9514-22ORDINANCE NO. 9514-22
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING SECTION 3-920. AFFORDABLE HOUSING INCENTIVES TO
PROVIDE INCREMENTAL DENSITY BONUSES FOR MIXED -INCOME
PROJECTS BETWEEN 15 AND 25 PERCENT AFFORDABLE HOUSING UNITS,
TO ALLOW ADDITIONAL OFF-STREET PARKING REDUCTIONS FOR
AFFORDABLE HOUSING UNITS NEAR TRANSIT STOPS PROVIDING
CERTAIN FREQUENCY OF SERVICE, TO ESTABLISH LONG-TERM BICYCLE
PARKING REQUIREMENTS FOR THOSE AFFORDABLE HOUSING UNITS
PROVIDING REDUCED OFF-STREET PARKING, AND TO ADD A NEW
SUBSECTION C. AFFORDABLE HOUSING FEE REDUCTIONS; REPEALING
ARTICLE 3. DIVISION 11. HOME OCCUPATIONS; ADOPTING A NEW ARTICLE
3. DIVISION 11 HOME-BASED BUSINESSES WHICH ESTABLISHES
STANDARDS FOR ALL HOME-BASED BUSINESSES, CONSISTENT WITH F.S.
559.955, AND ENSURES CONSISTENCY WITH RESIDENTIAL CHARACTER
BY CLARIFYING TYPES OF UNPERMITTED BUSINESSES, LIMITING
BUSINESS SIZE AND NUMBER OF OUTSIDE EMPLOYEES, AND
ADDRESSING CERTAIN OPERATIONAL CHARACTERISTICS, PARKING
LOCATION, AND OTHER SIMILAR REQUIREMENTS; AMENDING SECTION 5-
201. POWERS AND DUTIES TO CLARIFY AND AFFIRM THAT THE
COMMUNITY DEVELOPMENT BOARD IS THE CITY'S DESIGN REVIEW
BOARD; AMENDING SECTION 8-102. DEFINITIONS BY DELETING HOME
OCCUPATION AND ADDING HOME-BASED BUSINESS; AMENDING
APPENDIX A — SCHEDULE OF FEES, RATES AND CHARGES, V. BUILDINGS
AND BUILDING REGULATIONS (§ 47.087), TO REVISE FEE REDUCTIONS
FOR USE OF PRIVATE PROVIDERS AND ESTABLISH A FEE REDUCTION
FOR AFFORDABLE HOUSING PROJECTS; AMENDING APPENDIX B — US 19
DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303.0 TABLE 3, TO
ADD AFFORDABLE HOUSING AS A FACTOR FOR REDUCING REQUIRED
PARKING; MAKING OTHER ADMINISTRATIVE CHANGES; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater ("City") adopted the Community Development Code on
January 21, 1999, which took effect on March 8, 1999; and
WHEREAS, on July 15, 2021 the City demonstrated its commitment to taking a
countywide approach to addressing housing affordability by approving the Advantage Pinellas
Housing Compact between the municipalities within Pinellas County, the Pinellas County Board
of County Commissioners and Forward Pinellas; and
1 Ordinance No. 9514-22
WHEREAS, the City has provided reduced parking for affordable and workforce housing
projects in the Community Development Code since 2005 (Ordinance 7499-05), and established
additional incentives for affordable housing including a density bonus in 2012 (Ordinance 8313-
12); and
WHEREAS, the city's Affordable Housing Advisory Committee convenes annually as
required by Section 420.9076 Florida Statutes and has supported various incentives intended to
encourage development and preservation of affordable and workforce housing; and
WHEREAS, during its 2021 session, the Florida Legislature passed House Bill 403 ("HB
403"), which, prohibits local governments from taking certain actions relating to the licensure and
regulation of home-based businesses; and
WHEREAS, the City has determined that certain amendments to the Community
Development Code are necessary to remain consistent with the changes to Florida Statutes
governing home-based businesses pursuant to HB 403; and
WHEREAS, during its 2021 session, the Florida Legislature also passed House Bill
401/Senate Bill 284 ("HB 401/SB 284"), which, preempts local governments from regulating
certain building design elements for single-family and two -dwelling residences; and
WHEREAS, HB 401/SB 284 also created an exemption to the preemption, allowing local
governments to continue to regulate dwellings in those jurisdictions that already have a design
review board or architectural review board; and
WHEREAS, the City has a long-standing design review board, its Community
Development Board ("CDB"), whose duties include performing design consistency reviews for
dwellings pursuant to the City's Land Development Regulations; and
WHEREAS, the City does affirm that its CDB is a Design Review Board, as that term is
contemplated in HB 401/SB 284; and
WHEREAS, HB 401/SB 284 also requires local governments to reduce permit fees where
a private provider is used for the purposes of plans review or building inspection services; and
WHEREAS, the City desires to also reduce building permit fees for one or two-family
residential affordable and workforce housing projects, as certified by the City's Economic
Development and Housing Department; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this
amendment, conducted a public hearing, considered all public testimony and has determined that
this amendment is consistent with the City of Clearwater's Comprehensive Plan and
recommended that the City Council adopt this amendment; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; now therefore,
2 Ordinance No. 9514-22
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Article 3. Development Standards, Division 9. General Applicability
Standards, Section 3-920 Affordable housing incentives, Community Development Code, be
amended to read as follows:
A. Affordable housing density dwelling units.
**********
3. Density bonus.
a. Mixed -income affordable housing developments. Mixed -income affordable housing
developments contain a minimum of 15 percent affordable housing units and a
maximum of 25 percent affordable housing units, the remainder being market -rate
housing units. The percentage of bonus units awarded is based on the percentage of
affordable housing units provided, as shown in the table below:
Percentage
Affordable
Housing Dwelling
Units Provided (Minimum 15% Required)
Bonus Density
Awarded
(Additional 2.5% Density Bonus for Each 1%
Increase Above the 15% Minimum)
15%
25%
16%
27.5%
17%
30.0%
18%
32.5%
19%
35.0%
20%
37.5%
21%
40.0%
22%
42.5%
23%
45.0%
24%
47.5%
25%
50%
* * * * * * * * * *
B. Affordable housing parking reductionsinsentive.
3 Ordinance No. 9514-22
1. Any reduction in required off-street parking shall only apply to those dwelling units which
are certified by the City's Economic Development and Housing Department as affordable
housing. All other dwelling units not certified as affordable housing shall meet the minimum
off-street parking requirements set out for the use in the applicable zoning district. Certified
affordable housing projects may be eligible for a reduction in the required off-street
parking consistent with the following:
the -following
al-. The parking requirement may be reduced to between one and one-half (1.5) and one
(1) space per unit for projects located within 1,000 feet of a transit stop if the
affordable housing units are designated for senior citizens or disabled persons.
b. For all other affordable housing projects, the parking requirement may be reduced
to between one and one-half (1.5) and one and one-quarter (1.25) space per unit for
projects located within 1,500 feet of a transit stop with 30 -minute or more frequent
service during peak hours and 60 minute -minutes or more frequent service during
off-peak hours.
c. The distance a site is from a transit stop shall be measured from the nearest point of
exit from the parcel based upon the shortest route of ordinary pedestrian travel.
2. Long-term bicycle parking shall be provided to any affordable housing unit which is
approved with reduced off-street parking consistent with the following:
a. The following table sets forth the number of long-term bicycle spaces required for
each unit for which the number of off-street parking spaces was reduced. When the
determination of the number of required long-term bicycle parking spaces results in
a requirement of a fractional space, any fraction less than one-half space shall
be rounded down to the nearest whole number and any fraction of one-half space or
more shall be rounded up.
Type of Affordable Housing
Long -Term Bicycle Spaces
Detached Dwelling
No spaces required.
Attached Dwellings:
a) with private garage or private
No spaces required.
storage space for unit
b) without private garage or private
0.5 spaces per unit
storage space for unit
4
Ordinance No. 9514-22
b. All bicycle spaces provided shall comply with the bicycle parking standards in
Section 3-1411.
32. In the case of attached dwellings, if parking is proposed adiacenteet to the building, a
buffer that includes a four -foot sidewalk and a five-foot landscaped area shall be
provided between the building and parking as illustrated below.
**********
C. Affordable housing fee reductions.
1. Building permit fee reduction. Building plan review and permit fees may be reduced
for certified affordable housing developments as set forth in the fee schedule, except
where legal constraints prevent such waiving.
2. Multimodal impact fee reduction. The multi -modal impact fee required pursuant to Section
4-905.C.2. may be reduced for qualified affordable housing projects meeting the
requirements for the low-income household reduction as established by the Impact Fee
Schedule A or B in Section 150-40 of the Pinellas County Land Development Code.
Section 2. That Article 3. Development Standards, Division 11. Home Occupations,
Community Development Code, be repealed and replaced and renamed to read as follows:
DIVISION 11. — HOME-BASED BUSINESSES
Section 3-1101. - Purpose.
It is the purpose of this division to establish criteria for certain businesses to operate in whole
or in part from a residentially zoned property while limiting potential impacts on surrounding
properties and maintaining residential character, pursuant to F.S. 559.955.
Section 3-1102. - Standards.
A. A home-based business shall not include uses such as alcoholic beverage sales, animal
boarding, light assembly (other than hand-crafted products), manufacturing, outdoor storage,
problematic uses as defined under Article 8, publishing and printing, restaurants, salvage
yards, urban farms, vehicle sales/display major, vehicle service, vehicle service limited,
vehicle service malor, veterinary office, or wholesale/distribution/warehouse facility, or any
like uses which are industrial in nature or like uses which require or generate significant
parking, as such uses are not compatible with the residential character of the dwelling or the
neighborhood.
5 Ordinance No. 9514-22
B. All home-based businesses shall conform to all of the following standards:
1. The activities of the home-based business shall be clearly secondary to the property's
principal use as a dwelling unit and must be conducted entirely within the dwelling or a
legal accessory structure located on the premises.
2. Home occupations are permitted in an attached garage provided the required parking is
retained and accessible. Home occupations are prohibited in carports.
3. There shall be no external modifications made to the dwelling unit or accessory structure
to accommodate a home-based business that would not be compatible or appropriate to
its residential use and architectural character.
4. No display of products, operations, signs or nameplates shall be visible from outside the
dwelling unit.
5. No more than two employees or independent contractors who do not reside at the dwelling
unit may work at the dwelling unit in addition to those living in the dwelling unit. The
business may have additional remote employees that do not work at the dwelling unit.
6. Retail transactions shall only be conducted from the dwelling unit.
7. The need for parking generated by the home-based business shall be no greater than
would normally be expected at a similar residence where no home-based business is
conducted.
8. Motor vehicles, trailers, or farm equipment used in conjunction with the home-based
business shall be parked or stored consistent with all terms contained in Article 3, Division
14.
9. The home-based business shall not create noise, vibration, heat, smoke, dust, glare,
fumes, or noxious odors, detectable to the normal senses at the lot line, or beyond the lot
line if the home-based business is conducted in a detached dwelling, or beyond the
exterior or any common walls in an attached dwelling.
10. All home-based business activities must comply with all local, county, state, and federal
regulations related to the home-based business with respect to the use, storage, or
disposal of any corrosive, combustible, or other hazardous or flammable materials or
liquids.
11. Home-based business involving the provision of day care services shall comply with the
provisions regulating family day cares in accordance with Florida Statutes and obtain all
required licenses.
Section 3. That Article 5. Decision Making and Administrative Bodies, Division 2.
Community Development Board, Section 5-201. Powers and duties, Community Development
Code, be amended to read as follows:
Section 5-201. Powers and duties.
6 Ordinance No. 9514-22
There is hereby created a community development board to act as the Design Review
Board and the local planning agency of the city and with the following powers and duties:
* * * * * * * * * *
Section 4. That Article 8. Definitions and Rules of Construction, Section 8-102.
Definitions, Community Development Code, be amended to read as follows:
* * * * * * * * * *
Home-based business means a business conducted in whole or in part within a dwelling unit or
legal accessory structure on that same property, that is secondary to the use of the dwelling for
dwelling purposes and does not give external evidence of nonresidential use or adversely affect
the uses permitted in the residential district of which it is a part.
* * * * * * * * * *
Section 5. That Appendix A — Schedule of Fees, Rates and Charges, V. Buildings
and Building Regulations (§ 47.087), Community Development Code, be amended to read as
follows:
V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087):
Permit fees and charges:
(1) Permits and fees and charges, in general; exceptions:
(a) Permits are generally not required for carpeting, painting, wallpapering, paneling
over existing walls, and tile, nor where the valuation of labor, materials, and all other
items does not exceed $500.00 and the work or operation is of casual, minor,
inconsequential nature, and does not violate any city codes or ordinances, or is
exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25.
(b) Valuations for all construction shall be based on the contract value. The
(c) Fees will be reduced -percent for those projects using a
private provider etfor plan review or building inspection services to determine
7
Ordinance No. 9514-22
compliance with the Florida Building Code, pursuant to Florida Statutes,_te-review
1. Plan review fee: 50% reduction
2. Permit fee: 50% reduction
**********
as follows:
(f) Plan review and permit fees for one- or two-family residential affordable housing
projects, as defined in Article 8 of this code and certified by the city's Economic
Development and Housing Department, will be reduced by 75%.
Section 6. That Appendix B — US 19 Zoning District and Development Standards,
Division 3. Subdistrict Standards, Section B-303.0 Parking Reduction, Community Development
Code, be amended to read as follows:
C) Parking Reduction
For all uses listed in Table 2. Use and Parking, a reduction in the minimum number of
parking spaces may be approved. The combined effect of all applicable reductions in this
section shall not reduce the off-street parking required by more than 25 percent. Parking
reduction factors are provided in Table 3. Parking Reduction Factors.
Ordinance No. 9514-22
Table 3. Parking Reduction Fars
Factor?
Criteria
Parking Reduction
Affordable Housing
All properties within the US 19
Minimum off-street parking may be
as certified by the
District
reduced to 1 space per dwelling unit
city's Economic
when affordable housing proiect is
Development and
located within 1,500 feet of a transit stop
Housin •
Department
On -Street Parking
Properties within the Regional
Center and Neighborhood
Center Subdistricts with Type
A Street Frontage
One legal on -street parking space can be
substituted for every required off-street
parking space provided the on -street
space is located along that portion of the
right-of-way immediately abutting the
property seeking the adjustment.
Electric Vehicle
Charging Stations
All properties within the US 19
District
One off-street parking space equipped
with an electric vehicle charging station
may be substituted for two required off-
street parking spaces. The maximum
Ordinance No. 9514-22
Section 7. 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 8. 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 9. 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 10. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 11. This ordinance shall take effect immediately upon adoption.
9 Ordinance No. 9514-22
substitution shall be no more than eight
required spaces.
Photovoltaic-
Topped Shade
Structure
All properties within the US 19
District
One off-street parking space equipped
with a Photovoltaic /PV -topped shade
structure (also called solar canopy or
solar carport) may be substituted for
three required off-street parking spaces.
Bus Shelter
All properties within the US 19
District
Bus shelters may be provided in lieu of
up to 15 percent of the required number
of parking spaces. This reduction shall
only be applied at PSTA approved
locations.
Bicycle Parking
All properties within the US 19
District
One bicycle rack that provides a
minimum of six -units of parking may be
substituted for no more than one parking
space. This is in addition to required
bicycle parking pursuant to Division 5.
Site Design Standards.
Shared Parking
All properties within the US 19
District
Pursuant to Section 3-1405.
Section 7. 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 8. 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 9. 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 10. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 11. This ordinance shall take effect immediately upon adoption.
9 Ordinance No. 9514-22
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
JAN 2 0 2022
FEB 0 3 2022
1rank V. Hibbard
Mayor
)4440? -d
Attest:
C, tc
'Rosemarie Call, MPA, MMC
City Clerk
10 Ordinance No. 9514-22