9643-23 DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
ORDINANCE NO. 9643-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 2. ZONING DISTRICTS, CHART 2-100 AND THE MEDIUM
DENSITY RESIDENTIAL, COMMERCIAL, INSTITUTIONAL,AND OPEN SPACE/
RECREATION DISTRICTS; BY AMENDING ARTICLE 3. DEVELOPMENT
STANDARDS, FENCES AND WALLS, GENERAL APPLICABILITY
STANDARDS, HOME-BASED BUSINESSES, LANDSCAPING/TREE
PROTECTION, PARKING AND LOADING, SIGNS, TEMPORARY USES, DOG-
FRIENDLY RESTAURANTS, AND COMMUNITY GARDENS AND URBAN
FARMS DIVISIONS; BYAMENDING ARTICLE 4. DEVELOPMENT REVIEWAND
OTHER PROCEDURES, GENERAL PROCEDURES AND LEVEL THREE
APPROVALS DIVISIONS; BY AMENDING ARTICLE 8. DEFINITIONS AND
RULES OF CONSTRUCTION; BY AMENDING APPENDIX B. US 19 ZONING
DISTRICT AND DEVELOPMENT STANDARDS, GENERAL PROVISIONS,
REGULATING PLAN, SUBDISTRICT STANDARDS, STREET FRONTAGE
STANDARDS, SITE DESIGN STANDARDS, BUILDING DESIGN STANDARDS,
FLEXIBILITY, AND ADMINISTRATION DIVISIONS; BY AMENDING APPENDIX
C. DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS, GENERAL
PROVISIONS, REGULATING PLAN, CHARACTER DISTRICT STANDARDS,
FRONTAGE STANDARDS, SITE DESIGN STANDARDS, BUILDING DESIGN
STANDARDS, FLEXIBILITY, AND ADMINISTRATION DIVISIONS; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Clearwater("the City") adopted the Community Development Code
on January 21, 1999, which took effect on March 8, 1999; and
WHEREAS, on February 2, 2017, the City established a new US 19 District and adopted
the US 19 Zoning District and Development Standards as Appendix B of the Community
Development Code to ensure redevelopment along the corridor contributes to the creation of a
more compact, accessible and attractive pedestrian and transit-friendly destinations, which is
critical to maintaining and improving the city's economy and quality of life; and
WHEREAS, on August 2, 2018, the City adopted new Downtown District and
Development Standards as Appendix C of the Community Development Code to ensure
Downtown redevelops with quality urban design, a high-quality public realm, and a dense and
livable pattern of development; and
WHEREAS, through the development review and building permit review process, the City
has reviewed numerous development proposals in all of the zoning districts in all parts of the City
that utilize the Minimum Standard, Flexible Standard, and Flexible levels of review; and
WHEREAS, the City has determined where the Community Development Code needs
clarification and revision; and
WHEREAS, the City desires for the Community Development Code to function effectively
and equitably throughout the City; and
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DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
WHEREAS, the City has determined that these amendments to the Community
Development Code promote and support the public health, safety, morals, and welfare, of the
City's residents; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these
amendments, conducted a public hearing, considered all public testimony and has determined
that these amendments are consistent with the City of Clearwater's Comprehensive
Plan and recommended that the City Council adopt these amendments; 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,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2. Zoning Districts, Section 2-100. Permitted Uses, Community
Development Code, be amended to read as follows:
Sec. 2-100. — Permitted uses.
* * * * * * * * * *
CHART 2-100 PERMITTED USES
Use LDR LMDR MDR MHDR HDR MHP C T D O US I IRT OSR P CRNCOD IENCOD '
Categories 19'
* * * * * * * * * *
Nonresidential
Community
gardens
* * * * * * * * * *
Section 2. That Article 2. Zoning Districts, Division 3. Medium Density Residential
District ("MDR"), Section 2-303. Flexible Standard Development, Community Development Code,
be amended to read as follows:
Section 2-303. — Flexible standard development.
The following Level One uses are permitted in the MDR District subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
Table 2-303. "MDR" DistrictFlexible Standard Develo ment
Use Min. Lot' Min.Lot Min.Setbacks Max. Min.
Area Width (ft.) Height Off-Street
(sq.ft.) (ft.) Front Side Rear (ft.) Parking
Attached Dwellings 10,000 100 25 5 10 30-40 2/unit
Community Residential 5,000 50 25 5 10 30-40 1 per 2
Homes(up to 14 residents residents
Detached Dwellings 3,000— 30-50 15– 0-5 5 30-40 2/unit
5,000 25
Residential Infill Projects(3) n/a n/a 10– 0-5 0-5 30-40 2/unit
25
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Schools 40,000 200 25 10 25 30-40 1A 1/3
students
Utility/Infrastructure n/a n/a 25 10 10 n/a n/a
Facilities(Z)
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from a seawall.
(2) Utility/Infrastructure uses shall not exceed three acres.Any such use, alone or when added to contiguous like
uses which exceed three acres shall require a land use plan map amendment to transportation/utility which
shall include such uses and all contiguous like uses.
(3) The development standards for residential infill projects are guidelines and may be varied based on the criteria
set forth in Section 2-3030).
Flexibility Criteria:
* * * * * * * * * *
C. Detached dwellings.
1. The parcel of land proposed for development was an existing lot of less than 5,000
square feet and was not in common ownership with any contiguous property on May 1,
1998;
2. The parcel of land proposed for development was an existing lot less than 50 feet in
width and was not in common ownership with any contiguous property on May 1, 1998;
3. Front setback:
a. A determination of the front setback shall consider the extent to which existing
structures in the neighborhood have been constructed to a regular or uniform
setback from the right-of-way;
b. The reduction in front setback will not adversely affect adjacent property values;
c. The reduction in front setback is consistent with neighborhood character; and
d. The reduction in front setback results in an efficient house layout.
44. Side setback:
a. The reduction in side setback is limited to a single side setback;
b. The reduction in side setback is necessary to permit the development or
redevelopment of a vacant lot or lot improved with a substandard structure, the
redevelopment of which would not otherwise be economically feasible.
54. Rear setback:
a. The reduction in rear setback will allow for the preservation of existing vegetation
which could not otherwise be preserved;
b. The reduction in rear setback will allow the development or redevelopment of a
substandard structure which would otherwise not be economically feasible; or
c. The structures located within the rear setback otherwise required in the MDR
District are only used for accessory uses such as a swimming pool; and
d. The structures located within the rear setback otherwise required in the MDR
District are buffered with landscape material and fences to protect the privacy and
value of adjacent properties.
65. Height:
a. The increased height results in an improved site plan, landscaping areas in excess
of the minimum required and/or improved design and appearance;
b. The increased height will not reduce the vertical component of the view from a
parcel of land which is designated as low density residential in the Zoning Atlas.
D. Residential infill proiects:
1. Single-family detached dwellings are the only permitted use eligible for residential infill
project application;
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2. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from one or more of the following: intensity;
other development standards,
3. The development of the parcel proposed for development as a residential infill project
will not materially reduce the fair market value of abutting properties;
4. The uses within the residential infill project are otherwise permitted in the district;
5. The uses within the residential infill project are compatible with adjacent land uses;
6. The development of the parcel proposed for development as a residential infill project
will upgrade the immediate vicinity of the parcel proposed for development;
7. The design of the proposed residential infill project creates a form and function which
enhances the community character of the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole;
8. Flexibility in regard to lot width, required setbacks, height, off-street parking access or
other development standards are justified by the benefits to community character and
the immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
EO. Schools.
***RELETTER REMAINING SUBSECTIONS, PENDING APPROVAL OF NEW D. ABOVE***
Section 3. That Article 2. Zoning Districts, Division 7. Commercial District ("C"),
Section 2-702. Minimum Standard Development, Community Development Code, be amended
to read as follows:
Section 2-702. — Minimum standard development.
The following uses are Level One permitted uses in the "C" District subject to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2-702. "G" District Minimum Development Standards
Use Min.Lot Min. Lot i Max. Min.Setbacks Min.
Area Width Height (ft.) Off-Street
(sq.ft.) (ft.) (ft.) Front Side Rear Parking
uses
Community Gardens n/a n/a n/a 15 5 5 n/a
* * * * * * * * * *
* * * * * * * * * *
(4) Limited on-site retail sales may be permitted as an accessory use consistent with the criteria specified in
Section 3-2602.13.
* * * * * * * * * *
Section 4. That Article 2. Zoning Districts, Division 12. Institutional District ("I"),
Section 2-1202. Minimum Standard Development, Community Development Code, be amended
to read as follows:
Section 2-1202. — Minimum standard development.
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The following uses are Level One permitted uses in the Institutional "I" District subject to the
minimum standards set out in this Section and other applicable provisions of Article 3.
Tablet-1202."1" District Minimum Standard Development
Use Min. Lot Min. Lot Min.Setbacks Max.Height Min.'
Area Width ft. (ft.) Off-Street
(sq.ft.) (ft.) Front Side Rear Parking
Community Gardens n/a n/a 15 5 5 n/a n/a
* * * * * * * * * *
M Limited on-site retail sales may be permitted as an accessory use consistent with the criteria specified in Section 3-
2602.B.
* * * * * * * * * *
Section 5. That Article 2.Zoning Districts, Division 14. Open Space/Recreation District
("OSR"), Section 2-1402. Minimum Standard Development, be amended to read as follows:
Section 2-1402. — Minimum standard development.
The following uses are Level One permitted uses in the OSR District subject to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2-1402. "OSR" District Minimum Development Standards
Use Min. Lot Min. Lot Min.Setbacks Max.Height Min.'
Area Width ft. (ft.) Off-Street
(sq.ft.) (ft) Front Side Rear Parking
Community Gardens n/a n/a 10 5 5 n/a n/a
* * * * * * * * * *
Section 6. That Article 3. Development Standards, Division 8. Fences and Walls, be
amended to read as follows:
* * * * * * * * * *
Section 3-803. — Design requirements.
A. Where fences or walls are located in zoning districts governed by design standards
established by Division 5 of this Article, including the Downtown (D), US 19, or Tourist (T)
Districts, or within either the Coachman Ridge Neighborhood Conservation Overlay District
(CRNCOD) or Island Estates Neighborhood Conservation Overlay District (IENCOD), the
guidelines or standards of those districts shall apply. Where the design standards or
guidelines are silent, fences or walls shall adhere to the standards within this Division.
BA. Fences and walls placed within a required setback area shall be oriented so that the side
of the fence or wall facing or viewable from a street right-of-way or an adjoining property is
the finished side, with all support posts and stringers facing inward toward the property
upon which the fence or wall is located.
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C-9. If access to a portion of a fence is wholly or partially blocked by a building, fence, wall or
other structure or by dense foliage located upon adjoining property and adjacent to, but not
necessarily adjoining, the property line, the support posts for that portion of the fence, but
not the stringers, may be installed on the outside of the fence, facing away from the property
upon which the fence is located.
DG. A fence or wall which exceeds 100 feet in length in any single horizontal plane along a
street right-of-way shall either be offset to create inset areas of at least eight feet in width
and depth for landscaping treatment or non-opaque openings in the walls or fence shall be
provided through the use of wrought iron or similar types of wall treatment or some
architectural features such as a column or other feature is used to offset the unbroken
nature of the fence or wall.
ED. All fences and walls located within a required setback area shall be provided with an
opening or gate of sufficient width to allow access outside of the area enclosed by the fence
or wall to such right-of-way for the purpose of facilitating maintenance of any required
landscaping and the street right-of-way unless otherwise determined as impracticable by
the Community Development Coordinator.
F. Fences and walls shall comply with the sight visibility triangle requirements of Section 3-
904.A.
Section 3-804. — Height requirements.
The following height requirements shall apply to all fences;and walls, except chain link fences.
A. Front. Walk; and walls located between the 0A frept efy principal structure and
front property line shall be permitted to a maximum height of four feet AS�T�s. Any fence
or wall that exceeds three feet in height shall provide a three-foot-wide landscaped strip on
the right-of-way side of the fence or wall consistent with the general landscaping standards
in Section 3-1202 unless otherwise determined by the Community Development Coordinator.
Additional fence height may be approved consistent with the following exceptions:
1. In the LDR, LMDR, MDR and MHDR zoning districts, brick or other masonry walls
wa4s-with masGRFY columns linked by substantial grill work May&4a4 be permitted to a
maximum height of six feet in a required front setback area as a Level One (flexible
standard development) approval. Such walls shall be architecturally compatible with
the principal structure on the property and compatible with the surrounding properties.
2. a. In the HDR, MHP, C, T, 9,O, I, IRT, OSR, and P zoning districts, P`�TenGesh-.riS,k
Z;:G_thP_.r M_;;GGRFY walls er i.valls i.vith nqasE)RFY GGII—IMRS linked- by substaRtmal grill work a
fence or wall may&ha.4 be permitted up to a maximum height of six feet in front of a
principal structure provided the fence or wall is primarily open style, with separated
pickets or a combination of brick or other masonry columns linked by substantial grillwork.
Any other style of fence or wall may be requested as a Level One (flexible standard
development).
b. In the area of the T District governed by Beach by Design residential uses may
request a fence or wall up to a maximum height of six feet, and all other uses may request
a fence or wall up to a maximum height of four feet as a Level One (flexible standard
development) provided the fence or wall is primarily open style, with separated pickets
or a combination of brick or other masonry columns linked by substantial grillwork, meets
the design guidelines of Beach by Design, and is integrated into any required
landscaping.
6 Ordinance No. 9643-23
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3. Walls, „^ greater than up to a maximum height of six feet, maysha# be permitted for
the perimeter of any residential subdivision located within any zoning district. Such walls
shall be architecturally compatible with the building design within the subdivision.
4. Corner and multi-frontage lots may be permitted a fence to a maximum height of six feet
pursuant to Section 3-804.C.
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B. Side and rear. Fences and walls shall be permitted to a maximum height of six feet between
the principal structure and any side or rear tet property line with the following exceptions:
1. Fences and walls may be permitted up to eight feet in height if located in the Ir,dT
ReGeaFGh -;;Ad- TonIPIRGI (w IRT District /'I�.
2. Fences and walls may be permitted up to eight feet in height in the Commercial District
through a Level One; (Flexible Standard Development) approval to buffer uses with
drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail
sales, display and/or storage and residential zoning districts. If any fence is part of a
Level Two review, the decision to approve the fence will be made by the Community
Development Board.
3. On those properties adjacent to water, fences proposed to be located within 20 feet of
the property line adjacent to the water or within the required setback, whichever is
greater, must be non-opaque and cannot exceed four feet AS�T�Tin height.
(Insert the following graphic)
7 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Fences and Walls: Side and Rear
Property Line: Side
�. Between I
N the principal [3
structure tl
and side or I
rear property Principal
lines. I
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1211�200�� IMMIUMMIRML\
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Property Line; Side
pal 6#61GWre and aRY Fight of way shall provide a three feet VAde
IandGGaped drip GR the right of way gGide of the fepre
C-D. Corner and multi-frontage lots. For the purposes of fence or wall placement on corner or
multi-frontage lots, the front shall be the sideofthe front property line from which the
property is addressed, and all other front property lines will be treated as a side property
line(s), as illustrated below for the purpose of fencing. The placement of any fence or wall
on this e the front of the property shall adhere to the provisions in Section 3-804.A.1
through 3, above. Tho ether gGide of the ereeeFty shall he eeipsid-eared- .a cirJe -Rr,dI aa A fence
or wall may be erred 0A thisareapermitted on the side property line in compliance with
the provisions in Section 3-804.8., above, provided:
1. The fence is consistent with the character and placement of any structures and
setbacks on the adjoining properties, including the placement of the fence on the
property line, as determined by the Community Development Coordinator.
2. The fence or wall shall be primarily open style, with separated pickets.
3-2. However, i#If the side of the property is adjacent to a right-of-way that would be
classified as an arterial or collector right-of-way by the City Engineer, then the fence or
wall may be constructed consistent with the provisions in Section 3-804.8., above,
regardless of the of the placement of structures on and setbacks of
adjoining properties, and may be solid/opaque.
4. Any fence or wall that exceeds three feet in height shall provide a three-foot-wide
landscaped strip on the right-of-way side of the fence or wall consistent with the general
landscaping standards in Section 3-1202 unless otherwise determined by the
Community Development Coordinator.
(Insert the following three graphics)
8 Ordinance No. 9643-23
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OE-. Double frontage lots. For the purposes offence or wall placementondouble frontage lots,
the front shall be the side of the front property line from which the property is addressed^
and the opposite front Property line will be treated as a rear Property line for the purpose of
fencing as illustrated below. The placement ofany fence on this side the front ofthe
property shall adhere tothe provisions inSection 3-804.A.. above. The eppesite side -F the
Afence may bee*eete*d 0A this; area permitted on
the rear Property line incompliance with the provisions inSection 3-804.B.. above provided
the following conditions exist:
1. The rear of both the adjacent lots on the same side of the street are oriented the same
asthe lot onwhich the fence or wall isproposed; and
2. The pattern of the dvva||in0s across the street is also oriented with the rear facing the
lots across the street.
3. If both of the above conditions cannot be mat, such fence or wall in the rear shall not
exceed four#**�*featinheight.
4. �the rear isadjacent toari0ht-of-vvaythat would baclassified asanarterial
orcollector ri0ht-of-vvaybythe City Engineer, then the fence or wall may baconstructed
consistent with the provisions in Section 3-804.B.. abova, regardless of any of the
above conditions.
(Insert the following graphic)
10 Ordinance No. 0643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Fences and Walls: Double Frontage Lots
Property Line: Side
� U-
co
Between I co
the principal I
structure b
and non- Principal
addressedStructure
front property M
line. I
�• as
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Property Line: Side
E . Exception for attached dwellings. No fence or wall over six feet in height shall be permitted
on any attached dwelling lot, except where the fence or wall is installed along the boundary
of the property, in which case the fence or wall shall be uniformly designed and shall meet
the height limits and other standards otherwise applicable to the fence or wall.
FG. Retaining walls, not including those walls associated with a detention pond which are
regulated by Section 3-901, may be located between the principal structure and any front,
side,or rear lot line, provided no portion of the wall that is located above grade exceeds 18
inches in height unless otherwise required to be of a greater height to satisfy and
environmental or engineering need as determined by the City Engineer.
G#. An equivalent combination of fence, wall, landscape berm or retaining wall may be utilized
to achieve the maximum possible fence height; however, in no case shall the combined
height of the structures exceed the maximum height provisions.
H. Exception for pates, arbors, trellises, pergolas, and similar entry components. Gates, arbors,
trellises, pergolas, and other similar entryway/access-enabling components incorporated into
a fence or wall opening may include a height of no more than eight feet overall and may
extend no more than one foot horizontally on each side of the opening and no more than
three feet from the face of the fence or wall.
* * * * * * * * * *
Section 7. That Article 3. Development Standards, Division 9. General Applicability
Standards, Section 3-902. Comprehensive plan densities/intensities, be amended to read as
follows:
Section 3-902. —Comprehensive plan densities/intensities.
* * * * * * * * * *
11 Ordinance No. 9643-23
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F Mixed e Mixed-use projects.
1. A mixed-use determination will allow for nonresidential and residential land use to occur
on the same lot. An application for a mixed-use development shall state the
nonresidential Gross Floor Area (GFA) and the number of proposed residential dwelling
units.
2. The application shall also provide the land area needed to support each land use based
on the Future Land Use Plan classification. The combined land area needed to support
the residential and nonresidential land use components shall not exceed the total
existing land area. Vertical mixed-use projects in the Downtown District are exempt
from this requirement.
* * * * * * * * * *
Section 8. That Article 3. Development Standards, Division 11. Home-Based
Businesses, Section 3-1102. Standards, be amended to read as follows:
Section 3-1102. - Standards.
* * * * * * * * * *
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-based businesses GGG61patiGR& are permitted in an attached garage provided
the required parking is retained and accessible. Home-based businesses
are prohibited in carports.
* * * * * * * * * *
Section 9. That Article 3. Development Standards, Division 12. Landscaping/Tree
Protection, Section 3-1202. General landscaping standards, be amended to read as follows:
Section 3-1202. —General landscaping standards.
* * * * * * * * * *
B. Plant Material Specifications. Except as provided in subsection (8) below, plant materials
which are utilized to satisfy the landscaping required by this development code shall comply
with the following minimum standards:
* * * * * * * * * *
2. Exceptions.
a E4,.ep#G fGr S-&ingle-family detached and two-family attached dwellings_= The
above size requirements with regard to shade trees and accent trees shall not be
applied to single-family detached dwellings and two-family attached dwellings. For
those uses shade trees shall have minimum height of eight feet and minimum
caliper of two inches, and accent trees shall have minimum height of six feet and
minimum caliper of one inch.
b. Parks and athletic fields. Artificial turf may be used in lieu of plant materials in
Parks and athletic fields.
* * * * * * * * * *
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F. Fences and walls. If a fence or wall in the front setback for any use exceeds 36�-R;^;e�3
feet, a three-foot-wide landscaped strip IandGGaPiRg shall be provided on the right-of-way
side of the fence or wall (but not within the right-of-way), er consisting of a solid hedge or
a mix of plantings such as shrubs, small trees, flowers and vines c"�p- installed at
intervals along the entire fence or wall, appropriate to the species, sufficient to provide
coverage at maturity.
G. Comprehensive landscaping program. The landscaping requirements of this division may
be waived or modified as a part of a Level One or Level Two approval, as the case may be,
if the application for development approval includes a comprehensive landscape program
which satisfies each of the following criteria:
* * * * * * * * * *
7. Properties within the Downtown District. The landscape treatment proposed in the
comprehensive landscape program for properties in the Downtown District shall not
result in the reduction of the pedestrian and landscape improvements required in
Appendix C, Division 4, Frontage Standards, except as provided for in Appendix C,
Division 7, Flexibility.
* * * * * * * * * *
Section 10. That Article 3. Development Standards, Division 14. Parking and Loading,
be amended to read as follows:
Section 3-1407. — Parking restrictions in residential areas.
A. Restrictions. For the dual purpose of preserving attractive residential areas within the city
and promoting safe unimpeded traffic circulation throughout such neighborhoods, the
following parking restrictions shall apply except as provided in paragraph B of this section:
1. Within street right-of-way. The following vehicles shall not be parked or stored on any
public right-of-way in a residential zoning district, residentially designated downtown
property, or on any right-of-way contiguous to such properties Z^ro,I
Property:
a. Any boat or boat trailer;
b. Any hauling trailer;
c. Any of the following recreational vehicles: travel trailers, motor homes and camping
trailers;
d. Any commercial vehicle.
e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not
designated for street operation.
2. Between principal structure and right-of-way. The following vehicles shall not be parked
or stored, in whole or in part, in a front setback and/or forward of the building line of the
principal structure and any right-of-way line in a residential zoning district or on a
residentially designated downtown property up to a maximum of two frontages:
a. Boat in excess of 20 feet;
b. Any boat trailer in excess of 25 feet total length or in excess of five feet longer than
any boat occupying the trailer;
c. Hauling trailer;
d. Recreational vehicles, travel trailers, motor homes and camping trailers.
13 Ordinance No. 9643-23
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e. Any commercial vehicle which measures in excess of 20 feet in total chassis and
body length, seven feet in total width or seven feet in total height, including
appurtenances, equipment and cargo.
f. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not
designated for street operation.
3. Parking in the side or rear setback. The following vehicles may be parked or stored, in
whole or in part, in a side or rear setback behind the front building line of the principal
structure in a residential zoning district or on a residentially designated downtown
property provided such vehicles are screened with a six-foot high solid fence, wall or
hedge:
a. Boat in excess of 20 feet;
b. Boat trailer in excess of 25 feet;
c. Hauling trailer;
d. Recreation vehicles, trailers, motor homes and camping trailers; and
e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not
designated for street operation.
4. Large vehicles. The following vehicles shall knot be parked or stored in any residential
zoning districts or on any residentially designated downtown property:
a. Commercial vehicles measuring in excess of 20 feet in total chassis and body length,
seven feet in total width or seven feet in total height, including appurtenances,
equipment and cargo are prohibited; and
b. Semi-tractor trailer, semi-tractor cab or any garbage truck, pump-out truck, chemical
truck, gasoline truck, fuel oil truck or similar vehicle designed to transport wastes or
hazardous or noxious materials.
5. Exception to prohibition of parking on unpaved areas on single-family and duplex
residential property. One designated parking space may be located on the grass in a
required front setback adjacent to and parallel to the driveway located on the property.
Access to such designated parking space shall be by way of the property's driveway. If
the designated parking space oan not cannot be maintained as a grass area and is either
reported by neighboring residents as a detrimental property or is identified by any code
inspector as in violation of this provision, such designated parking area shall be filled in,
by the property owner,with pavers, concrete,turf block or asphalt. Materials not permitted
include crushed shell, mulch, millings or similar material.
6-7. Parking on unpaved area prohibited. No parking, displaying, or storing of vehicles, trailers
and/or boats shall be permitted on any grass surface or other unpaved area zoned for
any use unless specifically authorized in this section.
* * * * * * * * * *
Section 3-1408. - Parking restrictions in .. nonresidential areas.
A. Commercial trucks, semi-tractor trailers, cabs and other commercial vehicles shall be
permitted to be parked or stored on commercial property only if such vehicles are associated
with the property on which they are located.
B. Boats or boat trailers, hauling trailers, and recreational vehicles shall not be parked or
stored on any public right-of-way in nonresidential areas.
14 Ordinance No. 9643-23
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Section 11. That Article 3. Development Standards, Division 18. Signs, be amended to
read as follows:
* * * * * * * * * *
Section 3-1806. —Temporary signs.
* * * * * * * * * *
TABLE 3-1806.1a.CRITERIA AND LIMITATIONS FOR SIDEWALK SIGNS
Location In front of primary retail and restaurants within the linear
footage of the storefront.Also in the immediate vicinity
of parking garages/lots and valet stands.'
Maximum Number of Signs 1 per business
Maximum Width 2 feet
Maximum Height 3'/2 feet
Maximum Distance from Building Wall (as measured at 2 feet, except 5 feet in the Cleveland Street Cafe
the nearest point of sidewalk sign) District in the Downtown zoning District and 2 feet from
the ent wa of a parking garage/lot and valet stands.
Maximum Width of Public Sidewalk that the Sign May 4 foot clear path on the sidewalk shall be maintained
Obstruct
Duration Allowed Only during hours while business or valet service is
operating
Allowed on Public Property and Right-of-Way Yes
Allowed in a Sight Visibility Triangle No
Design Criteria Restricted
Permit Required Yes3
* * * * * * * * * *
3 Permit information.
a. A permit shall be obtained on a yearly basis. Sidewalk sign permits expire on September 30th of each year
and shall be renewed yearly to continue displaying a sidewalk sign.
b. A sketch, photo or drawing of the proposed sidewalk sign, along with the required fee, shall be submitted
and approved prior to the placement of the sidewalk sign.
c. If proposed to be placed in a public right-of-way, evidence of general liability insurance in the amount of
$1,000,000.00 in a form acceptable to the city, with the city named as additional insured shall also be
provided.
* * * * * * * * * *
Section 3-1807— Permitted Signs Requiring Development Review.
* * * * * * * * * *
B. Non-Residential. All signs must be architecturally integrated into the design of the building
and/or site using similar and coordinated design and style features, materials and colors.
Attached signs shall be horizontally and vertically proportionately located on each fagade
with no protrusions above roof lines, over windows, trim, cornices, or other building features.
Signs for new shopping centers with three or more tenants, including all out parcels, office
parks or any master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3-1808.
* * * * * * * * * *
6. Certain changeable message and copy signs.
a. Freestanding a€lectronic changeable message signs shall be permitted for venues
or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and
places of worship provided: (a) the electronic changeable messages are part of a
freestanding sign; (b) the electronic message area shall be limited to no more than
40 percent of the overall permitted freestanding sign face area, shall be located on
15 Ordinance No. 9643-23
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the lower portion of the sign face and shall be contiguous to the other copy area of
the sign face; (c) electronic message signs shall be architecturally integrated to the
design of the freestanding sign face and (d) shall be consistent with the width and
depth of the sign cabinet. The general message for electronic changeable message
signs at schools, places of worship, venues/facilities that seat 2,000 or more people
or on fuel price and menu signs may change no more frequently than once every ten
,,, �,,,nt�fifteen seconds.
b. Freestanding a€lectronic changeable message signs for a facility or venue that has
seating for 2,000 or more people must also meet these additional criteria: (a) it is
located on public property that exceeds 35 acres, (b) it serves a significant public
purpose directly related to the facility or venue, and (c) the sign type will meet the
following purposes of this Division 18, to wit: (1) the sign will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the sign will not conflict with the
principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the sign
will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians
[Section 3-1802.K.], and (4)the sign will be installed and maintained in a safe manner
[Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the
approval or disapproval by the city shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such sign.
c. Attached electronic changeable message signage may be permitted for performing
arts theaters in the Downtown zoning district provided: (a) the electronic changeable
message area shall be designed as an integral component of the attached sign, (b)
the electronic message area shall be contiguous to the other copy area of the sign
face, (c) the attached electronic changeable message sign shall be located on a
building canopy or building marquee, and (d) the attached electronic changeable
message sign shall be located on a building facade abutting a street
frontage. Performing arts theaters located on more than one street frontage may
have an electronic changeable message sign on no more than two street
frontages. The general message for attached electronic changeable message signs
at theaters may change no more frequently than once every fifteen seconds.
ds. Any sign may include an area for manually changeable copy provided the sign meets
all of the area and design requirements set forth in Division 18, including but not
limited to any and all criteria that limits sign area by percentage or any requirement
that requires any color coordination or other such design criteria.
* * * * * * * * * *
Section 3-1808. —Comprehensive sign program.
* * * * * * * * * *
B. Permitted signage.
1. Signage which is proposed as part of a Comprehensive Sign Program may deviate from
the minimum sign standards in terms of number of signs per business or parcel of land,
maximum area of a sign face per parcel of land and the total area of sign faces per
business or parcel of land, subject to compliance with the flexibility criteria set out in
Section 3-1808.C. A Comprehensive Sign Program shall be approved pursuant to the
provisions set out in Section 4-1008. Prohibited signs in Section 3-1804 are not eligible
for a Comprehensive Sign Program. Electronic changeable message signs, other than
those allowed pursuant to Section 3-1807.B.6.c, back-lit awnings, cabinet signs, and
raceway signs are not eligible to be utilized as signs as part of a Comprehensive Sign
Program.
16 Ordinance No. 9643-23
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* * * * * * * * * *
Section 12. That Article 3. Development Standards, Division 21. Temporary uses,
Section 3-2103. Allowable temporary uses, be amended to read as follows:
Section 3-2103. -Allowable temporary uses.
Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level
One approval in accordance with the provisions of Article 4, Division 3 as well as the specific
criteria pertaining to each temporary use:
* * * * * * * * * *
Q. Temporary Community Garden Sale.
1. Allowable in association with all permitted community gardens;
2. Items for sale are restricted to produce and other horticultural plants grown on-site and
value-added products such as pickles and lams; and
3. Allowable four times per property, per calendar year, but for no longer than 5 days per
occurrence. Individual occurrences may not be consecutive.
Section 13. That Article 3. Development Standards, Division 25. Dog-friendly
restaurants, Section 3-2505. Permit expiration and revocation, be amended to read as follows:
Section 3-2505. — Permit expiration and revocation.
* * * * * * * * * *
B. Dog-Friendly Restaurant p42ermits shall expire on September 30 of each year and shall be
renewed yearly to continue operation as a dog-friendly restaurant.
* * * * * * * * * *
Section 14. That Article 3. Development Standards, Division 26. Community Gardens
and Urban Farms, Section 3-2602. Operational requirements, be amended to read as follows:
Section 3-2602. —Operational requirements.
* * * * * * * * * *
B. Limited on-site sales.,Sale Of Pr-GGf6IGe and P/a n nammU Rity gaF deR is ate+ is+o a�or-0 +� ho
are rev+t AR_RQed +a ho calx! I.yha1esa Ie aar A-ffe re d- far calo as +ho 1.aromico0-I.-
1
1. On-site retail sales of the produce and horticultural plants grown in a community garden,
including value-added products such as pickles and lams, and compost generated on-
site are permitted as an accessory use only in the Commercial (C), Institutional (1), and
Downtown (D) Districts.
2. No retail sale activities shall take place before 7:00 a.m. or after 9:00 p.m. All activities
shall comply with the city's noise ordinance.
* * * * * * * * * *
G. Fences. Only the following standards shall apply to fences surrounding community gardens.
17 Ordinance No. 9643-23
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1. Fences shall be permitted up to a maximum height of four feet along the front property
line(s) abutting any rights-of-way. Fences may be permitted up to a maximum height of
six feet provided the fence is primarily open style with separated pickets.
2. Fences shall be permitted to a maximum height of six feet on any side or rear property
line.
3. Gates, arbors, trellises, pergolas, and similar entry components. Gates, arbors, trellises,
pergolas, and other similar entryway/access-enabling components incorporated into a
fence or wall opening may include a height of no more than eight feet overall and may
extend no more than one foot horizontally on each side of the opening and no more than
three feet from the face of the fence or wall.
Section 15. That Article 4. Development Review and Other Procedures, Division 2.
General Procedures, Section 4-201. Optional pre-application conference, be renamed and
amended to read as follows:
Section 4-201. —oaf Ppre-application conference.
A. Applicants for a proposed development in the US 19 or Downtown zoning districts shall
have a pre-application conference with the Community Development Coordinator or his/her
designee prior to development application, unless otherwise waived by the Community
Development Coordinator, to review the preliminary site plan, building elevations, and other
materials required by the Community Development Coordinator. Those development
projects that are exempt from the US 19 Zoning District and Development Standards
pursuant to Section B-104.0 or the Downtown District and Development Standards
pursuant to Section C-104.B shall be exempt from this requirement.
B. Proiects in all other zoning districts. An applicant for development approval may request an
informal conference with the community development coordinator prior to filing
an application for the purpose of discussing the proposed development and to identify the
views and concerns of the applicant and the city's professional staff.
Section 16. That Article 4. Development Review and Other Procedures, Division 6.
Level Three Approvals, Section 4-606. Development Agreements, be amended to read as follows:
Section 4-606. — Development agreements.
* * * * * * * * * *
B. Application requirements. In addition to the basic information required by Section 4-202.A.
and the fee required by Section 4-202.F., an application for approval of any type of
development agreement shall be accompanied by:
1. A statement of the requested duration of the agreement, which shall not exceed ten
years for a hotel density reserve development agreement and 2-8 thirty (30) years for a
general development agreement.
* * * * * * * * * *
C. Staff review and report.
1. Hotel Density Reserve Development Agreements. The community development
coordinator shall review the application for a hotel density reserve development
agreement with the development review committee in accordance with the provisions
18 Ordinance No. 9643-23
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of Section 4-202(C) and (D) and shall prepare a written recommendation to the City
Council.
2. General Development Agreements. The community development coordinator shall
review the application for a development agreement with the development review
committee in accordance with the provisions of Section 4-202(C) and (D) and shall
prepared a written recommendation to the community development board.
* * * * * * * * * *
G. Contents of development agreement/recording.
1. Contents. The approved development agreement shall contain, at a minimum, the
following information:
a. A legal description of the land subject to the development agreement.
b. The names of all persons having legal or equitable ownership of the land.
c. The duration of the development agreement, which shall not exceed ten years for a
hotel density reserve development agreement or 2G thirty 30 years for a general
development agreement.
* * * * * * * * * *
J. Expiration or revocation of approval. The city manager shall review all lands within the city
subject to a development agreement at least once every 12 months to determine if there
has been demonstrated good-faith compliance with the terms of the development
agreement. The city manager shall m-ake an "'ram ial report to the city council as to the
results of this review in the event a finding is made that that a property owner has not
demonstrated good-faith compliance with the agreement terms. In the event the city council
finds, on the basis of substantial competent evidence, that there has been a failure to
comply with the terms of the development agreement, the development agreement may be
revoked or modified by the city council upon giving at least 15 days written notice to the
parties named in the development agreement. Such termination of a development
agreement shall occur only after compliance with the public hearing and notice
requirements of Section 4-206.
Section 17. That Article 8. Definitions and Rules of Construction, Section 8-102.
Definitions, be amended to read as follows:
Section 8-102. - Definitions
For the purposes of this Development Code, the following words and terms have the meanings
specified herein:
* * * * * * * * * *
Community gardens means a use of property where more than one person grows produce and/or
horticultural plants for their personal consumption and enjoyment, for the consumption and
enjoyment of friends and relatives and/or donation to a not for profit organization, or the
consumption and enjoyment of others through limited incidental retail sale on-site of goods grown
on-site as permitted by the zoning district. Community gardens may also be designed for
beautification of the community, and/or may be used for educational purposes.
* * * * * * * * * *
Duplex means an attached dwelling with two dwelling units.
19 Ordinance No. 9643-23
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* * * * * * * * * *
(Remove existing graphic and replace with new graphic)
INTERIOR
LOT
CORNER NER DOUBLE
DOUBLE FRONTAGE
LOT FRONTAGE
LOT
LOT
INTERIOR
LOT
CORNER MULTI DOUBLE
LOT FRONTAGE FRONTAGE
LOT LOT
Lot, multi-frontage, means a lot bounded by three or more street rights-of-way.
* * * * * * * * * *
20 Ordinance No. 9643-23
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Porch means a roofed, unenclosed structure attached to a residence consisting of a floor that is
typically raised above finished grade of a lot.
* * * * * * * * * *
Residentially designated downtown property means any parcel of property in the Downtown ("D")
District designated with Street Types E or F on Figure 2. Regulating Plan —Street Types and Key
Corners, as contained in Appendix C of this Development Code.
* * * * * * * * * *
Stoop means the elevated landing and stairs leading to the main entrance of a residence.
* * * * * * * * * *
Section 18. That Appendix B. US 19 Zoning District and Development Standards,
Division 1. General Provisions, Section B-104. Applicability of Development Standards, be
amended to read as follows:
Section B-104. —Applicability of Development Standards.
* * * * * * * * * *
C. Exemptions
The following types of development are exempt from all or a portion of the Development
Standards as follows.
* * * * * * * * * *
5. Change of Use. Projects involving only a change in use are exempt from the
Development Standards in Appendix B, Divisions 4, 5 and 6, but shall comply with the
bicycle parking standards in Section B-303.D when the change of use results in an
increase in the minimum number of bicycle parking spaces required. When applicable,
this shall only apply to the increase in bicycle parking required for the new use.
6. Improvement, Remodel, or Reconstruction. Building improvement and remodel
projects, including reconstruction of buildings in the general location or footprint of
buildings being replaced, with up to 5 percent additional gross floor area, shall be
exempt from the Development Standards as follows.
a. Building improvement, remodel, or reconstruction projects valued at less than 25
percent of the total assessed building value as reflected in the Property Appraiser's
current records at the time of application are exempt from the Development
Standards in Appendix B, Divisions 4, 5 and 6, except that the location of any new
floor area, including accessory structures, shall be compliant with the setback
requirements in Division 4 of these standards to the greatest extent practicable as
determined by the Community Development Coordinator, and bicycle parking shall
be provided for any new floor area consistent with the bicycle standards in Section B-
303.D.
b. Building improvement, remodel, or reconstruction projects valued at 25 percent or
more of the total assessed building value as reflected in the Property Appraiser's
current records at the time of application, are exempt from all but the pedestrian
walkway standards in B-503.C, the surface parking and service area standards in B-
504.A.1, the biGYGIe park,,," stand-,-d9 it Q_Fnn r and the landscape requirements
in B-505.A of these standards, which shall be brought into compliance to the greatest
extent practicable as determined by the Community Development Coordinator.
Additionally, the location of any new floor area, including accessory structures, shall
21 Ordinance No. 9643-23
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be compliant with the setback requirements in Division 4 of these standards to the
greatest extent practicable as determined by the Community Development
Coordinator, and bicycle parking shall be provided for any new floor area consistent
with the bicycle standards in Section B-303.D. Landscape requirements in B.504.A.1
and B.505.A may be modified as part of a comprehensive landscape program
pursuant to the criteria set forth in Section 3-1202.G 3-�Q.
* * * * * * * * * *
Section 19. That Appendix B. US 19 Zoning District and Development Standards,
Division 2. Regulating Plan, Figure 1. Regulating Plan, be amended to read as follows:
(Remove existing Figure 1. Comprised of 6 maps and replace with the following 6 maps which have been
updated to reflect the annexation of the following properties: 18600 US Highway 19; 24479 US Highway
19; two unaddressed properties on the east side of US Highway 19, south of Sunset Point Road, and
portions of. 2891 Gulf to Bay Boulevard, 2975 Gulf to Bay Boulevard, and 2970 Gulf to Bay Boulevard.)
22 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Figure Regulating Flare
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23 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
FigUre i?,guI'.iting plan(cGntinLj,ed
US 19 S"u district
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24 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Figure I.Regulating Plan(rai�tinrred)
US 19 Subdistricts
US 19 Regional Center
- Crty ='�DiPhrnitr Or
US igNeighborhood Center +�
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25 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Figure L Regulating Plan eranti,nLred
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26 Ordinance No. 9643-23
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Figure L Ri?,quliting plan icGntinued
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27 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
FigUre L Regulating Pian,(cmitinUed
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28 Ordinance No. 9643-23
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Section 20. That Appendix B. US 19 Zoning District and Development Standards,
Division 3. Subdistrict Standards, be amended to read as follows:
Section B-303. — Permitted Uses & Parking
A. Use & Off-Street Parking Table
Permitted uses and approval levels by Subdistricts, along with off-street parking
requirements, are listed in Table 2. Use aAd & Off-Street Parking. Active uses are required
at identified key corners, as defined in Section 13-303.13. Pursuant to Section B-801, new
construction projects on sites of 10 acres or more shall require at a minimum a Level One
(flexible standard development) approval unless the proposed use or proposal otherwise
requires a Level Two (flexible development) approval.
Table 2. Use and Off-street Parking
* * * * * * * * * *
NONRESIDENTIAL USES
* * * * * * * * * *
Nightclubs FLS FLS FLS 1. See footnote 1. 4/1,000 SF
2. See footnote 2. GFA
* * * * * * * * * *
Schools FLD FLD FLS 1. All off-street parking is located at least 200 1 per 3 students
ren feet from any property designated as or as
residential in the Zoning Atlas. determined by
the community
development
coordinator
based on
Florida Building
Code parking
standards
* * * * * * * * * *
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 of land used for purposes of a place of worship
or a public or private school unless the intervening land uses,structures or context are 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 1 Flexible Standard Development(Community Development Coordinator approval required).
FLD=Level 2 Flexible Development(Community Development Board approval required).
X=Not 411ewe61 Permitted
New construction projects on sites of 10 acres or more shall require,at a minimum,a Level One(flexible standard development)
approval unless the proposed use or proposal otherwise requires a Level Two(flexible development)approval.
* * * * * * * * * *
C. Parking Reduction
For all uses listed in Table 2. Use & Off-Street Parking, a reduction in the minimum number
of parking spaces may be approved. The combined effect of all applicable reductions in
29 Ordinance No. 9643-23
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this section shall not reduce the off-street parking required by more than 25 percent without
a parking demand study pursuant to the flexibility provisions in Section B-703.A. Parking
reduction factors are provided in Table 3. Parking Reduction Factors.
* * * * * * * * * *
D. Bicycle Parking
1. Short-term and long-term bicycle parking requirements are listed in Table 4. Bicycle
Parking.
Table 4. Bicycle Parking
Attached Dwellings 2 min., or 1 space per 10 units 1 per 2 dwelling units. Units with private
(1 —100 units) garage or private storage space are
exempt.
Attached Dwellings 1 space per 20 units 1 per 4 dwelling units. Units with private
(101+ units) garage or private storage space are
exempt.
Bars, Brewpubs, 2 min., or 1 per 5,000 SF GFA None
Restaurants
Offices 2 min., or 1 per 10,000 SF GFA 2 min., or 1 per 10,000 SF GFA
Parking Garages 6 min., or 1 per 20 vehicle parking spaces, None
whichever is greater
Public Transportation 10 min., or 1 per 5,000 SF GFA 4 min., or 1 per 10,000 SF GFA
Facilities
Retail Sales and 2 min., or 1 per 5,000 SF GFA None
Services, Retail
Plazas,Alcoholic
Beverage Sales
All Other 2 min., or 1 per 10,000 SF GFA None
Nonresidential Uses
2. All short-term bicycle parking areas shall be in highly visible locations along pedestrian
walkways and near building entries.
3. All bicycle parking provided shall comply with the bicycle parking standards in Section
3-1411 of this Development Code.
***RELETTER REMAINING TABLES IN APPENDIX B, PENDING APPROVAL OF NEW
TABLE 4. ABOVE***
Section 21. That Appendix B. US 19 Zoning District and Development Standards,
Division 4. Street Frontage Standards, be amended to read as follows:
Section B-401. —General.
Street frontage standards in this section regulate conditions along the five street frontages types
established in Section B-203. Street Frontage Types and;include building;setbacks and spacing,
pedestrian and landscape improvements, parking and vehicular circulation, and front building
facades and entries. The location and extent of each street frontage type is illustrated in Figure
1. Regulating Plan. Table 54. Summary of Street Frontage Standards provides an overview of
requirements by street frontage type.
30 Ordinance No. 9643-23
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Table 54 Summary of Street Frontage Standards
Standard Type A+ Type B Street Type D Type E
Frontage Type
c
* * * * * * * * * *
* * * * * * * * * *
Section B-402. — Type A street frontage.
* * * * * * * * * *
E. Front Building Facades and Entries
In addition to the building design standards in Division 6, the following standards for front
building facades and entries shall apply.
1. Ground floor front building facades shall generally be aligned along front setbacks parallel
to streets and be designed to meet the following standards.
a. For a building with a nonresidential use, a minimum of 40 percent of the total area of
the ground floor facade shall be comprised of transparent windows or doors. Glass
utilized to provide this transparency shall have visible light transmittance to the
maximum allowed by the Energy Code, shall not have reflective or mirrored coating
or other treatments including but not limited to dark tinting, colored or opaque films,
boards or paint. mer the ere erJ fleer free+ fanarJoc of h6 liI diR@6 Ye,i+h AG—A rocirJor,+i�l
uses a mie6imim of it 0 eeFGeR+of+he+e+al erg of the ere Rd- floor d uz ch-ll neecic+
0
r ee+ 'er-0en, .�er-0 dee.r with +r.�e .ter + @Ia a Yn,i+h ee mere +h.;e 1(1
vnr�'mcrvvP$�rnrcrvvr$ ��rr-�rar�rS�ar2l�r-ger
* * * * * * * * * *
Section B-403. — Type B street frontage.
* * * * * * * * * *
E. Front Building Facades and Entries
In addition to the building design standards in Division 6, the following standards for front
building facades and entries shall apply.
1. Ground floor front building facades shall generally be aligned along front setbacks
parallel to streets and be designed to meet the following standards.
a. For a building with a nonresidential use, a minimum of 40 percent of the total area
of the ground floor facade shall be comprised of transparent windows or doors.
Glass utilized to provide this transparency shall have visible light transmittance to
the maximum allowed by the Energy Code, shall not have reflective or mirrored
coating or other treatments including but not limited to dark tinting, colored or
opaque films, boards or paint. For the ere.ier! fleer free+ fanarles of h6 liIdiR@6
ene_recidee+ial uses, m6 a minim,im of 40 eernee+ of+he +n+�I �re� of+he ereler! floor
Pe mere +hae 10 eernee+ daylieh+ red lGtiee /+ie+ieel and ee reflen+i"o er mirrerer!
reatiee Or+re R+mee+
* * * * * * * * * *
Section B-404. — Type C street frontage.
* * * * * * * * * *
E. Front Building Facades and Entries
31 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
In addition to the building design standards in Division 6, the following standards for front
building facades and entries shall apply.
1. Ground floor front building facades shall generally be aligned along front setbacks
parallel to streets and be designed to meet the following standards.
a. For a building with a nonresidential use, a minimum of 40 percent of the total area
of the ground floor facade shall be comprised of transparent windows or doors.
Glass utilized to provide this transparency shall have visible light transmittance to
the maximum allowed by the Energy Code, shall not have reflective or mirrored
coating or other treatments including but not limited to dark tinting, colored or
opaque films, boards or paint. For the ground- fleer free+ fanarles of h6lildiRgG
PAP FAcir-0ee+i.tel icec mieim-Wm of it(1 carne e+ of+he +�+.�I .area of+he ere ler-0 fleer
0
pe mere +hae 10 eernee+ daylight red lGtiee /+ie+ieel and ee reflen+i"o er mirrerer!
* * * * * * * * * *
Section 22. That Appendix B. US 19 Zoning District and Development Standards,
Division 5. Site Design Standards, be amended to read as follows:
* * * * * * * * * *
Section B-502. — Development Pattern.
* * * * * * * * * *
B. Drive Networks
* * * * * * * * * *
3. New primary and secondary drives shall be designed consistent with the standards in
Table 65. Locational & Design Standards for New Drives.
Table 65. Locational and Design Standards for New Drives
Drive Locational&Design Standards
Type
* * * * * * * * * *
* * * * * * * * * *
Section B-503. —Access and circulation.
* * * * * * * * * *
B. Reconstruction of Sidewalks & Landscaping
Reconstruction of existing sidewalks and landscape within rights-of-way shall be required.
To the extent possible given right-of-way limits and utility conflicts, and with approval of the
FDOT, Pinellas County, and/or the City, reconstruction shall follow the general standards for
landscaping and sidewalks provided in Table 65. Locational & Design Standards for New
Drives.
* * * * * * * * * *
D. Cross Parcel Connections
To facilitate circulation and improve accessibility, vehicle and pedestrian facilities es
on adjacent sites shall be interconnected. 9 Existing and planned parking lot drive
aisles and pedestrian walkways shall be aligned and connected with abutting sites. In cases
32 Ordinance No. 9643-23
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where no connection exists on an abutting developed site, and drive aisle and pedestrian
walkway stub outs shall be constructed OR properties ah,,++iRg ,lRdeVeIG) ed to allow for
future connections.
* * * * * * * * * *
Section B-504. - Parking & Service Areas.
A. Surface Parking & Service Area
* * * * * * * * * *
3. Surface parking spaces provided between 85 percent and 125 percent of the minimum
required in Table 2. Use & Off-Street Parking may utilize reinforced grass or other
permeable surface. All surface parking spaces provided in excess of 125 percent of the
minimum required in Table 2. Use & Off-Street Parking shall utilize reinforced grass or
other permeable surface. All driveways and/or access aisles shall be improved with a
permanent all-weather paving material which is graded to drain stormwater, consistent
with Section 3-1403.A.
* * * * * * * * * *
GyGie ParkiRg
parked bike for every 10 VehiGle parkiRg spaGeS. All biGYGIe parkiRg areas shall h-ea on hkj#[Y-
Ad shall r- Fn 1
;nii+h hiLo r;;rk rt;;Ard.;rrdc ir, Con+inp 2 1411
* * * * * * * * * *
Section B-506. - Stormwater Management.
Stormwater retention and detention areas are not permitted in front setbacks or between any
street and any building ;aRGIscan�eG unless located underground in exfiltration trenches or
open-bottomed underground storage and retention systems, or as part of a Low Impact
Development stormwater management system incorporating features such as rain gardens and
vegetative swales, or pervious pavers or pavement for pedestrian use. Traditional stormwater
facilities such as dry and/or wet retention/detention ponds are permitted to the rear and side of
buildings.
* * * * * * * * * *
Section 23. That Appendix B. US 19 Zoning District and Development Standards,
Division 6. Building Design Standards, be amended to read as follows:
Section B-602. - Fagade treatment and design.
* * * * * * * * * *
B. Limited Blank Facades
Blank sections of ground floor building fagades fronting or within view of streets, pedestrian
walkways, or other-aPd public spaces shall not exceed 20 feet in length. Elements such as
windows, doors, balconies, columns, pilasters, changes in material, or other architectural
details that provide visual interest shall be distributed across the fagade in a manner
consistent with the overall design of the building.
* * * * * * * * * *
33 Ordinance No. 9643-23
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E. Upper Floor Facade Articulation and Fenestration
* * * * * * * * * *
3. To minimize blank facade areas along street frontages, facades fronting streets and new
Primary drives shall provide fenestration (doors, windows or other openings) to an extent
of a minimum of 20 percent of each floor's facade area as measured between finished
floor and finished ceiling.
* * * * * * * * * *
Section B-604. - Building entries.
* * * * * * * * * *
B. Design Treatment
Building entries shall be distinguished by facade design; accomplished through the use of a
combination of materials, articulation, or other architectural treatments such as variation in
building height, arches, canopies, columns,towers, or similar treatments that provide interest
to the building facade and draw attention to the entrance.
* * * * * * * * * *
Section B-606. - 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.
A. Equipment Placement. Equipment shall be placed on roofs or to the rear or side of buildings
and shall not be placed in front setbacks or between any street and any building.
B. Equipment Screening.
1. Ground-mounted mechanical €equipment shall be screened from public view by
landscape screens or architecturally-finished walls and enclosures designed consistent
with the exterior facade of the building.
2. Rooftop-mounted mechanical a4:l4 equipment shall be screened by a parapet wall,
articulated roofline or other roof screen, or similar device that is integrated into the building's
architectural design and of a height equal to or exceeding the height of the mechanical
equipment being screened.
3. Eelevator penthouses shall be designed to complement the design of street-facing
building facades and shall be clad on all sides in material used on street-facing facades.
Section 24. That Appendix B. US 19 Zoning District and Development Standards,
Division 7. Flexibility, be amended to read as follows:
Section B-703.- Flexibility provisions.
Flexibility may be approved subject to the standards below.
A. Subdistrict Standards -Off-Street Parking
34 Ordinance No. 9643-23
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* * * * * * * * * *
B. Street Frontage Standards - Building Setbacks
1. Front building setbacks less than the minimums or greater than the maximums allowed
in Appendix B, Division 4 may be approved for projects with site constraints such as
shape irregularities and/or the presence of natural features, existing utilities, utility
easements, or access easements making meeting setback requirements impractical or
infeasible. Where front building setbacks are reduced, required pedestrian areas along
front building facades may be reduced by no more than 20 percent, and the landscape
area may be modified as part of a comprehensive landscape program pursuant to the
criteria set forth in Section 3-1202.G 2—r204.Q.
* * * * * * * * * *
E. Street Frontage Standards - Front Building Facades and Entries
1. For buildings on interior lots, front building facade and entry flexibility may be approved
for only one of the following, as illustrated in Figure 16. Interior Lot Frontage Design
Flexibility.
a. For buildings along Street Frontage Types A, B, and C, the extent of transparent
glazing along a building's ground floor front facade may be reduced to 25 percent if
the building's ground floor side facade is designed to meet standards applicable to
the front facade, including requirements for pedestrian and landscape improvements.
b. Building entries along a side facade may be approved in lieu of entries on the front
facade, as required in Appendix B, Division 4 and in Section B-604.A, if the entries
are clearly visible from and within 40 feet of the street frontage and both facades are
designed to meet all standards applicable to front facades, including requirements for
transparency and pedestrian and landscape improvements.
2. For buildings on corner lots, front building facade and entry flexibility provisions for corner
lots may be approved for only one of the following, as illustrated in Figure 17. Corner Lot
Frontage Design Flexibility.
a_F^ sat GGFRer lGGatiG R6 449The extent of transparent glazing along the
building's ground floor front facade with the lowest level of existing or planned
pedestrian activity may be reduced to 25 percent. Thcrve flovihility nrnVicinnc aro
Cain6 lro 16, F=FGRta@e DeGi@R Clexihilit-y
�rrr�
Con4inn R-6-04 A magi be annrnVed nnnc0c4on4 I.Vith nno of the fnllE)Winn
fir! hnth fanarlo6 deGi@ied tG- MP-et S4ae as applin-hlo 4n freRt faGadec
innl6ldinn ron6liromeRtG fnr norloctFi-n -nr! I-Rd-GGano imnrniomon4c
b F=n-.r h,�ildip@G at,.GFRer IGGatiGRG h,liIdiR@ Building entries along one front facade may
be approved in lieu of entries on both front facades, as required in Appendix B,
Division 4 and in Section B-604.A, if the entries are clearly visible from and within 40
feet of the street frontage and both facades are designed to meet all standards
applicable to front facades, including requirements for transparency and pedestrian
and landscape improvements.
3. For projects on sloping sites where site grades make meeting the requirements for
finished floor elevation standards for residential buildings in Appendix B, Division 4
impractical or infeasible, a finished floor elevation of up to 48 inches may be approved.
For those portions of a residential building that are used for nonresidential uses such as
lobbies, fitness centers, or similar shared spaces, a finished floor elevation of less than
18 inches may be approved.
35 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
(Remove existing Figure 16 comprised of 1 image and replace with the following Figure 16 and Figure 17)
Figure 16. Frontage Design Flexibility - Interior Lot
Primary building entry maybe on side facade if entry
is vhihIc from and within 44 feet of street frontage
and both facades meet standards.I
for front facades,
i
j
1
r
Side Burlding Facade r - F°at Bury
ding Facatle
j
1
f
� 141i 1s4 A f t til 1 ref4y ri
� r
I
r � rt Ii(li Srr c}rlr ;t ;+
li�( i t
f1r t , i
0.5 a k ss,rai r i 4 t r 1 { r t 4u f }s i t r4 ,,ua M'n mnm
Min'mum 403i '" ,;4 j\1 } tly t y {} 4ft} 11- t 1 '��*"t'" �m 2594,Trans for
Transparency for Pr mart'6u Id g E t y "mo"`"'b'ua t} f S tt t! r W nd—&Doors
w'ndows&Doors ; rf rl r r j r r ( r i rS ..,. - tom Primary Build-ng
rf I; S7. s tl t�r. l 1t) t
3! r -t rsu Entry
r ,Ari'
Pedeso-an&Landsape
Improvements
Side Property Line I Front Property Line(Rlght
Figure 17. Frontage Design Flexibility - Corner Lot
Puma ry building entry may be on one front facade only if entry
is visible from and within 40 feet of street frontage
and both facades meetstani for frontfacades.
Front Building Facade
- _ Front Suifdigg Facade
i f L si ; 51r l s{I�II Ir lil-i ill}l l j�
��{ill ltij r { ,. r�lrr� il��k SCJ 0 I
11s f�ltr r iii r c r
ft r � � I ii rfI Itl\rt«It f � t irl I 1
a r f r
l
rr , if
r 1 f sill l r t�{ rs iV 7i ( r_n
r( ( VSr( j r irl fprj tr r r { ��
"
y f is rt r fax-,ifM' 25x6
tz fs V4 t l tr ' T sparenry for
Minimum 404(,Transparency ?,ad;,.,�r r s,;t t S f - r r f ti`a \ Windows&Doors
for W'nd°ws&Doors y q Entrt' "'ftr`du Primary 6U11ding Entry
Mi Building
Pedestrian&Landscape--
Improvements
Frontage with Higher Level of Pedestrian Activity Frontage with Lower Level of Pedestrian Activity
Front Property Line(Right-of-Wal Front Property Line(Eightof Way)
36 Ordinance No. 9643-23
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F. Site Design Standards - Development Pattern
Flexibility in the application of requirements for development blocks and drive networks found
in Section B-502.A and Section B-502.8 for pei.v streets; and drn,oc and- de-VelopmeRt hle&
may be approved for projects on sites where the applicant demonstrates that site size,
dimension, shape, or presence of constraints such as natural areas, utilities or utility
easements, or other existing features make meeting these requirements infeasible.
G. Site Design Standards - Cross Parcel Connections
1. Flexibility in the provision of cross parcel connections may be approved under one or
more of the following circumstances.
a. Where a new or improved connection could result in cut-through traffic on streets
serving residential uses.
b. Where site grades, natural areas, or other site constraints make meeting the
requirements impractical or infeasible.
c. Where applicants can satisfactorily demonstrate to the Community Development
Coordinator that the characteristics or layout of abutting properties would make
development of a unified or shared access and circulation system impractical or
where the applicant demonstrates that all reasonable steps were taken to secure joint
and cross access easements and that such steps failed.
2. Where flexibility in the standard is allowed, pedestrianPo,—�rian connections shall be
provided whprp wRh;,.,,1,�,;;r rAAmes+�s ;;rafA,,rel +„ hR iRappFepFiate, impFaGtiGal, eF
ir,fo.�cihlo
H. Site Design Standards - Pedestrian Walkways through Parking Lots
Flexibility in the provision of pedestrian walkways through parking areas required in Section
B-503.0 for vehicle sales/displays uses may be approved provided the project's pedestrian-
and transit_ orientation and connectivity to adjacent parcels is not negatively affected.
I. Site Design Standards - Fences &Walls Along Street Frontages
Flexibility in the prohibition of fences and walls in front of buildings along Street Frontage
Types A, B, and C in Section B-505.8 may be approved where the placement of a fence or
wall in front of the building does not negatively affect the project's pedestrian- and transit
orientation, or connectivity to adjacent parcels. This provision shall not apply to low (24 to 36
inches) opaque walls required for screening of parking or automobile service stations.
J. Site Design Standards - Stormwater ManagementPaGility l ,),.beep
Flexibility in the location of stormwater facilities may be approved in one or more of the
following circumstances.
1. Where natural drainage features are maintained and conserved as an integral part of the
project's site design.
2. Where placement of stormwater facilities in front setbacks or between front building
facades and public sidewalks does not negatively affect the project's pedestrian- and
transit-orientation, limit connections between building entries and public sidewalks, or
require building placement and front building facade designs that do not comply with
requirements.
K. Building Design Standards - Facade Design &Articulation
Flexibility in meeting the facade design and articulation standards for limited blank facades
in Section B-602.8, facade bays in Section B-602.C, and upper floor facade articulation in B-
602.E may be approved where the alternative design treatment provides a varied and
37 Ordinance No. 9643-23
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interesting design,,and the alternative treatment is integral to the building's design and results
in facades of equal or better quality than the standards would produce.
Section B-704.- Flexibility Provisions for Special Project Types
A. Special Project Types
1. Flexibility in meeting the frontage, site, and building standards in Divisions 4, 5, and 6 for
large-scale mixed use projects and projects with employment-intensive land uses may
be approved by the Community Development Board. Projects meeting the following
criteria are defined as special project types for the purpose of this section.
a. Projects on sites greater than 20 acres with a mix of land uses including at least two
of the following uses: retail, including restaurants, retail plazas, and retail sales and
services; multi-family residential; overnight accommodations; or office.
b. Projects on sites greater than 10 acres with a proposed FAR greater than 1.25 and a
mix of land uses including at least two of the following uses: retail, including
restaurants, retail plazas, and retail sales and services; multi-family residential;
overnight accommodations; or office.
c. Projects on sites greater than 52_5 acres with employment-intensive land uses
meeting the criteria for such uses as defined in the Economic Development Strategic
Plan and providing opportunity for significant economic contribution to the City by
diversifying the local economy; by creating jobs with average wages exceeding the
annual average wage of Pinellas County; and which attract, retain, and expand
primary industries.
* * * * * * * * * *
Section 25. That Appendix B. US 19 Zoning District and Development Standards,
Division 8. Administration, Section B-801. Site plan approvals, be amended to read as follows:
Section B-801.-Site plan approvals.
A. Required Pre-Application Conference
A pre-application conference shall be required for all development applications within the US
19 District unless the development is exempt from the Development Standards pursuant to
Section B-104.0 or this requirement is otherwise waived by the Community Development
Coordinator.
B. Approval Authority
The final decision-making authority for site plans is either the Community Development
Coordinator for Level One approvals or the Community Development Board for Level Two
approvals, as specified in Article 4. The level of approval required varies by use and
subdistrict as specified in 400sde4 ;;„a Table 2. Use&aAd Off-Street Parking, which identifies
whether a use can be approved as a Building Construction Permit (Level 1 Minimum
Standard), or if Community Development Coordinator (Level One Flexible Standard
Development) or Community Development Board (Level Two Flexible Development)
approval is required. Projects on sites of 10 acres or more shall require at a minimum a Level
One (flexible standard development) approval. Projects requesting flexibility in the
application of Design Standards shall follow the process established in Section B-702.
38 Ordinance No. 9643-23
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Section 26. That Appendix C. Downtown District and Development Standards, Division
1. General Provisions, Section C-104. Applicability of development standards, be amended to
read as follows:
Section C-104. —Applicability of development standards.
* * * * * * * * * *
B. Exemptions
The following types of development are exempt from all or a portion of the Development
Standards as follows:
1. Change of Use. Projects involving only a change in use are exempt from the
Development Standards in Appendix C, Divisions 4, 5 and 6 and bicycle parking
requirements in Section C-303.0 ofthese st ds
2. Detached Dwellings. Detached dwellings lawfully existing on the date of the original
adoption (August 2, 2018) of these Development Standards may be expanded or rebuilt.
The location of any new or reconstructed floor area shall be compliant with all setback
requirements in Division 4 of these standards to the greatest extent practicable as
determined by the Community Development Coordinator. Existing driveways or parking
that does not comply with the parking location standards for the applicable frontage type
may remain. Existing carports may be enclosed, but new garages shall comply with
Section C-505.
3. Improvement or Remodel. Building improvement and remodel projects, including projects
with up to 7.5 percent or 5,000 square feet of additional gross floor area, whichever is
less, excluding detached dwellings, shall be exempt from the Development Standards as
follows.
a. Building improvement or remodel projects valued at less than 25 percent of the total
assessed building value as reflected in the Property Appraiser's current records at
the time of application or as established by a qualified independent appraiser using a
recognized appraisal method are exempt from the Development Standards in
Appendix C, Divisions 4, 5 and 6, except that the location of any new floor area,
including accessory structures, shall be compliant with all setback requirements in
Division 4 of these standards to the greatest extent practicable as determined by the
Community Development Coordinator.
b. Building improvement or remodel projects valued at 25 percent or more of the total
assessed building value as reflected in the Property Appraiser's current records at
the time of application or as established by a qualified independent appraiser using a
recognized appraisal method are exempt from all but Seot+aRs the existing street
preservation standards in C-502.A, the pedestrian circulation and access standards
in C-503.C, the parking and service area standards in C-504, and the landscaping
and fencing/walls in C-506 of these standards,which shall be brought into compliance
to the greatest extent practicable as determined by the Community Development
Coordinator. Additionally, the location of any new floor area, including accessory
structures, shall be compliant with all setback requirements in Division 4 of these
standards to the greatest extent practicable as determined by the Community
Development Coordinator.
4. Historic Designated Structures.The Community Development Coordinator may waive the
Development Standards for the renovation, expansion, or development of structures
which have been designated historic in accordance with the provisions of Section 4-607.
Changes to such structures shall comply with the standards for historic preservation in
Article-23, Division 10.
39 Ordinance No. 9643-23
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5. Parks and Recreation Facilities. Parks and Recreation Facilities on publicly owned land
shall comply with the Development Standards in Appendix C, Divisions 3, 4, 5, 6, and 7
to the maximum extent practicable as determined by the Community Development
Coordinator.
Section 27. That Appendix C. Downtown District and Development Standards, Division
2. Regulating Plan, Section C-203. Street type regulating plan and Figure 2. Regulating Plan –
Street Types and Key Corners, be amended to read as follows:
Section C-203. – Street type regulating plan.
A. Street Types and Key Corner Locations
Figure 2. Regulating Plan – Street Types and Key Corners establishes the applicability of
development standards in Appendix C, Division 4 based on a site's location along streets
and at key corner locations. As shown in Figure 2. Regulating Plan – Street Types and Key
Corners, streets are assigned a street type in descending alphabetical order based upon
intensity of pedestrian activity, or as determined by the Community Development
Coordinator. with high High levels of existing and planned pedestrian activity are assigned
Street Types A, B or C; streets with modest levels of existing and planned pedestrian activity
are assigned Street Type D; and streets with residential uses and the least amount of existing
and planned pedestrian activity are assigned Street Types E and F. For sites at locations
identified as key corners, specific development standards related to ground floor uses are
included in Appendix C, Division 4. The Service Street Type is applied to P494G streets and
alleys with very low levels of anticipated pedestrian activity that provide access to parking
and service areas.
B. Street Types Assignment
1. Along existing or proposed new p4al4G streets or for properties where street types are not
depicted on the Regulating Plan, an appropriate street type shall be established by the
Community Development Coordinator as part of an application for development approval.
2. If a property is landlocked, the Community Development Coordinator shall determine
which street type shall be utilized for the purpose of establishing setbacks.
C. View Corridors
The view corridor at the western terminus of Nicholson Street shall be preserved through an
open space corridor the width of the Nicholson Street right-of-way. The corridor shall extend
to the west to the mean high water line. Hardscaping improvements may occupy this space
provided the height does not exceed the average pre-development grade of the property
within the open space corridor. View corridors are shown on Figure 2. Regulating Plan—
Street Types and Key Corners.
(Remove existing Figure 2. and replace with the following maps that include additional street labels, adds
street type designations where missing on Turner Street and Bay Avenue, and removes the designation
of an unnamed alley located at 110 S. Ft. Harrison Avenue vacated by the city on October 20, 2022)
40 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Figure 2. Regulating Plan—Street Types and Key Corners
i
Cedar St
SeminolL
°a Eldr- 51....E 7
-
on+�
a
Drew St
} m r
d
ra
vn
O
tet` -
r- — eve an 1.
}
Pi r
c
®� a
0 L--.
Dort t
Md i
-
J y Chestnut St
d
StreetType A StreetType D ••• Service Streets
mm StreetType B StreetType E Key Corners
StreetTypeC Street Type F Key Corners,Festival Area
41 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
,
F-
----
c 4 p > L a c
w e v i d pN�Rn1
a -,.
Drew St
Ilti i
Grove
1L SC..
L
Laura St
a a _ park5t
_ - - Pierre St
o er E B
'
rartklin St
F an I rl St a Leon S#
u
T ouQ t St __....an Juan St
L
i
rt
i
View Corridor
H'ardscape Only
* * * * * * * * * *
Section 28. That Appendix C. Downtown District and Development Standards, Division
3. Character District Standards, be amended to read as follows:
* * * * * * * * * *
Section C-302. — Building height.
A. Maximum Building Heights. The maximum building height for each character district is shown
on Figure 8. Maximum Height & Height Transitions.
42 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
B. Height Transitions.
1. Buildings greater than 75 feet in height shall provide at least a 15-foot minimum fagade
step back from the lower floor fagade at or between the floors 3 through 6
along their frontages or along their primary street frontage if site has multiple street
frontagesab l#iR , n,,hl,,. StrAPtS Buildings greater than 150 feet in height shall have an
additional 15-foot minimum fagade step back at or between thea I-2th -rd IF+h floors 12
through 15 along their frontages or along their primary street frontage if site has multiple
street frontages ,h,ittiR , n,,hl,,. StrAPtS
2. Buildings along the boundary of the Downtown District and/or those properties within the
Downtown District for which the permissible maximum height would be greater than 10
feet higher than the permissible maximum height on an abutting parcel (see Figure 8)
shall have at least a 15-foot minimum facade step back from the lower floor facade at or
between the 3rd and 6th floor along the property line(s) which abut the boundary and/or
property with a lesser permissible height.
3. To avoid a monotonous streetscape, a building shall not replicate the step back
configuration of the nems adjacent buildings including those directly across rights-
of-way.
4. In addition to the step back requirements above, buildings, or portions of buildings located
on properties that are two acres or larger in size and located west of North Osceola
Avenue and north of Seminole Street, but not fronting on Cedar Street, and are greater
than 30 feet in height shall not be closer than 30 feet to any property.
* * * * * * * * * *
(Remove existing Figure 6. Comprised of 1 map and replace with the following map adding Vertical
Mixed-Use Exemption and corresponding footnote)
43 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Figure 6. Maximum Mixed-Use Density
J
CedarSt � I—' � --
J� /�
IS �
l[
,a . �11J1' 11 � 1C
v
"^m ldrtdge St—
lanes St
SIJ
F L .
I S i` �fE'W,L�tCin{t st -
', mn".
�C ,4 Farky,StS,f �}},_ f£sz� r vi i �Prerce,StIs *h :{N2�f1 } � f�O� � ��r�� � �9 I£ t.= ,yr'{t1£..` ,4 t £ r�e � � r ,[ourt ��p��rr ref
n
. urner5t— - l f--
IL -
Maximum Mixed-Use Density N/A
ranch equals 1,aD�feeh
Downtown District 50 N
&Development Standards '
Vertical Mixed Use Exemption
'Vertical mixed-use projects in the Downtown Districtare exempt from the requirements in Section 3-902.F.
Sources:CityofClearwater Planning&Development Department,Engineering Department,Pinellas County Property Appraiser
Prepared by:City of Clearwater Planning&Development Department January 2023
* * * * * * * * * *
Section C-303. — Permitted uses and parking.
A. Use and Off-Street Parking Table. Permitted uses and approval levels by character district,
along with off-street parking requirements, are listed in Table 1. Use and Off-Street Parking.
B. Residential and Overnight Accommodation (bed and breakfast) use restrictions. Only
residential and overnight accommodations (bed and breakfast) uses, where permitted, are
allowed in the Urban Residential 2, Neighborhood Infill, and Neighborhood Conservation
Frontages as defined in Appendix C, Division 4 except as provided for in Division 8. Flexibility.
44 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Table 1. Use and Off-Street Parkin
a° a°
w�
* * * * * * * * * *
NONRESIDENTIAL USES
* * * * * * * * * *
Community Gardens BCP BCP BCP BCP BCP NJene N/A
Limited on-site retail
sales may be
permitted as an
accessory use
consistent with the
criteria specified in
Section 3-2602.B.
* * * * * * * * * *
Overnight Accommodations X BCP gr—p BCP X 1.The use is 2/dwelling unit plus
(Bed&Breakfast) X accessory to the use 1/overnight
of the principal accommodation
building as a private unit
residence.
2.An owner or
manager shall reside
on the premises in
the principal building.
3. Food service in
conjunction with the
overnight
accommodations
shall be limited to
guests of the use,
and shall include at a
minimum service of
breakfast to guests.
4. Off-street parking
is screened to a
height of four feet by
a landscaped wall or
fence so that
headlamps from
automobiles in the
off-street parking
area cannot project
into adjacent
properties and
streets.
5. Receptions or
parties of any kind
are prohibited.
Overnight Accommodations BCP BCP 9C-P I BCP BCFJ None 0.75/unit
Hotel X
* * * * * * * * * *
Self Storage Warehouses FLS X FLS FLS FLS 1.The use shall be N/A
secondary to and
shall not exceed 25
percent of the gross
floor area of the
building in which it is
located aneth,-r
PFIRGIP I use.
2. Leasing office and
other non-storage
customer service
areas shall be
incorporated into the
45 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Table 1. Use and Off-Street Parkin
a° a°
w�
building frontage
along the primary
street.
3. Outdoor storage of
any kind shall be
prohibited.
4.Access to
individual storage
spaces shall be
provided from within
the building.
54.All loading areas,
including bays and
loading zones used
for the placement of
personal products
onto,or removal
from,a transportation
vehicle shall be
provided along the
interior side or rear of
the building and
screened from view.
* * * * * * * * * *
Footnotes:
1.The use shall not be located within 1,000 feet of another like use.
2.The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S.§381.986,as
amended.
Key:
BCP—Level 1 Minimum Standards(Building Construction Permit)
FLS—Level 1 Flexible Standard Development(Community Development Coordinator approval required)
FLD—Level 2 Flexible Development(Community Development Board approval required)
X—Not Permitted
* * * * * * * * * *
C. Bicycle Parking.
1. Lona-term 9bicycle Gpaees parking requirements shall be pFeyided for new development,
additions, and expansions nrn.,idinn Off-street narking as are listed in Table 2. Long-Term
Bicycle Parking and shall nnmnhi With the hinYnle narking 4-1 it I1
of this _QR_Vel9PMeRt ('' B 1ilrJiRgG With lose th-ap 5,000 Gq caro foot of nr966 h6lilGliRg
Table 2. Long-Term Bicycle Parking
A S .
Attached Dwellings (10 or more 1 per 4 dwelling units. Units with private garage or private storage space
units) are exempt.
Offices (5,001+SF GFA) 2 min.,or 1 per 10,000 SF GFA
Parking Garages 2 min.,or 1 per 20 vehicle parking spaces,whichever is greater
Public Transportation Facilities 4 min.,or 1 per 10,000 SF GFA
46 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
2. Where provided, short-term bicycle parking areas shall be in highly visible locations
along pedestrian walkways and near building entries.
3. All short-term and long-term bicycle parking provided shall comply with the bicycle
parking standards in Section 3-1411 of this Development Code.
Section 29. That Appendix C. Downtown District and Development Standards, Division
4. Frontage Standards, be amended to read as follows:
Section C-401. — Relationship between street types and frontage standards and hierarchy
of street types.
Street Frontage Types are described in Section C-203. Table 3. Frontages and Street Types
shows which development standards in this division apply by the street types shown in Figure 2.
Regulating Plan —Street Types and Key Corners. Multiple frontages can apply to a single project
along a street type. Street Types are organized by intensity of planned pedestrian activity with
Street Type A being the highest level and Street Type F and Service Streets being the lowest
level of planned pedestrian activity.
Section C-402. — Properties with multiple street frontages.
A. Definition of Primary and Secondary Street Frontages.
1. C^�--o PRJeGt '-;Otc'-; I.Vi+h m- 14ipl^ StFeet #G)Rtages iRGI6ldiRg ^^rem^r sites a A primary street
frontage shall be defoped established for project sites with multiple street frontages.
2. The primary street frontage shall be defined as the street frontage with the highest level
of designated street type or the highest level of existing and planned pedestrian activity
as defined in the Clearwater Downtown Redevelopment Plan and consistent with Section
C-203.A.
3. All other street frontages shall be secondary street frontages. As provided in Division 8.
Flexibility, a limited amount of flexibility in meeting requirements for frontages defined as
secondary street frontages may be approved.
B. QPfinotonn Assignment of Street Frontages for Cerrteres.
1_For GGFReFsites where the street type is the same on twe-all frontages, the primary street
frontage shall be def�ae assigned the frontage to which the majority of buildings on
adjacent sites are oriented and addressed.
2. In locations where the orientation of buildings on adjacent sites is unclear, the primary
street frontage shall be de#irred _as the—fFGRtage e.,hi^h the h6lilGIiRg is �rJ rJr^cc^rJ
determined by the Community Development Coordinator consistent with the vision of the
area pursuant to the Clearwater Downtown Redevelopment Plan. As provided on Division
.mac c^GG.R. GtFeet fr^R4. gee may be appFeyed
3. Primary street frontage requirements may be applied for up to 50% of the linear street
frontage of the secondary street frontage to wrap around the corner of a building that is
located at the intersection of two different Street Types. The balance of the secondary
street frontage shall revert to the standards of the applicable Street Type.
C. Application of Setbacks ^^ Tom„— "ugh
1. Double-Frontage Lots. For project sites with frontage on two parallel streets, ^^^o„�ip-14
is a c^r.,i^^ Street Type, the side setbacks applicable to the primary street frontage shall
apply.
47 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
2. Corner Lots. Front setbacks shall be applicable to the street frontages of corner lots, and
side setbacks shall apply to non-street frontages.
3. Multi-Frontage Lots. Front setbacks shall be applicable to all street frontages on multi-
frontage lots, and side setbacks shall apply to all non-street frontages.
* * * * * * * * * *
Section C-404. — Storefront 1 frontage.
* * * * * * * * * *
C. Front Setback Improvements.
Where front setbacks are provided, the area within the setback shall be improved primarily
as a hardscape extension of the public streetscape with no change in elevation from adjacent
sidewalks, no landscape areas, and no permanent physical obstructions such as a curbing,
railing, or fencing. Movable furnishings, including tables, seats, and landscape planers, are
permitted.
D. Ground Floor Fagades and Entries.
1. Building fagades along street frontages shall meet building design standards in Appendix
C, Division 6.
2. Ground floor front building fagades shall meet the following standards (D):
a. Building fagades shall be located along front setbacks and aligned generally parallel
to streets and n,,h';^ side a* the primary street frontage property line.
b. A minimum of 60 percent of the area of the ground floor fagade between 2 and 10
feet in height above adjacent ground level shall be comprised of transparent windows
or doors. Glass utilized to provide this transparency shall have visible light
transmittance to the maximum allowed by the Energy Code, shall not have reflective
or mirrored coating or other treatments including but not limited to dark tinting, colored
or opaque films, boards or paint consist of stArofrApt ,enr,rlpwq ;;Ad dpArg w0th
roflon+;„o „r r ,.,,,+;r,. „r+ro,+.,,or,+ Transom windows are encouraged above
storefront display windows. Residential window types, with closely spaced mullions
and recessed punched windows, are not allowed for storefront frontages. The bottom
of storefront windows shall be no more than 2 feet above the adjacent ground level.
c. Primary entries to individual ground floor tenant spaces and entries to shared lobbies
for upper story spaces shall be located along the front fagade and may be recessed
18 inches maximum.
d. For sites with multiple frontages, there shall be at least one entry to individualground
floor tenant spaces or entries to shared lobbies on each street frontage unless
provided on the corner of the primary street frontage and secondary street frontage.
de. Thresholds at front building entries and the ground floor finished floor elevation shall
match the elevation of the abutting public sidewalk or publicly accessible plaza.
e_f. The ground floor floor-to-structural-ceiling height shall be 14 feet minimum and
ground floor building space shall be designed to meet Florida Building Code
requirements for commercial uses.
3. Awnings, canopies, or other forms of weather protection shall be required along at least
80 percent of the front fagade and shall meet the standards in Appendix C, Division 6
(E).
* * * * * * * * * *
48 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Section C-405. — Storefront 2 frontage.
* * * * * * * * * *
B. Building Setbacks.
* * * * * * * * * *
3. To promote the continuity of frontages along front setbacks, the space between buildings
on the same or adjacent sites, or between building wings for"U"-shaped buildings, shall
be 80 feet maximum.
C. Front Setback Improvements.
1. Where front setbacks are provided, the area within the setback shall be improved
primarily as a hardscape extension of the public streetscape with no change in elevation
from adjacent sidewalks.
2. Landscape areas may account for 35 percent maximum of the front setback area. Such
landscaping shall comply with landscape requirements in Section 3-1202.
3. Low curbing up to six inches in height may be used to define the edge of landscape
areas but no permanent physical obstructions such as walls, railing, or fencing are
permitted.
D. Ground Floor Fagades and Entries.
1. Building fagades along street frontages shall meet building design standards in Appendix
C, Division 6.
2. Ground floor front building fagades shall meet the following standards (D):
a. Building fagades shall be located along front setbacks and aligned generally parallel
to G+r^^+G and r„,h';^ Gid^wa* the primary street frontage property line.
b. A minimum of 50 percent of the area of the ground floor fagade between 2 and 10
feet in height above adjacent ground level shall be comprised of transparent windows
or doors. Glass utilized to provide this shall have visible light transmittance to the
maximum allowed by the Energy Code, shall not have reflective or mirrored coating
or other treatments including but not limited to dark tinting, colored or opaque films,
boards or paint ^^^cic+ of sterefre.pt i.yipdeiys, -a^d deers I.Vi+h +r-;;R6paFeRt^Iazm^ With
mthaR 10 ^eFCeRt daylight Fed6l^+i9R (tiRtiRg) and ^^ rR-f1R-G+iVR- ^r miryAFAd
Transom windows are encouraged above storefront display
windows. Residential window types, with closely spaced mullions and recessed
punched windows, are not allowed for storefront frontages. The bottom of storefront
windows shall be no more than 2 feet above the adjacent ground level.
c. Primary entries to individual ground floor tenant spaces and entries to shared lobbies
for upper story spaces shall be located along the front fagade and may be recessed
18 inches maximum.
d. Thresholds at front building entries and the ground floor finished floor elevation shall
match the elevation of the abutting public sidewalk or publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling height shall be 14 feet minimum and
ground floor building space shall be designed to meet Florida Building Code
requirements for commercial uses.
3. Awnings, canopies, or other forms of weather protection shall be required along at least
80 percent of the front fagade and shall meet the standards in Appendix C, Division 6 (E).
* * * * * * * * * *
49 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Section C-406. —Workshop/flex frontage.
* * * * * * * * * *
B. Building Setbacks.
* * * * * * * * * *
2. To promote the continuity of frontages along front setbacks, the space between buildings
on the same or adjacent sites, or between building wings for"U"-shaped buildings, shall
be 80 feet maximum. shall be 80 feet maximum.
C. Front Setback Improvements.
1. The front setback area shall be improved as a landscape area with walkway connections
between sidewalks and front building entries. Low curbing up to six inches in height may
be used to define the edge of landscape areas but no permanent physical obstructions
such as walls, railings, or fencing are permitted between the street and front building
fagade.
2. Landscaping in the front setback area shall comply with landscape requirements in
Section 3-1202.
3. Hardscape areas improved as open-air patio or cafe space may account for 50 percent
maximum of the front setback area. Such areas may be defined by railings or low walls
36 inches maximum in height.
D. Ground Floor Fagades and Entries.
1. Building fagades along street frontages shall meet building design standards in Appendix
C, Division 6.
2. Ground floor front building fagades shall be designed to meet the following standards (D):
a. Building fagades shall be located along front setbacks and aligned generally parallel
to streets and p ,hli^ sirlowa* the primary street frontage property line.
b. A minimum of 40 percent of the area of the ground floor fagade between 2 and 10
feet in height above adjacent ground level shall be comprised of transparent windows
or doors. Glass utilized to provide this transparency shall have visible light
transmittance to the maximum allowed by the Energy Code, shall not have reflective
or mirrored coating or other treatments including but not limited to dark tinting, colored
or opaque films, boards or paint consist of stArofrApt ,e,ondp q ;;Ad dpArg w0th
reflon4iye �r mirr�rorJ 9r fro.;4moR4
c. Primary entries to individual ground floor tenant spaces and entries to shared lobbies
for upper story spaces shall be located along the front fagade and may be recessed
18 inches maximum.
d. Thresholds at front building entries and the ground floor finished floor elevation may
be elevated 18 inches maximum above the grade of the abutting public sidewalk or
publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling height shall be 14 feet minimum and
ground floor building space shall be designed to meet Florida Building Code
requirements for commercial uses.
* * * * * * * * * *
Section C-407. — Urban residential 1 frontage.
* * * * * * * * * *
50 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
B. Building Setbacks.
* * * * * * * * * *
3. To promote continuity of frontages along front setbacks, the space between buildings on
the same or adjacent sites, or between building wings for "U"-shaped buildings, shall be
20 feet maximum and may be occupied by a mid-block pedestrian passageway open for
tenant use. Where such space is provided with no pedestrian passageway or to provide
for a private courtyard, a 6-foot minimum, or 8-foot maximum high brick or other masonry
wall, wall with masonry columns linked by substantial grill work, or wall designed to match
the architectural design of the building shall be constructed in line with the front building
fagade.
* * * * * * * * * *
D. Ground Floor Fagades and Entries.
1. Building fagades along street frontages shall meet building design standards in Appendix
C, Division 6.
2. Ground floor front building fagades shall meet the following standards (D):
a. Building fagades shall be located along front setbacks and aligned generally parallel
to streets and n,,h';^ side a* the primary street frontage property line.
b. The finished floor elevation of ground floor residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units and shared lobby space providing
access to upper story units shall be located along the front fagade and be visible from
streets and sidewalks.
* * * * * * * * * *
Section C-408. — Urban residential 2 frontage.
* * * * * * * * * *
B. Building Setbacks.
* * * * * * * * * *
2. To promote the continuity of frontages along front setbacks, the space between buildings
on the same or adjacent sites, or between building wings for"U"-shaped buildings, shall
be 80 feet maximum.
* * * * * * * * * *
D. Ground Floor Fagades and Entries.
1. Building fagades along street frontages shall meet building design standards in Appendix
C, Division 6.
2. Ground floor front building fagades shall meet the following standards (D):
a. Building fagades shall be located along front setbacks and aligned generally parallel
to GtFeetG and n,,h';^ Gide „*& the primary street frontage property line.
b. The finished floor elevation of ground floor residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units, where provided, and shared lobby
space shall be located along the front fagade and be visible from streets and
sidewalks.
* * * * * * * * * *
51 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
Section C-409. — Neighborhood infill frontage.
* * * * * * * * * *
D. Ground Floor Fagades and Entries.
1. Building fagades along street frontages shall meet building design standards in Appendix
C, Division 6.
2. Ground floor front building fagades shall meet the following standards (D):
a. Building fagades shall be located along front setbacks and aligned generally parallel
to GtroetG and r„,h'i^ Gidewa*& the primary street frontage property line.
b. The finished floor elevation of ground floor residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches maximum above the grade of adjacent
sidewalks.
c. Primary entries to ground floor units and shared lobby space shall be located along
the front fagade and be visible from streets and sidewalks.
3. Front porches or stoops shall be provided at entries to individual ground floor units and
be designed to meet the following standards (E):
a. Porches may project 6 feet minimum, 10 feet maximum from front building fagades
into setbacks. Stoops may project 4 feet minimum, 6 feet maximum from front building
fagades into setbacks. Neither shall be located closer than 2 feet from front property
line.
b. For buildings at corner locations, porches shall be oriented to the primary street
frontage and wrap around frete the fagade a minimum of 6 feet along the secondary
street frontage
street fre—At-go
c. No more than two front porches or stoops serving adjacent units shall be connected.
d. Landscape areas shall be provided between individual or connected porches or
stoops and shall be at least 8 feet in length as measured along the front building
fagade.
4. Canopies or other forms of weather protection shall be provided at front building entries
to shared ground floor lobby space and shall meet the standards in Appendix C, Division
6 (E).
E. Parking.
1. In addition to the following standards, parking location, design and access shall meet the
standards in Appendix C, Division 5.
2. Surface parking shall be located to the rear of buildings away from the primary street
frontage and corner locations and shall comply with side and rear building setbacks.
* * * * * * * * * *
Section C-410. — Neighborhood conservation frontage.
* * * * * * * * * *
A. General. The Neighborhood Conservation Frontage Standards are intended for application
along Street Type F which is identified as appropriate for residential development and
redevelopment. Development standards for this frontage require detached dwellings and
attached dwellings (tWE) ,1ROtS Mm im mom" ORG1 1de rlo4-nhor! With ne o Garriage
house), as described in Table 4. Attached Dwelling Types General, oriented to public
sidewalks with front lawns and parking to the rear of occupied building space with allowance
for limited parking in private driveways to the side of houses. On local streets, two units
maximum may be permitted including one duplex or one detached dwelling with one carriage
52 Ordinance No. 9643-23
DocuSign Envelope ID:5CD18F09-0942-4C90-AB81-9518B1A78D5E
house. On collector streets, three units maximum may be permitted, including one duplex
and one carriage house.
* * * * * * * * * *
D. Ground Floor Fagades and Entries.
1. Building fagades along street frontages shall meet building design standards in Appendix
C, Division 6.
2. Ground floor front building fagades shall meet the following standards (D):
a. Building fagades shall be located along front setbacks and aligned generally parallel
to streets and p ,h'i^ sidewa'U& the primary street frontage property line.
b. Primary entries to ground floor units shall be located along the front fagade and be
visible from streets and sidewalks.
3. Front porches or stoops shall be provided at entries to individual units and be designed
to meet the following standards (E):
a. Porches may project 6 feet minimum, 10 feet maximum from front building fagades
into setbacks. Stoops may project 4 feet minimum, 6 feet maximum from front building
fagades into setbacks.
b. For buildings at corner locations, porches shall be oriented to the primary street
frontage and wrap around frete the fagade a minimum of 6 feet along the secondary
street frontage -a;d-exterad6- feet mining nq aIGRg the fagade iRg the SeGORdary
street fre—At-go '�
c. No more than two front porches or stoops serving attached units shall be connected.
d. Landscape areas shall be provided between individual or connected porches or
stoops and shall be at least 8 feet in length as measured along the front building
fagade.
E. Parking.
1. In addition to the following standards, parking location, design and access shall meet
+ the standards in Appendix C, Division 5.
2. Surface parking lots shall be located to the rear of buildings away from the primary street
frontage and corner locations and shall comply with side and rear building setbacks.
3. Parking is permitted in single width private driveways. Such driveways shall meet the side
setback requirement and be located to the side of buildings (F).
4. Parking incorporated in enclosed garages or the ground floor of a detached or attached
dwelling shall be set back 5 feet minimum from the front building fagade (G).
5. With approval from appropriate City, County or State authorities, parallel parking may be
constructed within the right-of-way along streets abutting the property.
Section C-411. - Frontage along service streets.
A. Building Setbacks. B61+4diRgs Except as provided in Section C-402.C, buildings with frontage
along streets designated as Service Streets on Figure 2. Regulating Plans - Street Types
and Key Corners, shall be placed consistent with the following building setbacks from
property lines:
1. Front Setbacks: 5 feet minimum.
2. Side Setbacks: 10 feet minimum.
3. Rear Setbacks: 10 feet minimum.
B. Front Setback Improvements. The front setback area& a4May be improved with landscaping
and fencing to buffer parking lot or parking structures and service areas. Such buffers and
fencing shall comply with standards in Appendix C, Division 5.
53 Ordinance No. 9643-23
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C. Parking and Vehicular Circulation. Parking, vehicular circulation, and other vehicular use
areas are permitted along the frontage and shall be located and designed to meet standards
in Appendix C, Division 5.
Section 30. That Appendix C. Downtown District and Development Standards, Division
5. Site Design Standards, be amended to read as follows:
* * * * * * * * * *
Section C-503. —Access and circulation.
* * * * * * * * * *
C. Pedestrian Circulation and Access.
1. Pp'r man Except for duplexes and detached dwellings on internal lots along Street Type
F, pedestrian walkways shall be provided to access parking lots and parking structures
behind or to the side of buildings, connect destinations on adjacent properties, connect
front building entries to adjacent sidewalks, and allow pedestrian circulation through
parking lots to create a continuous pedestrian network.
* * * * * * * * * *
c. Pedestrian scale lighting shall be provided alGRg pedeStri-RA
D. Cross Parcel Connections. To facilitate circulation and improve accessibility, vehicle and
pedestrian pat4& facilities on adjacent sites shall be interconnected, except for detached
dwellings and duplexes on interior lots along Street Type F. ParkiRg Existing and planned
parking lot drive aisles, private drives, private service drives, and pedestrian walkways shall
be aligned and connected with abutting sites. In cases where no connection exists on an
abutting developed site, and drive aisle and pedestrian walkway stub outs shall be
constructed OR propepties ah,,++iris ,IRGIe ,elOped to allow for future connections.
* * * * * * * * * *
Section C-505. —Garages for attached or detached dwellings.
A. Garages shall be located behind the principal building and accessed from public alleys,
private drives, or private service drives.
B. Where public alleys, private drives, or private service drives are not provided, single width
private driveways no greater than 10 feet in width maximum are permitted and the following
standards shall apply.
1. Attached, front facing garages serving detached dwellings, where permitted, shall be set
back 5 feet minimum from the front fagade of the building.
2. Detached garages shall be located be#-iRd the p;"'^"''e h,li!di g to the rear of the
property, not along the primary street frontage, and accessed from a single width private
driveway.
3. Attached or detached garages on corner sites shall be located to the rear of the property
away from the primary street frontage, oriented toward a secondary street frontage, and
accessed from a secondary street frontage by a single width private driveway.
54 Ordinance No. 9643-23
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Section C-506. — Landscape and fencing/walls.
A. Landscape Requirements in Article 3, Division 12. Landscape improvements shall meet the
general landscaping standards set forth in Article 3. Division 12 t}in addition to the frontage
standards in Appendix C, Division 4 and landscape and parking standards in Appendix C,
Division 5.
Section C-507. Stormwater Management
Stormwater retention and detention areas are not permitted in front setbacks or between any
street and any building unless located underground in exfiltration trenches or open-bottomed
underground storage and retention systems, or as part of a Low Impact Development stormwater
management system incorporating features such as rain gardens and vegetative swales, or
pervious pavers or pavement for pedestrian use. Traditional stormwater facilities such as dry
and/or wet retention/detention ponds are permitted to the rear and side of buildings.
Section C-508. —Waterfront development.
Waterfront development shall be located and designed to meet all of the following standards.
A. Waterfront Setback. deVe'GpMeRt Structures shall maintain a waterfront
setback of 20 feet minimum from the sea wall, property line, or mean high water line,
whichever is most interior to the property.
B. Parking.
1. Residential uses along Clearwater Harbor shall be designed with parking garages or
with parking areas internal to the site/building and screened from Clearwater Harbor.
2. Perimeter screening shall not be required for public parking located along waterfronts.
* * * * * * * * * *
Section C-510. — Swimming Pools.
Swimming pools for all attached dwellings except duplexes, shall be located on the roof of the
building or internal to the development site as a courtyard pool, surrounded on all four sides by
building(s), and not along street frontages as illustrated in Figure 31. Swimming pools for
detached dwellings and duplexes shall comply with the accessory structure provisions in Article
3, Division 2 of this code.
55 Ordinance No. 9643-23
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Figure 31. Swimming Pools
(Insert two new images for Figure 31 and renumber subsequent Figures accordingly)
�s
( t a
41?&�') t,_ }i�,�t �� w �tr t �(
yP�;i�
S)�P
4���i
a4!ll t�i(,�Il i t r r �CC1kls��wtly ltd 1�(t��VI� �1t�(
j ��i� r{Yl1�i tlst t��i y� rtV'IPS Pit - 1C4� F�t7n��{Q
tit t,1 if 5 Ss t a �
x14
Rooftop Swimming Pool Courtyard Swimming Pool
* * * * * * * * * *
Section 31. That Appendix C. Downtown District and Development Standards, Division
6. Building Design Standards, be amended to read as follows:
Section C-601. —General.
To support the creation of more pedestrian-and transit-accessible destinations, buildings shall be
located generally parallel to adjacent streets and designed to contribute to the creation of
attractive, accessible destinations. Building fagades along streets and public spaces shall be
designed with attractive ground floor fagades, well-defined building entries, and shall use quality
building materials. Buildings shall occupy a substantial portion of the frontage and be located to
minimize the visual impact of parking, loading, service and other vehicular use areas.
Section C-602. — Fagade treatment and design.
* * * * * * * * * *
C. Facade Materials All building facades within view of a p4al4G street, pedestrian walkway,
waterfront, or other public space, including side and rear facades, shall be constructed of
high quality materials such as brick, stone, architectural block, concrete with an architectural
finish, and traditional cementitious stucco. Side and rear facades shall use materials and
design features similar to or complementary to those of the front facade. The use of metal
facades shall not be permitted.
D. Upper Floor Facade Fenestration. To minimize blank facade areas along street frontages,
facades fronting streets and new primary drives shall provide fenestration (doors, windows
or other openings) to an extent of a minimum of 20 percent of each floor's facade area as
measured between finished floor and finished ceiling.
56 Ordinance No. 9643-23
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EO. Prohibited Glass Treatments on Ground Floors. The use of reflective, translucent, fritted, and
other forms of non-transparent glass in wall and window systems on ground floor facades is
prohibited.
***RELETTER REMAINING SUBSECTIONS, PENDING APPROVAL OF NEW D. ABOVE***
* * * * * * * * * *
Section C-605. - Building entries.
* * * * * * * * * *
B. Design Treatment. Primary building entries, including main entries to individual tenant spaces
and to lobbies used to access upper story building space, shall be distinguished by fagade
design, accomplished through the use of a combination of materials, articulation, or other
architectural treatments such as variation in building height, arches, columns, towers, or
similar treatments that provide interest to the building fagade and draw attention to the
entrance.
* * * * * * * * * *
Section C-606. - 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.
A. Equipment Placement. C-DI�+rlrn-0-AX- R-G""�'rraRiGalleleG+ri�laRr! Eequipment,
shall be placed on roofs or to the rear or side of buildings and shall not be placed in front
setbacks or between any street and any building.
B. Equipment Screening.
1. Ground-mounted mechanical €equipment shall be screened from public view by
landscape screens or architecturally-finished walls and enclosures designed consistent
with the exterior facade of the building.
2. Rooftop-mounted mechanical apd equipment shall be screened by a parapet wall,
articulated roofline or other roof screen, or similar device that is integrated into the building's
architectural design and of a height equal to or exceeding the height of the mechanical
equipment being screened.
3. Eelevator penthouses shall be designed to complement the design of street-facing
building facades and shall be clad on all sides in material used on street-facing facades.
Section 32. That Appendix C. Downtown District and Development Standards, Division
8. Flexibility, be amended to read as follows:
* * * * * * * * * *
Section C-803. - Flexibility provisions.
Flexibility may be approved subject to the standards below.
A. Character District Standards - Height Transitions.
57 Ordinance No. 9643-23
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1. Flexibility in meetinq required buildinq step backs alonq street frontages in Section C-
3023 may be approved where the alternative design provides visual and special relief
similar to a step back, a varied and interesting design, and the alternative treatment is
integral to the building's design and results in facades of equal or better quality than the
standards would produce.
2. Flexibility in meeting required building step backs along street frontages in Section C-
302.B may be approved for parking garages where providing a step back in the required
location is impractical or infeasible. Where flexibility in this standard is allowed, building
step backs should be provided on a lower or higher floor, or the garage shall have a
varied and interesting design providing visual and spatial relief that meets the intent of a
step back.
AB. Frontage Standards — Properties with Multiple Street Frontages. Flexibility in the standards
for orientation of front building fagades for attached and detached dwellings in Appendix C,
Division 4 may be approved to allow for frontage orientation consistent with typical frontage
orientation on surrounding blocks.
-9C. Frontage Standards — Building Setbacks.
1. Front building setbacks less than the minimums or greater than the maximums allowed
in Appendix C, Division 4 may be approved for projects with a publicly-accessible outdoor
open space or site constraints such as shape irregularities and/or the presence of natural
features, existing utilities, utility easements, or access easements making meeting
setback requirements impractical or infeasible. Where approved, the increase or
reduction in front buildinq setbacks shall be to the smallest extent practicable as
determined by the Community Development Coordinator.
2. Flexibility in the application of front setback requirements in Appendix C, Division 4 may
be approved to allow new development setbacks compatible with the traditional character
of development on adjacent sites and block frontages.
3. Flexibility in the application of front setback requirements in Appendix C, Division 4 to
provide 10-foot minimum sidewalk widths may be approved to allow new development
setbacks compatible with the traditional character of development on adjacent sites and
block frontages.
4. Side and rear setbacks less than the minimum allowed in Appendix C, Division 4 may be
approved for projects to allow for innovative site designs that advance the goals and
objectives for the Clearwater Downtown Redevelopment Plan.
5. The maximum spacing between individual buildings along Storefront 1 and Urban
Residential 1 Street Frontages in Section C-404.8. and Section C-407.8 may be
increased or waived for projects with one or more of the following characteristics.
a. The proposed site configuration is designed to incorporate natural features such as
a stand of mature trees, body of water, wetland or other similar feature.
b. Placement of existing buildings and/or site access and circulation constraints make it
infeasible to meet the standard.
c. The placement of publicly-accessible outdoor plaza spaces to the side of the building
results in increased spacing to accommodate the plaza.
Where flexibility in the standard is allowed, enhanced landscaping and the use of low
walls along street frontages to screen parking and define the edge of pedestrian
walkways shall be required.
6. The maximum spacing between buildinq frontages or between building wings for "U"-
shaped buildings may be increased to 100 feet alonq Street Type C when on a secondary
frontage or Street Type D when on a primary or secondary frontage to allow for a private
courtyard.
58 Ordinance No. 9643-23
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SD. Frontage Standards – Tenses aP�Wa'ris AIS;g—Street Pr^�es Front Setback
Improvements.
1_Flexibility in the prohibition of for^og .;Ad- walls, railings, fencing or other similar
improvements in front of buildings with Workshop/Flex, Urban Residential 2,
Neighborhood Infill or Neighborhood Conservation Frontages along Street Types D, E,
and F may be approved where the placement of a fGTwall, railing, fence or other
similar improvement in front of the building does not negatively affect the project's
pedestrian orientation or is found to be compatible with front setback conditions on
abutting and nearby properties. Where flexibility is approved, fe��wall, railing, fence
or other similar improvement height shall be 6 feet maximum, and any portion above
three 3 feet in height shall be at least 50 percent open (i.e., picket style).
2. Flexibility in the application of landscaping standards in front setbacks on buildings with
Storefront 2, Urban Residential 1, Urban Residential 2, Neighborhood Infill and
Neighborhood Conservation Frontages found in Section C-407.C, Section C-408.C,
Section C-409.C, and Section C-410.0 may be approved if pedestrian orientation is not
adversely impacted and site functionality is improved.
DE. Frontage Standards – Prept Q,iildiGround Floor Fagades and& Entries.
1. For buildings with multiple street frontages, required glazing below 4 feet along
secondary street frontages may be exempt from the daylight reduction (tinting) standard
required for buildings with Storefront 1, Storefront 2 or Workshop/Flex Frontages. No
reflective or mirrored coating or treatments are permitted. These flexibility provisions are
illustrated in Figure 3370. Frontage Design Flexibility.
2. For buildings on corner lots, CIS flexibility in locatingrip mary building entries on
secondary street frontages may be approved as long as fagades on primary and
secondary street frontages are designed to meet applicable standards in Appendix C,
Division 4. and the primary building entry is located ea within 20 feet of the primary street
frontage or corner.
3. For projects on sloping sites where site grades make meeting the requirements for
Clexihilit OR the appliGati„r A-f finished floor elevation standards for residential buildings
in Appendix C, Division 4 impractical or infeasible, a finished floor elevation of up to 48
inches may be approved. This maximum height shall not apply to projects approved prior
to January 1, 2023. te- annA-mm Agate PFGjeGtG Gem 619PORg citeG Gr PFGj P-n4c Yniith OAAAyatiye-
h,,i1diRg typmac For those portions of a residential building that are used for nonresidential
uses such as lobbies, fitness centers, or similar shared spaces, a finished floor elevation
of less than 18 inches may be approved.
(Remove mis-numbered Figure 33, renumber as Figure 70, and replace with the following 1 image)
59 Ordinance No. 9643-23
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Figure 3370. Frontage Design Flexibility
Primary Street Frontage Secondary Street Frontage
10 feet
Tinted Glazing below
w
' -,ri r 4 feet permitted
i `�i
rrt, 1 'ti r�, h hrr- r 1j
),}'t ; 2 feet
i�Yrrf ii
'
Transparent Storefront
Windows&Doors '
€F. Frontage Standards — Parking.
1. Flexibility in the application of landscape and wall requirements in Appendix C, Division
4 to screen surface parking, service areas, and structured parking, may be approved
where alternative design treatments result in all of the following.
a. The screening of vehicles from view along public sidewalks.
b. The physical separation of pedestrian use and vehicular use areas.
c. The creation of safe, comfortable, and quality pedestrian environments along
pedestrian walkways and public sidewalks.
2. Flexibility in the applicability of parking location requirements may be approved consistent
with one of the following.
a. Surface parking lots for office buildings lawfully existing on the original date of
adoption (August 2, 2018) of these Development Standards located outside of the
Downtown Core Character District and on primary frontages may continue to be
repaired or expanded consistent with the provisions set forth in Article 3, Division 12,
provided that the new parking area must meet required landscaping provisions, site
access is consistent with Section C-503.A, and a low wall 24-36 inches in height shall
be installed to screen and connect the entire parking area. The expansion of surface
parking shall be limited to the addition of contiguous parcels, and this flexibility shall
not apply to parcel(s) separated from the existing office property by any rights-of-way.
b. Flexibility to allow surface or Baer structured parking and other vehicular use
areas, including vehicular loading/unloading areas and passenger drop off areas,
may be approved along secondary street frontages. If approved, such areas shall be
set back from primary street frontages 20 feet minimum,and include architectural and
landscape screening and other treatments that contribute to the creation of safe and
comfortable pedestrian environments along pedestrian walkways and public
60 Ordinance No. 9643-23
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sidewalks. Curb cuts from secondary street frontage to access such locations shall
be minimized.
3. Flexibility to allow single width private driveways located in side setbacks no closer than
2 feet from side lot lines may be approved along Street Type F for projects where the
adjacent property's driveway is not located within the side setback on the shared property
line for which the flexibility is required.
G. Frontage Standards —Attached and Detached Dwellings along Street Types E and F.
Flexibility in meeting frontage requirements found in Section C-409 and Section C-410 for
attached or detached dwelling projects may be approved if a project utilizes innovative
building types or styles such as bungalow court configurations, carriage houses, or the like.
Flexshall G)Rly be approved aIr)Rg 4i,rreetTypes F.
GH.Site Design Standards — Development Pattern.
Flexibility in the application of requirements fer- found in Section C-502.6 regarding
development blocks and lots, Section C-502.C. regarding new private drives, and Section C-
502.D. regarding new private service drives may be approved for projects on sites where the
applicant demonstrates that site size, dimension, shape, or presence of constraints such as
natural areas, utilities or utility easements, or other existing features make meeting these
requirements infeasible.
I. Site Design Standards —Access & Circulation.
1. A reduction in the minimum width for pedestrian walkway(s) found in Section C-503.C.2
may be approved where site and/or development constraints make meetinq the
requirements impractical or infeasible. Pedestrian walkway width shall comply to the
greatest extent practicable as determined by the Community Development Coordinator.
2. Flexibility in provision of cross parcel connections found in Section C-503.D may be
approved under one or more of the following circumstances.
a. Where site grades, natural areas, or other site constraints make meeting the
requirements impractical or infeasible.
b. Where applicants can satisfactorily demonstrate to the Community Development
Coordinator that the characteristics or layout of abutting properties would make
development of a unified or shared access and circulation system impractical or
where the applicant demonstrates that all reasonable steps were taken to secure joint
and cross access easements and that such steps failed.
J. Site Design Standards —Service Areas
Flexibility in the application of service area location requirements found in Section C-504.0
may be approved where vehicular access to the rear of the property is not possible as
determined by the City. Screening requirements are still applicable.
K. Site Design Standards —Swimming Pools.
Flexibility in the application of swimming pool requirements in Section C-510 may be
approved consistent with one of the following.
1. For buildings at corner locations, flexibility may be approved to allow at-grade swimming
Pools within in a courtyard of a "U"-shaped or "L"-shaped building along a secondary
street frontage. Where flexibility in this standard is allowed, non-opaque or picket-style
fencing may be permitted to a maximum height of 6 feet in line with or setback from the
front building facade.
2. For buildings on Through-Lots or Multi-Frontage Lots, flexibility may be approved to allow
at-grade swimming pools within a courtyard of a "U"-shaped building along Street Type
61 Ordinance No. 9643-23
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D. Where flexibility in this standard is allowed, non-opaque or picket-style fencing may
be permitted to a maximum height of 6 feet in line with or setback from the front building
facade.
H-L Building Design Standards — Fagade Design and Articulation.
Flexibility in meeting the fagade design and articulation standards in Appendix C, Division 6,
may be approved where the alternative design treatment provides a varied and interesting
design and the alternative treatment is integral to the building's design and results in fagades
of equal or better quality than the standards would produce.
M Building Design Standards — Glass Treatments.
Flexibility in applying glass treatment standards in Section C-602.D may be permitted for
buildings that incorporate stained or art glass as an integral part of the building design and
still provide for the minimum level of glazing as required under Appendix C, Division 4.
J-N General Flexibility Provisions.
1. Flexibility in the application of development standards for places of worship, certain
indoor recreation uses such as auditoria, museums, and stadiums, public transportation
facilities, public utilities uses, and for projects on parcels not fronting on a street may be
approved if the proposed development is consistent with the vision, guiding principles,
goals, objectives, and policies of the Clearwater Downtown Redevelopment Plan.
Buildings and improvements shall include architectural details, apA landscape screening,
and other treatments that contribute to the creation of safe and comfortable pedestrian
environments along pedestrian walkways and/or public sidewalks and shall meet the
development standards to the greatest extent practicable as determined by the
Community Development Coordinator.
2. Flexibility in the application of frontage standards required under Appendix C, Division 4
may be approved when strict adherence would conflict with base flood elevation
standards. Where flexibility is approved, buildings and improvements shall include
architectural details, landscape screening, and other treatments that contribute to the
creation of safe and comfortable pedestrian improvements along pedestrian walkways
and public sidewalks.
3. Flexibility in the application of development standards for any new structures or
improvements on properties which have been designated historic in accordance with the
provisions of Section 4-607 may be approved, provided that the new structures or
improvements preserve the historic character and design of the site.
K-0 Character District Standards — Residential Use Restrictions.
Flexibility in the application of residential use restrictions for projects along Street Type D or
limited segments of frontage designated Street Type E may be approved to permit office use
where the applicant demonstrates that the hours of operation, parking demand, and other
use related impacts are minimized, primary entries to individual ground floor units are
provided, and the office use and architectural character are consistent with the character of
the surrounding area. Flexibility on frontage designated Street Type E shall only be permitted
on: Drew Street between Martin Luther King, Jr. Avenue and Missouri Avenue; Grove Street
between Martin Luther King. Jr. Avenue and Missouri Avenue; and on Garden Avenue north
of Seminole Street.
* * * * * * * * * *
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Section 33. That Appendix C. Downtown District and Development Standards, Division
9. Administration, be amended to read as follows:
Section C-901.-Site plan approvals.
A. Required Pre-Application Conference
A pre-application conference shall be required for all development applications within the
Downtown District unless the development is exempt from the Development Standards
pursuant to Section C-104.8 or this requirement is otherwise waived by the Community
Development Coordinator.
B. Approval Authority
The final decision-making authority for site plans is either the Community Development
Coordinator for Level One approvals or the Community Development Board for Level Two
approvals, as specified in Article 4. The level of approval required varies by use and character
district as specified in Table 1. Use & Off-Street Parking, which identifies whether a use can
be approved as a Building Construction Permit (Level 1 Minimum Standard), or if Community
Development Coordinator (Level 1 Flexible Standard Development) or Community
Development Board (Level 2 Flexible Development) approval is required. Projects requesting
flexibility in the application of development standards shall follow the process established in
Appendix C, Section C-802.
* * * * * * * * * *
Section C-903. - Regulating plan adjustments.
* * * * * * * * * *
B. Street Type on Existing or New Publip Streets. Upon approval of a development project
which includes new p4414G streets or existing c streets where a street type was not
previously depicted in Figure 2. Regulating Plan-Street Types and Key Corners, the
Community Development Coordinator will make an administrative adjustment to Figure 2.
Regulating Plan-Street Types and Key Corners to reflect the approved street type(s).
Section 34. 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 35. 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 36. 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 37. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
63 Ordinance No. 9643-23
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Section 38. This ordinance shall take effect immediately upon adoption.
March 16, 2023
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL April 4, 2023
READING AND ADOPTED
�
ADoc�uuSigned by:
�°A 1�
Mark Bunker
Vice Mayor
DS
Approved as to form: Attest:
rDocuSigned by::p"� pDocuSigned by:
uM t yj, F��R�YIq Ah lXi Lau
Matthew J. Mytych, Esq. Rosemarie all, MP , MMC
Senior Assistant City Attorney City Clerk
64 Ordinance No. 9643-23