9805-25 Docusign Envelope ID:03454C37-4089-40EA-B89D-D33C84549216
ORDINANCE NO. 9805-25
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3. DEVELOPMENT STANDARDS, DIVISION 12.
LANDSCAPING/TREE PROTECTION, DIVISION 14. PARKING AND
LOADING, AND DIVISION 15. PROPERTY MAINTENANCE
STANDARDS; BY AMENDING ARTICLE 8. DEFINITIONS AND RULES
OF CONSTRUCTION, SECTION 8-102. DEFINITIONS; BY AMENDING
APPENDIX A, SCHEDULE OF FEES, RATES, AND CHARGES,
SECTION V. BUILDING AND BUILDING REGULATIONS; BY AMENDING
APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT
STANDARDS, DIVISION 5. SITE DESIGN STANDARDS; 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
(the "Code") on January 21, 1999 which was effective 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 finds that, due to concerns about water consumption by natural turf,
and due to the availability of improved artificial turf products which simulate the appearance of
natural turf while providing for water permeability, the use of artificial turf has become more
common throughout the State of Florida and property owners now wish to install artificial turf; and
WHEREAS, the City recognizes that while artificial turf is not an equal substitute for natural
turf and groundcover, it may provide benefits in certain applications; and
WHEREAS, the City desires to amend the Community Development Code to allow the
use of artificial turf in certain applications, under limited conditions, and provide minimum
standards for location, design standards, permitting, installation, inspection, and maintenance;
and
WHEREAS, the installation of artificial turf on any property not designated for parks or
athletic fields is currently prohibited by the Community Development Code; and
WHEREAS, any property that is not designated as a park or athletic field and has already
installed artificial turf has done so in violation of the Code; and
WHEREAS, artificial turf has been installed on various properties throughout the city
inconsistent with the Code's requirement of live landscaping; and
WHEREAS it is difficult to document the extent of such installations as many may be in
rear yards; and
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WHEREAS the City desires to provide very clear regulations for artificial turf; and
WHEREAS, properties are obligated to comply with Impervious Surface Ratio (ISR)
requirements established in Clearwater 2045, the city's Comprehensive Plan; and
WHEREAS, trees are a valuable asset and increase the economic and aesthetic value of
residential and commercial properties; and
WHEREAS, proper tree protection is necessary to ensure the longevity and overall health
of trees; and
WHEREAS, there is a desire to accommodate the use of artificial turf, it should also be
balanced with live plant materials to maintain community standards and address environmental
concerns; and
WHEREAS, the City desires to create a residential landscaped area requirement to ensure
living plant materials are incorporated into landscaped areas on residential properties; and
WHEREAS, the City desires to amend the Community Development Code to provide
clarification regarding the use of organic mulch; 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 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. Article 3, Development Standards, Division 12. Landscaping/Tree
Protection, of the Community Development code is hereby amended as follows:
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DIVISION 12. LANDSCAPING/TREE PROTECTION/ARTIFICIAL TURF
Section 3-1201. Purpose.
It is the purpose of this division to establish minimum landscaping/tree protection standards in
order to promote the preservation of existing tree canopies, te pFemete the expansion of that
canopy and te-pFemete the enhancement of the quality of existing and future development in the
city. This division also establishes parameters for the use of artificial turf.
Section 3-1202. - General landscaping standards.
A. Applicability.
1. In general. All new landscaped areas shall be constructed in accordance with the
standards in this division.
2. New uses. Any landscaped area serving a new use or a change of use shall satisfy the
standards of this division.
3. Existing developed lots. Existing lots not meeting the requirements contained in this
division shall be brought into full 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 except those uses identified in d. below is improved or remodeled in
a value of 25 percent or more of the total assessed valuation of the principal structure
as reflected on the property appraiser's current records at the time of application or as
established by a qualified independent appraiser using a recognized appraisal
method.
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.
d. If a single-family detached dwellinq and two-family attached dwellinq property not
meeting the requirements contained in Section 3-1205.D.2 proposes an addition to the
principal structure or new accessory structure exceeding 200 square feet, that lot shall
be brought into full compliance with the tree requirements as established in that
section.
4. Residential Landscaped Area Requirement. Any residential property that meets one of the
below scenarios shall set aside a minimum of 25% of the gross land area of the front yard
for landscaped areas, which shall contain living plant materials.
1. New construction of detached or attached dwellings on property within a residential
zoning district.
2. Improvements within the front yard of a property within a residential zoning district that
is developed with detached or attached dwellings.
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3. Any property proposing a new installation or repair/replacement of artificial turf in the
front yard.
B. Plant material specifications. Except as provided in subsection (6) below, plant materials which
are utilized to satisfy the landscaping required by this development code shall comply with the
following minimum standards:
1. Minimum plant material standards:
PLANT SIZE (at installation) OTHER REQUIREMENTS
Shade 10' height 2.5" caliper All materials shall be Florida Grade#1 and be planted
Tree a minimum of five feet from any impervious area.
Accent 8' height 2" caliper 2 accent trees = 1 shade tree; unless overhead lines
Tree are unavoidable; no more than 25% of required trees
may be accent trees. All materials shall be Florida
Grade #1.
Palm 10' clear trunk Can be used to satisfy 75% of tree requirements on
Tree Beach, Sand Key& Island Estates, 25% elsewhere in
the City. Staggered clusters of 3 palm trees = 1 shade
tree, except for specimen palm trees such as:
phoenix canariensis (canary island date palm),
phoenix dactylifera (edible date palm) and phoenix
reclinata (senegal date palm), which count as shade
trees on a 1:1 ratio. All materials shall be Florida
Grade #1.
Shrubs A.) 18-24" in height when used in a
perimeter buffer - planted every 36",
(measured from the center of the shrub)
providing a 100% continuous hedge
which will be 36", high and 80% opaque
12 months from the time a certificate of
occupancy is received (excluding drives
and visibility triangles where applicable)
B.) 14-24" in height when used for
interior - planted every 30"-36",
respectively (measured from the center
of the shrub) with a 3 gallon minimum
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PLANT J SIZE (at installation) OTHER REQUIREMENTS
Ground 1 gallon minimum - planted a maximum Encouraged in lieu of natural turf to reduce irrigation
Cover of 24" O.C. needs.
Natural N/A Natural Tturf areas should be consolidated and
Turf limited to areas of pedestrian traffic, recreation and
erosion control, and shall be a drought tolerant
species.
* * * * * * * * * *
2. Exceptions.
a. Single-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.
h-. Parks; and- athietor. foelds. A.40for--mal turf nqay be use-d- on lie6i of plaRt materials paf-ks
a Ad- athlo4in fiolrlc
3. Organic mulch may be used as an integral, but minor, element of a landscaping plan as
determined by the Community Development Coordinator.
* * * * * * * * * *
C. Irrigation.
* * * * * * * * * *
9. Natural Tturf gFaGs areas shall be irrigated on separate irrigation zones from tree, shrub
and groundcover beds.
10. Retained trees, shrubs and native plant communities shall not be required to be irrigated,
unless directed to do so by the sCommunity 4dDevelopment sCoordinator.
D. Perimeter buffers. Except in the dDowntown or Jourist dDistricts, excluding the Old
Florida District where landscaping requirements are defined in Beach By Design: A Preliminary
Design for Clearwater Beach and Design Guidelines, or in designated scenic corridors with
approved special plans, landscaping shall be installed in a perimeter buffer in accordance with
the standards in this division and the following table:
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Docusign Envelope ID:03454C37-4089-40EA-B89D-D33C84549216
1. Perimeter landscaping requirements:
* * * * * * * * * *
ADJACENT USE
Detached Attached Non- Arterial or Local
Dwellings Dwellings or Residential Collector Rights-
Residential Rights-of- of-Way
Equivalent Way
PROPOSED Non- Min. 10'
Min. 10 Min. 10 Min. 5' Min. 15
USE Residential wide buffer wide buffer wide buffer wide buffer wide
buffer
1 Tree/ 35'
100% Shrubs
(6' high within 100% Shrubs
3 years)
Attached Min. 10' wide Min. 10' Min. 10' Min. 15' Min. 10'
Dwellings buffer wide buffer wide buffer wide buffer wide
or buffer
Residential
Equivalent 1 Tree/ 35'
100% Shrubs
(6' high within 100% Shrubs
3 years)
7. The use of artificial turf in required perimeter buffers is prohibited.
E. Interior landscaping.
* * * * * * * * * *
2. Parking lots. If the paved vehicular use area is greater than 4,000 square feet, then
landscaping for the interior of parking lots shall be provided in accordance with the
following:
a. Required interior islands.
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1. 10 percent of gross vehicular use area or 12 percent of gross vehicular area if
parking spaces are greater than or equal to 110 percent of required parking shall
be provided in an island.
2. Interior islands shall be incorporated into parking lot designs so that no more than
20 parking spaces are provided in a row.
3. Interior islands incorporating bioswales shall not be required to provide curbing;
however:
7. If curbing is provided, then breaks shall be incorporated that would allow
water to enter the bioswales within the interior islands.
8. If curbing is not provided, then a two-foot-wide lY� rock buffer shall be
constructed between the edge of the pavement and the bioswale.
4. Depth of interior islands. All interior landscape islands shall have a minimum depth
that is consistent with the depth of the adjacent off-street parking space.
5. Width of interior islands. All interior landscape islands shall have a minimum width
of 17 feet as measured from back of curb to back of curb.
6. Required trees/plants.
i. A minimum of one shade tree, or accent/palm equivalent, shall be provided in
each interior landscape island.
ii. One shade tree, or accent/palm equivalent, shall be provided per 300 square
feet of required greenspace.
iii. Shrubs shall be provided in an amount to equal or exceed 50 percent of the
required greenspace.
iv. Groundcover shall be utilized for required greenspace in-lieu of natural turf.
v. The use of artificial turf in interior landscaped islands is prohibited.
7. Plantings associated with community gardens cannot be counted toward meeting
the interior island requirements.
b. Central landscape island.
* * * * * * * * * *
3. Required trees/plants.
i. One shade tree, or accent/palm equivalent, shall be provided per 300 square
feet of island area.
ii. Shrubs shall be provided in an amount to equal or exceed 50 percent of the
required greenspace.
iii. Groundcover shall be utilized for required greenspace in-lieu of natural turf.
iv. The use of artificial turf in central landscaped islands is prohibited.
* * * * * * * * * *
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Docusign Envelope ID:03454C37-4089-40EA-B89D-D33C84549216
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Section 3-1203. —Artificial Turf.
A. General standards.
1. The use of artificial turf is permitted on all properties upon approval of a buildinq permit
and must meet and maintain compliance with the provisions of this Section.
2. For properties in residential zoning districts, artificial turf shall not be counted towards the
minimum required landscaped areas.
3. The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf
or natural turf on the ground shall be prohibited.
4. Artificial turf may be used in lieu of plant materials required in Section 3-1202.8 for Parks
and Recreation Facilities and athletic fields.
B. Location standards.
1. Artificial turf may be installed on approved concrete patios, porches, and rooftop patios or
decks without a permit.
2. Artificial turf may not be installed in a right-of-way unless otherwise approved by the City
Engineer. If such artificial turf is approved to be installed, a city right-of-way permit must
be obtained prior to commencing work.
3. Artificial turf may not be installed in permanent drainage features such as drainage swales
or ponds unless otherwise approved by the City Engineer.
4. Artificial turf shall not be installed in perimeter buffers required by Section 3-1202.D or
vegetative buffers adjacent to the Preservation District or jurisdictional wetlands required
by Section 3-907.A.
5. Artificial turf shall not be installed as required trees/plants in interior or central landscape
islands consistent with Section 3-1202.E.
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6. Artificial turf is prohibited in any area that is used for the parking or driving of motor
vehicles.
C. Minimum design standards.
1. Artificial turf shall consist of green lifelike individual blades of grass that emulate natural
turf in look and color except where artificial turf is used in Parks and Recreation Facilities
and athletic fields.
2. Artificial turf shall have a pile height of:
a. A minimum of 1.5 inches for residential installations except for specialty artificial turf
installations such as K-9 grass or putting greens located in the side or rear yards,
which may be approved with a shorter pile height as determined to be deemed
practicable by the Community Development Coordinator.
b. A minimum of 0.5 inches for nonresidential installations.
3. Artificial turf shall have a minimum face weight of 50 ounces per square yard.
4. A minimum eight-year manufacturer's warranty that protects against color fading and a
decrease in pile height is required for all artificial turf.
5. Artificial turf shall be flame retardant and free of lead and PFAS.
D. Permitting.
1. Installation requires a building permit, and such supporting documentation as required the
Community Development Coordinator.
2. A building permit will not be required for installation of 100 square feet or less of artificial
turf installed in the side or rear yard of private property if the requirements of this Section
are met. One installation of 100 square feet or less is allowed on a property and will be
counted toward the property's total impervious surface ratio (ISR).
E. Installation.
1. All artificial turf shall, at a minimum, be installed according to the manufacturer's
specifications.
2. Artificial turf installations shall meet tree preservation and protection requirements
pursuant to Section 3-1206.
3. Installation around existing trees may be restricted to ensure tree roots are not damaged
with the installation of the base material or artificial turf and that the overall health of the
tree will not be compromised.
4. Drainage shall be designed so that stormwater is discharged in a manner that does not
adversely affect adjacent lots, rights-of-way(ROW), and/or other downstream or upstream
properties and shall follow historic flow paths in the watershed.
5. An appropriate barrier device (e.g. concrete mow strip, bender board, brick pavers),
installed consistent with manufacturer's specifications, is required to separate artificial turf
from live plant materials.
6. Artificial turf seams shall be installed using a combination of seaming tape and glue with
the grain of each piece of artificial turf running in the same direction.
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7. All edges shall be secured with staples or nails, trimmed to fit against all regular and
irregular edges to resemble a natural look and tucked in and anchored consistent with the
manufacturer's specifications.
8. If installed immediately adjacent to a seawall, artificial turf shall be pinned or staked behind
the seawall. No artificial turf or installation mechanism shall be attached directly to or
placed on a seawall or seawall cap.
9. After installation, artificial turf shall be visually smooth with the grain pointing in a single
direction.
10. If infill is recommended by the manufacturer, it shall consist of clean silica sand or sand-
based product with no plastic pellets or crumb rubber with the exception of Parks &
Recreation Facilities and athletic fields which may use crumb rubber.
11. Artificial turf installed by residential property owners shall be treated as impervious and
count towards the property's impervious surface ratio (ISR).
12. Artificial turf installed by a licensed general contractor or professional with experience in
installation of artificial turf will be treated as pervious if the following installation standards
are met:
a. Artificial turf backing must be dual flow or hole punched to allow for drainage.
b. For nonresidential installations, a leveling layer shall be provided consisting of one
inch of decomposed limestone or granite.
c. A subbase laver shall be provided consisting of four inches or more of clean stone,
which consists of washed granite or limestone that meets FDOT#4, #57, or#89 stone
specifications.
d. To ensure adequate retention volume in the subbase laver, a minimum size of% to 1
inch stone is required.
e. The underlying soils must remain uncompacted.
F. Inspection.
The Community Development Coordinator shall inspect the property to verify that the artificial
turf was installed in accordance with all provisions of the Development Code.
G. Maintenance.
1. Artificial turf shall be maintained by the property owner in a green fadeless condition and
free of dirt, mud, sand, stains, odors, weeds, debris, tears, holes, seam separations,
excessive wear, and impressions.
2. Maintenance shall include but is not limited to regular rinsing with water to wash away
pollen and seeds, brushing to keep the blades upright and protect against damage, debris
removal, repair of depressions and ruts to maintain a visually smooth surface, elimination
of odors or weeds, and ensuring edges are tucked and staked.
3. Artificial turf must be maintained in a manner so that stormwater drainage does not
adversely affect adjacent lots, ROWs, and/or other downstream or upstream properties
and allows historical flow paths in the watershed to continue and function.
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4. Artificial turf must be replaced if it falls into disrepair with fading/discoloration, excessive
wear, holes, seam separations, heat degradation, or surfaces that are no longer level due
to depressions, ruts, air pockets, or loose areas.
a. Repair of artificial turf areas shall be performed with like for like materials from the
same manufacturer and done in a manner that results in a repair that blends in with
the existing artificial turf.
b. In the event a like material cannot be obtained, then the most similar material which
still meets installation standards may be used; however, evidence that supports the
unavailability of a like material from the same manufacturer must be provided.
c. Repair or replacement of artificial turf requires a building permit as described in this
Section.
d. Repair or replacement of artificial turf that is not in compliance with the regulations of
this Section must bring the property into conformance to the greatest extent practicable
as determined by Community Development Coordinator.
H. Existing Artificial Turf.
1. Artificial turf installed before March 20, 2025 (the"Enactment Date") is permitted to remain
on a property if the below conditions are met:
a. Evidence is provided to the Community Development Coordinator demonstrating the
artificial turf was installed before the Enactment Date. Such evidence may be provided
in the form of a dated invoice identifying the purchase of the artificial turf before the
Enactment Date or other compelling evidence deemed acceptable by the Community
Development Coordinator.
b. If artificial turf was installed in a right-of-way before the Enactment Date, an after the
fact right-of-way permit must be applied for. The City Engineer will determine if the
artificial turf may remain and issue the right-of-way permit or deny the permit and
require the artificial turf to be removed from the right-of-way.
c. All existing artificial turf must comply with maintenance standards in Section 3-1203.G.
2. Artificial turf permitted to remain on a property will count toward the calculation of
stormwater fees and the property's ISR for purposes of future development and permitting
and could impact future improvements to the property.
3. Notwithstanding this section, properties meeting one of the conditions provided under
Section 3-1202.A.3 shall be brought into conformance with this Code.
Section 3-1204. - Installation and maintenance.
A. All required landscaping shall be installed in accordance with an approved landscape plan,
including all specified conditions to a particular development approval, and inspected prior to
the issuance of a certificate of occupancy or certificate of completion. In the event there are
any changes to the approved landscape plan, such changes must be reviewed and approved
and noted on the plan prior to notification for the final inspection for a certificate of occupancy
or certificate of completion.
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B. All landscaped areas must be covered with shrubs, ground cover, natural turf, three inches of
organic mulch, artificial turf (where permissible), or other suitable material which permits
percolation.
1. Where mulch is used, it must be protected from washing out of the planting bed.
2. ,I,RGrgaRii„art61ic",66Ich-a ravel OF FG)ak, ShE) iw G)Rl , be 616P-d- I.VhR-.F1�,��.,�
Landscape rock with a minimum size or % inch to 1 inch in diameter shall be used to
redirect stormwater from gutter systems to prevent erosion.
3. Plastic sheets shall not be installed under mulches.
4. Artificial turf shall be installed according to the standards in Section 3-1203.
* * * * * * * * * *
Section 3-1206. - Scenic corridors.
A. Purpose. The purpose of designating primary and secondary scenic corridors is to establish
areas in the city which have particular significance, in terms of tourism, economic
development or community character, and which therefore should have enhanced and
differentiated landscaping requirements. It is anticipated that specific corridor plans will be
approved by the city commission for each corridor and that when such plans are adopted,
they shall constitute the requirements for landscaping along these corridors.
B. Primary corridors.
1. Bayshore Boulevard
2. Belcher Road
3. Causeway Boulevard
4. Chestnut Street
5. Cleveland Street
6. Coronado Drive
7. Court Street
8. Courtney Campbell Causeway
9. Druid Road
10. East Shore Drive
11. Fort Harrison Avenue
12. Gulf Boulevard
13. Gulf to Bay Boulevard
14. Gulfview Boulevard
15. Hamden Drive
16. Mandalay Avenue
17. Marine Street
18. McMullen-Booth Road
19. Memorial Causeway
20. Missouri Avenue
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21. Pierce Boulevard
22. Poinsettia Avenue
23. State Road 580
24. U.S. 19
C. Secondary corridors.
1. Bayshore Drive
2. Belleair Road
3. Countryside Boulevard
4. Curlew Road
5. Drew Street
6. East Avenue
7. Edgewater Drive
8. Enterprise Road
9. Hampton Road
10. Hercules Avenue
11. Highland Avenue
12. Keene Road
13. Lakeview Road
14. Landmark Drive
15. Myrtle Avenue
16. Northeast Coachman Road
17. Nursery Road
18. Old Coachman Road
19. State Road 590
20. Sunset Point Road
Section 2. Article 3, Development Standards, Division 14. Parking and Loading, of the
Community Development code is hereby amended as follows:
Section 3-1401. - Parking.
* * * * * * * * * *
B. Applicability.
1. In general. All off-street parking areas and loading spaces shall be constructed in
accordance with the standards in this division.
2. Parking lots serving a new use. Any parking area which is to serve a new use of land, shall
satisfy the standards in this Division and the landscaping standards in Article 3, Division
12.
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
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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
total assessed valuation of the existing principal structure as reflected on the property
appraiser's current records at the time of application or as established by a qualified
independent appraiser using a recognized appraisal method.
b. If an amendment, other than a minor amendment, is required to an existing approved
site plan.
* * * * * * * * * *
Section 3-1403. - Parking lot surfaces
A. Permanent surface. Except as otherwise permitted in subsection (B) of this section, all
unenclosed parking lots, spaces, vehicular accessways and driveways shall be improved with
a permanent all-weather paving material which is graded to drain stormwater.
B. Grass surface.
1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass or
other unpaved area unless specifically authorized in this section.
2. Eighty-five percent of parking required for places of worship, outdoor recreational facilities
and other uses as determined by the community development coordinator may have a
durable grass or other permeable surface.
3. Community gardens may provide parking spaces on the grass, provided that the grass
parking areas are clearly identified, dedicated and maintained in a clean and un-
deteriorated manner.
4. All surface parking spaces provided in excess of the minimum required pursuant to Article
2 may be surfaced with reinforced grass or other permeable surface as approved by the
City Engineer. However, all vehicular accessways and driveways for these excess parking
spaces shall be improved in a manner consistent with Section 3-1403.A.
5. The city manager or the community development coordinator may permit parking on the
grass or other permeable surface for public purpose needs, including reducing stormwater
impacts.
6. Any grass parking areas must be a minimum of ten feet from any tree.
7. The use of artificial turf for a parking surface shall be prohibited.
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:
* * * * * * * * * *
15 Ordinance 9805-25
Docusign Envelope ID:03454C37-4089-40EA-B89D-D33C84549216
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 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 artificial turf, crushed shell, mulch, millings, or similar material.
* * * * * * * * * *
Section 3. Article 3, Development Standards, Division 15. Property Maintenance
Standards, of the Community Development code is hereby amended as follows:
Section 3-1502. - Property maintenance requirements.
* * * * * * * * * *
H. Yards,an4 landscape areas, and artificial turf areas.
1. All required landscaping materials shall be maintained in accordance with the provisions
of Article 3, Division 12.
2. Any portion of a lot not covered by a building or structure or otherwise devoted to parking,
a service drive or a walkway shall be landscaped with grass or other appropriate ground
cover and shall be maintained in a neat and orderly manner.
3. A4-Llandscape materials, including natural turf, shrubs, and trees, excluding artificial turf,
whether required or optional, shall be maintained in a healthy live condition so as to
present a neat and attractive appearance and so as to discourage the accumulation of
trash or debris and/or infestation by pests.
4. Artificial turf shall be maintained according to Section 3-1203.G.
54. No yard, landscape area-G�1 growth of landscape material, or artificial turf area (unless
previously approved by the City Engineer) shall encroach upon the public right-of-way so
as to hinder safe and convenient vehicular or pedestrian movement in the public right-of-
way.
65. No yard shall be used for dumping or accumulation of any garbage, rubbish, dead animals,
trash, waste vegetable or animal matter of any kind or construction debris.
* * * * * * * * * *
K. Public rights-of-way and sidewalks and parking surfaces.
* * * * * * * * * *
1. Public rights-of-way and sidewalks adjoining an improved parcel of land which, because
of its location and character, is used as if it were appurtenant to or an extension of the
parcel of land, shall be maintained in a safe and clean condition by the owner of the parcel
of land. The owner shall, at a minimum, keep such rights-of-way and sidewalks clear of
16 Ordinance 9805-25
Docusign Envelope ID:03454C37-4089-40EA-B89D-D33C84549216
litter, trash, debris, equipment, weeds, trees, shrubs and other vegetation and refuse and
provide a height clearance of at least eight feet from the sidewalk pavement measured
vertically from the pavement surface, unless an exception has been granted by the urban
forester for protected trees. All unpaved areas shall be landscaped with grass or other
ground cover unless alternative materials are approved by the city and such areas shall
be regularly mowed or otherwise maintained in a neat and attractive condition.
* * * * * * * * * *
Section 4. Article 8, Definitions and Rules of Construction, Section 8-102. Definitions,
of the Community Development code is hereby amended as follows:
Section 8-102. — Definitions.
* * * * * * * * * *
Face weight means a measurement of the weight of the turf fibers and stitching per square yard
of artificial.
* * * * * * * * * *
Front yard means the area between the principal structure and the front property line.
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17 Ordinance 9805-25
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Property L-.Rev.and Non-Addressed Front(Right-f-My) Property Li—N.,Add--d F—t=Side(Right-pf-W y)
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* * * * * * * * * *
Landscaped area is part of a property used for growing live plants such as groundcover, vines,
shrubs, and trees.
Landscape material means living material used in a landscape area including but not limited to
trees, shrubs, vines, natural turf, and groundcover.
Landscape rock means rocks that are primarily used to enhance the appearance of gardens and
front and backyard landscaped areas.
d----ra files matPair cr rnh a6 E)rn a G mr JAhoc
* * * * * * * * * *
Mulch, inorganic means a type of mulch that does not decompose or return nutrients to the soil
and includes materials like gravel, plastic sheeting or landscape fabric, and rubber mulch.
Mulch, organic means a natural layer of plant residue, such as &tFawpine needles or shredded
bark, covering the land surface, which conserves moisture, holds soil in place, aids in establishing
plant cover, and minimizes temperature fluctuations.
* * * * * * * * * *
Pile height means the length of the blades of artificial turf measured from the base to the tip of
the blade.
* * * * * * * * * *
Shell means commons shells used for hardscaping such as oyster, clam, and scallop.
18 Ordinance 9805-25
Docusign Envelope ID:03454C37-4089-40EA-B89D-D33C84549216
* * * * * * * * * *
Tun`, artificial means an artificial product manufactured from synthetic materials that effectively
simulates the appearance of live/natural healthy turf, grass, sod, or lawn.
Tun`, natural means grass-covered soil held together by the roots of the live grass.
* * * * * * * * * *
Section 5. Appendix A, Schedule of Fees, Rates, and Charges, Section V. Buildings
and Building Regulations, of the Community Development Code, is hereby amended as follows:
Permit fees and charges:
(1) Permits and fees and charges, in general; exceptions:
* * * * * * * * * *
(g) Tree removal and artificial turf permits are included in this fee schedule: however, are not
governed nor subject to the requirements of the Florida Building Code.
(2)Fee schedule. In the case of reviews, inspections and similar activities associated with building
and related codes requiring a permit, the following schedule of fees shall apply:
* * * * * * * * * *
(k) Artificial turf permits: ..... 200.00
* * * * * * * * * *
Section 6. Appendix B, US 19 Zoning District and Development Standards, Division
5. Site Design Standards, of the Community Development Code is hereby amended as follows:
Section B-504. - Parking and service areas.
A. Surface Parking and Service Area
1. Surface parking and service areas shall be designed to meet parking design, landscape,
and screening requirements in Article 3, Divisions 12 and 14.
2. Interior islands of parking lots in new projects shall be designed to utilize Low Impact
Development techniques such as bioretention swales and native species. Where parking
curbs and gutters are provided, they shall have breaks to allow water to enter the
bioretention facilities within the parking landscape islands.
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 (excluding artificial turf). 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.
19 Ordinance 9805-25
Docusign Envelope ID:03454C37-4089-40EA-B89D-D33C84549216
4. Where required parking is located adjacent to excess surface parking spaces, the
Community Development Coordinator may permit the continuation of reinforced grass or
permeable surface (excluding artificial turf) parking for the adjacent parking spaces within
the same row.
* * * * * * * * * *
Section 7. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 8. The City of Clearwater does hereby certify that the amendments contained
herein, as well as the provisions of this Ordinance, are consistent with and in conformance with
the City's Comprehensive Plan.
Section 9. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 10. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 11. This ordinance shall take effect immediately upon adoption.
3/17/2025
PASSED ON FIRST READING
4/17/2025
PASSED ON SECOND AND FINAL
READING AND ADOPTED Signed by:
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Bruce Rector
Mayor
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Approved as to form: Attest:
Signed by: Doc uSigned by: �
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E3669898S4A ... BD5FE6FFE=1—
F.
Matthew J. Mytych, Esq. Rosemarie Call, M A, MMC
Senior Assistant City Attorney City Clerk
20 Ordinance 9805-25