8931-16ORDINANCE NO. 8931 -16
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
CHAPTER 32, SECTIONS 32.242, 32.392 AND 32.394, TO MAKE A
CORRECTION, PROVIDE CLARIFICATION, AND ADD DEFINITIONS
PERTAINING TO STORMWATER MANAGEMENT AND STORMWATER
SYSTEMS; AND BY MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE BY AMENDING ARTICLE 2, CHART 2 -100,
ADDING MUSEUMS AND DELETING OUTDOOR RETAIL SALES,
DISPLAY AND /OR STORAGE, AND OUTDOOR STORAGE AS
PERMITTED USES; AMENDING ARTICLE 2, SECTIONS 2 -802, 2 -902,
2 -1202, AND 2 -1203, ADDING MUSEUMS AS A MINIMUM STANDARD
DEVELOPMENT OR FLEXIBLE STANDARD DEVELOPMENT USE;
AMENDING ARTICLE 2, SECTION 2 -703, DELETING OUTDOOR
RETAIL SALES, DISPLAY AND /OR STORAGE AS FLEXIBLE
STANDARD DEVELOPMENT USE; AMENDING ARTICLE 2, SECTION
2 -1302, DELETING OUTDOOR STORAGE (ACCESSORY USE) AS A
MINIMUM STANDARD DEVELOPMENT USE, AND DELETING THE
FOOTNOTE PERTAINING TO OUTDOOR STORAGE; AMENDING
ARTICLE 3, DIVISION 2, STRIKING AND REPLACING THE
ACCESSORY USES /STRUCTURES DIVISION IN ITS ENTIRETY;
AMENDING ARTICLE 3, SECTION 3 -702, MODIFYING VARIOUS
ASPECTS OF THE EROSION AND SEDIMENTATION CRITERIA AND
GUIDELINES; AMENDING ARTICLE 3, SECTION 3 -904, CLARIFYING
ALLOWABLE ENCROACHMENTS INTO WATERFRONT SIGHT
VISIBILITY TRIANGLES AND MODIFYING THE ASSOCIATED
GRAPHIC; AMENDING ARTICLE 3, SECTION 3 -909, MODIFYING THE
APPLICABILITY OF THE OUTDOOR CAFE PROVISIONS; AMENDING
ARTICLE 3, SECTION 3 -1202, MODIFYING THE RELATIONSHIP OF
LANDSCAPING WITHIN STORMWATER RETENTION AREAS, AND
MODIFYING VARIOUS ASPECTS OF THE INTERIOR LANDSCAPE
REQUIREMENTS INCLUDING THE PROVISION OF CENTRAL
LANDSCAPE ISLANDS AND THE USE OF LOW IMPACT
DEVELOPMENT TECHNIQUES; AMENDING ARTICLE 3, SECTION 3-
1204, ADDING AN EXCEPTION FROM THE REQUIREMENT OF
PROVIDING CURBING; AMENDING ARTICLE 3, SECTION 3 -1403,
MODIFYING THE REGULATIONS PERTAINING TO GRASS PARKING;
AMENDING ARTICLE 3, SECTION 3 -1502, MODIFYING THE
PROPERTY MAINTENANCE REQUIREMENTS WITH REGARD TO
SEDIMENTATION; AMENDING ARTICLE 3, SECTION 3 -1904,
DELETING SUBSECTION N; AMENDING ARTICLE 3, SECTION 3-
1906, MODIFYING THE REGULATIONS PERTAINING TO DEAD -ENDS
AND CUL -DE -SACS; AMENDING ARTICLE 3, SECTION 3 -1912,
1
MODIFYING THE REGULATIONS PERTAINING TO STORMWATER
DRAINAGE AND RETENTION; AMENDING ARTICLE 4, SECTION 4-
505, MODIFYING PROVISIONS FOR ORAL ARGUMENTS IN HEARING
OFFICER APPEALS; AMENDING ARTICLE 4, SECTION 4 -1008,
CORRECTING REFERENCES WITHIN THE COMPREHENSIVE SIGN
PROGRAM STANDARDS; AMENDING ARTICLE 8, SECTION 8 -102,
ADDING DEFINITIONS FOR BIOSWALE, GARDEN CENTER, LOW
IMPACT DEVELOPMENT, MUSEUMS, AND TATTOO PARLOR, AND
MODIFYING THE DEFINITIONS FOR PROBLEMATIC USES, AND
RETAIL SALES AND SERVICES; AMENDING APPENDIX A, VIII. LAND
DEVELOPMENT, CHANGING THE APPLICATION FEE FOR FINAL
PLAT; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
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 32, Utilities, Article VI, Stormwater Management, Section
32.242, Code of Ordinances be amended to read as follows:
Sec. 32.242. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Department means the p works enaineering department of the city.
* * * * * * * * * *
Section 2. That Chapter 32, Utilities, Article X, Stormwater Systems, Section 32.392,
Code of Ordinances be amended to read as follows:
Sec. 32.392. - Definitions.
The following definitions shall apply to the provisions of this article:
* * * * * * * * * *
Illicit connection means any of the following: Any surface or subsurface drain or conveyance
that allows an illicit discharge to enter the stormwater system including. but not limited to. any
2
conveyances that allow any non - stormwater discharge such as, but not limited to, sewage,
processed wastewater, and /or wash water to enter the stormwater system; any connections to
the stormwater system from indoor drains and sinks regardless of whether said drain or
connection had been previously allowed, permitted, or approved by an authorized enforcement
agency: or any drain or conveyance connected from a commercial or industrial land use to the
stormwater system which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
* * * * * * * * **
Pollutant means anything which causes or contributes to pollution. Pollutants may include, but
are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, ordinances, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure; and noxious or
offensive matter of any kind.
* * * * * * * * * *
Section 3. That Chapter 32, Utilities, Article X, Stormwater Systems, Section 32.394,
Code of Ordinances be amended to read as follows:
Sec. 32.394. - Illicit discharges.
* * * * * * * * **
(2) Specific prohibitions. Any discharge to the stormwater system containing any pollutants,
sewage, industrial waste or other waste materials, or containing any materials in
violation of federal, state, county, municipal, or other laws, rules, regulations, orders or
permits, is prohibited.
* * * * * * * * * *
Section 4. That Article 2, Zoning Districts, Chart 2 -100, Permitted Uses, Community
Development Code be amended to read as follows:
Accessory dwellings
x
x
x
x
x
x
COD,
Attached dwellings
x
x
x
x
x
x
x
Community residential homes
x
X
x
x
x
x
x
x
Detached dwellings
X
x
x
X
X
X
X
x
Mobile homes
x
Mobile home parks
x
Residential infill projects
X
x
x
x
x
x
x
3
Na�tsn
Adult uses
X
X
Airport
X
Alcoholic beverage sales
X
X
X
Animal boarding
X
X
X
Assisted living facilities
X
X
X
X
Automobile service stations
X
X
Bars
X
X
X
X
Brewpubs
X
X
X
Cemeteries
X
Community gardens
X
X
X
X
X
X
X
X
Comprehensive infill redevelopment
project (CIRP)
X
X
X
X
X
X
X
Congregate care
X
X
X
X
Convention center
X
Educational facilities
X
X
X
X
Environmental park
X
Funeral homes
X
X
X
Governmental uses
X
X
X
X
X
X
Halfway houses
X
Hospitals
X
Indoor recreation/entertainment
X
X
X
X
Light assembly
X
Manufacturing
X
Marinas
X
Marinas and marina facilities
X
X
X
X
Medical clinic
X
X
X
X
Microbreweries
X
X
X
Mixed use
X
X
X
X
Museums
X
X
X
Nightclubs
X
X
X
X
Non - residential off -street parking
X
X
X
Nursing homes
X
X
X
X
Offices
X
X
X
X
X
X
Off -street parking
X
X
Open space
X
Outdoor recreation/entertainment
X
X
X
X
steFage
X
X
Overnight accommodations
X
X
X
X
X
X
X
X
Parking garages and lots
X
X
X
X
X
X
Parks and recreation facilities
X
X
X
X
X
X
X
X
X
X
X
X
Places of worship
X
X
X
X
Planned medical campus
X
4
Planned medical campus project
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft)
Max.
Height
(ft)
Min.
Front
(ft.)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Min. Off - Street
Parking Spaces
Accessory Dwellings
n/a
X
n/a
n/a
n/a
n/a
1 space per unit
Problematic uses
5,000
50
25
25
10
20
X
Alcoholic Beverage Sales
10,000
100
25
25
10
20
5 per 1,000
GFA
Public facility
X
X
Publishing and printing
X
Public transportation facilities
X
X
X
X
X
X
X
Research and technology use
X
Residential shelters
X
X
Resort Attached Dwellings
X
Restaurants
X
X
X
X
X
X
Retail plazas
X
X
X
Retail sales and services
X
X
X
X
X
X
X
X
RV parks
X
Salvage yards
X
Schools
X
X
X
X
X
X
X
X
Self- storage warehouse
X
X
Social and community centers
X
X
X
X
Social/public service agencies
X
X
X
X
Telecommunications towers
X
X
X
X
X
TV /radio studios
X
X
Urban farms
X
Utility /infrastructure facilities
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Vehicle sales/displays
X
X
Vehicle sales/displays, limited
X
X
Vehicle sales/displays, major
X
Vehicle service
X
Vehicle service, limited
X
Vehicle service, major
X
Veterinary offices
X
X
X
X
Wholesale /distribution/warehouse
facility
X
Section 5. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code be amended to read as
follows with subsections re- lettered as appropriate:
* * * * * * * * * *
Table 2 -703. "C" District Flexible Standard Development Standards
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft)
Max.
Height
(ft)
Min.
Front
(ft.)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Min. Off - Street
Parking Spaces
Accessory Dwellings
n/a
n/a
n/a
n/a
n/a
n/a
1 space per unit
Adult Uses
5,000
50
25
25
10
20
5 per 1,000
GFA
Alcoholic Beverage Sales
10,000
100
25
25
10
20
5 per 1,000
GFA
5
Automobile 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—
10,000
30- 100
25-50
25
0-10
10- 20
1.5/1,000 GFA
dedicated to
brewery
operations and
support
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
Funeral Homes
3,500—
10,000
30- 100
25-50
25
0-10
10- 20
0.25 per seat
Governmental Uses(1)
10,000
100
25-50
25
10
20
4 spaces per
1,000 GFA
Indoor
Recreation /Entertainment
5,000—
10,000
50- 100
25
25
10
20
3- 5/1000 SF
GFA or 3—
5 /lane, 1—
2 /court or
1/machine
Medical Clinics(1)
10,000
100
25 - 50
25
0 - 10
10- 20
3 - 5/1,000 GFA
Microbreweries
3,500 -
10,000
30 - 100
25 - 50
25
0 -10
10- 20
1.5/1,000 GFA
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
for all other use
area
Mixed Use
10,000
50-100
25-50
25
0-10
120
Based upon
specific use
requirements
G per 1,000
GFA
Nightclubs
10,000
100
25
25
10
20
Offices
3,500—
10,0 0
30-100
25-50
25
0-10
120
3/1,000 SF GFA
Off - Street Parking
10,000
100
n/a
25
10
20
n/a
Outdo r Retae
28999
4A9
28
25
48
28
of outdeer
display -area
Overnight Accommodations
20,000—
40,000
150—
200
25-50
25
0-10
1
20
20
1 per unit
Places of Worship(2)
20,000—
40,000
100—
200
25-50
25
10
20
.5 -1 per 2 seats
Public Transportation
Facilities(3)
n/a
n/a
10
n/a
n/a
n/a
n/a
Restaurants
3,500—
10,000
30-100
25-50
25
0-10
10—
20
7 -12 spaces
per 1,000 GFA
Retail Plazas
15,000
100
25-50
25
0-10
10—
20
4 spaces per
1,000 GFA
Retail Sales and Services
3,500—
10,000
30-100
25-50
25
0-10
10—
20
4-5 spaces per
1,000 GFA
6
Schools (5)
40,000
200
25
25
0-10
120
1 per 3 students
Social and Community Centers
(1)
3,500—
10,000
35-100
25-35
25
0-10
10—
20
4-5 spaces per
1,000 GFA
Utility /Infrastructure Facilities(4)
n/a
n/a
20
25
10
20
n/a
Vehicle Sales /Displays
20,000—
40,000
150—
200
25
25
10
20
2.5 spaces per
1,000 of lot
sales area
Veterinary Offices
5,000—
10,000
50—
100
25
15—
25
0—
10
10—
20
4 spaces per
1,000 GFA
* * * * * * * * * *
* * * * * * * * * *
Section 6. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2 -802,
Flexible Standard Development, Community Development Code be amended to read as follows
with subsections re- lettered as appropriate:
* * * * * * * * * *
Table 2 -802. "T" District Flexible Standard Development Standards
Use'
Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height'
(ft.)
Min. Setbacks (ft.) '
Min. Off- Street
Parking
Min.
Front
(ft.)
Min.
Side
(1f•)
Min.
Rear
(ft)
Accessory Dwellings
n/a
n/a
n/a
n/a
n/a
n/a
1 /unit
7
Alcoholic Beverage Sales
5,000
50
35
10—
15
10
20
5 per 1,000
GFA
Attached Dwellings(6)
10,000
100
35-50
10—
15
10
10—
20
2 per unit
Bars
5,000
50
35
15
10
20
10 per 1,000
GFA
Brewpubs
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
1.5/1,000 GFA
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 -15
0-10
10 -20
3- 4/1,000 GFA
Indoor
Recreation /Entertainment
5,000
50
35-50
0-15
0-10
20
10 per 1,000
GFA
Medical Clinic
10,000
100
35-50
10 -15
10
20
5/1,000 GFA
Mixed Use
5,000—
10,000
50-100
35-50
0-15
0-10
10 -20
Based upon
specific use
requirements
Museums
10.000
100
35- 50
10 -15
0 -10
10 -20
1 - 3/1,000 GFA
Nightclubs
5,000
50
35
15
10
20
10 per 1,000
GFA
Offices
5,000—
10,000
50-100
35-50
0-15
0-10
10 -20
3/1,000 SF GFA
Outdoor
Recreation /Entertainment
5,000
50
35
10 -15
10
20
2.5 spaces per
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—
150
35-50
10 -15
0-10
10 -20
1.2 per unit
Parking Garages and Lots
20,000
100
50
15 -25
10
10 -20
n/a
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
Facilities(3)
n/a
n/a
10
n/a
n/a
n/a
n/a
Resort Attached Dwellings(6)
10,000
100
35-50
10 -15
10
10 -20
1.5 per unit
Restaurants
5,000—
10,000
50-100
35-50
0-15
0-10
10 -20
7 -12 spaces
per 1,000
GFA(5)
8
Retail Plazas
15,000
100
35-50
0-15
0-10
10 -20
4 spaces per
30-50
3-5 per 1,000 GFA
Attached Dwellings
30-50
1 -1.5 per unit
Bars
30-50
1,000 GFA
Retail Sales and Services
5,000—
50-100
35 - 50
0-15
0-10
10 -20
4-5 spaces per
10,000
1,000 GFA(5)
Social and Community Center
5,000—
50-100
35-50
10 -15
0-10
10 -20
4-5 spaces per
10,000
1,000 GFA
Utility/Infrastructure Facilities(4)
n/a
n/a
n/a
25
10
10
n/a
* * * * * * * * **
J. Museums.
1. Height. The increased height results in an improved site plan, landscaping areas
in excess of the minimum required or improved design and appearance.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles:
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance:
c. The reduction in side and rear setback does not reduce the amount of
landscaped area otherwise required.
4. Off - street parking. The physical characteristics of a proposed building are such
that the likely uses of the property will require fewer parking spaces per floor area
than otherwise required or that the use of significant portions of the building for
storage or other non - parking demand - generating purposes or the physical
context, including adjacent buildings and uses are such that there is a high
probability that patrons will use modes of transportation other than the
automobile to access the use.
* * * * * * * * * *
Section 7. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code be amended to read as
follows with subsections re- lettered as appropriate:
* * * * * * * * * *
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
Brewpubs
30 -50
1/1,000 GFA dedicated to brewery operations
and support services; and 5- 10/1,000 GFA for
all other use area (1)
9
Community Gardens
n/a
n/a
Convention Center
30-50
5 per 1,000 GFA
Indoor Recreation /Entertainment Facility
30-50
3-5 per 1,000 GFA(1)
Microbreweries
30-50
1/1,000 GFA dedicated to brewery operations
and support services; and 5- 10/1,000 GFA for
all other use area (1)
Mixed Use
30-50
Based upon specific use requirements
Museums
30- 50
1 -3 per 1.000 GFA (11
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)
Social and Community Centers
30-50
2-4 per 1,000 GFA
Utility/Infrastructure Facilities
n/a
n/a
K. Museums.
1. Height. The increased height results in an improved site plan. landscaping areas
in excess of the minimum required or improved design and appearance.
2. Off - street parking. The physical characteristics of a proposed building are such
that the likely uses of the property will require fewer parking spaces per floor area
than otherwise required or that the use of significant portions of the building for
storage or other non - parking demand - generating purposes or the physical
context, including adjacent buildings and uses are such that there is a high
probability that patrons will use modes of transportation other than the
automobile to access the use.
3. Design. The design of all buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
* * * * * * * * **
10
Section 8. That Article 2, Zoning Districts, Division 12, Institutional District, Section
2 -1202, Minimum Standard Development, Community Development Code be amended to read
as follows:
* * * * * * * * * *
Table 2 -1202. "I" District Minimum Standard Development Standards
Use
Min. Lot
Area
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear
Assisted Living Facilities
20,000
100
25
10
20
50
1 per 2 residents
Cemeteries
20,000
100
25
10
20
50
n/a
Community 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
Funeral Homes
20,000
100
25
10
20
50
0.25 per seat
Governmental Uses
20,000
100
25
10
20
50
4 per 1,000 SF
GFA
Hospitals
5 acres
250
25
25
25
50
2/bed
Medical Clinic
10,000
100
25
10
20
50
5 per 1,000 SF
GFA
Museums
20.000
100
25
10
20
50
3 per 1.000 SF
GFA
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 9. That Article 2, Zoning Districts, Division 12, Institutional District, Section
2 -1203, Flexible Standard Development, Community Development Code be amended to read
as follows with subsections re- lettered as appropriate:
* * * * * * * * **
Table 2 -1203. "I" District Flexible Standard Development Standards
Use I Min. Lot I Min. Lot I Min. Setbacks (ft.) I Max.
Min. Of Street
11
* * * * * * * * **
H. Museums.
1. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
2. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance;
c. The reduction in side and rear setback does not reduce the amount of
landscaped area otherwise required.
12
Area
(sq. ft.)
Width (ft.)
Front
Side
Rear
Height
(ft.)
Parking
Accessory Dwellings
n/a
n/a
n/a
n/a
n/a
n/a
1 /unit
Airport
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Educational Facilities
40,000
200
15-25
10
15-20
50
0.5-1 per 2
students
Funeral Homes
15,000-
20,000
100
15 -25
10
15 -20
50
0.25 per seat
Halfway Houses
10,000
100
15-25
10
15-20
30
1 per 2 residents
Hospitals
1 -5 acres
100 -250
15-25
10-25
15-25
50
1 -2 /bed
Medical Clinic
10,000
100
15-25
10
15 - 20
50
5/1000 SF
Museums
20.000
100
15- 25
0- 10
15- 20
50
1 – 3 per 1,000
SF GFA
Parking Garages and Lots
20,000
100
15-25
10
15-20
50
n/a
Places of Worship
20,000
100
15-25
10
15-20
50
0.5-1 per 2 seats
Planned Medical Campus Project
Based upon approved Planned Medical Campus
Public Transportation Facilities
n/a
n/a
n/a
n/a
n/a
10
n/a
Residential Shelters
10,000
100
15-25
10
15-20
30
1 per 2 residents
Retail Sales and Service
10,000
100
15-25
10
15-20
50
5 per 1,000 SF
GFA
Utility/Infrastructure Facilities(1)
n/a
n/a
15-25
10
15-20
n/a
n/a
Assisted Living Facilities
15,000—
20,000
100
25
5 -10
10 -20
50
1 per 2 residents
Nursing Homes
15,000-
20,000
100
25
5 -10
15 -20
50
1 per 2 residents
Social and Community Centers
20,000
100
15-25
10
15-20
50
4-5 per 1,000
GFA
Congregate Care
20,000
100
25
5 -10
10 -20
50
1 per 2 residents
* * * * * * * * **
H. Museums.
1. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
2. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the
rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan,
more efficient parking or improved design and appearance;
c. The reduction in side and rear setback does not reduce the amount of
landscaped area otherwise required.
12
3. Off - street panting. The physical characteristics of a proposed building are such
that the likely uses of the property will require fewer parking spaces per floor area
than otherwise required or that the use of significant portions of the building for
storage or other non- parking demand - generating purposes or the physical
context, including adjacent buildings and uses are such that there is a high
probability that patrons will use modes of transportation other than the
automobile to access the use.
* * * * * * * * * *
Section 10. That Article 2, Zoning Districts, Division 13, Industrial, Research and
Technology District, Section 2 -1302, Minimum Standard Development, Community
Development Code be amended to read as follows:
* * * * * * * * * *
Table 2 -1302. "IRT" District Minimum Development Standards
Use
Min. Lot
Area
(sq. ft)
Min. Lot
Width
(ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking Spaces
Front
Side/Rear
Accessory Dwellings
5,000
50
20
15
50
1 /unit
Governmental Uses(1)
20,000
200
20
15
50
3/1 000 SF
GFA
Indoor
Recreation /Entertainment(2)
20,000
200
20
15
50
5/1,000 SF
GFA or 5 /lane,
2/court or
1 /machine
Manufacturing(3)
20,000
200
20
15
50
1.5/1,000 SF
GFA
Offices(4)
n/a
n/a
n/a
n/a
n/a
n/a
(5)
a/a
n/a
Na
Ria
atia
44a
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
ITE Manual
standards
Publishing and Printing
20,000
200
20
15
50
3/1 000 SF
GFA
Research and Technology
20,000
200
20
15
50
tit 000 SF
GFA
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
TV /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
13
Wholesale /Distribution/
Warehouse Facility
20,000
200
20
15
50
1.5/1,000 SF
GFA
* * * * * * * * **
(6 )
Restaurants that are accessory or incidental to any permitted use will not require
Flexible Standard Development application for review. Restaurants located in the IL
future land use category shall not exceed five acres. Any such use, alone or when added
to contiguous like uses which exceed five acres shall require a land use plan
amendment to the appropriate category which shall include such use and all contiguous
like uses. Restaurants located in the IG future land use category shall be allowed only as
an accessory use, located within the structure to which it is accessory, and shall not
exceed 25 percent of the floor area of the principal use to which it is accessory.
(76) Vehicle service located in the Industrial General (IG) future land use category shall be
allowed only as an accessory use, located within the structure to which it is accessory,
and shall not exceed 25 percent of the floor area of the principal use to which it is
accessory. Vehicle service located in the Industrial Limited (IL) future land use category
shall not exceed five acres. Any such use, alone or when added to contiguous like uses
which exceed five acres shall require a land use plan map amendment to Commercial
General which shall include such uses and all contiguous like uses.
* * * * * * * * * *
Section 11. That Article 3, Development Standards, Division 2, Accessory
Use /Structures, Community Development Code be amended to read as follows:
the-prinsipal use.
of pr cipal use-
14
d.
Such detached garages shall be designod as an intogral part of tho
15
13. Exemptions.
C.
Picnic tables, cheds, water pumps, etc. that are accoscory to a
are - accessory.
�. If it is nocossary in ordor to accommodate a colid wacto containor in the
DIVISION 2. - ACCESSORY USE/STRUCTURES
Section 3 -201. — Purpose and applicability.
16
The purpose of this division is to establish standards for accessory uses of land, water, and
buildings and accessory structures so as to contribute to the comfort and convenience of the
principal use /structure, while not detracting from the character of the neighborhood.
Section 3 -202. — Exemptions.
A. For the purpose of calculating the gross floor area of the principal use as set forth in
Section 3- 203.C., the floor area of any attached garage or carport shall be included.
B. A detached two -car garage that is accessory to a detached dwelling shall be exempt
from the size limitations set forth in Section 3- 203.C., provided there is no other garage
located on the site.
C. Garden centers shall be exempt from the size limitations set forth in Section 3- 203.C.
D. Swimming pools shall be exempt from the size limitations set forth in Section 3- 203.C.
E. A screen enclosure around a swimming pool shall be exempt from the maximum height
requirement set forth in Section 3- 203.D., with the limitation that it not exceed the height
of the principal structure.
F. Picnic tables, sheds, water pumps, etc. that are accessory to a community garden shall
be exempt from the location requirement set forth in Section 3- 203.A.
G. Recreation equipment, including but not limited to: play apparatus, swing sets, slides,
sandboxes, play houses and basketball hoops shall be exempt from the location
requirement set forth in Section 3- 203.A., as well as the size limitations set forth in
Section 3- 203.C. All such recreation equipment, however, must still meet applicable
setbacks.
H. Solid waste containers shall be exempt from the location requirement set forth in Section
3- 203.A.
Section 3 -203. — General standards.
A. Accessory uses and /or structures shall not be located between the right -of -way and the
principal structure except as may otherwise be permitted in Section 3 -204.
B. Accessory structures shall comply with those setbacks established in their respective
zoning district.
C. Accessory structures shall not cumulatively exceed 25 percent of the gross floor area of
the principal use.
D. Accessory structures shall not exceed 15 feet in height in any residential zoning district
and no more than the height of the principal structure in any nonresidential zoning
district. Accessory structures may be permitted up to 20 feet in height in any residential
zoning district if approved through a Level One (flexible standard development) approval
process. However, under no circumstances shall the height of an accessory structure
exceed the height of the principal structure.
E. Carports, garages or any structure used or intended to be used for the storage of any
vehicle shall include a permanent and solid roof deck constructed with material such as
asphalt shingles, metal, concrete tile, or wood. Fabric, canvas and canvas /fabric -like
materials are prohibited.
F. Accessory structures, with the exceptions as noted in this Section, which are used or
intended to be used for recreational purposes such as shade structures for decks.
patios, pools, hot tubs, playground equipment, gardens and the like may include flexible
roof material appropriate and rated for outdoor use such as Sunbrella and Sailrite.
G. Accessory structures shall not be separately metered for electricity or water.
H. Accessory uses shall not cumulatively exceed ten percent of the gross floor area of the
principal use, except as may otherwise be permitted in this Code.
I. An otherwise detached structure shall not be considered an accessory structure if it is
connected to the principle structure by means of a breezeway, roofed passage or similar
structure where the roofs are integrated.
Section 3 -204. — Specific standards.
A. Community gardens. Community gardens may be an accessory use and may be
located between the right -of -way and the principal structure(s) provided that each of the
following are met:
1. The community garden shall not obstruct access to the primary use: and
2. The community garden shall not be located within any required perimeter
landscape buffer, interior landscape area, or foundation planting area.
B. Detached garages for attached dwellings. Accessory detached garages may be located
between the right -of -way and the principal structure(s) of an attached dwelling
development containing more than 100 units. Such garages shall be reviewed and
approved as part of a required Level One or Level Two development application for the
attached dwellings as the case may be and shall demonstrate compliance with all of the
following criteria and any other applicable provisions of the Community Development
Code.
1. The parcel proposed for development is not governed by any special area plan
including but not limited to Beach by Design, the Clearwater Downtown
Redevelopment Plan, the US 19 Corridor Redevelopment Plan, or located in any
activity center, along a redevelopment corridor or view corridor identified on the
Citywide Design Structure adopted in the Clearwater Comprehensive Plan.
2. Such detached garages shall be setback at least 25 feet from the front property
line and shall comply with the side setbacks of the zoning district in which the
project is located.
3. Such detached garages shall not obstruct access to the primary use.
4. Such detached garages shall be designed as an integral part of the architectural
design of the principal structures. The same materials, colors, roof design and
other architectural details shall be incorporated into the design of the detached
garages.
5. Such detached garages that front along a street shall appear to contain habitable
space through the use of windows, doors and other design elements consistent
with the front facade of the principal structure(s).
6. Such detached garages shall not exceed 80 feet in length and shall modulate
horizontally or vertically by at least two feet for every 40 feet in length.
7. Such detached garages shall not be converted to a residential dwelling unit.
C. Garden centers.
18
1. Garden centers shall be designed with columns that are consistent with the
architecture of the principal structure, and are connected by either black vinyl
coated chainlink fence or black aluminum fence. The chainlink or aluminum
fencing may also include windscreen; however the color of the windscreen must
be consistent with the color of the principal structure.
2. The storage of materials within the garden center, including the racks, shall not
be visible above any fencing, walls or other screening.
3. All areas of the garden center located beneath a roof or canopy that includes
combustible materials, shall include a sprinkler system unless otherwise not
required by the Fire Marshall.
4. There shall be no sale of prepared foods.
D. Mechanical equipment. Outdoor mechanical, electrical, and communication equipment,
including heating, air conditioning, and ventilation equipment; venting and vent
terminations for commercial hoods; electric meters; mechanical penthouses; electrical
and communication equipment, panels, and cabinets; satellite dishes; and similar
features shall be located and designed to meet all of the following standards:
1. Equipment shall be placed on roofs or to the rear or side of buildings and shall
not be placed between any right -of -way and the principal structure(s).
2. Equipment shall be exempt from side and rear setback requirements. However,
no mechanical equipment shall be permitted within a side setback which has
been reduced as part of a Level One or Level Two application.
3. Equipment shall be screened from public view by landscaping, fencing, or
architecturally - finished walls and /or enclosures designed to be compatible with
the exterior facade of the building. Rooftop mechanical and elevator penthouses
shall complement the design of street - facing building facades and shall be clad
on all sides in the same or a material complementary to that used on street -
facing facades.
E. Outdoor cafes. A bar, brewpub, community facility, indoor recreation /entertainment
facility, microbrewery, museum, nightclub, restaurant, take -out food establishment with
no indoor seating, or other use which includes the sale and or consumption of food or
drink as determined by the Community Development Coordinator may establish on -site
outdoor cafes as an accessory use. Such cafe areas shall be reviewed and approved
through the applicable development review process as set forth in Article 4 of this
Community Development Code and shall be exempt from off - street parking
requirements.
F. Outdoor retail sales and display.
1. The outdoor retail sales and display area shall not encroach into any parking
space, vehicular use area, landscape area, or right -of -way.
2. The outdoor retail sales and display area shall not limit or restrict appropriate
access to the building, including the provision of a required handicapped
accessible route.
3. The outdoor retail sales and display area shall not exceed four feet in height.
4. Merchandise displayed outdoors must be items otherwise sold inside the
principal building to which the outdoor retail sales and display area is associated
19
with, or items sold within a garden center as may be allowable pursuant to
Section 3- 204.C.
5. There shall be no sale of prepared foods.
G. Solid waste containers.
1. All solid waste containers, recycling or trash handling areas shall be completely
screened on four sides by a fence, pate, wall, mounds of earth, or vegetation
from view from public streets and abutting properties. If such screening is
provided by means of a fence, gate, or wall, materials which are consistent with
those used in the construction of and the architectural style of the principal
building shall be utilized.
2. Solid waste containers shall be of a size sufficient to serve the use to which they
are accessory.
3. If it is necessary in order to accommodate a solid waste container in the
redevelopment of an existing building, the required number of parking spaces
may be reduced by a maximum of two spaces.
4. Solid waste containers and recycling or trash handling areas shall be located to
facilitate easy and safe access for pickup and shall be provided in accordance
with Chapter 32 of the Code of Ordinances.
H. Swimming pools. Swimming pools and their associated decks that are 12 inches or less
above grade shall be classified as an accessory structure. Swimming pools and their
associated decks that are greater than 12 inches above grade shall be classified as a
principal structure.
Section 12. That Article 3, Development Standards, Division 7, Erosion and Siltation
Control, Community Development Code be amended to read as follows:
DIVISION 7. - EROSION AND SILTATION SEDIMENTATION CONTROL
* * * * * * * * * *
Section 3 -702. - Minimum criteria and design guidelines.
* * * * * * * * * *
D. Protection of existing storm sewer systems. During construction, all storm sewer inlets
receiving drainage from the project shall be protected by sediment traps, such as but not
necessarily limited to seemed synthetic hay bales, sod or stone, which shall be
maintained and modified as required by construction progress and which shall be
approved by the community development coordinator before installation. In no case shall
sediment or debris be allowed to enter a public right -of -way or adjacent properties in
such a manner as to create a traffic hazard, a public nuisance or a threat to existing
drainage ways. Should the erosion and sedimentation controls shown on the plan be
insufficient, it is the responsibility of the contractor to provide controls that perform
adequately.
* * * * * * * * * *
20
G. Working in or crossing waterways or water bodies. Land alteration and construction
shall be minimized in all waterways and in a 25- foot -wide strip adjacent to the water,
measured from the top of the bank of the waterway. Construction equipment and motor
vehicles shall be kept out of waterways and the 25 -foot buffer area whenever possible.
Barriers shall be used to prevent access by construction equipment and motor vehicles.
Where in- channel work cannot be avoided, precautions shall be taken to stabilize the
work area during land alteration, development and construction to minimize erosion. If
the channel or buffer area is disturbed during land alteration, it shall be stabilized within
three calendar days after the in- channel work is completed. Silt curtains or other
filter /siltation reduction devices shall be installed on the downstream side of the in-
channel activity to alleviate increased turbidity. Wherever stream crossings are required,
properly sized temporary culverts shall be provided and shall be removed when
construction is completed. Upon completion of construction, the area of the crossing
shall be restored to a condition reasonably equal to that which existed prior to the
construction activity, or to a condition consistent with what is detailed in the
development/buildina approval.
* * * * * * * * * *
Trench excavation. The construction of underground facilities shall be accomplished in
an expeditious manner, with backfill and restoration lagging no more than 499 100 feet
behind excavation and installation. Where appropriate, excavated materials shall be cast
onto the uphill side of any trench and shall not be cast into any channel or channel bank.
* * * * * * * * **
Section 13. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3 -904, Community Development Code be amended to read as follows:
* * * * * * * * **
B. To enhance views of the water from waterfront property, no structure or landscaping
may be installed, _
within the sight visibility triangle described in the following
figure, = - = - = _ _ _ _ _ - _ _ _ , e' ' _ _ • = with the exception of an at-
grade swimming pool, at -arade deck. and a non - opaque fence not to exceed 48 inches
in heiaht.
21
NO STRUCTURE OR LANDSCAPING
MAY 8E INSTALLED. OTHER THAN
NON•OPAOUE FENCE NOT
EXCEEDING 41' W HEIGHT----4, WATER
�
*
PROPERTY LINE (TYPICAL) -i
PROPERTY LNE (TYPICAL)
co
STRU
PROPERTY LINE. SEA WALL OR
MEAN NSGH WATER LNiE,
WHICHEVER IS CLOSEST TOWARD
THE INTERIOR OF THE PROPERTY
SIGHT VISI9ILllY TRIANGLE
Enhanced Views Restrictions
NO STRUCTURE OR LANDSCAPING MAY BE
IN STALLED. OT ERM*ANAT-GRADESYMMYIG
POOL. ATORADE DECK OR NOM-0PACIUE FENCE
NOT EXCEEDING S6" 1N HEIGHT
WATTS!
SIGHT VISKULITY TRIANGLE
Enhanced Views Restrictions
Proper!, lime. sea watt or aaean high
oder line, rhiaheoe is dosest toward
Ike interior of the property
Section 14. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3 -909, Outdoor Cafes Located Within Public Right(s) -of -Way, Community
Development Code be amended to read as follows:
* * * * * * * * * *
A. Applicability. A bar, brewpub, indoor recreation /entertainment facility, microbrewery,
museum nightclub, restaurant, take -out food establishment with no indoor seating, or
other use which includes the sale and or consumption of food or drink as determined by
the Community Development Coordinator, may establish an outdoor cafe. Outdoor cafes
shall be exempt from parking requirements.
* * * * * * * * * *
22
Section 15. That Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, Section 3 -1202, Community Development Code be amended to read as follows:
Section 3 -1202. - General landscaping standards.
* * * * * * * * **
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:
* * * * * * * * * *
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 flatterer -all
Shade or accent
trees mav be planted along the top of bank down to the seasonal high water line.
provided that they are a minimum of 12 feet apart on center and at least 5 feet
away from pipes and control structures. Groundcover and ornamental grasses
mav be planted in swales.
* * * * * * * * * *
E. Interior landscaping.
paFking-dpade,
23
1.
Foundation plantings.
a. Foundation plantings shall be provided for 100 percent of a building
facade with frontage along a street right -of -way, excluding space
necessary for building ingress and egress, within a minimum five -foot
wide landscaped area. A minimum of 50 percent of the area shall contain
shrubs with the remainder to be ground cover.
b. Landscape materials required by Section 3- 1202.E.2., below, cannot be
counted toward meeting these foundation planting requirements.
c. Plantings associated with community gardens cannot be counted toward
meeting a foundation planting requirement.
2. Parking lots. If the paved vehicular use area is greater than 4,000 square feet,
then landscaping for the interior of parking lots shall be provided in accordance
with the following:
a. Required interior islands.
1. 10 percent of gross vehicular use area or 12 percent of gross
vehicular area if parking spaces are greater than or equal to 110
percent of required parking shall be provided in an island.
2. Interior islands shall be incorporated into parking lot designs so
that no more than 20 parking spaces are provided in a row.
3. Interior islands incorporating bioswales shall not be required to
provide curbing; however:
i. If curbing is provided, then breaks shall be incorporated
that would allow water to enter the bioswales within the
interior islands.
ii. If curbing is not provided, then a two -foot wide gravel
buffer shall be constructed between the edge of the
pavement and the bioswale.
4. Depth of interior islands. All interior landscape islands shall have a
minimum depth that is consistent with the depth of the adjacent
off - street parking space.
24
5. 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.
6. Required trees/plants.
A minimum of one shade tree, or accent/palm equivalent,
shall be provided in each interior landscape island.
ii. One shade tree, or accent/palm equivalent, shall be
provided per 300 square feet of required greenspace.
Shrubs shall be provided in an amount to equal or exceed
50 percent of the required greenspace.
iv. Groundcover shall be utilized for required greenspace in-
lieu of turf.
7. Plantings associated with community gardens cannot be counted
toward meeting the interior island requirements.
b. Central landscape island.
1. Where a central landscape island is provided to allow for low
impact development techniques, the width of the central
landscape island shall be as follows:
A minimum of 7.5 feet when no pedestrian path is
provided; or
ii. A minimum of 12.5 feet when a pedestrian path is
provided. The pedestrian path shall be a minimum of five
feet in width.
2. Central landscape islands incorporating bioswales shall not be
required to provide curbing; however:
i. If curbing is provided, then breaks shall be incorporated
that would allow water to enter the bioswale within the
central landscape island.
ii. If curbing is not provided, then a two -foot wide gravel
buffer shall be constructed between the edge of the
pavement and the bioswale.
3. Required trees/plants.
i. One shade tree, or accent/palm equivalent, shall be
provided per 300 square feet of island area.
ii. Shrubs shall be provided in an amount to equal or exceed
50 percent of the required qreenspace.
iii. Groundcover shall be utilized for required greenspace in-
lieu of turf.
4. Plantings associated with community gardens cannot be counted
toward meeting the central landscape island requirements.
* * * * * * * * * *
Section 16. That Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, Section 3 -1204, Community Development Code be amended to read as follows:
Section 3 -1204. - Installation and maintenance.
* * * * * * * * * *
D. All Except as provided for in Section 3 -1202, all landscaping required by this division
must be protected from vehicular and pedestrian traffic by the installation of curbing and
wheel stops, or other protective devices along the perimeter of any landscaping which
adjoins vehicular use areas or sidewalks. These protective devices shall have a
minimum height of six inches above grade.
* * * * * * * * * *
Section 17. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3 -1403, Community Development Code be amended to read as follows:
Section 3 -1403. - Parking lot surfaces.
B. Grass surface.
* * * * * * * * * *
* * * * * * * * * *
4. All surface parking spaces provided in excess of the minimum required pursuant
to Article 2 may be surfaced with reinforced grass or other permeable surface as
approved by the City Engineer. However. all vehicular accessways and
driveways for these excess parking spaces shall be improved in a manner
consistent with Section 3- 1403.A.
45. The city manager or the community development coordinator may permit parking
on the grass or other permeable surface for public purpose needs, including
reducing stormwater impacts.
56. Any grass parking areas must be a minimum of ten feet from any tree.
* * * * * * * * * *
Section 18. That Article 3, Development Standards, Division 15, Property
Maintenance Standards, Section 3 -1502, Community Development Code be amended to read
as follows:
Section 3 -1502. - Property maintenance requirements.
J. Vacant parcels.
* * * * * * * * **
* * * * * * * * * *
2. Erosion and siltation sedimentation mitigation measures may be required if it is
determined that runoff from a vacant parcel causes harm to adjacent property,
city drainage systems or navigable waters which receive the runoff.
* * * * * * * * * *
26
Section 19. That Article 3, Development Standards, Division 19, Subdivision Design
Standards, Section 3- 1904.N., Community Development Code be deleted with subsections re-
lettered as appropriate:
Section 3 -1904. - Streets— Generally.
* * * * * * * * * *
* * * * * * * * * *
Section 20. That Article 3, Development Standards, Division 19, Subdivision Design
Standards, Section 3 -1906, Community Development Code be amended to read as follows:
Section 3 -1906. - Dead -ends and culs -de -sac.
* * * * * * * * **
B. Cul -de -sac or hammerhead turnarounds shall be provided at the end of all permanent
dead -end streets with a 60 -foot right -of -way approach. Cul- de-sac turnarounds shall
have a right -of -way diameter of 400-140 feet and a pavement width diameter of 89 -100
feet. Hammerhead turnarounds shall be 48 feet Iona on each side of the roadway
terminus.
* * * * * * * * * *
Section 21. That Article 3, Development Standards, Division 19, Subdivision Design
Standards, Section 3 -1912, Community Development Code be amended to read as follows:
Section 3 -1912. - Stormwater drainage and retention.
A. An adequate stormwater drainage system, designed by a state registered professional
engineer and subject to approval by the city engineer, including necessary open ditches,
retention /detention areas, pipes, culverts, bridges, swales, bioswales, intersectional
drains and drop inlets, shall be provided for the proper drainage of all surface water.
Submission of design calculations shall be submitted in accordance with the city's
stormwater drainage criteria manual.
* * * * * * * * * *
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D. Lots may be laid out so as to allow for the onsite retention of stormwater through the use
of swales, bioswales, vegetative areas, or other techniques utilizing low impact
development.
Section 22. That Article 4, Development Review and Other Procedures, Section 4-
505, Hearing Officer Appeals, Community Development Code, be amended to read as follows:
Section 4 -505. - Hearing officer appeals.
* * * * * * * * **
B. At the hearing, the record before the community development board shall be received by
the hearing officer. Additionally, oral argument may be presented by the appellant,
applicant, city, the community development board, and any person granted party status
by the community development board.
* * * * * * * * **
Section 23. That Article 4, Development Review and Other Procedures, Section 4-
1008, Comprehensive Sign Program, Community Development Code, be amended to read as
follows:
In accordance with Article 3, Division 18, Section 3-1-807 3 -1808 Comprehensive Sign Program,
the procedures for review and approval follow here.
A. Information required for all applications. All applications for Comprehensive Sign
Program approval shall include the following information:
* * * * * * * * * *
9. Completed written responses to the Comprehensive Sign Program criteria, set
forth in Section 3407 3 -1808.
* * * * * * * * **
D. Application and design review. Upon determination that a Comprehensive Sign Program
application is complete, the community development coordinator shall review the
application and determine whether the application demonstrates compliance with the
requirements of the comprehensive sign program set forth in Section 3407 3 -1808.
Within ten working days of completeness, the community development coordinator may
grant approval, grant the approval subject to specified conditions or deny the application
for comprehensive sign program. The review period of ten days may be extended by
mutual consent of the applicant and the community development coordinator to allow
revised materials to be submitted and reviewed for compliance with the requirements of
the comprehensive sign program. Revised materials shall be submitted within the
timeframe established by the community development coordinator but no more than 30
working days based on the extent of the deficiencies identified. If materials are not
received within that timeframe, the application shall be deemed denied. If the
resubmission material is submitted within the timeframe specified, the community
development coordinator shall determine whether the resubmission materials
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demonstrate compliance with the comprehensive sign program and shall either grant the
approval, approve with conditions or deny the application.
* * * * * * * * *.*
Section 24. That Article 8, Definitions and Rules of Construction, Section 8 -102,
Definitions, Community Development Code be amended to read as follows:
* * * * * * * * **
Bioswale means a shallow planted depression used to partially treat water quality, attenuate
flooding potential and convey stormwater away from critical infrastructure (e.a. rain garden,
vegetated swale).
* * * * * * * * **
Garden center means the outdoor retail sales and display of plant materials not grown on -site,
garden tools, fertilizers, potting soil, mulch, rock and other garden supplies, including power
equipment, such as garden tractors, lawnmowers, etc.
* * * * * * * * **
Low impact development means a stormwater management and land development strategy that
emphasizes conservation and the use of on -site natural features integrated with engineered,
small -scale hydrologic controls to more closely mimic predevelopment hydrologic functions.
* * * * * * * * * *
Museums means a building or buildings intended for the preservation and exhibition of artistic,
cultural, historical, or scientific obiects.
* * * * * * * * * *
Problematic uses means commercial retail and service uses, including but not limited to, day
labor, awn shops, check cashing centers and blood plasma
centers which are typically characterized by poorly maintained facilities, loitering and other
indices of neighborhood deterioration or urban blight.
* * * * * * * * * *
Retail sales and services means a building, property, or activity the principle use or purpose of
which is the sale or lease of goods, products, materials, or services directly to the consumer,
including grocery stores, bicycle stores (sales, rentals and /or repair), adult day care, child care,
personal services, tattoo parlor, animal grooming, art galleries, artisans, farmer markets, and
including the sale of alcoholic beverages for off - premises consumption provided that the sale of
alcoholic beverages is subordinate to the principal use and display of alcoholic beverages
occupies less than 25 percent of the floor area of the use. Not including problematic uses, street
vendors or the on- premise consumption of alcoholic beverages.
* * * * * * * * **
Tattoo parlor means an establishment practicing physical body adornment using, but not limited
to, any of the following techniques: body piercing, branding, cosmetic tattooing, scarification,
and tattooing. This definition does not include practices that are considered medical procedures
by a state medical board, such as implants under the skin, which shall not be performed in a
tattoo parlor.
* * * * * * * * * *
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Section 25. That Appendix A — Schedule of Fees, Rates and Charges, VIII. Land
Development, Community Development Code be amended to read as follows:
(3) Level Three.
(f) Final plat 300700 600.00
Section 26. 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 27. 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 28. 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 29. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 30. This ordinance shall take effect immediately upon adoption.
AUG 1 7 2016
SEP 0 1 2016
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READI AND ADOPTED
Assistant City Attorney
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ctrl (rWr N.Vs
George N. Cretekos
Mayor
Attest:
/4L LC. L
Rosemarie Call
City Clerk