9758-24Docusign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
ORDINANCE NO. 9758-24
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING
ARTICLE 2, ZONING DISTRICTS, DIVISION 1. LOW DENSITY RESIDENTIAL
DISTRICT ("LDR"), DIVISION 2. LOW MEDIUM DENSITY RESIDENTIAL
DISTRICT ("LMDR"), DIVISION 3. MEDIUM DENSITY RESIDENTIAL DISTRICT
("MDR"), DIVISION 4. MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT
("MHDR"), DIVISION 5. HIGH DENSITY RESIDENTIAL DISTRICT ("HDR"),
DIVISION 7. COMMERCIAL DISTRICT ("C"), DIVISION 8. TOURIST DISTRICT
("T" ), DIVISION 10. OFFICE DISTRICT ("0"), DIVISION 11. US 19 DISTRICT ("US
19"), DIVISION 12. INSTITUTIONAL DISTRICT ("I"), AND DIVISION 13.
INDUSTRIAL, RESEARCH AND TECHNOLOGY DISTRICT ("IRT"); BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 1. ACCESS
MANAGEMENT STANDARDS, DIVISION 2. ACCESSORY USE/STRUCTURES,
DIVISION 8. FENCES AND WALLS, DIVISION 9. GENERAL APPLICABILITY
STANDARDS, DIVISION 12. LANDSCAPING/TREE PROTECTION, DIVISION
14. PARKING AND LOADING, DIVISION 18. SIGNS, AND DIVISION 21.
TEMPORARY USES; BY AMENDING ARTICLE 4, DEVELOPMENT REVIEW
AND OTHER PROCEDURES, DIVISION 2. GENERAL PROCEDURES,
DIVISION 8. TRAFFIC IMPACT STUDY, AND DIVISION 9, CONCURRENCY
AND MOBILITY MANAGEMENT; BY AMENDING ARTICLE 8, DEFINITIONS
AND RULES OF CONSTRUCTION, SECTION 8-102. DEFINITIONS; BY
AMENDING APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT
STANDARDS, DIVISION 3. SUBDISTRICT STANDARDS; BY AMENDING
APPENDIX C, DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS,
DIVISION 2. REGULATING PLAN, DIVISION 3, CHARACTER DISTRICT
STANDARDS, DIVISION 6. BUILDING DESIGN STANDARDS, AND DIVISION 8.
FLEXIBILITY; 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, the City has made numerous amendments to the Community Development
Code to account for changing conditions within the City; and
WHEREAS, the City recently updated its Comprehensive Plan, Clearwater 2045, to
provide updated policy guidance for numerous development initiatives within the City, requiring
updates to the Community Development Code; and
WHEREAS, the City wants to increase housing diversity and affordability; and
WHEREAS, Clearwater 2045 enabled the use of accessory dwelling units and set forth
that development standards need to be established in order to implement the use of accessory
dwellings; and
WHEREAS, the City wants to permit affordable housing density bonuses as a Level One,
Flexible Standard Development approval to allow for development review committee approval;
and
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
WHEREAS, clarification of design criteria is needed for car washes developed within the
City; and
WHEREAS, the Governor signed into law Senate Bill 250 (2023), an Act Relating to
Natural Emergencies, which amended how temporary emergency housing after a natural disaster
is regulated and amendments to the Community Development Code are needed to comply with
those statutory changes; and
WHEREAS, the Governor signed into law Senate Bill 64 (2021), an Act Relating to
Reclaimed Water, which created development bonuses for the use of graywater systems in
residential development and the City is required to provide these development bonuses to
incentivize the reuse of water in the City; and
WHEREAS, the Governor signed into law Senate Bill 1411 (2022), an Act Relating to
Floating Solar Facilities, which requires a floating solar facility to be a permitted land use within
the City; and
WHEREAS, the City adopted Greenprint 2.0 (2021) to support and advance the City's
sustainability and resiliency goals and wants to further implement Greenprint 2.0 and Senate Bill
1411 (2022) by creating standards for and promoting the use of solar energy systems; and
WHEREAS, the City wants to provide notice of certain development applications earlier in
the development review process; and
WHEREAS, the City wants to remove a footnote which provides additional flexibility for
the Residential Infill Project use but provides no criteria or guidance; and
WHEREAS, the City is removing a reference to an outdated traffic circulation map that
was used in determination of driveway spacing; and
WHEREAS, accessory uses are being amended to increase the percentage to 25% of the
principal use to bring consistency between accessory uses and structures as accessory structures
are permitted to be 25 percent of the principal use; and
WHEREAS, amendments to mechanical equipment screening requirements will ensure
consistency in standards applied throughout the City; and
WHEREAS, updates are needed to graphics illustrating certain fence standards to bring
clarity in how the fence standards are applied; and
WHEREAS, the City wants to permit wider sidewalks within front setbacks; and
WHEREAS, site visibility triangles are utilized to maintain areas free from visual
obstructions to provide safe visibility for vehicles, bicyclists and pedestrians, and the City wants
to allow the City Engineer flexibility in an approved design in certain cases; and
WHEREAS, amendments to landscaping and parking standards will provide the
Community Development Coordinator flexibility for approving certain site improvements; and
2 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Use LDR LMDR MDR MHDR HDR
Categories
WHEREAS, the City is developing a banner program to alert residents and visitors of City
events, points of interests, and other happenings in the City; and
WHEREAS, the City intends to use this banner program to regulate the use of banners in
the public right-of-way and on public property and the City wants to exempt them from the sign
regulations in connection with the program; and
WHEREAS, definitions are being created in conjunction with accessory dwelling units,
solar energy systems, and graywater bonuses, and amended to remove outdated references or
bring clarity to certain uses; and
WHEREAS, the City is built out and has sufficient public facilities' capacity to meet future
demands and Florida Statutes no longer requires concurrency; and
WHEREAS, the City has determined that provisions for certificates of concurrency
standards are no longer needed in the Code; and
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, the City desires for the Community Development Code to function effectively
and equitably throughout the City; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this
amendment, conducted a public hearing, considered all public testimony and has determined that
this amendment is consistent with the City of Clearwater's Comprehensive Plan and
recommended that the City Council adopt this amendment; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; now therefore,
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, Chart 2-
100, Permitted Uses, Community Development Code, be amended to read as follows:
Sec. 2-100. — Permitted uses.
US
19
CRNC IENC
OD OD
Residential
Accessory
Ddwellings
Unit
X
X
X
X
X
X
X
X
X
3
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-0867EB3B5B50
Section 2. That Article 2, Zoning Districts, Division 1, Low Density Residential District
("LDR"), Community Development Code, be amended to read as follows:
Section 2-103. – Flexible standard development.
Table 2 -
"LDH" District Flexible Standard Development Standards
Accessory
Dwelling Unit
Min. Lot
Area
(sq. f..)
10.000
Min. Lot
Width
(ft.,)
50
(ft.)
Max. Height
Front ; Side
n/a
5-10
fit)
10-20
Attached 30
Detached 15-20
0-1/unit
Detached
Dwellings
10,000-
20,000
50-100
25
5-45
10
5-25
10-20
30
2/unit
Residential Infill
Project(3)
n/a
n/a
10-
25
0-
105
0-205
30
2/unit
Utility/Infrastructure
Facilities(2)
n/a
n/a
25
15
25
n/a
n/a
(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.
Flexibility criteria:
A. Accessory dwelling unit.
1. Accessory dwelling units shall not exceed 750 square feet or 50 percent of the gross
floor area of the principal detached dwelling, whichever is less.
2. A parcel of land with conforming density shall be permitted one accessory dwelling unit.
3. Design Standards.
a. The accessory dwelling unit shall be constructed with a consistent architectural style
as the principal detached dwelling.
b. Detached accessory dwelling units shall be constructed with similar architectural
features as the principal detached dwelling, including window style, paint scheme,
and roof design.
4 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
c. A shipping container may be utilized as a detached accessory dwelling unit, provided
it fully complies with the Florida Building Code and is architecturally treated using
windows, doors. cladding, porches, and/or decks to provide a residential
appearance, as determined by the Community Development Coordinator.
d. Entrances to attached accessory dwelling units shall not be visible from the street.
4. The location of an accessory dwelling unit shall be subject to Section 3-203.A.
5. The height of a detached accessory dwelling unit shall be subject to Section 3-203.D.
6. Setbacks.
a. Attached accessory dwelling units shall meet the principal detached dwelling
setbacks.
b. Detached accessory dwelling units shall meet the setbacks established in Table 2-
103.
c. Flexibility for the side and rear setbacks may be approved if the unit is buffered with
landscape material and/or fences to minimize impacts to adjacent properties.
7. Either the principal detached dwelling or accessory dwelling unit shall be occupied by
the property owner.
8. One legal on -street parking space may be substituted in lieu of the required off-street
parking space as determined by the City Engineer.
**RELETTER SUBSEQUENT SECTIONS UPON APPROVAL OF CRITERIA A ABOVE**
5 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Section 2-104. – Flexible development.
Table 2-104. "l -DR" District Fll
xtble Development Standards
Min. Lot
Area
(sq. ft.)
Min, ,-..
Width
(ft-)
Min. Setbac
(ft.
Front
Side
Rear(1
Ma�
Height
(ft
Min.
Off-Stre
Parking
Attached Dwellings
10,000
100
25
10
15
30
2/unit
Overnight
Accommodations
20,000
100
25
15
25
30
1/unit
Parks and Recreation
Facilities
n/a
n/a
35
20
25
30
1/20,000 SF land area
or as determined by the
community development
directercoordinator based
on the ITE Manual
standards
Residential Infill()
n/a
n/a
10-
25
0-
105
0-
4-520
30
2/unit
Schools
40,000
200
25
15
25
30
3/41/3 students
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
Section 3. That Article 2, Zoning Districts, Division 2, Low Medium Density Residential
District ("LMDR"), Community Development Code, be amended to read as follows:
Section 2-203. – Flexible standard development.
Table 2-203. LMDR" District Flexible Standard I
Accessory
Dwelling Unit
Min. Lot
Size
(sq. ft.)
5.000
►elopment S
50
n/a
5
5-10
Attached 30
Detached 15-20
0-1/unit
Attached Dwellings
10,000
100
25
10
15
30
2/unit
Detached
Dwellings
5,000
50
15-25
5
5-105
30
2/unit
Residential Infill
Projects()
n/a
n/a
10-
25
0-5
0-105
30
2/unit
Utility/Infrastructure
Facilities(2)
n/a
n/a
25
10
15
n/a
n/a
6
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
(1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in
Article 3 Division 8, section 3-805 and Division 9, section 3-904 and except where adjacent
structures on either side of the parcel proposed for development are setback 20 feet and
then the rear setback shall be 20 feet. The Building Code may require the rear setback to be
at least 18 feet from any 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 which shall include such uses and all contiguous like uses.
Flexibility Criteria:
A. Accessory dwelling unit.
1. Accessory dwelling units shall not exceed 750 square feet or 50 percent of the gross
floor area of the principal detached dwelling, whichever is less.
2. A parcel of land with conforming density shall be permitted one accessory dwelling unit.
3. Design Standards.
a. The accessory dwelling unit shall be constructed with a consistent architectural style
as the principal detached dwelling.
b. Detached accessory dwelling units shall be constructed with similar architectural
features as the principal detached dwellinq, including window style, paint scheme,
and roof design.
c. A shipping container may be utilized as a detached accessory dwelling unit, provided
it fully complies with the Florida Building Code and is architecturally treated using
windows, doors, cladding, porches, and/or decks to provide a residential
appearance, as determined by the Community Development Coordinator.
d. Entrances to attached accessory dwelling units shall not be visible from the street.
4. The location of an accessory dwelling unit shall be subject to Section 3-203.A.
5. The height of a detached accessory dwelling unit shall be subject to Section 3-203.D.
6. Setbacks.
a. Attached accessory dwelling units shall meet the principal detached dwelling
setbacks.
b. Detached accessory dwelling units shall meet the setbacks established in Table 2-
203.
7 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
c. Flexibility for the side and rear setbacks may be approved if the unit is buffered with
landscape material and/or fences to minimize impacts to adiacent properties.
7. Either the principal detached dwelling or accessory dwelling unit shall be occupied by
the property owner.
8. One legal on -street parking space may be substituted in lieu of the required off-street
parking space as determined by the City Engineer.
**RELETTER SUBSEQUENT SECTIONS UPON APPROVAL OF CRITERIA A ABOVE**
Section 2-204. - Flexible development.
******
Table 2-21
LNIDR" District Flexible Development Standards
Min. Lot
Size
(sq. ft.
Min. Lot
Width
(ft-)
Min.
(ft.)
Setbacks
F
Side
Max.
Height`
(ft-)
Off -Street
Parking
Attached Dwellings
10,000
100
25
5
15
30
2/unit
Detached Dwellings
3,000-
5,000
25-50
15-25
2-5
5-105
30
2/unit
Non -Residential Off -
Street Parking(32)
n/a
n/a
25
10
10
n/a
n/a
Parks and Recreation
Facilities
n/a
n/a
35
20
25
30
1/20,000 SF land
area or as determined by
the community
development
directercoordinator based
on ITE Manual standards
Residential Infill
Projects(2)
n/a
n/a
10-
25
0-5
0-105
30
2/unit
Schools
40,000
200
35
25
15
30
:141/3 students
(1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in
Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent
structures on either side of the parcel proposed for development are setback 20 feet and
then the rear setback shall be 20 feet. The Building Code may require the rear setback to be
at least 18 feet from a seawall.
(2)
()-Non-residential parking lots 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 the appropriate land use category.
8 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Section 4. That Article 2, Zoning Districts, Division 3, Medium Density Residential
District ("MDR"), Community Development Code, be amended to read as follows:
Section 2-303. – Flexible standard development.
Table 2-3"MDR" District Flexible Standard Development Standards
Use
Min.
Lot
Area
(sq. ft.)
Min. Lot
Min. Setbacks
(ft.)_
Max. Height
(ft.)
Min.
O eking t
Parking
Width
(ft.)
Front`
Side
Rear(1)
Accessory Dwelling
3,000
30
n/a
0-5
5
Attached 30-40
0-1/unit
Unit
15-20
Attached Dwellings
10,000
50
25
5
10
30-40Detached
2/unit
Community
Residential Homes
(up to 14 residents)
5,000
50
25
5
10
30-40
1 /mer 2 residents
Detached Dwellings
3,000-
5,000
30-50
15-25
0-5
5
30-40
2/unit
Residential Infill
Projects (3)25
n/a
n/a
10
0-5
0-5
30-40
2/unit
Schools
40,000
200
25
10
25
30-40
1/3 students
Utility/Infrastructure
Facilities(2)
n/a
n/a
25
10
10
n/a
n/a
(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.
Flexibility Criteria:
A. Accessory dwelling unit.
1. Accessory dwelling units shall not exceed 750 square feet or 50 percent of the gross
floor area of the principal detached dwelling, whichever is less.
2. A parcel of land with conforming density shall be permitted one accessory dwelling unit.
3. Design Standards.
a. The accessory dwelling unit shall be constructed with a consistent architectural style
as the principal detached dwelling.
9
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
b. Detached accessory dwelling units shall be constructed with similar architectural
features as the principal detached dwelling, including window style, paint scheme,
and roof design.
c. A shipping container may be utilized as a detached accessory dwelling unit, provided
it fully complies with the Florida Building Code and is architecturally treated using
windows, doors, cladding, porches, and/or decks to provide a residential
appearance, as determined by the Community Development Coordinator.
d. Entrances to attached accessory dwelling units shall not be visible from the street.
4. The location of an accessory dwelling unit shall be subiect to Section 3-203.A.
5. The height of a detached accessory dwelling unit shall be subiect to Section 3-203.D.
6. Setbacks.
a. Attached accessory dwelling units shall meet the principal detached dwelling
setbacks.
b. Detached accessory dwelling units shall meet the setbacks established in Table 2-
303.
c. Flexibility for the side and rear setbacks may be approved if the unit is buffered with
landscape material and/or fences to minimize impacts to adjacent properties.
7. Either the principal detached dwelling or accessory dwelling unit shall be occupied by
the property owner.
8. One legal on -street parking space may be substituted in lieu of the required off-street
parking space as determined by the City Engineer.
**RELETTER SUBSEQUENT SECTIONS UPON APPROVAL OF CRITERIA A ABOVE**
10 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Section 2-304. - Flexible development.
Table 2-304. "MDR" District Flexible Development
Standards
Use
Min. Lot
Area
(sq ft.)
Min. Lot
Width
Min. Setbacks
(ft.)
Max. ;
Height
; (ft.)
Min.
Off -Street
Parking
(ft.)
Front ,
Side
Rear(1)
Assisted Living Facilities
` 20,000
100
25
5
10
30-50
1/-peF-2 residents
Attached Dwellings
10,000
100
25
5
10
30-50
2/unit
Congregate Care
20,000
100
25
5
10
30-50
1/ -per -2 residents
Non -Residential Off-
Street Parking(32)
n/a
n/a
25
5
10
n/a
n/a
Overnight
Accommodations
20,000
100
25
5
10
30-50
1/unit
Parks and Recreational
Facilities
n/a
n/a
35
20
25
30
1/20,000 SF land
area or as determined
by the community
development
direstercoordinator
based on ITE Manual
standards
Residential Infill
Projects)
n/a
n/a
10-0-5
25
0-540
30-50
2/unit
(1) The Building Code may require the rear setback to be as least 18 feet from any seawall.
(2)
{3) Non-residential parking lots 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 the appropriate land use category.
Section 5. That Article 2, Zoning Districts, Division 4, Medium High Density
Residential District ("MHDR"), Community Development Code, be amended to read as follows:
Section 2-403. - Flexible standard development.
............
Table 2-403. "MHDR" Fl
xible Standard Development Standards
Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Min. Setbacks
(ft.)
Front I Sit
Max.
Height
I Rear (ft.)
Min. Off -Street
Parking
11
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Section 2-404. – Flexible development.
Table 2-404. "MHDR" Flexible Development Standards
Attached Dwellings
Min. L
Area
(sq. ft.)
15,000
Min. Lot
Width
(ft.)
150
Min. Setbacks
(ft.)
Front
15-25
Side
0-10
Rear(1)
10-15
Max.
Height
(ft.)
30-50
Min. Off-Streeti
Parking
2/unit
Congregate Care
15,000
150
25
10
15
30
1/ -per -2 residents
Non -Residential Off -
Street Parking(2)
n/a
n/a
25
5
10
n/a
n/a
Overnight
Accommodations
15,000
150
15-25
0-10
10-15
30
1/unit
Parks and
(Recreation (Facilities
n/a
n/a
35
20
25
30
1/ -per -20,000 SF land
area or as determined by
the community
development coordinator
based on the ITE Manual
standards
Residential Infill
Projects(3)
n/a
n/a
10-
25
0-
10
0-15
30-50
2/unit
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
(2) Non-residential parking lots 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 the appropriate land use category.
Section 6. That Article 2, Zoning Districts, Division 5, High Density Residential District
("HDR"), Community Development Code, be amended to read as follows:
Section 2-503. – Flexible standard development.
Table 2-503. "HDR" Flexible Standard Development Standard
Area
(sq. ft.)
Min.
(ft.)
Front I Side
Rear
12 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Section 2-504. — Flexible development.
Table 2-504. "HDR Flexible Development Standards
Use
Min. Lot
Min. Lot
Min. Setbacks
Max.
Min. Off -Street Parking
Area
Width
(ft.)
Height
(sq. ft.)
(ft.)
Front
f Side
Rear(1)
(ft.)
Attached Dwellings
15,000
150
15-25
0-10
10-15
30-130
2/unit
Congregate Care
15,000
150
25
10
15
30
1/ -per -2 residents
Overnight
Accommodations
15,000
150
15-25
0-10
10-15
30
1/unit
Parking Garage and
Lots(2)
20,000
100
50
15-10
25
10-20
n/a
Parks and
(Recreational
fFacilities
–
n/a
n/a
35
20
25
30
1/20,000 SF land
area or as determined by
the Gcommunity
13development
Gcoordinator based on
ITE Manual standards
Residential Infill
Projects4)
n/a
n/a
10—
25
0—
10
0-15
30-130
2/unit
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
(2) Parking garages 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 amendment to
the appropriate land use.
Section 7. That Article 2, Zoning Districts, Division 7, Commercial District ("C"),
Community Development Code, be amended to read as follows:
Section 2-702. — Minimum standard development.
Tablle 2-702. "C'
Distric
Minimum Developmer
Community Gardens044
Min.
Lot
Area
(sq.
ft.)
n/a
Mira.
Lot
Width
(ft.)
n/a
Min. Setbacks
(ft.)
Front
Max.
Heioht
ift.I
Min.
Of -Sty
Parking
e/a
15
5
5
n/a
n/a
Funeral Homes
10,000
100
25
25
10
20
25
0.25/seat
Governmental Uses(1)
10,000
100
25
25
10
20
25
4/1,000 SF GFA
13
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Indoor Recreation/
Entertainment
10,000
100
25
25
10
20
25
5/1,,000 SF GFA or
5/lane, 2/court or
1/machine
Medical Clinic(1)
10,000
100
25
25
10
20
25
5/1,000 SF GFA
Mixed Use
10,000
100
25
25
10
20
25
Based upon specific
use requirements
Offices
10,000
100
25
25
10
20
25
3/1,000 SF GFA
Overnight
Accommodations
40,000
200
25
25
10
20
25
1/unit
Parks and Recreational
Facilities
n/a
n/a
25
25
10
20
25
1 /20,000 SF land
area or as
determined by the
community
development
coordinator based on
ITE Manual
standards
Places of Worship
40,000
200
25
25
10
20
25
1/ -per -2 seats
Restaurants
10,000
100
25
25
10
20
25
12/1,000 SF GFA
Retail Plazas(2), (3)
15,000
100
25
25
10
20
25
4/1,000 SF GFA
Retail Sales and
Services(3)
10,000
100
25
25
10
20
25
5/1,000 SF GFA
Social and Community
Centers
10,000
100
25
25
10
20
25
5/1,000 SF GFA
Telecommunications
Towers
10,000
100
Refer
to
Bastian
3-2001_
25
10
20
Refer
n/a
to
Section
3-2001
Vehicle Sales/Display
40,000
200
25
25
10
20
25
2.5/1,000 SF blot
Ssales Aarea
Veterinary Offices
10,000
100
25
25
10
20
25
4/ spaces per 1,000
SF GFA
Section 2-703. — Flexible standard development.
Tab
2-703. "C" Dlstrlc
=lexibleStandard Develo
Standardh
Accessory Dwellings Unit
n/a
n/a
n/a
n/a
n/a
n/a
1/-apace-perunit
Alcoholic Beverage Sales
10,000
100
25
25
10
20
25
5/ -per -1,000 SF GFA
14
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Automobile Service
Stations
10,000
100
25
25
10
20
25
5/1,000 SF GFA
Bars
10,000
100
25
25
10
20
25
101 -per -1,000 SF GFA
Brewpubs
3.500—
10,000
30—
100
25—
50
25
0—
10
10—
20
25—
1.5/1,000 SF GFA
50
dedicated to brewery
operations and support
services; and 7-
12/1,000 SF GFA for
all other use area
Educational Facilities (1)
40,000
200
25
25
10
20
25
1/ -per -2 students
Funeral Homes
3.500—
30—
25—
25
0—
10—
25—
0.25/seat
10,000
100
50
10
20
50
Governmental Uses(1)
10,000
100
25—
25
10
20
25—
4/ spaces per 1,000 SF
50
50
GFA
Indoor
5,000—
50—
25
25
10
20
25
3-5/11000 SF GFA or
Recreation/Entertainment
10,000
100
3-5/lane, 1-2/court
or 1/machine
Medical Clinics (1)
10,000
100
25-50
25
0 -
10-
25-50
3 - 5/1,000 SF GFA
10
20
Microbreweries
3,500—
30—
25—
25
0—
10—
25—
1.5/1,000 SF GFA
10,000
100
50
10
20
50
dedicated to brewery
operations and support
services; and 7-
12/1,000 SF GFA for
all other use area
Mixed Use
5,000—
50—
25—
25
0—
10—
25—
Based upon specific
10,000
100
50
10
20
50
use requirements
Nightclubs
10,000
100
25
25
10
.20
25
10%1,000 SF GFA
Offices
3,500—
30—
25—
25
0—
10—
25—
3/1,000 SF GFA
10,000
100
50
10
20
50
Off -Street Parking
10,000
100
n/a
25
10
20
n/a
n/a
Overnight
20,000
150—
25—
25
0—
10—
25—
1/unit
Accommodations
—
200
50
10
20
50
40,000
Places of Worship (2)
20,000
100—
25—
25
10
20
25—
0.5-1/-peF-2 seats
—
200
50
50
40,000
Public Transportation
n/a
n/a
40
n/a
n/a
n/a
10
n/a
Facilities (3)
Restaurants
3,500—
30—
25—
25
0—
10—
25—
7-12/ spacesrper
10,000
100
50
10
20
50
1,000 GFA
Retail Plazas
15,000
100
25—
25
0—
10—
25—
4/spaces-per-1,000 SF
50
10
20
50
GFA
15
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Retail Sales and
3,500—
30—
25—
25
0—
10—
25—
4 -5/ -spaces -peg -1,000
Services
10,000
100
50
10
20
50
SF GFA
Schools (5)
40,000
200
25
25
0—
10—
25
1/ -per -3 students
10
20
Social and Community
3,500—
35—
25—
25
0—
10—
25—
4-51-spasec per 1,000
Centers (1)
10,000
100
35
10
20
35
SF GFA
Utility/Infrastructure
n/a
n/a
20
25
10
20
20
n/a
Facilities (4)
Vehicle Sales/Displays
20,000
150—
25
25
10
20
25
2.51 spaces per 1,000
—
200
SF of lot sales area
40,000
Veterinary Offices
5,000—
50—
25
15—
0—
10—
25
4/spaces-per 1,000 SF
10,000
100
25
10
20
GFA
Flexibility criteria:
A. Accessory dwelling unit. One accessory dwelling unit, which is subordinate and accessory to
a principal permitted use is allowed provided that:
1. Title to the unit is vested in the ownership of the principal use
2. The floor area of the unit does not exceed 25 percent of the floor
area of the principal use.
3. The unit complies with the development standards established for the principal use.
4. The unit shall be constructed with a similar architectural style as the principal use.
Section 2-704. - Flexible development.
Table 2.704. "C"
.ibis Delapent Standards
Min. Lot
Alcoholic Beverage Sales
5,000-
10,000
Min.
Lot
Width
(ft.)
50-
100
25
15-
25
0-
10
10-
20
25
5/ -per -1,000 SF GFA
Animal Boarding
5,000—
10,000
50-
100
25
15-
25
0-
10
10-
20
25
4/spaces-X1,000 SF
GFA
Bars
5,000—
10,000
50-
100
25
15-
25
0-
10
10-
20
25
101 -ser -1,000 SF GFA
Brewpubs
3,500—
10,000
30-
100
25-
50
15-
25
0-
10
10-
20
25-
50
1.5/1,000 SF GFA
dedicated to brewery
operations and support
services; and 7-
12/1,000 SF GFA for all
other use area
16
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Comprehensive Infill
Redevelopment Project
n/a
n/a
ala
n/a
n/a
n/a
n/a
Determined by the
community
development
coordinator based on
the specific use and/or
ITE Manual standards
Indoor
3,500—
30—
25—
15—
0—
10—
25—
3-5/1,000 SF GFA or
50
Recreation/Entertainment
10,000
100
50
25
10
20
3-5/lane, 1-2/court or
1/machine
Light Assembly
5,000—
50—
25
15—
0—
10—
25
4 -5/ -spaces -X1,000
10,000
100
25
10
20
GFA
Limited Vehicle Service
5,000—
50—
25
15—
0—
10—
25
4-51spaces_-per 1,000
10,000
100
25
10
20
GFA
Marinas and Marina
5,000—
50
25
25
10
20
25
1/ 2 slips
space per
20,000
_Facilities
Microbreweries
3,500—
30—
25--
15—
0—
10—
25—
1.5/1,000 SF GFA
50
dedicated to brewery
operations and support
services; and 7-
10,000
100
50
25
10
20
12/1,000 SF GFA for all
other use area
Mixed Use
5,000—
50—
25—
15—
0—
10—
25—
Based upon specific
10,000
100
50
25
10
20
50
use requirements
Nightclubs
5,000—
50—
25
15—
0—
10—
25
10/-pef-1,000 SF GFA
10,000
100
25
10
20
Offices
3,500—
30—
25—
15—
0—
10—
25—
3/1,000 SF GFA
10,000
100
50
25
10
20
50
Off -Street Parking
10,000
100
aia
15—
0—
10—
n/a
n/a
25
10
20
Outdoor
20,000
100
_
25
15—
10
10—
25
1-10/-pei1,000 SOFT
Recreation/Entertainment
25
20
of land area or as
determined by the
community
development
coordinator based on
ITE Manual standards
Overnight
20,000—
100—
25—
15—
0—
10—
25—
1/unit
Accommodations
40,000
200
50
25
10
20
50
Problematic Uses
5,000
50
25
15—
10
10—
25
5/ 1,000 SF
spaces per
25
20
GFA
Restaurants
3,500—
35—
25—
15—
0—
10—
25—
7-12/spaces-per
10,000
100
50
25
10
20
50
1,000 SF GFA
Retail Plazas
15,000
100
25—
15—
0—
10—
25—
4/ spaces per 1,000 SF
50
25
10
20
50
GFA
Retail Sales and Services
3,500—
30—
25—
15—
0—
10—
25—
4 -5/ -spaces per -1,000
10,000
100
50
25
10
20
50
SF GFA
RV Parks
40,000
200
25
15—
20
10—
25
1/ space per RV space
25
20
17
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Schools (2)
30,000—
100—
25—
15—
0—
10—
25—
1/ -per -3 students
40,000
200
50
25
10
20
50
Self Storage
20,000
100
25
15—
10
10—
25
1I -per -20 units plus 2 for
25
20
manager's office
Social/Public Service
5,000—
50—
25—
15—
0—
10—
25—
3-4/ spaces per 1,000
50
SF GFA
Agencies(1)
10,000
100
50
25
10
20
Vehicle Sales/Displays
10,000—
100—
25
15—
10
10—
25
2.5/ -spaces -per 1,000
40,000
200
25
20
SQ -FT of lot area
Flexibility criteria:
I. Limited vehicle service.
1. Lot area and width: The reduction in lot area and/or width will not result in a building
which is out of scale with existing buildings in the immediate vicinity of the parcel
proposed for development.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance and landscaped areas are in excess of the minimum
required.
3. Side and rear setback:
a. The reduction in side and/or rear setback does not prevent access to the rear of any
building by emergency vehicles;
b. The reduction in side and/or rear setback results in an improved site plan, more
efficient parking, or improved design and appearance and landscaped areas are in
excess of the minimum required.
4. Off-street parking: The physical characteristics of a proposed building are such that the
likely uses of the property will require fewer parking spaces per floor area than otherwise
required or that the use of significant portions of the building will be used for storage or
other non -parking demand -generating purposes.
5. Garage doors and bays shall be located perpendicular to the abutting streets. Bays shall
be screened from adjacent property by landscaped walls or fences.
6. Tunnels associated with car washes shall be located parallel to the abutting street.
7. Vacuums and similar equipment accessory to car washes shall meet applicable side and
rear setbacks, consist of muted colors, and shall not be placed between the principal
structure and the right-of-way.
78. The facade of the building which fronts on public roads are designed with windows,
cornices or other architectural features or treatments.
79. The use does not involve the overnight, outdoor storage of automobiles.
18 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
810. The parcel proposed for development is not contiguous to a parcel of land which
is designated as residential in the Zoning Atlas.
911. The design of the parcel proposed for development is compatible with the
surrounding area.
Section 8. That Article 2, Zoning Districts, Division 8, Tourist District ("T"), Community
Development Code, be amended to read as follows:
Section 2-802. - Flexible standard development.
Table 2-802. "T" District Flexible Standard Development Standards
Used 1
Min.
Lot
Area
(sq. ft.)
Min.
Lot
Width
(ft.)
Max
i leightm
Min. Setbacketti
(ft.)
Max
Min.
Off -Street
Parking
Heinht(1)
(#_)
Front
Side
Rearms
Accessory Dwellings Unit
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1/unit
Alcoholic/Beverage/Sales
5,000
50
35
10—
10
20
35
5/-&er-1,000 SF
15
GFA
Attached/_Dwellings (6)
10,000
100
35--50
10—
10
10—
35-50
2/unit
15
20
Bars
5,000
50
35
15
10
20
35
10%er-1,000 SF
GFA
Brewpubs
5,000—
50—
35--50
0—
0—
10—
35-50
1.5/1,000 SF GFA
10,000
100
15
10
20
dedicated to
brewery
operations and
support services;
and 7-12/1,000
SF GFA for all
other use area
Governmental Uses (2)
10,000
100
35-50
10—
0—
10—
35-50
3-4/1,000 SF
15
10
20
GFA
Indoor
5,000
50
35--50
0—
0—
20
35-50
101-peF-1,000 SF
Recreation/Entertainment
15
10
GFA
Medical Clinic
10,000
100
35--59
10—
10
20
35-50
5/1,000 SF GFA
15
Mixed Use
5,000—
50—
35--50
0—
0—
10—
35-50
Based upon
10,000
100
15
10
20
specific use
requirements
Museums
10,000
100
35--50
10—
0—
10—
35-50
1-3/1,000 SF
15
10
20
GFA
Nightclubs
5,000
50
35
15
10
20
35
10%1,000 SF
GFA
Offices
5,000—
50—
35--50
0—
0—
10—
35-50
3/1,000 SF GFA
10,000
100
15
10
20
19
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Outdoor
Recreation/Entertainment
5,000
50
35
10—
15
10
20
35
2.5/spares-per
1,000 scift, SF of
lot area or as
determined by the
community
development
di -Fester -coordinator
based on ITE
Manual standards
Overnight
20,000
100—
35--59
10—
0—
10—
35-50
1.21 -per-unit
Accommodations
150
15
10
20
Parking Garages and
20,000
100
50
15—
10
10—
50
n/a
Lots
25
20
Parks and Recreation
Facilities
n/a
n/a
50
25
10
20
50
1/20,000 SF
of land area or as
determined by the
community
development
coordinator based
on ITE Manual
standards
Public Transportation
n/a
n/a
40
n/a
n/a
n/a
10
n/a
Facilities(3)
Resort Attached
10,000
100
35-50
10—
10
10—
35-50
1.5/unit
Dwellings(6)
15
20
Restaurants
5,000—
50—
35-59
0—
0—
10—
35-50
7-12/ spaces per
10,000
100
15
10
20
1,000 SF GFA(5)
Retail Plazas
15,000
100
35--50
0—
0—
10—
35-50
4/ -spares -per
15
10
20
1,000 SF GFA
Retail Sales and
5,000—
50—
35-50
0—
0—
10—
35 - 50
4-5/ spaces per
Services
10,000
100
15
10
20
1,000 SF GFA (5)
Social and Community
5,000—
50—
35--50
10—
0—
10—
35-50
4 -5/ -spares -der
Center
10,000
100
15
10
20
1,000 SF GFA
Utility/Infrastructure
n/a
n/a
R/a
25
10
10
n/a
n/a
Facilities(4)
Flexibility criteria:
A. Accessory dwellings unit. One accessory dwelling unit, which is subordinate and accessory
to a principal permitted use is allowed provided that:
a.-
13. Title to the unit is vested in the ownership of the principal use.
23. The floor area of the unit does not exceed 25 percent of the floor
area of the principal use.
20 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
3. The unit complies with the development standards established for the principal use.
4. The unit shall be constructed with a similar architectural style as the principal use.
Section 2-803. - Flexible development.
Table 2-803. "T" Flexible Development Standards
Use
Mire. Lot
Area
(sq. ft.)
Min.
Lot
Width
(ft.) '
Max-,
Height
Min. Setbacks(1)
Max.
Off -
Mi'n. Off -
Street
Parking
(ft.)
Height(1)
Min:
Frontes
(ft.)
Min,
Sides
04
Miaj
Rearfi
(fL4
;U
Alcoholic Beverage Sales
5,000
50
35--I00
0-15
0-10
10—
20
35-100
5/ 1,000
SF GFA
Attached Dwellings(3)
5,000—
10,000
50—
100
35--100
0-15
0-10
10—
20
35-100
2/-)er-unit
Bars
5,000
50
35--100
0-15
0-10
10—
20
35-100
101 -per -1,000
SF GFA
Brewpubs
5,000—
10,000
50—
100
35--100
0-15
0-10
10—
20
35-100
1,5/1,000 SF
GFA
dedicated to
brewery
operations
and support
services; and
7-12/1,000
SF GFA for
all other use
area
Comprehensive Infill
Redevelopment Project
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Determined
by the
community
development
coordinator
for all other
uses based
on the
specific use
and/or ITE
Manual
standards
Limited Vehicle Sales
and Display
5,000
50
35--190
0-15
0-10
10—
20
35-100
4-5/ spacco
X1,000 SF
GFA
Marinas and Marina
Facilities
5,000
50
25
10-15
0-10
10—
20
25
1/ -space -per
2 slips
21
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Mixed Use
5,000—
50—
35--100
0-15
0-10
0-20
35-100
Based upon
10,000
100
specific use
requirements
Nightclubs
5,000
50
35--100
0-15
0-10
10—
35-100
10I -per -1,000
20
SF GFA
Offices
5,000—
50—
35--140
0-15
0-10
10—
35-100
3/1,000 SF
10,000
100
20
GFA
Outdoor
5,000
50
35
5-15
0-10
10—
35
2.5/ spaccs
Recreation/Entertainment
20
X1,000 SQ
FT of lot area
or as
determined
by the
community
development
coordinator
based on ITE
Manual
standards
Overnight
10,000—
100—
35--1-00
0-15
0-10
0-20
35-100
1 -1.2/ -pec
Accommodations(3)
20,000
150
unit
Resort Attached
5,000—
50—
35--100
0-15
0-10
10—
35-100
1.51 -per-unit
Dwellings(3)
10,000
100
20
Restaurants
5,000—
50—
25--1-00
0-15
0-10
10—
25-100
7-12/
10,000
100
20
spaces -per SF
GFA(2)
Retail Plazas
15,000
100
35--1.00
0-15
0-10
10—
35-100
4/ spaces per
20
1,000 SF
GFA
Retail Sales and
5,000—
50—
35--1-00
0-15
0-10
10—
35-100
4-5/ spaces
Services
10,000
100
20
X1,000 SF
GFA(2)
Section 9. That Article 2, Zoning Districts, Division 10, Office District ("0"), Community
Development Code, be amended to read as follows:
22 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Section 2-1002. - Minimum standard development.
Table'2-1002. "0" District Minimum Development Standards
. Use
Min.
Lot
Area
(sq.
ft.}
Min,
Lot
Width
(ft -i
Maar
Height
014F
Min. Setbacks
(ft.)
Max.
Min.
Cuff -Street
Parking
Height
rant
'Side;
Rear
Funeral Homes
10,000
100
39
25
10
20
30
0.25/ -per -seat
Medical Clinic
10,000
100
30
25
10
20
30
5/1,000 SF GFA
Offices
10,000
100
30
25
10
20
30
3/1,000 t:F GFA
Parks and
Recreation
Facilities
n/a
n/a
59
25
10
20
50
1/20,000 SF of land area
or as determined by the
community development
director based on ITE Manual
standards
Places of
Worship(1)
40,000
200
30
35
20
20
30
1/ 2 seats
Schools
40,0
30
35
20
20
30
31/3 students
Telecommunication
10,00000
100200
Refer
to
Section
3-200.1
25
10
20
Refer
n/aTowers
to
Section
3-2001
Section 2-1003. - Flexible standard development.
Tabl
2-10113. "0" District Flexible Standard Development Standards
Miry Lot
Area
(sq.. ft•)
Accessory Dwellings Unit
n/a
Min.
Lot
Width
(ft.)
n/a
Min. Setbacks
Front
Rear
Max.
Heistht
Mtn.
-S
Parking Parking
n/a
n/a
n/a
n/a
1/unit
Community Residential
Homes
6,000
60
30
25
10
10
30
11 2 residents
Educational Facilities
3,500
50
30-
50
25
10
20
30-50
2-3/1,000 SF GFA
Funeral Homes
3,500-
10,000
50-
100
39-50
15-25
10
10-
20
30-50
0.251 -per -seat
Medical Clinic
10,000
100
30-50
15-25
10
10-
20
30-50
5/1,000 SF GFA
Nursing Homes
20,000
100
30
35
20
20
30
11 2 residents
Offices
3,500-
10,000
50-
100
30—
50
15-
25
10
10-
20
30-50
2-3/1,000 SF GFA
Off -Street Parking
3,500
50
25
10
20
n/a
n/a
23
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Places of Worship(1)
20,000—
40,000
100—
200
30—
50
25—
35
10—
20
10—
20
30-50
1/ -per -2 seats
Public Transportation
Facilities(2)
n/a
n/a
1-0
n/a
n/a
n/a
10
n/a
Restaurants
n/a
n/a
fl/a
n/a
n/a
n/a
n/a
n/a
Retail Sales and
Services
n/a
n/a
a/a
n/a
n/a
n/a
n/a
n/a
TV/Radio Studios
40,000
200
35
35
20
20
35
5/1,000 SF GFA
Utility/Infrastructure
Facilities(3)
n/a
n/a
i /a
35
20
20
n/a
n/a
Veterinary Offices
5,000
50
30
25
10
20
30
4/1,000 SF GFA
Flexibility criteria:
A. Accessory dwellings unit. One accessory dwelling unit, which is subordinate and accessory
to a principal permitted use is allowed-shall—be—permitted provided that:
1. Title to the accessory -dwelling unit is vested in the ownership of the principal use;,
2. The floor area of the assessey-dwelling unit does not exceed 25 percent of the floor
area of the principal use.,
3. The unit complies with the development standards established for the principal use.
4. The unit shall be constructed with a similar architectural style as the principal use.
Section 2-1004. - Flexible development.
Table 2-1004. "0" District Flexible I
Comprehensive
Infill
Redevelopment
Project
Min. Lot -
Area
(sq. )
n/a
Min.
Lot
Width
(ft.)
n/a
Standards
nia
n/a
n/a
n/a
n/a
Determined by the community
development
direstercoordinator based on
the specific use and/or ITE
Manual standards
Mixed Use
3,500
50
30-
80
15-
35
10-
20
10-
20
30-80
Based upon specific use
requirements
Nursing Homes
20,000
100
30-
50
15-
35
10-
20
10-
20
30-50
11--pec-2 residents
TV/Radio
Studios
20,000-
40,000
100-
200
35—
80
15-
35
10-
20
10-
20
35-80
3-5/1,000 SF GFA
24
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Section 10. Article 2, Zoning Districts, Division 11, US 19 District ("US 19"), Community
Development Code, be amended to read as follows:
Section 2-1101.1. — Maximum development potential.
B. Residential density on those portions of property located within the coastal storm area shall
be limited to the density in place prior to the adoption of this Code, consistent with Policy
A.1.1.2 and Map A 16 of the Comprehensive Plan.
* * * * * *
Section 11. That Article 2, Zoning Districts, Division 12, Institutional District ("I"),
Community Development Code, be amended to read as follows:
Section 2-1203. — Flexible standard development.
Table 2-120
District Flexible Standard Development Standards
Miro. Lot
Area
(sq. ft.)
Accessory Dwellings Unit
n/a
Min.
Lot
Width
(ft.)
n/a
Min. Setbacks
(ft.)
Front
n/a
Side
n/a
n/a
Max.
Height
(ft.)
n/a
Min.
Off -
Street
Parking
1/unit
Flexibility criteria:
A. Accessory dwellings unit. One accessory dwelling unit, which is subordinate and accessory
to a principal permitted use is allowed provided that:
1. Title to the unit is vested in the ownership of the principal use;_
2. The floor area of the acsesseq dwelling unit does not exceed 25 percent of the floor
area of the principal use.
3. The unit complies with the development standards established for the principal use.
4. The unit shall be constructed with a similar architectural style as the principal use.
B. Airport. All development activity identified in the 1999 Airport Master Plan (as amended)
shall be processed as Flexible Standard
Development Project ,
All development projects at the city's Airpark must be
consistent with the 4999approved Airport Master Plan.
25
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Section 12. Article 2, Zoning Districts, Division 13, Industrial, Research and Technology
District ("IRT"), Community Development Code, be amended to read as follows:
Section 2-1302. — Minimum standard development.
Table 2-1302. "IRT" Distr
Accessory Dwellings Unit
t Minimum Development Standards
Min.
Lot
Area
(sq.
ft.)
5,000
Min'.
Lot
Width
50
Min. Setbacks
Front
Side
Min.
Off -Street
Parking Si
20
15
15
50
1/unit
Governmental Uses (1)
20,000
200
20
15
15
50
3/1,000 SF GFA
Indoor
Recreation/Entertainment
(2)
Manufacturing (3)
20,000
200
20
15
15
50
5/1,000 SF GFA
or 5/lane, 2/court
or 1/machine
20,000
200
20
15
15
50
1.5/1,000 SF
GFA
Offices (4)
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Parks and Recreation
Facilities
n/a
n/a
25
10/20
20
50
1/20,000 SF
land area or as
determined by
the community
development
coordinator
based on the ITE
Manual
standards
Publishing and Printing
20,000
200
20
15
15
50
3/1,000 SF GFA
Research and
Technology
20,000
200
20
15
15
50
2/1,000 SF GFA
Restaurants (5)
10,000
100
20
15
15
50
121 epases-pef
1,000 SF GFA
Self Storage
20,000
200
20
15
15
50
1/ -per -20 units
plus 2 for
manager's office
Telecommunication
Towers
10,000
50
25
10120
20
Refer to
Section 3-
2001
n/a
TV/Radio Studios
20,000
200
20
15
15
50
4/11000 SF GFA
26
Ordinance No. 9758-24
Docusign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Urban Farms (6)
n/a
n/a
20
15
15
50
2/acre or
fraction thereof
Vehicle Service (7)
20,000
200
20
15
15
50
1.5/1,000 SF
GFA
Wholesale/Distribution/
Warehouse Facility
20,000
200
20
15
15
50
1.5/1,000 SF
GFA
Section 2-1303. – Flexible standard development.
Table 2-1303. "IRT" District Flexible Standard Development Standards
Uses
Min. Lot
Area
(sq. ft.)
Min. Lot
Width :
Min. Setbacks
(ft.)
Max.
Height
(ft.)
Min. Off -Street
Parking
. (ft.)
Front
Side/Roaf
Rear
Animal Boarding
10,000
100
20
15
15
30
5/1,000 SF
GFA
Automobile Service Stations (1)
20,000
100
20
15
15
30
4/11000 SF
GFA
Major Vehicle Service (1)
20,000
100
20
15
15
30
4/11000 SF
GFA
Manufacturing (2)
10,000
100
20
15
15
50
1.5/1,000 SF
GFA
Microbreweries
5,000—
10,000
50-100
20
15
15
50
1.5/1,000 GFA
dedicated to
brewery
operations and
support
services; and
7-12/1,000
GFA for all
other use area
Offices
20,000
200
20
15
15
50
3/1,000 SF
GFA
Outdoor Recreation/Entertainment
(3)
40,000
200
20
15
15
30
1-10/1,000 SF
Land Area or
as determined
by the
community
development
coordinator
based on ITE
Manual
standards
Outdoor Storage
10,000
100
20
15
15
30
3/1,000 SF
GFA
Parking Lots
10,000
100
20
15
15
n/a
n/a
Public Facilities
10,000
100
20
15
15
50
1-2 per 1,000
GFA
27
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Public Transportation Facilities (4)
n/a
n/a
n/a
n/a
n/a
10
n/a
Publishing and Printing
10,000—
100—
20
15
15
50
3/1,000 SF
20,000
200
GFA
Research and Technology
10,000
100
20
15
15
50
2/1,000 SF
GFA
Residential Shelters (5)
5,000
50
20
15
15
30
3/1,000 SF
GFA
Retail Sales and Services (1)
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Restaurants (6)
5,000—
50 -100
20
15
15
50
7-12 spaces
10,000
per 1,000 GFA
Self Storage
10,000
100
20
15
15
50
1I -per -20-25
units plus 2 for
manager's
office
TV/Radio Studios
10,000
100
20
15
15
50
4/11000 SF
GFA
Utility/Infrastructure Facilities (7)
n/a
n/a
20
15
15
n/a
n/a
Vehicle Sales/Displays and Major
40,000
200
20
15
15
30
1.5/1,000 SF
Vehicle Sales/Displays (8)
Lot Sales Area
Vehicle Service (8)
10,000
100
20
15
15
50
1.5/1,000 SF
GFA
Veterinary Offices
10,000
100
20
15
15
30
5/1,000 SF
GFA
Wholesale/Distribution/Warehouse
10,000
100
20
15
15
50
1.5/1,000 SF
Facility
GFA
Section 13. That Article 3, Development Standards, Division 1, Access Management
Standards, Community Development Code, be amended to read as follows:
Section 3-102. – Access management classification system and standards.
E. Measurement of driveway spacing. Driveway spacing shall be measured from the closest
edge of the pavement to the next closest edge of the pavement.
* * * * * *
Section 14. That Article 3, Development Standards, Division 2, Accessory
Use/Structures, Community Development Code, be amended to read as follows:
Section 3-202. – Exemptions.
A. For the purpose of calculating the gross floor area of the principal use as set forth in Section
3-203.C., the floor area of any attached garage or carport shall be included.
28 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
B. A detached two -car garage that is accessory to a detached dwelling shall be exempt from
the size limitations set forth in Section 3-203.C., provided there is no other garage located
on the site.
C. Garden centers shall be exempt from the size limitations set forth in Section 3-203.C.
D. Swimming pools shall be exempt from the size limitations set forth in Section 3-203.C.
E. A screen enclosure around a swimming pool shall be exempt from the maximum height
requirement set forth in Section 3-203.D., with the limitation that it not exceed the height of
the principal structure.
F. Picnic tables, sheds, water pumps, etc., that are accessory to a community garden shall be
exempt from the location requirement set forth in Section 3-203.A.
G. Recreation equipment, including but not limited to: play apparatus, swing sets, slides,
sandboxes, play houses and basketball hoops shall be exempt from the location
requirement set forth in Section 3-203.A., as well as the size limitations set forth in Section
3-203.C. All such recreation equipment, however, must still meet applicable setbacks.
I. Accessory dwelling units shall be exempt from the standards in this Article, with the
exception of Sections 3-203.A and 3-203.D and shall comply with the applicable standards
in Article 2, Zoning Districts, for the zoning district in which it is located.
Section 3-203. — General standards.
E. Carports, garages or any structure used or intended to be used for the storage of any
vehicle shall include a permanent and solid roof deck constructed with material such as
asphalt shingles, metal, concrete tile, e -wood, or photovoltaic (PV) panels. Fabric, canvas,
and canvas/fabric-like materials are prohibited.
H. Accessory uses shall not cumulatively exceed teR25 percent of the gross floor area of the
principal use, except as may otherwise be permitted in this Code.
Section 3-204. — Specific standards.
D. Mechanical equipment.
1. Equipment shall be placed on roofs or to the rear or side of buildings and shall not be
placed between any right-of-way and the principal structure(s),
2. Equipment screening:
29 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
a. Ground -mounted mechanical equipment shall be screened from public view by
landscape materials or architecturally finished walls and enclosures designed
consistent with the exterior facade of the building or other fencing as approved by the
Community Development Coordinator.
b. Rooftop -mounted mechanical 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
equipment being screened.
c. Elevator equipment rooms or similar mechanical equipment enclosures shall be
designed to complement the design of the street -facing building facades and shall be
clad on all sides in material used on street -facing facades. Equipment shall -be
J. Solar energy systems.
1. Roof mounted solar energy system.
a. Panels shall be installed in a horizontal configuration and meet the following:
i. On pitched roofs, panels shall be parallel to the roof and not project more than 12
inches above the roof.
ii. On flat roofs, panels shall not exceed five feet in height when at maximum tilt
angle and shall be set back from the edge of the roof to minimize visibility from
the street, where technically feasible.
b. Panels shall not exceed the maximum height permitted in the applicable zoning
district, whether installed on a pitched or flat roof.
c. Systems shall meet applicable building and fire codes.
2. Floating solar energy system.
a. At the time of application, a professional engineer shall provide a statement ensuring
the proposed system will not cause degradation to the performance or any negative
impacts to the biological community of the body of water in which the system will be
located.
b. Systems shall not exceed three feet in height above the surface of the body of water
in which it is located.
30 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-0867EB3B5B50
Section 15. That Article 3, Development Standards, Division 8, Fences and Walls,
Community Development Code, be amended to read as follows:
Section 3-804. — Height requirements.
C. Corner and multi -frontage lots. For the purposes of fence or wall placement on corner or
multi -frontage lots, the front shall be the 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 the front
of the property shall adhere to the provisions in Section 3-804.A.1 through 3, above. A fence
or wall may be permitted on the side property line in compliance with the provisions in
Section 3-804.6., 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. 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.B., above, regardless 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.
31 Ordinance No. 9758-24
Docusign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
Non-opaque/open style or picket fence examples
Delete existing image and replace with the below image.
2in
Min.
Minimum spacing between fencing siats/pickets: 2 inches
D. Double frontage lots. For the purposes of fence or wall placement on double frontage lots,
the front shall be 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 of any fence or wall on the front of the property shall
adhere to the provisions in Section 3-804.A., above. A fence may be permitted on the rear
property line in compliance with the provisions in Section 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
as the lot on which the fence or wall is proposed; and
2. The pattern of the dwellings across the street is also oriented with the rear facing the lots
across the street.
32 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
3. If both of the above conditions cannot be met, such fence or wall in the rear shall not
exceed four feet in height.
4. If the rear 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.B., above, regardless of any of the above
conditions.
Fences and Walls: Double Frontage Lots
Property Line: Side
Between
the principal
structure
and non -
addressed
front property
line.
Principal
�iructure
Property Line: Side
Delete existing image and replace with the below image.
Rear
Property Line: Side
Between the
principal structure
and the non -
addressed front
property line.
Rear
Property Line: Side
33
Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
Section 16. That Article 3, Development Standards, Division 9, General Applicability
Standards, Community Development Code, be amended to read as follows, and by adding new
Section 3-921:
Section 3-903. — Required setbacks.
A. Except for fences, walls, outdoor lighting, signs, minimum door landing required by the
Florida Building Code, walkways leading to building entrances, driveway access to garages,
and/or vehicular cross access (driveways), shared parking, and trash staging areas, no
building or structure shall be permitted in a setback required by the applicable zoning
district. Sidewalks shall be no greater than 428 inches in width, nor greater in width than that
required by the Florida Building Code.
Section 3-904. — Sight visibility triangle.
A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping
may be installed which will obstruct views at a level between 30 inches above grade and
eight feet above grade within the sight visibility triangle described in the following figure.-,
unless otherwise approved by the City Engineer.
Section 3-920. — Affordable housing incentives.
A. Affordable housing density dwelling units.
1. City review and approval process.
a. City approval procedures. Such approval shall be considered a Level TweOne
(flexible standard development) approval in accordance with the provisions of Article
4 Division 43 of the Community Development Code. The use of the density bonus as
provided within this section shall not be considered a land use plan amendment.
Section 3-921. — Graywater system incentives.
A. Graywater system density bonuses.
1. City approval procedures. Such approval shall be considered a Level One (flexible
standard development) approval in accordance with the provisions of Article 4, Division 3
of the Community Development Code.
2. Requirements.
a. Graywater system density bonuses shall be provided for a proposed or existing
development that contains at least 25 detached dwellings or 25 attached dwelling units
and shall not apply to those attached dwelling developments greater than five stories
in height.
b. Gravwater technologies shall meet all applicable requirements provided under or by
F.S. § 403.892, as amended, the Florida Building Code, the Department of Health,
and any other applicable federal. state, or local governing law.
34 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-8918-D867EB3B5B50
c. The following bonuses shall be provided to the developer or homebuilder:
i. A 25 percent density or intensity bonus for projects where a minimum of 75 percent
of the development will have a graywater system installed; or
ii. A 35 percent density or intensity bonus for projects where 100 percent of the
development will have a graywater system installed.
iii. Gravwater density or intensity bonuses can be applied in addition to other density
or intensity bonuses provided for in this code.
Section 17. That Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, Community Development Code, be amended to read as follows:
Section 3-1202. — General Landscaping Standards.
A. Applicability.
3. Existing developed lots. Existing lots not meeting the requirements contained in this
division shall be brought into compliance to the greatest extent
practicable as determined by the Community Development Coordinator under one or
more of the following conditions:
a. If an existing use is improved or remodeled in a value of 25 percent or more of the
valuation of the principal structure as reflected on the property appraiser's current
records.
b. If an amendment, other than a minor amendment, is required to an existing approved
site plan.
c. If a parking lot requires additional landscaping pursuant to the provisions of Article 3,
Division 14.
Section 18. That Article 3, Development Standards, Division 14, Parking and Loading,
Community Development Code, be amended as follows:
Section 3-1401. — Parking.
B. Applicability.
3. Existing parking lots. Existing parking lots not meeting the requirements contained in this
division shall be brought into compliance to the greatest extent
practicable as determined by the Community Development Coordinator under one or
more of the following conditions:
a. If an existing use is improved or remodeled in a value of 25 percent or more of the
valuation of the existing principal structure as reflected on the property appraiser's
current records.
35 Ordinance No. 9758-24
DocuSign Envelope ID: 43F6A5DC-D101-4FE1-B918-D867EB3B5B50
b. If an amendment, other than a minor amendment, is required to an existing approved
site plan.
Section 19. That Article 3, Development Standards, Division 18, Signs, Community
Development Code, be amended to read as follows:
Section 3-1803. Exempt signs.
The following signs are exempt from regulations under this Division 18:
G. Banners erected within the public right-of-way or on public property if part of a city banner
program.
Section 20. Article 3, Development Standards, Division 21, Temporary Uses, Section
3-2103, Allowable Temporary Uses, Community Development Code, be amended to read as
follow:
Section 3-2103. — Allowable temporary uses.
N. Temporary emergency housing.
1. Upon declaration of a state of housing -emergency by cithcr the Pinellas County Board of
County Commissioners, or the City of Clearwater City Council, or the Governor, those
provisions set forth in Chapter 34, Article II, of the Pinellas County Code of Ordinances
with regard to emergency housing shall be applicable in those areas encompassed by
the declaration, with the exception that the emergency housing shall be permitted for up
to 36 months after the date of declaration or until a certificate of occupancy is issued on
the permanent residential structure, whichever occurs first.
Section 21. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Community Development Code, be amended to read as follows:
Section 4-202. — Applications for development approval.
C. Determination of completeness.
1. Determination of completeness. Within seven working days after the published
application deadline, the community development coordinator shall determine whether
an application is complete.
b. Notice of application to abutting property owners. After the community development
coordinator has accepted a Level One (flexible standard development) or Level Two
(flexible development) application for filing, ho -shall notice of the application shall be
mailed to each owner of record of any land within a 200 -foot radius of the perimeter
36 Ordinance No. 9758-24
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boundaries of the subject property. Notice shall also be mailed to any affected
registered local neighborhood association and to any citywide neighborhood
association. Notice shall be provided no less than ten days prior to the review of the
application before the development review committee (determination of sufficiency).
All notices shall include a summary of the proposal under consideration, the
procedure for consideration of the application, the address of the subject property,
and contact information for both the applicant and the city.
Section 22. That Article 4, Development Review and Other Procedures, Division 8,
Traffic Impact Study, Community Development Code, be amended to read as follows:
Section 4-801. — Purpose and applicability.
A. The purpose of the traffic impact study is to examine the effect of a proposed development
on the roadways of the city in accordance with an established methodology. If a traffic
impact study is required pursuant to this -division -Article 4. Division 9, the methodology to be
used shall be discussed and agreed upon at a pre -application conference held in
accordance with Section 4-201.
B. Except as provided in subsection C below, a traffic impact study shall be required for
development projects within a deficient road corridor pursuant to Article 4. Division 9._which
Trip generation shall be based on the most recent edition of the Institute
of Transportation Engineers Trip Generation Manual.
Section 4-802. — Procedures.
B. Typically the examination shall be made for the a.m. and p.m. peak hours of the roadway; if
a proposed use or mix of uses has peaking characteristics which fall outside of the normal
a.m. and p. m. peak hours, the traffic engineer may require an analysis of the particular
peak period of the proposed use or mix of uses.
Section 4-803. — Standards for study.
A. Traffic characteristics to be analyzed. The following traffic characteristics shall be analyzed
for any development for which a traffic impact study is required:
1. Study area roadways, intersections, and traffic study requirements shall be established
during a pre -application conference.
24. Existing (data collected within the last two years) and projected traffic volumes and
levels of service.
32. Trip distribution including origination and destination projections for the proposed
development.
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43. Average daily trips and peak hour trips projected to be generated at buildout and full
occupancy.
54. Amounts and projected growth of background traffic in five years after build -out
(including an annual growth rate and any developments specified by City of Clearwater
staff).
65. Existing and future, no -build and build, roadway, and intersection levels of service
76. Proposed improvements or alterations to roadways, intersections, or traffic control in the
study area .
87. Appropriate trip generation adjustments including internal shared -use trips, pass -by
trips, and transit mode share
B. Additional traffic analyses which may be required. The following analyses of site -related
traffic may be required by the traffic engineer as part of the traffic impact study:
5. Accident rates, patterns, and crash mitigations at intersections.
D. Minimum required standards. A traffic impact study for a development shall demonstrate that
the infrastructure requirements and standards set forth in the
improvement elements of the sComprehensive pPlan of the city are or shall be satisfied to
the extent that such requirements apply to the development.
Section 23. That Article 4, Development Review and Other Procedures, Division 9,
Concurrency and Mobility Management, Community Development Code, be amended to read as
follows:
Division 9. Concurrency -ani Mobility Management
Section 4-901.. Reserved.
�I. Signs.
5. Utility infrastructure facilities.
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g . Parking garages and Inter
v
11. Projects that are vested.
12. Roads.
Section 4-902.. Reserved.
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Section 4-903.
Reserved.
b. Diverted trips.
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Section 24. That Article 8, Definitions and Rules of Construction, Section 8-102.
Definitions, Community Development Code, be amended to read as follows:
Section 8-102. Definitions.
Blackwater means that part of domestic sewage carried off by toilets, urinals, and kitchen
drains.
* * * * * *
Coastal storm area means the area delineated in
ef-the Clearwater Comprehensive Plan, which encompasses all of the following: (1) the Coastal
High Hazard Area (CHHA), which shall be defined by the Sea, Lake and Overland Surges from
Hurricanes (SLOSH) model to be inundated from a category one hurricane, as reflected in the
most recent Regional Evacuation Study, Storm Tide Atlas, (2) all land connected to the
mainland of Clearwater by bridges or causeways, (3) those isolated areas that are defined by
the SLOSH model to be inundated by a category two hurricane or above and that are
surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located within
the Velocity Zone as designated by the Federal Emergency Management Agency.
Doq daycare means a short-term daytime care for dogs that does not include overnight
boarding.
Dwelling unit, accessory means a secondary dwelling unit that exists either within the same
structure, or on the same lot as a detached dwelling or
nonresidential use. Mobile homes and recreational vehicles shall
not be used as accessory dwelling units.
Graywater means that part of domestic sewage that is not blackwater, including waste from the
bath, lavatory, laundry, and sink, except kitchen sink waste.
* * * * * *
Maximum tilt angle means the angle at which a solar energy system produces the highest
energy yield in converting solar energy into electrical energy. The maximum tilt angle for solar
energy systems in the City of Clearwater is approximately 25°.
Mechanical equipment means outdoor mechanical, electrical, and communication equipment
including heating, air conditioning, and ventilation equipment; venting and vent terminations for
commercial hoods; mechanical penthouses; electrical and communication equipment, panels,
and cabinets; satellite dishes; pool equipment such as heaters, filters, and pumps; generators;
propane tanks; and similar features.
Nonresidentially zoned property means any parcel of property located in one of the following
districts; Office ("0"); Tourism ("T"); Commercial ("C"); Downtown ("D"); Industrial, Research
and Technology ("IRT"); Institutional ("I"); Open Space/Recreation ("OS/R"); or Preservation
("P"); Mixed I Ice ("M I°\
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Photovoltaic (PV) panel means a device that converts solar energy directly into electricity.
Racking equipment means any and all equipment used during the installation of a solar energy
system.
Retail sales and services means a building, property, or activity the principle use or purpose of
which is the sale or lease of goods, products, materials, or services directly to the consumer,
including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care,
dog daycare, personal services, tattoo parlor, animal grooming, art galleries, artisans, farmer
markets, medical marijuana treatment center dispensing facilities, and including the sale of
alcoholic beverages for off -premises consumption provided that the sale of alcoholic beverages
is subordinate to the principal use and display of alcoholic beverages occupies less than 25
percent of the floor area of the use. Not including problematic uses, street vendors or the on -
premises consumption of alcoholic beverages.
Shipping container means a reuasable transport and storage unit primarily used for moving
products which can be used as a living space.
Solar energy system means a system that converts the sun's light into electricity or thermal
energy.
Solar energy system, floating means a solar energy system, that floats within a body of water.
Solar energy system, roof mounted means a solar energy system that is mounted to a roof,
whether pitched or flat.
******
Section 25. That Appendix B, US 19 Zoning District and Development Standards,
Division 3, Subdistrict Standards, Community Development Code, be amended to read as follows:
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Section B-301. Development intensity.
A) Maximum Development Potential
The maximum development potential set forth for each Subdistrict is shown in Table 1. Permitted
Intensities by Future Land Use Category. All allowable uses, including residential and overnight
accommodations, are regulated by Floor Area Ratio (FAR).
Table 1. Permitted intensities by Future Land Use Category
Clearwater
Future Land Use
Category
Countywide Plan Map
Category/Subcategory
US 19
Subdistrict
Maximum Floor
Area Ratio (FAR)
US 19 Regional
Center
Activity Center (AC)/Major
Center Subcategory
Regional Center
FAR 2.5
US 19
Neighborhood
Center
Activity Center (AC)/Community
Center Subcategory
Neighborhood
Center
FAR 1.5
US 19 Corridor
Multimodal Corridor
(MMC)/Primary Category
Corridor
FAR 1.5
B) Residential Density in Coastal Storm Area
Residential density on those portions of property located within the coastal storm area shall be
limited to the density in place prior to the adoption of this Code, consistent with Policy A.1.2.2CCM
2.4.3 and Map A-16CCM 6 of the Comprehensive Plan.
Section 26. That Appendix C, Downtown District and Development Standards,
Division 2, Regulating Plan, Community Development Code, be amended to read as follows:
Section C-202. - Character district regulating plan.
Standards and regulations in Appendix C, Division 3 related to land use and parking,
development density and intensity, and building height within the Downtown District apply to
properties falling within one of five character districts illustrated in Figure 1. Character Districts.
A. Downtown Core Character District. The Downtown Core Character District is intended for
high intensity mixed-use, office, and residential development in building with active ground
floor uses opening onto pedestrian -friendly streetscapes. Standards are designed to support
a dense urban pattern of development with buildings facades aligned along public sidewalks
and parking primarily located within buildings behind active uses and behind buildings.
Properties adjacent to the Pinellas Trail are designed to provide pedestrian and bicycle
connections to the tr-ial'trail.
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Section 27. That Appendix C, Downtown District and Development Standards,
Division 3, Character District Standards, Community Development Code, be amended to read
as follows:
Section C-303. — Permitted uses and parking.
Table 2. Use and Off -Street
Parking
Use
Downtown Core
Old Bay
South Gateway
Prospect Lake
Downtown Gateway
Use Specific Criteria
Minimum
Off -Street
Parking
Spaces
RESIDENTIAL
USES
Accessory
BCP
BCP
BCP
BCP
BCP
One accessory dwelling unit, which is
1/unit
Dwelling Unit
subordinate and accessory to a principal
permitted use is allowed provided that:
1. Title to the unit is vested in the ownership of
the principal use.
2. The floor area of the unit does not exceed
25 percent of the floor area of the principal
use.
3. The unit complies with the development
standards established for the principal use.
4. The unit shall be constructed with a similar
architectural style as the principal use.
Section 28. That Appendix C, Downtown District and Development Standards,
Division 6, Building Design Standards, Community Development Code, be amended to read as
follows:
Section C-606. — Mechanical equipment.
B. Equipment Screening.
3. Elevator equipment room or similar mechanical equipment
enclosures 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.
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Section 29. That Appendix C, Downtown District and Development Standards,
Division 8, Flexibility, Community Development Code, 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.
1. Flexibility in meeting required building step backs along street frontages in Section C -
302.B may be approved where the alternative design provides visual and spesial•spatial
relief similar to a step back, a varied an 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 30. Amendments to the Community Development Code of the City of
Cle°arwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 31. 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 32. 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 33. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 34. This ordinance shall take effect immediately upon adoption.
45 Ordinance No. 9758-24
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
DocuSigned by:
Aitza ut/ Aqurk
SOCEJOD50so04A9...
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
May 16, 2024
June 6, 2024
rtDocuSigned by:
S?U , MOr
068F08'322071FD...
Bruce Rector
Mayor
Attest:
Ad, j , , 020
r' Rosemar a CaII, MP , MM
City Clerk
46 Ordinance No. 9758-24