9042-17ORDINANCE NO. 9042-17
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN
AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY MODIFYING
ARTICLE 2, SECTION 2-702, ADDING A FOOTNOTE FOR RETAIL PLAZAS
AND RETAIL SALES AND SERVICES USES PERTAINING TO MEDICAL
MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; AMENDING
ARTICLE 2, SECTIONS 2-703, 2-704, 2-802, 2-803, 2-902, 2-903 AND 2-1203,
ADDING FLEXIBLE DEVELOPMENT CRITERIA FOR RETAIL PLAZAS AND
RETAIL SALES AND SERVICES USES PERTAINING TO MEDICAL
MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; AMENDING
ARTICLE 2, SECTION 2-1204, ADDING RETAIL SALES AND SERVICE USES;
AMENDING ARTICLE 2, SECTION 2-1302, ADDING A FOOTNOTE FOR
URBAN FARM USES PERTAINING TO MEDICAL MARIJUANA TREATMENT
CENTER PROCESSING AND CULTIVATING FACILITIES; AMENDING
ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE REQUIREMENTS
FOR LEVEL THREE APPLICATIONS; AMENDING ARTICLE 8, SECTION 8-
102, MODIFYING THE DEFINITIONS FOR RETAIL SALES AND SERVICES
AND URBAN FARMS; AMENDING APPENDIX B, US 19 ZONING DISTRICT
AND DEVELOPMENT STANDARDS, SECTION B-303, PERMITTED USES
AND PARKING, MODIFYING THE CRITERIA FOR RETAIL PLAZAS AND
ADDING A CRITERION FOR RETAIL SALES AND SERVICES USES
PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTER DISPENSING
FACILITIES; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 8, 2016, Florida voters approved an amendment to the
Florida Constitution, titled "Use of Marijuana for Debilitating Medical Conditions" ("Amendment
2"), which became effective on January 3, 2017; and
WHEREAS, Amendment 2 required the Florida Department of Health (the "Department")
to adopt specified regulations pertaining to Medical Marijuana Treatment Centers ("MMTCs")
within six months from the effective date of the amendment, such as procedures for the
registration of MMTCs that include procedures pertaining to the issuance, renewal, suspension
and revocation of registration, and standards ensuring proper security, record keeping, testing,
labeling, inspection, and safety, as well as regulations defining the amount of marijuana that
could reasonably be presumed to be an adequate supply for qualifying patients' medical use,
based on the best available evidence; and
WHEREAS, on June 23, 2017 the Governor signed into law Special Session Senate Bill
8A, Chapter number 2017-232 of the Laws of Florida ("the Bill"); and
1 Ordinance No. 9042-17
WHEREAS, the Bill provides that regulation of cultivation, processing, and delivery of
medical marijuana is preempted to the state, except as provided in the legislation, and states
that a local government may ban medical marijuana dispensing facilities from locating within
that local governments' boundaries; and
WHEREAS, the Department has filed for adoption of the regulations pertaining to
MMTCs with the Department Agency Clerk, and such regulations have not been implemented
as of the drafting of this ordinance; and
WHEREAS, Amendment 2 authorized the Florida Legislature to enact laws with the
Department's constitutional duties; and
WHEREAS, if a local government does not exercise its option to ban dispensaries, the
local government's criteria for locating and regulating dispensing facilities shall not be more
restrictive than its zoning regulations applying to pharmacies; and
WHEREAS, this ordinance complies with the Bill; and
WHEREAS, Florida laws relating to the cultivation, production, and dispensation of
cannabis products could evolve subsequent to the Bill, and future legislation may further expand
the legal use of cannabis in Florida; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code (the "Development Code") needs clarification and revision not only to accommodate the
adoption of the Bill but also facilitate any subsequent amendments to the Development Code
that could result from evolving legislation relating to the cultivation, production, and dispensation
of cannabis products; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
702, Minimum Standard Development, Community Development Code be amended to read as
follows:
* * * * * * * * * *
Table 2-702. "C" District Minimum 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
Community
Gardens
n/a
n/a
n/a
15
5
5
n/a
2
Ordinance No. 9042-17
Funeral Homes
10,000
100
25
25
10
20
0.25 per seat
Governmental
Uses(1)
10,000
100
25
25
10
20
4/1,000 SF GFA
Indoor Recreation/
Entertainment
10,000
100
25
25
10
20
5/1000 SF GFA or 5/lane,
2/court or 1/machine
Medical Clinic (1)
10,000
100
25
25
10
20
5/1,000 GFA
Mixed Use
10,000
100
25
25
10
20
Based upon specific use
requirements
Offices
10,000
100
25
25
10
20
3/1,000 SF GFA
Overnight
Accommodations
40,000
200
25
25
10
20
1/unit
Parks and
Recreational
Facilities
n/a
n/a
25
25
10
20
1 per 20,000 SF land area oras
determined by the community
development coordinator
based on ITE Manual
standards
Places of Worship
40,000
200
25
25
10
20
1 per 2 seats
Restaurants
10,000
100
25
25
10
20
12/1,000 SF GFA
Retail Plazas(2)111
15,000
100
25
25
10
20
4/1,000 SF GFA
Retail Sales and
Services j33J
10,000
100
25
25
10
20
5/1,000 SF GFA
Social and
Community Centers
10,000
100
25
25
10
20
5/1,000 SF GFA
Vehicle
Sales/Display
40,000
200
25
25
10
20
2.5/1,000 SF Lot Sales Area
Veterinary Offices
10,000 `
100
25
25
10
20
4 spaces per 1,000 GFA
(1) Governmental uses and medical clinics 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 Institutional which shall include such uses and all contiguous
like uses.
* * * * * * * * * *
(3) Medical marijuana treatment center dispensing facilities shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
* * * * * * * * * *
3 Ordinance No. 9042-17
Section 2. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code, be amended to read as
follows:
T. Retail plazas.
* * * * * * * * * *
**********
5. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
W. Retail sales and service.
**********
* * * * * * * * * *
5. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
**********
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code be amended to read as follows:
S. Retail plazas.
* * * * * * * * * *
* * * * * * * * * *
6. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in section 381.986, Florida Statutes,
as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the
location of such dispensing facility is determined to promote the public health,
safety, and general welfare of Clearwater.
T. Retail sales and service.
* * * * * * * * * *
7. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in section 381.986, Florida Statutes,
as amen)
b. May be permitted to be located within 500 feet of a public or private school, if the
location of such dispensing facility is determined to promote the public health,
safety, and general welfare of Clearwater.
* * * * * * * * * *
Section 4. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802,
Flexible Standard Development, Community Development Code be amended to read as
follows:
* * * * * * * * * *
4 Ordinance No. 9042-17
T. Retail plazas.
* * * * * * * * * *
6. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
U. Retail sales and service.
**********
6. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
**********
Section 5. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803,
Flexible Development, Community Development Code be amended to read as follows:
N. Retail plazas.
**********
**********
6. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in section 381.986, Florida Statutes,
as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the
location of such dispensing facility is determined to promote the public health,
safety, and general welfare of Clearwater.
0. Retail sales and service.
* * * * * * * * * *
7. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in section 381.986, Florida Statutes,
as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the
location of such dispensing facility is determined to promote the public health,
safety, and general welfare of Clearwater.
**********
Section 6. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code be amended to read as
follows:
T. Retail plazas.
* * * * * * * * * *
**********
5 Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
5 Ordinance No. 9042-17
U. Retail sales and service.
* * * * * * * * * *
4. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
* * * * * * * * * *
Section 7. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
903, Flexible Development, Community Development Code be amended to read as follows:
* * * * * * * * * *
P. Retail sales and services.
* * * * * * * * * *
4. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in section 381.986, Florida Statutes,
as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the
location of such dispensing facility is determined to promote the public health,
safety, and general welfare of Clearwater.
* * * * * * * * *
Section 8. That Article 2, Zoning Districts, Division 12, Institutional District, Section
2-1203, Flexible Standard Development, Community Development Code be amended to read
as follows:
N. Retail sales and service.
* * * * * * * * *
* * * * * * * * *
6. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in section 381.986, Florida Statutes, as amended.
**********
Section 9. That Article 2, Zoning Districts, Division 12, Institutional District, Section
2-1204, Flexible Development, Community Development Code be amended to read as follows,
with subsequent sections renumbered as necessary:
* * * * * * * * * *
Table 2-1204. "I" District Flexible Development Standards
Use
Min. Lot
Area (sq.
ft.)
Min. Lot
Width
(ft.)
Max. Min. Setbacks (ft.)
Height €
Min.
Off -Street
Parking Spaces
(ft.) Front
Side ;
Rear
Comprehensive Infill
Redevelopment
n/a
n/a
n/a n/a
(
n/a
n/a
Determined by the
community development
6
Ordinance No. 9042-17
Project
coordinator based on the
specific use and/or ITE
Manual standards
Marinas and Marina
Facilities
5,000
50
15-25
10—
!
I 15
0—
20
30
1 per 2 slips
Planned Medical
Cam us
p
50 acres
250
25
25
25
60—
110
Determined by the
community development
coordinator based on the
specific use and/or ITE
Manual standards
Retail Sales and
10000
100
15 — 25
10
15 —
20
50
5 per 1,000 SF GFA
Service
1
Social/Public Service
Agencies
10,000—
20,000
100
15-25
E
10
15-
20
50
2-3 per 1,000 GFA
D. Retail sales and service.
1. The goods and services which are available are limited to goods and services
directly related to the physical health and well-being of persons;
2. The retail sales and service use is located in a building which is used for a principal
use which is otherwise permitted and the retail sales and service use occupies no
more than ten percent of the gross floor area of the building;
3. Outdoor signage related to the retail sales and service use is limited to 12 square
feet of total skin face or 25 percent of the face of a sign for the principal use:
4. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance and landscaping exceeds the minimum required;
and
5. Rear setback: The reduction in rear setback is necessary to preserve protected trees
and/or results in an improved site plan or more efficient design and appearance and
landscaping exceeds the minimum required.
6. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in section 381.986, Florida Statutes,
as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the
location of such dispensing facility is determined to promote the public health,
safety, and general welfare of Clearwater.
7 Ordinance No. 9042-17
E. Social/public service agencies.
*********
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 Deve opment Standards
Uses
Min.
Lot
Area>
(sq. ft.)
Min.
Lot
Width 'Setbacks
(ft.)
Min.
(ft)
Max.
Height
(ft.)
Min. Off -Street Parking
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
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
2/1,000 SF GFA
Restaurants(g5)
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 L6.1
n/a
n/a
20
15
50
2 per acre or fraction thereof
Vehicle Service(7)
20,000
200
20
15
50
1.5/1,000 SF GFA
Wholesale/Distribution/
Warehouse Facility
20,000
200
20
15
50
1.5/1,000 SF GFA
* * * * * * * * * *
8
Ordinance No. 9042-17
(6) Medical marijuana treatment center processing and cultivating facilities shall comply
with the requirements set forth in section 381.986, Florida Statutes, as amended.
(6D 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 4, Development Review and Other Procedures, Section 4-
206, Notices and public hearings, Community Development Code be amended to read as
follows:
C. Notice of hearings. The city clerk shall be responsible for providing notices for all required
public hearings.
* * * * * * * * * *
2. All notices of public hearings shall be provided:
* * * * * * * * * *
b. For Level Three approvals:
* * * * * * * * * *
3. By posting a sign at least three square feet in area and not exceeding six feet
in height facing the street(s) on the parcel proposed for development.
However, if a single application includes more than 25 contiguous parcels
and / or is greater than ten acres, then no sign shall be required to be posted.
* * * * * * * * * *
Section 12. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, Community Development Code be amended to read as follows:
* * * * * * * * * *
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,
medical marijuana treatment center dispensing facilities, 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 -
premises consumption of alcoholic beverages.
* * * * * * * * * *
Urban farms means a use of property where the growing, washing, packaging and storage of
produce and/or plants for wholesale or retail sales occurs. For the purposes of this Code, an
9 Ordinance No. 9042-17
aquaponic or hydroponic system, or a medical marijuana treatment center processing and
cultivating facility shall constitute an urban farm.
**********
Section 13. That Appendix B, US 19 Zoning District and Development Standards,
Section B-303. Permitted Uses and Parking, be amended to read as follows:
* * * * * * * * * *
Use
'Er,
c
eic hborhoo
Use Specific Standards
Minimum Off -Street
Parking Spaces
RESIDENTIAL USES
Attached dwellings
BCP
BCP
BCP
None 1.5/unit
NONRESIDENTIAL USES
Adult uses I FLS
FLS
FLS
1. The use complies with the requirements in Article 3, Division 3.
4/1,000 SF GFA
Alcoholic beverage
sales
BCP
BCP
BCP
1. See footnote 2.
4/1,000 SF GFA
Animal hoarding I X
i
FLS
FLS
1. See footnote 1.
2. The use of the parcel does not involve animal confinement facilities that
are open to the outside.
3. Animals may have supervised outdoor exercise but only between 7:00 a.m.-
9:00 p.m. In no case shall animals be left unsupervised while outdoors.
4/1,000 SF GFA
Assisted living
facilities
BCP
RCP
RCP
None
i per 4 beds
Automobile service 1 FLD
stations
FLS
FLS
1. See footnote 1.
4/1,000 SF GFA
Bars I RCP
i
BCP
BCP
1. See footnote 1.
2. See footnote 2.
4/1,000 SF GFA
Brewpubs
I BCP
RCP
SCP
1. No more than 50 percent of the total gross floor area of the establishment
shall be used for the brewery function including, but not limited to, the
brewhouse, boiling and water treatment areas, bottling and kegging lines,
malt milling and storage, fermentation tanks, conditioning tanks and
serving tanks,
4/1,000 SF GFA
Community gardens
BCP
BCP
BCP
None
Not applicable
Congregate care
BCP
BCP
BCP
None
1 per 4 beds
Educational facilities BCP
BCP
SCP
None
44./1,000 SF GFA
Governmental uses FLS
ELS
FLS
None
4/1,000 SF GFA
Indoor recreation/ i BCP
entertainment
BCP
BCP
None
4/1,000 SF GFA
Light assembly i BCP
BCP
BCP
None
4/1,000 SF GFA
Marinas and marina
facilities
FLD
FLD
FLU
1. No commercial activities other than the mooring of boats on a rental basis
shall be permitted on any parcel of land which is contiguous to a parcel of
land which is designated as residential in the Zoning Atlas, unless the marina
facility is totally screened from view from the contiguous land which is
designated as residential and the hours of operation of the commercial
activities are limited to the time period between sunrise and sunset.
2. All marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.0.3 and the marina and marina facilities requirements
set forth in Section 3-603.
1 space/2 slips
10
Ordinance No. 9042-17
.•
Medical clinic 1 FLS
BC?
BCP
None
411,000 SF GFA
Microbreweries I FLS
FLS
FLS
1, See footnote 1.
2. See footnote 2.
4/1,000 SF GFA
Nightclubs i FLS
FLS
FLS
1. See footnote 1.
Nursing homes 1 X
X
FLS
None
'I per 4 beds
Offices ' BCP
BC?
BC?
None
4/1,000 SF GFA
Outdoor recreation/ X
entertainment
X
FLD
1. See footnote 1.
1-10/1,000 SF of land
area or as determined
by the community
development
coordinator based on
the ITE Manual
standards.
Overnight BCP
accommodations
ii
BCP
BCP
1. The parcel proposed for development shall, if located within the coastal storm
area, have a hurricane evacuation plan requiring the use close when a hurricane
watch is posted.
2. Signage for any accessory use shall be subordinate to and incorporated into
the primary freestanding signage for the overnight accommodation use. In no
case shall more than 25 percent of the sign area be dedicated to the accessory
uses.
1/unit
Parking garages and FLS
lots
FLS
FLS
None
Not applicable
Parks and recreation BCP
facilities
BC?
BCP
None
1/20,000 SF land area
or as determined by
the community
development
coordinator based on
ITE Manual standards
Places of worship i FLD
FLD
FLS
None
1 per 2 seats
Problematic uses X
ii
X
FLD
1. See footnote 1,
2. The use is not located within 500 feet of another problematic use.
3. The building in which the use is located is a building which is conforming to all
current land development and building regulations.
4/1,000 SF GFA
Public transportation FLS
facilities
FLS
FLS
None
Not applicable
Research and
technology
BCP
BC?
BC?
None
2/1,000 SF GFA
Restaurants 1 BCP
BCP
BCP
None
4/1,000 SF GFA
Retail plazas
1 BC?
BCP
BCP
1. Restaurants within the retail plaza may occupy up to 25 percent of the total
gross floor area of the retail plaza. Any restaurant, or fraction thereof, that
exceeds 25 percent must provide off-street parking at a rate consistent with the
parking requirement for the restaurant use in the district.
LMedicalma.rijuaga.treigmentsens_erslispensjfig..f.a..c.ilitles..snallgpmpiy..With..the
ir- nen a lin .1 86 Fl.rid. St. ts .m - d `4
4/1,000 SF GFA
3. Medical marijuana treatment center dispensing facilities may be permitted to
b.liOc.ate..C1._Witni.0..5..Q.Q...fe.e.L2f..a.P.OliC...QT...9.TI.V.a.l.e...5.0.0..Q.l...itIlie...1.0.Cati.12.0...Oi..5.11.c.h.
dispensing facility is determined to promote the public health safety and
en Developmentio.flw&geLaFlexible .— applicationsr II be
r2.qUiTd.,
Retail sales and
services
BCP
BC?
BCP
1,...Medicatmarijljanatreatiment centerstispegsinglactlitjes..shajj,complywith„the.
requirements set forth in section 381.986 Florida Statutes as amended.
4/1,000 SF OFA
2. Medical marijuana treatment center dispensing facilities may be permitted to
PetocatewithinS0.61..eet„of..o...pgialtc..or_prlya.te.schopLif.thelocatign.pfsucti
dispensing f duty is determined to promote the public health safety, and
general welfare of Clearwater. Level Il Flexible Development application shall be
rquired.
11
Ordinance No. 9042-17
Schools i FLD
FLU
FLU
1. All off-street parking is located at least 200 feet front any property designated
as residential in the Zoning Atlas.
1 per 3 students
Self -storage X
warehouse
X
FLS
1. Access doors to individual storage units are located within a building or are
screened from view from adjacent property or public rights-of-way by
landscaped walls or fences located no closer to the property lines of the parcel
proposed for development than five feet.
1/20 units plus 2 for
manager's office
Social and community I X
centers
X
FLS
1. See footnote 1.
4/1,000 SF GFA
Social; public service 1 X
agencies I
I
X
FLS
1. See footnote 1.
2. The social/public service agency shall not be located within 1,500 feet of
another social/public service agency.
4/1,000 SF GFA
Telecommunications ' BCP
towers
BCP
BCP
None
Not applicable
�
TV/radio stations I FLD
I
BCP
BCP
1. All buildings are designed and located so that no building is closer than 100
feet from a parcel of land which is designated as residential in the Zoning Atlas.
4/1,000 SF GFA
Utility/ infrastructure ` FLS
facilities
FLS
FLS
1. Any above ground structure other than permitted telecommunication towers
and utility distribution lines located on or along a rear lot line shall be screened
from view by a landscaped opaque wall or fence which is at least two-thirds the
height of the above ground structure and shall be landscaped with trees and
hedges which five years after installation will substantially obscure the fence or
wail and the above ground structure.
Not applicable
Vehicle sales/ i
displays
FLS
FLS
FLS
i. See footnote i.
2. Minimum lot area: 2.5 acres (108,900 square feet). Contiguous parcels of land
under common ownership or consolidated for the purposes of development may
be exempt from this requirement so long as the combined lot area meets or
exceeds the minimum.
3. The gross floor area of enclosed buildings is at least 7,000 square feet.
4. Provision is made to dim outdoor lighting at all times when the automobile
sales and service uses is not open to the public to that level necessary to
maintain the security of the premises.
5. The use of the parcel proposed for development fronts on but will not involve
direct access to a major arterial street.
2.5/1,000 lot sales
area
Vehicle sales/ ' FLS
displays, limited i
FLS
FLS
1. See footnote 1.
2. The gross floor area of enclosed buildings is at least 7,000 sq tare feet.
3. Provision is made to dim outdoor lighting att all (trues when the automobile
sales and service uses is not open to the public to that level necessary to
maintain the security of the premises.
4. Within Regional Center or Neighborhood Center Subdistricts, the use shah be
located in an enclosed structure and shall have no outdoor displays.
4/1,000 SF GFA
Vehicle service, limited X
FLDFLS
1. See footnote i.
2. The use does not involve the overnight, outdoor storage of automobiles.
4/'1,000 SF GFA
Veterinary offices I BCP
BCP
BCP
1. See footnote 1.
4/1,000 SF GFA
Footnotes:
1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas.
2. The parcel proposed for development is not located within 500 feet of a parcel ofland used for purposes of a place of worship or a public or private school
unless the intervening land uses, structures or context ore such that the location of the use is unlikely to have an adverse impact on such school or use as a
place of worship.
Key:
BCP- Level 1 Minimum Standard (Building Construction Permit).
FLS = Level 7 Flexible Standard Development (Community Development Coordinator approval
required).
FLD Level 2 Flexible Development (Comm unity Development Board approval required).
X. Not Allowed
* * * * * * * * * *
12
Ordinance No. 9042-17
Section 14. 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 15. 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 16. 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 17. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 18. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Camilo A. Soto
Assistant City Attorney
NOV 1 6 2017
DEC 0 7 2017
-C(pprt tnc'C\q
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
13 Ordinance No. 9042-17