rules.
5. Brewpubs and Microbreweries [pages 6, 7 and 9 of OrdinanceJ
The proposed amendment modifies the flexibility criteria for brewpubs and microbreweries in all districts
where they are permissible to clarify the intent that overhead loading doors are to be perpendicular to
abutting streets rather than all overhead doors. This is what was intended when Ordinance 8654-15 was
adopted; however the text was not as clear as intended.
6. Fences and Walls [page 10 of OrdinanceJ
The proposed amendment increases the maximum allowable height for a fence or wall located in front of
a principal structure from three feet to four feet. This amendment is intended to make it easier for the
general public to acquire fencing that meets Code as fencing is substantially less common at three feet in
height than four feet.
7. Off-Street Loading [pages 10 and 11 of OrdinanceJ
The proposed amendment replaces the generic term of "industrial" with uses that are specific to those set
forth in the Code (light assembly, manufacturing, microbreweries, research and technology, and
wholesale/distribution/warehouse facility. The amendment also adds brewpubs to the category already
including restaurants, and retail sales and services.
8. Handicap Parking Spaces [pages I1 and 12 of OrdinanceJ
The proposed amendment adds an exception to allow those properties that are already developed, but not
in compliance with the established handicap accessible parking provisions to achieve compliance by
reducing the number of "standard" off-street parking spaces below the quantity that would otherwise be
required. The amendment would not permit the number of off-street parking spaces to be reduced further
than is necessary to achieve compliance.
9. Illuminated Signs �page 12 of OrdinanceJ
The proposed amendment is intended to address concerns that awning signs cannot be illuminated, and
the amendment clarifies that awnings with signage shall not be prohibited from being externally
illuminated.
10. Public Notice [pages 12-14 of OrdinanceJ
The proposed amendment modifies the responsibility of providing notice on development applications
from the City to the applicant, as well as modifying some aspects as to how that nofice is conveyed.
Notice for Level One, Flexible Standard Development applications shall continue to be done by mail
only. Notice for Level Two, Flexible Development applications would be provided by mail and by
posting a sign on-site (new) with advertisement in the newspaper no longer required. Notice for Level
Three applications would also continue to be by publication of notice in the newspaper, by mail, and by
posting a sign on-site. It is noted that notice for annexation and historic designation applications would
continue to be provided by the City.
The Planning and Development Department as well as the Official Records and Legislative Services
Department have surveyed several other municipalities regarding their notification procedures and
processes and have found that what is being proposed through this ordinance to be common pracfice.
Staff has not found that the transfer of notification responsibility would be problematic in any way.
Community Development Board — April 21, 2015
TA2015-00001— Page 2
���L.ii�l rYt4t�� Community Development Code Text Amendment PLANNING& DEVELOPMENT
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11. Tree Removal Permit [pages 1 S and 17 of OrdinanceJ
The proposed amendment clarifies a requirement of the tree removal permit for multi-family and non-
residential properties with regard to the preparation of a tree inventory. The inventory would be required
to depict all shade trees (four inches DBH and greater), all accent trees (two inches DBH and greater),
and any other tree that was part of an approved landscape plan; whereas the currently only "all trees four
inches DBH and greater" are required to be depicted. The existing version of this language leaves out
many trees that may exist on-site, including many trees that are required by Code to be on-site, and this
amendment will correct that error. The amendment also revises the definition of protected tree to be
consistent with the above.
12. Nonconforming Affordabte Housing �pages 1 S and 16 of OrdinanceJ
The proposed amendment provides for an exemption for nonconforming structures used for affordable
housing. The exemption would allow such structures to be repaired in excess of the otherwise maximum
threshold of 50 percent of the assessed value of the entire structure without having to be made fully
compliant with all aspects of the Community Development Code, and would also provide that the
structure could be rebuilt if damaged or destroyed in excess of 50 percent of its assessed value. The
exemption would require the satisfaction of certain criteria, including having the effect of reducing the
number of nonconforming features of the structure or site or of reducing the degree of nonconformity of
one or more non-conforming features of the structure or site. This amendment implements a
recommendation from the 2014 Local Housing Incentives Strategy Update.
13. Enforcement Proceedings and Penalties [pages 16 and 17 of OrdinanceJ
The proposed amendment modifies the fine commencement date for repeat violations from being the date
the notice was issued to being the date the repeat violation was found to have occurred. The amendment
also modifies the fines that pertain to the illegal removal or damaging of protected trees from a dollar
amount computed from the International Society of Arboriculture shade tree value formula (which cannot
be used when the tree has already been removed) to $48 per inch of DBH (or diameter of remaining
stump), up to $5,000 per protected tree or palm. Further, the illegal removal of a specimen tree would be
subject to a fine of up to $15,000.
14. De�nitions [page 17 of OrdinanceJ
■ Dwelling unit — modifies the definition for what constitutes a dwelling unit by including the provision
of sanitation into the definition.
■ Medical clinic — modifes the definition for what constitutes a medical clinic by removing language
pertaining to having two or more doctors, and would now specifically exclude psychologists, social
workers, massage therapists and physical therapists.
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.
Community Development Board — Apri121, 2015
TA2015-00001 — Page 3
3 j'`� t�f�t+�}
: 1u�i,��t1 Tiitl�� Community Development Code Text Amendment PLANNING& DEVELOPMENT
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A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies
which will be furthered by the proposed Code amendments:
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.
Objective C.1.2 The City of Clearwater shall continue to provide assistance and incentives for the
development of housing that is affordable to very low, low, and moderate income
households, including those with special needs, consistent with the level of growth in
these income categories.
Objective C.1.4 Continue to provide zoning and land use regulations that allow for the development
and redevelopment of affordable housing in stable neighborhoods.
The proposed amendments are, for the most part, intended to make various clarifications or corrections to
both the Code of Ordinances and the Community Development Code. However, the proposed
amendments will also further the tree protection standards of the City by providing more thorough tree
removal permit requirements and more effective fines. The amendment will also remove barriers to the
redevelopment of existing/nonconforming affordable housing stock. As such, the above referenced
objective 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
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).
■ It is the further purpose of this Development Code to make the beautification of the city a matter of
the highest priority and to require that existing and future uses and structures in the city are attractive
and well-maintained to the maximum extent permitted by law (Section 1-103.D., CDC).
■ Protect and conserve the value of land throughout the city and the value of buildings and
improvements upon the land, and minimize the conflicts among the uses of land and buildings
(Section 1-103. E.3., CDC).
■ Preserve the natural resources and aesthetic character of the community for both the resident and
tourist population consistent with the city's economic underpinnings (Section 1-103.E.5., 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).
Community Development Board — April 21, 2015
TA2015-00001 — Page 4
���! �1'�t��� Community Development Code Text Amendment PLANNING & DEVELOPMEM
u . ,.. ,_, .,�. -: ,._"� . . ;���'.>.,.,,_,F,:. . . . _ __ . DEVELOPMENTREVIEW DIVIS;ON
The amendments proposed by this ordinance will further the above referenced purposes by implementing the
Goals, Objectives and Policies of the Comprehensive Plan; by improving public notice procedures; by
establishing new permissible use (environmental park); by furthering the tree protection standards of the City
through more thorough tree removal permit requirements and more effective fines; and by improving the
supplemental regulations for fences/walls, off-street loading, handicap parking, and signs.
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. 8715-15 that amends the Code of Ordinances and the Community
Development Code.
�_ �
�
Prepared by Planning and Development Department Staff: ` ' + � f
Robert U`'. Tefft,
Development Review Manager
ATTACHMENTS: Ordinance No. 8715-15
Community Development Board — Apri121, 2015
TA2015-00001 — Page 5
Ro6ert G. Tefft
100 South Myrtle Avenue
Clearwater, FL 33756
(727) 562-4539
ro bert.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 Cleanvater, 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
City 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. 8715-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES;
AMENDING APPENDIX A- SCHEDULE OF FEES, RATES AND
CHARGES, XXVII, BUSINESS TAX, TO REMOVE ERRONEOUS
INFORMATION; AND BY MAKING AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2,
CHART 2-100, TO ADD ENVIRONMENTAL PARK AS A PERMITTED
USE; AMENDING ARTICLE 2, SECTIONS 2-204, 2-304 AND 2-802, TO
ADD A FOOTNOTE PERTAINING TO NON-RESIDENTIAL OFF-
STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2-703,
2-704, 2-802, 2-803, 2-902 AND 2-1303, TO MODIFY A CRITERION
FOR BREWPUBS AND/OR MICROBREWERIES; AMENDING ARTICLE
2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE
AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING
ARTICLE 3, SECTION 3-804, TO INCREASE MAXIMUM FENCE
HEIGHT; AMENDING ARTICLE 3, SECTION 3-1406, TO MODIFY OFF-
STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3,
SECTION 3-1409, TO ALLOW FOR A LOSS OF PARKING SPACES
WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING
SPACES; AMENDING ARTICLE 3, SECTION 3-1805, TO MODIFY
ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE 4, SECTION
4-202, TO CHANGE THE NOTICE RESPONSIBILITY, DISTANCE AND
CONTENT FOR LEVEL ONE APPLICATIONS; AMENDING ARTICLE 4,
SECTION 4-206, TO CHANGE THE NOTICE RESPONSIBILITY AND
PROCEDURES FOR LEVEL TWO AND THREE APPLICATIONS;
AMENDING ARTICLE 4, SECTION 4-1202, TO MODIFY
REQUIREMENTS PERTAINING TO THE PREPARATION OF TREE
INVENTORIES; AMENDING ARTICLE 6, SECTION 6-102, TO PROVIDE
AN EXCEPTION FOR AFFORDABLE HOUSING; AMENDING ARTICLE
7, SECTION 7-103, TO MODIFY LANGUAGE PERTAINING TO
VIOLATIONS AND FINES; AMENDING ARTICLE 8, SECTION 8-102, TO
MODIFY THE DEFINITIONS FOR DWELLING UNIT, MEDICAL CLINIC
AND PROTECTED TREE, ADD DEFINITIONS FOR ENVIRONMENTAL
PARK; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, public notice for private development applications is currently provided at
the cost of the public, the City of Clearwater finds it to be desirable that the applicant become
responsible for the provision of public notice for development applications; 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 where 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,
FLORIDA:
Section 1. That Chapter 1, General Provisions, Section 1.12, General Penalty;
Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read
as follows:
Sec. 1.12. - General penalty; enforcement of civil infractions; continuing violations.
******�***
(2) Anv citv ordinance may be enforced through the
municipal code enforcement board pursuant to the procedures contained in 6�2F�-;
,� Article 7. Community Development Code.
(3) Except for the ordinances set forth in Chapter 6, Chapter 15, section 3-1508 (Noise),
Chapter 21, Chapter 22, and Article 3, Division 3(Adult Use Standards), �"° ^�^';^^^^°�
anv citv ordinance may be enforced in accordance with the
following procedures:
**********
Section 2. That Appendix A, Schedule of Fees, Rates and Charges, XXVIII.,
Business Tax, Code of Ordinances be amended to read as follows:
APPENDIX A- SCHEDULE OF FEES, RATES AND CHARGES
**«*******
XXVIII. BUSINESS TAX:
***�******
Notes:
A. Requires approval by the city council.
B. Requires city police department recommendation. The applicant shall complete a
background information report, executed under oath, and shall submit to a background
investigation, photograph, and fingerprints. The recommendation shall be based upon
the criteria set forth in section 29.41 and shall include a statement of the facts upon
which the recommendation is based.
C. Requires approval by the Planning Department.
2
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
**********
Section 3. That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community
Development Code be amended to read as follows:
Microbreweries X X
Mixed use X X X X
i htclubs X X X X
on-residential off-street arkin X X X X
ursin homes X X X X
ffices X X X X X X
ff-street azkin X X
en s ace X
utdoor recreation/entertainment X X X X
Outdoor retail sales, display and/or
stora e X
utdoor stora e X
vemi t accommodations X X X X X X X X
azkin ara es and lots X X X X X X
Pazks and recreation facilities X X X X X X X X X X X X
Places of worshi X X X X
Planned medical cam us X
Planned medical cam us ro'ect X
roblematic uses X
ublic facili X X
Publishin and rintin X
Public trans ortation facilities X X X X X X X
Research and technolo use X
Residential shelters X X
Resort Attached Dwellin s X
Restaurants X X X X X X
Retail lazas X X X
etail sales and services X X X X X X X X
V arks X
Salva e ards }{
Schoois 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
Urban fazms ){
Utili /infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/dis la s X X
Vehicle sales/dis la s, limited X X
Vehicle sales/dis la s, ma or �{
Vehicle service }{
Vehicle service, limited X
Vehicle service, ma or ){
Veterina offices X X X X
Section 4. That
Residential District, Section
amended to read as follows:
X
Article 2, Zoning Districts, Division 2, Low Medium Density
2-204, Flexible Development, Community Development Code be
Section 2-204. - Flexible development.
The following Level Two uses are permitted in the LMDR District subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
Table 2-204. "LMDR" District Flexib/e Deve/o ment
Use Min. Lot Min. Lot Min. Setbacks ft Max. Min. Off-Street
Size Width (ft.) Front Side Rear Height Parking
(sq. ft.) 1 (ft.)
Attached Dwellings 10,000 100 25 5 15 30 2/unit
Detached Dwellings 3,000- 25-50 15- 2-5 5-15 30 2/unit
5, 000 25
Non-ResidentialOff-Street n/a n/a 25 10 10 n/a n/a
Parking �.
Parks and Recreation Facilities n/a n/a 35 20 25 30 1 per 20,000 SF
land area or as
deterrnined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects (2) n/a n/a 10- 0-5 0-15 30 2/unit
25
Schools 40,000 200 35 25 15 30 1/3 students
(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) The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 2-204(E).
j3) Non-residential qarkinp lots shall not exceed three acres. Anv such use, alone or when added to contiguous
like uses which exceed three acres shall reauire a land use plan map amendment to the apqropriate land
use cateqorv.
**********
Section 5. That Article 2, Zoning Districts, Division 3, Medium Density Residential
District, Section 2-304, Flexible Development, Community Development Code be amended to
read as follows:
Section 2-304. - Flexible development.
The following Level Two uses are permitted in the MDR District subject to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
Tab/e 2-304. "IVIDR" District F/exib/e Develo menf
Use Min. Lot Min. Lot Min. Setbacks ft Max. Min. Off-Street
Size �dth (ft.) Front Side Rear Height Parking
(sq. ft.) 1 (ft.)
Assisted Living Facilities 20,000 100 25 5 10 30-50 1 per 2
residents
Attached Dwellings 10,000 100 25 5 10 30-50 2/unit
Congregate Care 20,000 100 25 5 10 30-50 1 per 2
residents
Non-ResidentialOff-Street n/a n/a 25 5 10 n/a n/a
Parkin 3
Overnight Accommodations 20,000 100 25 5 10 30-50 1/unit
1 per 20,000 SF
land area or as
determined by
Parks and Recreational n/a n/a 35 20 25 30 the community
Facilities development
director based
on ITE Manual
standards
Residential Infill Projects(2) n/a n/a �2� 0-5 �� 30-50 2/unit
(1) The Building Code may require the rear setback to be as least 18 feet from any seawall.
(2) The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 3-304(G).
(3) Non-residential oarkina lots shall not exceed three acres Any such use alone or when added to contipuous
like uses which exceed three acres shall reauire a land use olan map amendment to the aoqropriate land
use cate4orv.
****,�*****
Section 6. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2-703. - Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
**********
Flexibility criteria:
**********
F. Brewpubs.
**********
2. Any overhead loadinq doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
**********
[�
K. Microbreweries.
**********
4. Any overhead loadinq doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
**********
Section 7. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code be amended to read as follows:
**********
Flexibility criteria:
,�*********
D. Brewpubs.
**********
2. Any overhead loadinq doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
******«***
Microbreweries.
******«***
4. Any overhead loadinp doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
**********
Section 8. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802,
Flexible Standard Development, Community Development Code be amended to read as
follows:
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 F/exible Standard Development Standards
Use Min. Lot Min. Lot Max. Min. Setbacks ft Min. Off-Street
Area �dfh 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
brewery
operations and
support
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 L7,),
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
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 Dwellings(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
**********
(71 Non-residential oarkinq lots shall not exceed three acres Anv such use alone or when added to contiauous
like uses which exceed three acres shall reauire a land use plan mao amendment to the appro�riate land
use category_
Flexibility criteria:
**********
E. Brewpubs.
**********
2. Any overhead loadinq doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
*********«
Section 9. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803,
Flexible Development, Community Development Code be amended to read as follows:
******«***
Flexibility criteria:
**,�*�*****
E. Brewpubs.
****�**«**
2. Any overhead loadinq doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
**********
Section 10. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code be amended to read as
follows:
Flexibility criteria:
**,.*****«*
****,�****«
E. Brewpubs.
**********
2. Any overhead loadina doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
********«*
Section 11. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2-1303, Community Development Code be amended to read
as follows:
Flexibility criteria:
*«********
**********
E. Microbreweries.
**********
3. Any overhead loadinq doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
*******�**
�
Section 12. That Article 2, Zoning Districts, Division 15, Preservation District,
Community Development Code be amended to read as follows:
�****,�****
Section 2-1502. — Minimum standard development.
The followina uses are Levet One permitted uses in the P District subiect to the minimum
standards set out in this section and other applicable provisions of Articl_e 3._
Tab/e 2-1502. 'P" District Minimum Standard Develo ment Standards
Use Min. Lot Min. Lot Min. Setbacks ft. Max. Min. Off-Street
Size �dth ft. Front Side Rear Heiahf Parkinp
s . ft. ft.
Environmental Park n/a n/a n/a n/a n/a n/a 1�er 40.000 SF
land area
Section 2-1503. - Flexible standard development.
The following uses are Level One permitted uses in the Preservation District subject to the
minimum standards set out in this section and other applicable provisions of Article 3.
**********
Section 13. That Article 3, Development Standards, Division 8, Fences and Walls,
Section 3-804, Height Requirements, Community Development Code be amended to read as
follows:
Section 3-804. - Height requirements.
The following height requirements shall apply to all fences, and walls, except chain link fences.
A. Front. Walls and fences located in front of a principal structure shall be permitted to a
maximum height of � 48 inches with the following exceptions:
**********
Section 14. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development
Code be amended to read as follows:
Section 3-1406. - Off-street loading and vehicle stacking spaces.
A. Off-street loading:
**********
2. Guidelines: The following table sets forth the guidelines to be used in determining
the adequacy of off-street loading for all proposed development, except for such
development within the Downtown (D) and Tourist (T) districts where such
facilities are not required:
10
�..e �. � , �. ��€ _ � ,-`�a _ ��'
�.�..
1�as�ia� Lipht assembly� 5,000-15,000 sq. ft. One space
manufacturina. 15,001-50,000 sq. ft. Two spaces
microbreweries. research and 50,001-100,000 sq. ft. Three spaces
technoloav, and wholesale/ Each additional 100,000 sq. ft. One additional space
distribution/ warehouse facili
Offices 8,000-20,000 sq. ft. One space
20,001-100,000 sq. ft. Two spaces
More than 100,000 s. ft. Three s aces
Overnight accommodations not N/A None
associated with restaurants,
meeting/conference rooms or
other similar facili
Overnight accommodations N/A One space
associated with restaurants,
meeting / conference rooms or
other similar facili
Brewqubs. Retail sales and 6,000-20,000 sq. ft. One space
service, and restaurants 20,001-100,000 sq. ft. Two spaces
Each additional 50,000 s. ft. One additional s ace
**********
Section 15. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1409, Handicapped Parking Spaces, Community Development Code be amended to
read as follows:
Section 3-1409. - Handicapped parking spaces.
A. All new or expanded uses shall be provided with handicapped parking spaces based
upon the number of spaces required to serve the new or expanded use, as follows:
All handicapped parking spaces shall be conspicuously outlined in blue paint and posted
and maintained with permanent above-grade signs of a color and design consistent with
standards established by the Florida Department of Transportation, bearing the
international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT
ONLY". The required number of handicapped parking spaces shall be included in the
total number of parking spaces required for the new or expanded use. All handicapped
parking spaces shall be designed and located in accordance with the standards set forth
in F.S. § 316.1955(3), as may be amended from time to time.
B. For those properties that are currentiv developed but are not in comqliance with the
above reauirements. the number of off-street parkinq spaces mav be reduced below the
11
quantitv which would otherwise be reauired pursuant to Article 2 as part of a Level One
(minimum standard) approval in order to achieve compliance with Section 3-1409.A..
above. Under no circumstances shall the number of off-street parkina spaces beina
reduced be greater than the minimum necessarv to achieve compliance.
**********
Section 16. That Article 3, Development Standards, Division 18, Signs, Section 3-
1805, Community Development Code, be amended to read as follows:
Section 3-1805. - General standards.
C. llluminated signs.
****«*****
**********
5. The light which illuminates a sign shall be shaded, shielded, or directed so that
no structure, including sign supports e�+�gs, are illuminated by such lighting.
The above shall not be construed so as to prohibit an awninq with siqnaqe from
beinq externallv illuminated.
**********
Section 17. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-202, Applications for Development Approval, Community
Development Code be amended to read as follows:
**********
C. Determination of completeness.
1. Determination of completeness. Within seven working days after the published
application deadline, the community development coordinator shall determine
whether an application is complete.
**********
,
,
���h�������c4.��� inh 'S 4hc c�� �hion+ r�f 4he nnr�linn4inn nnrl .+n�i
r •
b. Notice to abuttinq propertv owners. After the communitv development
coordinator has accepted a Level One (flexible standard development)
a�plication for filina. the applicant shall mail notice of the aaplication to
each owner of record of anv land within a 200-foot radius of the qerimeter
boundaries of the subject propertv. Notice shall also be mailed to anv
12
affected reqistered local neighborhood association and to any citywide
neiqhborhood association. Notice shall be provided no less than ten davs
prior to the review of the aqplication before the Development Review
Committee (determination of sufficiency). All notices shall include a
summarv of the proposal under consideration, the procedure for
consideration of the application, the address of the subiect propertv, and
contact information for both the applicant and the Citv. The applicant
shall be reauired to provide a mailina list of the area within the radius
prescribed above to the citv with an affidavit affirmina the mailinp was
sent in accordance with this section or bearinq written verification bv the
U.S. Postal Service on the date of mailinq.
**********
Section 18. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-206, Notices and Public Hearings, Community Development
Code be amended to read as follows:
**********
C. Notice of hearings. The si�jr-sIeFIF-FS applicant shall be responsible for providing notices
for all required public hearings= with the exception of notices for annexations and historic
desiqnations where notice shall be provided bv the Citv Clerk.
1. All notices of public hearings shall include:
a. The date, time and place of the hearing.
b. A summary of the proposal under consideration.
c. The address of the property and a locational map graphically portraying
the location of the property (if a�isable reauired bv Florida Statute).
d. A contact in the city and telephone number in order to obtain further
information.
2. All notices of public hearings shall be provided:
.�. Qv r�� �hlin.eFir�� �f .e n�r�v nf 4he nn4ino in nno nr mnre no��icn�norc� ��ii�h
�. Q.. �.�.J'.,.. ..f +he �ie�i�s �-! �f
-OT� i
r!'fF ♦ f��m 4he rJin�n4 �f �nv I�nri �n uihinh rlovolnnmonF
c�i77..f��i�c—� �
��
6. C�r I e e�l T�u� .� i.�le� L�v e�enrlinr� � n�nv nF 4ho n�4ine hv m.�il 4� ennh
i
�—�AF�21fG�-�FFE'2-� , eN � �`•, •,,��� +•,
,
13
_ - -- _--_ _ - _ _ - --,� -
a. For Level Two approvals:
1. Bv sendinq a copv of the notice bv mail to each owner of record of
anv land within a 200-foot radius of the perimeter boundaries of
the subiect qropertv. Notice shall also be mailed to anv affected
reaistered local neighborhood association and to anv citvwide
neiqhborhood association. Notice shall be provided no less than
ten davs prior to the review of the application before the
Communitv Development Board.
2. Bv postin4 a siqn at least three square feet in area and not
exceedina six feet in heiaht facina the street(s) on the parcel
proposed for development. The siqn shall include the case
number, propertv address, hearinct dates and a contact phone
number.
b. For Level Three approvals:
1. Bv publication of a copv of the notice in one or more newspapers
with Qeneral circulation in the Citv of Clearwater.
2. Bv sendinca a coqv of the notice bv mail to each owner of record of
anv land within a 200-foot radius of the aerimeter boundaries of
the subiect propertv. Notice shall also be mailed to anv affected
reaistered local neiahborhood association and to anv citvwide
neicthborhood association. Notice shall be arovided no less than
ten davs prior to the review of the application before the Citv
Council. If more than 30 owners of aropertv are involved. unless
otherwise directed bv the Citv Council, in-lieu of mailinq such
notice, the clerk mav qublish the notice at least twice in a
newspaper of qeneral circulation in the citv of Clearwater.
3. Bv postinp a siqn at least three sauare feet in area and not
exceedinq six feet in heiaht facina the street(s) on the parcel
proposed for development. However. if a sinple application
includes more than 25 contiquous aarcels and is qreater than 10
acres, then no sian shall be reauired to be aosted.
4. Bvi certified mail to the propertv owner for the voluntarv annexation
of a noncontiauous propertv in an enclave as defined in Section
171.031(13)(a), Florida Statutes, within the citv's service area.
The certified mailinq shall be sent prior to each readina of the
ordinance.
**********
14
Section 19. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-1202, Removal Permit - Application, Community Development
Code be amended to read as follows:
Section 4-1202. - Removal permit — Application.
Any person who is required by this division to obtain a permit to remove a tree or palm shall
make written application to the community development coordinator on application forms to be
provided, accompanied by the fee required by Section 4-202(E) and including the following
documentation:
A. Requirements for multi-family and all non-residential properties, and subdivisions.
1. A site plan showing the location of all protected trees and palms by size, canopy
and species, distinguishing the tree or trees proposed to be removed, the scaled
location of proposed tree barricades, existing and proposed structures, walks,
driveways, and parking areas and other improvements.
2. A tree inventory, prepared by a certified arborist, of all shade trees four inches
DBH and greater, accent trees two inches DBH and greater. and anv other tree
as part of an approved landscape plan specifying the size, canopy, and condition
of such trees.
*�********
Section 20. That Article 6, Nonconformity Provisions, Section 6-102, Nonconforming
Structures, Community Development Code be amended to read as follows:
Section 6-102. - Nonconforming structures.
**********
B. Normal repair and maintenance, such as painting, cleaning, and repairing of same
nonconformity may be performed on nonconforming structures. However,
nonconforming structures shall be made to fully comply with the provisions of this Code,
provided the cost of repair of any structure or improvement at any time exceeds 50
percent of the assessed value of the entire structure. Assessed value shalt be
determined by reference to the official property tax assessment rolls for the year the
structure or site improvement is destroyed or damaged.
********,�*
D. Any part of a nonconforming structure which is destroyed or damaged to the extent of
less than 50 percent of the assessed value of the entire structure may be repaired or
restored if a complete and legally sufficient application for all required permits to repair
or restore the damage is submitted within six months of the date of the damage. Any
nonconforming structure which is destroyed or damaged to 50 percent or more of the
assessed value may be repaired or restored only if the structure conforms to the
standards of this Development Code for the zoning district in which it is located.
Assessed value shall be determined by reference to the official property tax assessment
rolls for the year the structure is destroyed or damaged. The extent of damage or
15
destruction shall be determined by the building official by comparing the estimated cost
of repairs or restoration with the assessed value.
****«*****
F. Exemption: Anv nonconforminq structure that is used for affordable housing mav be
exempted from subsections B or D, above, subiect to aqproval of a Level One (flexible
standard) application, and provided that the following criteria are satisfied:
1. The exemption will onlv aqplv to a bona fide affordable housinQ proiect as
verified bv the Citv's Economic Development & Housinq Department; and
2. The exemption will not applv to a structure in anv area of special flood hazard
which is not elevated or flood-proofed to National Flood Insurance Proaram
standards, as set forth in 44 CFR 59 and 60: and
3. The exemqtion will not be contrarv to the public interest; and
4. The exemption will not be contrarv to the Florida Buildina Code or related
reauirements to qrotect public safetv: and
5. The exemption would have the effect of reducin4 the number of nonconformina
features of the structure or site or of reducinq the de4ree of nonconformitv of one
or more non-conformina feature(s) of the structure or site; and
6. The repair, alteration. or enlarqement of the nonconformina structure would
provide for affordable housinct consistent with the reauired covenants to maintain
affordabilitv as set forth in Section 3-920.A.4.
Section 21. That Article 7, Enforcement Proceedings and Penalties, Section 7-103,
Remedies; Penalties, Community Development Code be amended to read as follows:
Section 7-103. - Remedies; penalties.
**********
B. Fines. Upon being notified by the code inspector that an order issued by the special
master or municipal code enforcement board has not been complied with within the time
established in such order or upon finding that a repeat violation has been committed, the
special master or municipal code enforcement board shall order the violator to pay a fine
to the city for each day the violation continues past the compliance date established in
its order or, in the case of a repeat violation, for each day the repeat violation continues,
beginning with the date the repeat violation is
found to have occurred bv the code insoector. Any fine the special master or municipal
code enforcement board imposes pursuant to this section shall not exceed $250.00 per
day for a first violation or $500.00 per day for a repeat violation. If the municipal code
enforcement board finds a violation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per violation.
**********
D. Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1,
Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates
any provision of Article 3 Division 12 shall be required, as applicable, to:
1. Restore the vegetative buffer to its natural state; or
2. Pay to the city a s+v�i�e�a�� fine equal to the total value of #�ese each protected
tree or palm #�ees illegally removed or damaged_ The fine shall be $48.00 per
16
inch of DBH (or diameter of remaining stump), up to $5.000.00 per protected tree
or palm where it is found that the violation is irreparable or irreversible in nature.
The illeqal removal of a Specimen tree is deemed to be an irreqarable and
irreversible violation, subiect to a fine of up to $15,000.00.
Such sum so collected shall be placed in a fund for the tree bank and shall be
expended for the purchase of trees for replacement in public properties within the
city; and/or
3. Replace illegally removed trees at the owne►'s expense. Such replacement will
be computed on an inch-for-inch basis according to the total inches of DBH ,�
diameter of remaininQ stump) of all illegally removed trees; and
***,�******
Section 22. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, Community Development Code be amended to read as follows:
**********
Dwelling unit means a building or portion of a building providing independent living facilities for
one family including provision for living, sleeping, sanitation and complete kitchen facilities. A
dwelling unit located on residentially zoned property shall be used only for a residential use,
unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional
ownership, or as a timesharing unit.
***«******
Environmenta/ park means a recreational area that is tvpicallv dependent on natural resources
and a natural outdoor environment. Activities shall have little, if anv, adverse impact on a site
and are compatible with natural and/or cultural resource protection. Uses include, but are not
limited to picnickina, hikina on multiqurpose trails and/or boardwalks. outdoor educational
nature studies kavakina/canoeing and launch facilities for same, wildlife viewinq, horseback
ridinq on trails, and/or fishinq.
****�*****
Medical clinic means an establishment where patients, who are not lodged overnight, are
admitted for examination and treatment by persons practicing any health
services to individuals, , ,
, , , , the practice
of which is lawful in the state and in the city. This definition does not include a place for the
treatment of animals nor does it include psvcholoqists, social workers, massaqe therapists, and
phvsical therapists.
**********
Protected tree means any
gfea�e� shade tree four inches DBH or areater, and any accent tree two inches DBH or areater,
and anv tree or palm as part of an approved landscape plan, but excludinq all hazardous and
prohibited trees.
**«****�**
17
Section 23. 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 24. 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 25. 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 26. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 27. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
George N. Cretekos
Mayor
Attest:
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
m