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7835-07 ORDINANCE NO. 7835-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 301.1, MAXIMUM DEVELOPMENT POTENTIAL, TO ADD A FUTURE LAND USE DESIGNATION FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-802, 2-803, 2-902, AND 2-903 TO ADD MIXED USE AS A PERMITTED USE AND TO PROVIDE FLEXIBILITY FOR SAME; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-803, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD VETERINARY OFFICES AND OR ANIMAL GROOMING AS A PERMITTED USE, AND BOARDING AS AN ACCESSORY USE, PROVIDING MAXIMUM BUILDING HEIGHT AND MINIMUM OFF-STREET PARKING, AND ADDING FLEXIBLlTY CRITERIA; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD MARINAS AS A PERMITTED USE SEPARATE FROM MARINA FACILITIES, REDUCE THE PARKING REQUIFEMENT, AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1204, TO MAKE PLURAL THE PERMITTED USE "MARINA" AS MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO ADD INDOOR RECREATION/ENTERTAINMENT, AND PUBLICATIONS AND PRINTING AS PERMITTED USES AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, TO ADD PUBLICATIONS AND PRINTING AS A PERMITTED USE AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1502, TO REDUCE THE PARKING REQUIREMENT FOR MARINAS AND TO CORRECT THE TABLE NUMBER; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-804 TO ENABLE ADDITIONAL WALL HEIGHT ALLOWANCES AND TO DESIGNATE, BY ADDING AND REMOVING DISTRICTS, WHERE SUCH ALLOWANCES WILL OCCUR; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-805 TO ENABLE VACANT LOTS AND LOTS WITHOUT A PRIMARY USE TO BE FENCED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903 TO ALLOW FOR CERTAIN ENCROACHMENTS INTO SETBACKS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202 GENERAL LANDSCAPING Ordinance No. 7835-07 STANDARDS TO CLARIFY PLANT MATERIAL STANDARDS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1205 TO CHANGE A TITLE WITHIN THIS SECTION AND TO REVISE THE CONDITIONS AND SPECIFICATIONS FOR THE REPLACEMENT OF TREES AND PALMS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS, TO EDIT TEXT FOR CLARIFICATION OF WHERE VEHICLES CANNOT BE PARKED OR STORED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 TO ADDRESS EXCEPTIONS TO SIGNS PROHIBITED ON PUBLICLY OWNED LAND OR EASEMENTS OR INSIDE STREET RIGHTS OF WAY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 TO ADD A NEW SUBSECTION TO ADDRESS CERTAIN SIGNS PERMITTED WITHOUT A PERMIT ON CITY PARK PROPERTY; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, REVISING APPLICATION REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY ADDING TEXT TO NULL AND VOID AN APPROVAL UPON DETERM~NATION OF INACTION TO IMPLEMENT A BUILDING PERMIT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-407, BY REVISING TEXT REGARDING IMPLEMENTING APPROVED SITE PLANS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, BY REVISING TEXT TO LENGTHEN THE EXPIRATION OF DEVELOPMENT AGREEMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, BY REVISING TEXT TO CHANGE CERTAIN CITY STAFF ROLES WITHIN THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DESIGNATION PROCESS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTIONS 4-1001 AND 4-1008, BY ADDING A SPECIFIC APPLICATION PROCEDURE FOR THE COMPREHENSIVE SIGN PROGRAM; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1201, BY IMPROVING THE WORDING OF A REQUIREMENT TO OBTAIN A PERMIT TO REMOVE CERTAIN TREES; AND AMENDING ARTICLE 8, SECTION 8-102 TO ADD TO THE DEFINITION OF COMMUNITY DEVELOPMENT BOARD, AND TO ADD NEW DEFINITIONS: PUBLICATIONS AND PRINTING, SEASONAL SALES, AND PRINCIPAL STRUCTURE AND RIGHT-OF-WAY LOCATION; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES TO REVISE CERTAIN TEXT AND UPDATE CERTAIN FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and 2 Ordinance No. 7835-07 WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Chart 2-100, Permitted Uses, is amended as follows: 3 Ordinance No. 7835-07 Table 2-100 CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D 0 I IRT OSR P CRNCOD IENCOD Residential X X X X X X X X X X X X X X X X X X X ''''~~~ X X X X X X X IAccessorv dwellinas X X X X X X IAttached dwellinas X X X X X X X Communitv residential homes X X X X X X X X Detached dwellinas X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X I\lcoholic beverage sales X X X I\nimal grooming and or boarding X X X X I\ssisted living facilities X X X X I\utomobile service stations X X Cemeteries X Comprehensive infill redevelopment ~Q[oiect ICIRPl X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Lioht assembly X - - - - - X X - - - - - Limited vehicle service - - - - - X - - - - - - Manufacturing X Marinas X X X X X Marinas and marina facilities X X X X Medical clinic X X X X X Mixed use X X X X Niohtclubs, taverns and bars X X X X Non-residential off-street parkino X X X X 4 Ordinance No. 7835-07 Nursing homes X X X X Offices X X X X X X Off-street oarkina X X Ooen soace X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or storaqe X X Overniqht accommodations X X X X X X X X X Parkina aaraaes and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facilitv X X Publishinn and nrintinn X Public transoortation facilities X X X X X X X X Research and technology use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV Darks X Salvaae vards X Schools X X X X X X X Self-storaqe warehouse X X Sidewalk vendors X X Social and community centers X X X X Social/oublic service agencies X X X X X X Telecommunications towers X X X X X TV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/disolays X X Vehicle sales/disolavs limited X X Vehicle sales/disolavs, maior X Ivehicle service X Vehicle service limited X Vehicle service, maior X Veterinarv offices X X X X Wholesale/d istribution/warehouse facilitv X 5 Ordinance No. 7835-07 Section 2. Article 2, Zoning Districts, Section 2-301.1, Maximum development potential, is amended as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Use Designation Units per Acre Ratio/Impervious Surface of Land Ratio Residential Urban 7.5 dwelling units FAR AO/ISR .65 per acre Residential Low Medium 10 dwelling units per FAR .50/ISR .75 acre Residential Medium 15 dwelling units per FAR .50/lSR .75 acre Residential/Office General 15 dwelling units per FAR .50/lSR .75 acre Res id entia I/Office/Retai I 18 dwellinq units per FAR AO/ISR .85 acre Section 3. Article 2, Zoning Districts, Section 2-704, Flexible development, is amended as follows: *********** Table 2-704. "C" District Flexible Development Standards Min. Min. Min. Min. Lot Lot Max. Min. Side Rear Min. Off- Use Area Width Height Front (ft. ) (ft.) Street (sq. ft.) (ft.) (ft.) (ft.) Parking Alcoholic Beverage Sales 5,000-- 50-- 15-- 0-- 10-- 5 per 1,000 10,000 100 25 25 10 20 GFA Determined by the community Comprehensive development n/a n/a coordinator Infill Redevelopment n/a n/a n/a n/a based on the Project specific use and/or ITE Manual standards 6 Ordinance No. 7835-07 3--5/1000 SF Indoor 3,500-- 30-- 25--50 15-- 0-- 10-- GFA or 3-- Recreation/Entertain ment 10,000 100 25 10 20 5/lane, 1-- 2/court or 1/machine 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Light Assembly 10,000 100 25 25 10 20 per 1,000 GFA 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Limited Vehicle Service 10,000 100 25 25 10 20 per 1,000 GFA Marinas and Marina 5,000-- 1 space per 2 Facilities 20,000 50 25 25 10 20 slips 4--5 spaces 5,000-- per 1,000 50-- 25--50 15-- 0-- 10-- GFA and 2 Mixed Use 10,000 100 25 10 20 spaces per residential unit 5,000-- 50-- 15-- 0-- 10-- 1 0 per 1,000 Nightclubs 10,000 100 25 25 10 20 GFA 3,500-- 30-- 25--50 15-- 0-- 10-- 3--4 spaces Offices 10,000 100 25 10 20 per 1,000 GFA Off-Street Parking 10,000 100 n/a 15-- 0-- 10-- n/a 25 10 20 1--10 per 1,000 sa FT of land area or as Outdoor determined Recreation/E ntertai nment 20,000 100 25 15-- 10 10-- by the 25 20 community development coordinator based on ITE Manual standards Overnight 20,000- 1 00-- 25--50 15-- 0-- 10-- Accommodations 40,000 200 25 10 20 1 per unit Problematic Uses 5,000 50 25 15-- 10 10-- 5 spaces per 1,000 SF 7 Ordinance No. 7835-07 25 20 GFA 3,500-- 35-- 25--50 15- 0-- 10-- 7 --15 spaces Restaurants 10,000 100 25 10 20 per 1,000 GFA Retail Sales and Services 3,500-- 30-- 25--50 15-- 0-- 10-- 4--5 spaces 10,000 100 25 10 20 per 1,000 GFA RV Parks 40,000 200 25 15-- 20 10-- 1 space per 25 20 RV space 1 per 20 units Self Storage 20,000 100 25 15-- 10 10-- plus 2 for 25 20 manager's office 3--4 spaces Social/Public Service 5,000-- 50-- 25--50 15-- 0-- 10-- per 1,000 Agencies (1) 10,000 100 25 10 20 GFA Refer Telecommunication 10,000 to 100 section 25 10 20 n/a Towers 3- 2001 10,000- 2.5 spaces Vehicle Sales/Displays 40,000 1 00-- 25 15-- 10 10-- per 1,000 sa 200 25 20 FT of lot area Veterinary Offices or 5,000-- 50-- 15-- 0-- 10-- 4 spaces per Grooming and Boarding 10,000 100 25 25 10 20 1,000 GFA *********** Flexibility Criteria: *********** B. Marinas and mMarina facilities. *********** Section 4. Article 2, Zoning Districts, Section 2-802, Flexible standard development is amended as follows: *********** 8 Ordinance No. 7835-07 Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max. Min. Off- Use (1) fA,rea Lot Height Min. Setbacks Density Street ~idth (1 ) (ft.) (1) (sq. ft.) (ft.) (ft.) Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit units/acre Alcoholic Beverage Sales 5,000 50 35 10-- 10 20 n/a 5 per 1,000 15 GFA Attached Dwellings 10,000 100 35-- 10-- 10 10-- 30 2 per unit 50 15 20 units/acre Governmental Uses(2) 10,000 100 35-- 10-- 0-- 10-- n/a 3--4/1,000 50 15 10 20 GFA Indoor 35-- 0--15 0-- 1 0 per 1,000 Recreation/Entertai nment 5,000 50 100 10 20 n/a GFA Medical Clinic 10,000 100 30-- 10-- 10 20 20 2--3/1,000 50 15 GFA 50- 35-- 0-- 10-- 30 Based upon Mixed Use 10.000 100 50 0--15 1Q 20 units/acre use requirements Nightclubs 5,000 50 35 15 10 20 n/a 1 0 per 1 ,000 GFA Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a Street Parking 10,000 100 35-- 10-- 0-- 10-- 3--4 spaces Offices 50 15 10 20 n/a per 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor determined Recreation/Entertain ment 5,000 50 35 10-- 10 20 n/a by the 15 community development director based on ITE Manual standards 9 Ordinance No. 7835-07 100- 40 Overnight 20,000 - 35-- 10-- 0-- 10-- rooms/acre Accommodations 150 50 15 10 20 1 per unit Parking Garages and 20,000 100 50 15-- 10 10-- n/a n/a Lots 25 20 1 per 20,000 SF land area or as determined Parks and Recreation n/a by the Facilities n/a 50 25 10 20 n/a community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a Facilities(3) Side'Nalk Vendors RIa- Afa.- RIa- RIa- RIa- RIa- RIa- RIa- 5,000-- 50-- 25-- 10-- 0-- 10-- 7-15 spaces Restaurants 10,000 100 35 15 10 20 n/a per 1,000 GFA Retail Sales and 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Services 10,000 100 50 15 10 20 n/a per 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Center 10,000 100 50 15 10 20 n/a per 1,000 GFA Utility/I nfrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities(4) ************ Flexibility Criteria: ************ F. Mixed Use 1. Lot area and width: The reduction in lot area and/or width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development. 10 Ordinance No. 7835-07 2. Front setback: The reduction in front setback results in an improved site plan or improved desiqn and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not neqatively impede emerqency access. b. The reduction in side and/or rear setback results in an improved site plan. more efficient parkinq. or improved desiqn appearance and landscaped areas are in excess of the minimum required. 4. Off-street parkinq: a. Adequate parkinq is available on a shared basis as determined by all existinQ land uses within 1.000 feet of parcel proposed for development. or parkinq is available throuQh any existinQ or planned and committed parkinQ facilities or the shared parkinQ formula in Article 2. Division 14; ~ The physical characteristics of a proposed buildinQ are such that the likely uses of the property will require fewer parkinQ spaces per floor area than otherwise required or that the use of siQnificant portions of the buildinQ will be used for storaQe or other non-parkinQ demand-QeneratinQ purposes. 5. The increased heiQht results in an improved site plan. landscapinQ areas in excess of the minimum required or improved desiQn and appearance. G~. Nightclubs. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. HG. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located 11 Ordinance No. 7835-07 immediately across a public road from the non-residential use which will be served by the off- street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 1M. Offices. 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 3. The design of all buildings complies with the Tourist District design guidelines in Article 3 Division 5. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 12 Ordinance No. 7835-07 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. 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. 6. Height: The increased height results in an improved site plan or improved design and appearance. Jt Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 7. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; or 13 Ordinance No. 7835-07 b. 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 are used for storage or other non- parking demand-generating purposes. KJ. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot 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. .!:K Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 14 Ordinance No. 7835-07 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 7. Construction of a parking structure would not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in rear setback results in landscaping in excess of the minimum required. Mh. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 15 Ordinance No. 7835-07 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential proposes. 4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. NM. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. ON. Restaurants: 1. Lot area and width: The reduction in lot area 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. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such sign age is a part of an approved comprehensive sign program; 5. Setbacks: 16 Ordinance No. 7835-07 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. 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; b. Adequate off-street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off- street parking spaces. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. PG. Retail sales and services. 1. Lot area and width: The reduction in lot area 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. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: 17 Ordinance No. 7835-07 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. 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; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. QP. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. RQ. Social and community center. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 18 Ordinance No. 7835-07 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. SR Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Section 5. Article 2, Zoning Districts, Section 2-803, Flexible development is amended as follows: *********** Table 2-803. "T" Flexible Development Standards Min. Min. Max. Min. Min. Min. Lot Front Side Rear Min. Off- Use (1) Area Lot Height (ft.) (ft.) (ft.) Density Street Width (ft.) (sq. ft.) (ft.) (1 ) (1 ) (1 ) (1) Parking Alcoholic Beverage Sales 5,000 50 35-- 0-- 0-- 10-- n/a 5 per 1,000 100 15 10 20 GFA 5,000-- 50-- 35-- 0-- 0-- 10-- 30 Attached Dwellings 10,000 100 100 15 10 20 units/acre 2 per unit 2 spaces per attached dwelling unit and as determined 30 by the units/acre; community Comprehensive Infill n/a n/a n/a n/a n/a n/a 40 development Redevelopment Project rooms/acre coordinator for all other uses based on the specific use and/or ITE Manual standards 19 Ordinance No. 7835-07 Limited Vehicle Sales and 5,000 50 35-- 0-- 0-- 10-- 4--5 spaces Display 100 15 10 20 n/a per 1,000 GFA Marinas and Marina 5,000 50 10-- 0-- 10-- 1 space per Facilities 25 n/a 15 10 20 2 slips Mixed Use 5.000 - 50- 35-- 0-- 0-- 0-- 30 Based upon 10,000 100 100 1.2 1.Q 20 units/acre use requirements Nightclubs 5,000 50 35-- 0-- 0-- 10-- 10 per 1,000 100 15 10 20 n/a GFA 3--4 spaces per 1,000 GFA Offices 10,000 100 35-- 0-- 0-- 10-- 100 15 10 20 n/a 2.5 spaces per 1,000 sa FT of lot area or as Outdoor determined Recreation/Entertai nment 5,000 50 35 5-- 0-- 10-- n/a by the 15 10 20 community development coordinator based on ITE Manual standards 10,000- 40 Overnight - 1 00-- 35-- 0-- 0-- a-- Accommodations 20,000 150 100 15 10 20 rooms/acre 1 per unit 5,000-- 50-- 25-- 0-- 0-- 10-- 7--15 spaces Restaurants 10,000 100 100 15 10 20 n/a per 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0-- 0-- 10-- 4--5 spaces 10,000 100 100 15 10 20 n/a per 1,000 GFA *********** 20 Ordinance No. 7835-07 Flexibility Criteria: *********** E. Marinas and mMarina facilities. *********** L. Mixed use 1. Lot area and width: The reduction in lot area and lor width will not result in a buildinQ which is out of scale with existinQ buildinQs 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 desiQn and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any buildinq bv emerqenCV vehicles. b. The reduction in side and/or rear setback results in an improved site plan. more efficient parkinQ. or improved desiqn appearance and landscaped areas are in excess of the minimum required. 4. The increased heiQht results in an improved site plan. with landscapinQ areas in excess of the minimum required or improved desiQn and appearance. 5. Off-street parkinq: ~ The phvsical characteristics of a proposed buildinQ are such that the likelv uses of the property will reauire fewer parkinq spaces per floor area than otherwise reauired or that the use of siqnificant portions of the buildinQ are used for storaQe or other non- parkinQ demand-Qenerating purposes. ~ Adequate parkinQ is available on a shared basis as determined bv all existinQ land uses within one thousand (1,000) feet of the parcel proposed for development or parkinQ is available throuQh any existinQ or planned and committed parkinQ facilities or the shared parkinQ formula in Article 2. Division 14. Section 6. Article 2, Zoning Districts, Flexible standard development, Section 2- 902, is amended as follows: 21 Ordinance No. 7835-07 *********** Table 2-902. "0" Flexible Standard Development Standards Max. Min. Off-Street Use Height Parking (ft.) Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30--50 3--5 per 1,000 GFA Attached Dwellings 30--50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertai nment 30--50 3--5 per 1,000 GFA Facility Mixed Use 30--50 Based upon use requirements Nightclubs 30--50 3--10 per 1,000 GFA Offices 30--50 1--3 per 1,000 GFA Overnight Accommodations 30--50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation 1 per 20,000 SF or as determined by the Facilities 50 community development coordinator based on ITE Manual standards Places of Worship 30--50 .5--1 per 2 seats Public Transportation 10 n/a Facilities Restaurants 30--50 5--15 per 1,000 GFA Retail Sales and Service 30--50 2--4 per 1,000 GFA Sidewalk Vendors n/a n/a Social and Community 30--50 2--4 per 1,000 GFA Centers Utility/lnfrastructure Facilities n/a n/a Flexibility Criteria: *********** F. Mixed use 22 Ordinance No. 7835-07 1. Heiqht: The increased heiqht results in an improved site plan and/or improved desiqn and appearance; 2. Off-street parkinq: a. The physical characteristics of a proposed buildino are such that the likely uses of the property will require fewer parkino spaces per floor area than otherwise required or the physical context. includino adiacent buildinos and uses are such that there is a hioh probability that patrons will use modes of transportation other than the automobile to access the use; !L Adequate parkino is available on a shared basis as determined by all existino land uses within one thousand (1.000) feet of the parcel proposed for development or parkino is available throuoh any existino or planned and committed parkino facilities or the shared parkino formula in Article 2, Division H.:. 3. Desion: The desion of all buildinos complies with the Downtown District desion guidelines in Division 5 of Article 3. G~. Nightclubs. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. HG. Offices. 23 Ordinance No. 7835-07 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. 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. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1M. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Jt Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 24 Ordinance No. 7835-07 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. KJ. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. bK Places of worship. 1. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 3. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Mh. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 25 Ordinance No. 7835-07 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. NM. Restaurants. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. ON. Retail sales and service. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. PG. Sidewalk vendors. 26 Ordinance No. 7835-07 1. The location of the sidewalk vendor does not impair pedestrian movement; 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Q-P-. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. RQ. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Section 7. Article 2, Zoning Districts, Section 2-903, Flexible development, is amended as follows: *********** Table 2-903. "0" District Flexible Development Standards Use Max. Height Min. Off-Street (ft.) Parking Alcoholic Beverage Sales 30--1 00 3--5 per 1,000 GFA Attached Dwellings 30--1 00 1--1.5 per unit Determined by the community Comprehensive Infill n/a development coordinator based on the Redevelopment Project specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--1 00 3--5 per 1,000 GFA 27 Ordinance No. 7835-07 Indoor Recreation/Entertainment 30--1 00 3--5 per 1,000 GFA Facility Limited Vehicle Sales and 30 2--4 per 1,000 GFA Display Marinas and IMarina Facilities 30 1 space per .f slip~ Mixed Use 30--100 Based upon use requirements Nightclubs 30--1 00 3--10 per 1,000 GFA Offices 30--100 1--3 per 1,000 GFA Overnight Accommodations 50--1 00 .75--1 per unit Public Facilities 30--1 00 1--2 per 1,000 GFA Restaurants 30--100 5--15 per 1,000 GFA Retail Sales and Service 30--1 00 2--4 per 1,000 GFA Social/Public Service Agencies 30--1 00 3--4 per 1,000 GFA Refer to Telecommunication Towers Section 3- n/a 2001 Veterinary Offices, and or Animal 30 4 per 1,000 GFA Groomino and Boardino Flexibility Criteria: *********** H. Marina~ and marina facilities. I. Mixed use 1. Heiqht: The increased heiQht results in an improved site plan and/or improved desiQn and appearance; 2. Off-street parkinq: a. The physical characteristics of a proposed buildinQ are such that the likely uses of the property will require fewer parkinQ spaces per floor area than otherwise required or the physical context. includinQ adiacent buildinQs and uses are such that there is a hiQh probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parkinQ is available on a shared basis as determined by all existinQ land uses within one thousand (1,000) feet of the parcel proposed for development or parkinQ is available throuQh any existinQ or 28 Ordinance No. 7835-07 planned and committed parkino facilities or the shared parkino formula in Article 2, Division 14: 3. The desion of all buildinos complies with the Downtown District desion ouidelines in Division 5 of Article 3. Jt Nightclubs. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. KJ. Offices. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. !:.K Overnight accommodations. 1 . Height: 29 Ordinance No. 7835-07 a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; Mh. Public facilities. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. NM. Restaurants. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such that there is a high 30 Ordinance No. 7835-07 probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. ON. Retail sales and services. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such thatthere is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. PG. Social/public service agencies. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court. b. The increased height results in an improved site plan and/or improved design and appearance. 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active street environment; 3. Off-street parking: a. 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 the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any 31 Ordinance No. 7835-07 existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1,000 feet of another social/public service agency. QP-. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. R. Veterinary offices, and or animal aroomina and boardina. 1. The parcel proposed for development is not contiQuous to a parcel of land, which is desiQnated as residential in the ZoninQ Atlas; 2. BoardinQ of animals shall only be allowed if accessory to a veterinary office and/or QroominQ business; 3. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside; 4. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors; 5. Accessory boardinQ facilities shall contain waste control facilities and an air-handlinQ system for disinfection and odor control; and 6. DesiQn: The desiQn of all buildinQs complies with the Downtown District desiQn Quidelines in Division 5 of Article 3. *********** Section 8. Article 2, Zoning Districts, Development Standards, Section 2-1204, Flexible development, is amended as follows: *********** 32 Ordinance No. 7835-07 Table 2-1204. "I" District Flexible Development Min. Lot Min. Max. Use Area Lot Min. Setbacks (ft.) Height Min. Off-Street Width Parking (sq. ft.) (ft.) (ft.) Front Side Rear Determined by the community Comprehensive Infill development director based Redevelopment n/a n/a n/a n/a n/a n/a on the specific Project use and/or ITE Manual standards Marina~ and Marina 5,000 50 15-- 10-- 0-- 30 1 per 2 slips Facilities 25 15 20 Social and 20,000 100 15-- 15-- 4--5 per 1 000 Community Centers 25 10 20 50 GFA 10,000- Social/Public - 100 15-- 10 15-- 50 2--3 per 1,000 Service Agencies 20,000 25 20 GFA Refer to Telecommunication 10,000 100 25 10 20 Section n/a Towers 3-2001 *********** Section 9. Article 2, Zoning Districts, Development Standards, Section 2-1302, Minimum standard development, is amended as follows: *********** 33 Ordinance No. 7835-07 Table 2-1302. IIRT" District Minimum Standard Development Min. Lot Min. Max. Uses ~rea Lot Min. Setbacks Height Min. Off-Street Width (ft.) Parking (sq. ft.) (ft.) (ft.) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 5/1.000 SF GFA Recreation/Entertai n ment( 4) 20.000 200 20 15 50 or 5/lane, 2/court or 1/machine Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a use)(2) 1 per 20,000 SF land area or as determined by Parks and Recreation n/a 10/20 the community Facilities n/a 25 50 development coordinator based on the ITE Manual standards Publishino and Printino 20.000 200 20 15 50 3/1.000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(3) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA 1 per 20 units Self Storage 20,000 200 20 15 50 plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA 34 Ordinance No. 7835-07 Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ 20,000 200 20 15 50 1.5/1,000 SF Warehouse Facility GFA *********** (4) Indoor Recreation/Entertainment uses. when alone or added to existinq contiquous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan cateqorv. Section 10. Article 2, Zoning Districts, Section 2-1303, Flexible standard development, is amended as follows: *********** Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Max. Min. Off- Uses IArea Lot Min. Setbacks Height Street lWidth (ft.) (sq. ft.) (ft.) (ft.) Parking Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined Outdoor 40,000 200 by the Recreation/Entertai nment 20 15 30 community development coordinator based on ITE Manual standards 35 Ordinance No. 7835-07 Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Publishinq and Printinq 10,000- 100- 20 .1.9. 50 3/1 ,000 SF 20,000 200 GFA Public Transportation Facilities(1) n/a n/a n/a n/a 10 n/a Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a 5,000-- 50 - 7 --15 Restaurants(5) 10,000 100 20 15 30 spaces per 1,000 GFA 1 per 20--25 10,000 100 units plus 2 Self Storage 20 15 50 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(3) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 1.5/1,000 SF 20 15 30 Lot Sales Vehicle Sales/Displays(4) Area Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF Grooming GFA Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF Facility GFA *********** Flexibility criteria: 36 Ordinance No. 7835-07 *********** J. Publishinq and printinq. 1. Lot area and width: The reduction in lot area and lor width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development 2. The parcel proposed for development is not contiquous to a parcel of land. which is desiqnated as residential in the Zoninq Atlas; and 3. All activities associated with the use of the parcel proposed for development shall be conducted within completelv enclosed buildinqs. KJ. Research and technology. 1. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 2. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F) below .!:K Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. Mh. Retail sales and services. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. The retail sales and service use is located in a building used for a minimum standard use in the district and the retail sales and service use occupies no more than ten percent of the floor area of the building; 4. The retail sales and service use is of a design and character that will primarily serve the employees or patrons of minimum standard uses in the district. NM. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required 37 Ordinance No. 7835-07 or that the use of significant portions of the building will be used for storage or other non- parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. ON. Self storage. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. PG. TV/radio studio. 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes. 2. All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes. 3. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial roads. QP-. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. RQ. Vehicle sales and sefVice. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. SR. Vehicle sefVice. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use does not involve the overnight, outdoor storage of automobiles. 3. No more than two service bays front on a public street. 38 Ordinance No. 7835-07 IS. Veterinary offices and animal grooming. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; U+. Wholesale/distribution/warehouse facility. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All activities associated with the use of the proposed parcel for development shall be' conducted within completely enclosed buildings. 3. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F). Section 11. Article 2, Zoning Districts, Section 2-1502, Flexible standard development, is amended as follows: *********** Table 2-150~~. "P" District Flexible Standard Development Standards Min. Lot Min. Max. Min. Off- Lot Use Size Width Min. Setbacks (ft.) Height Street (sq. ft.) (ft.) (ft.) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1 loer 2 slip~ Outdoor 10,000 5/10,000 Recreation/Entertai nment 100 25 10 15 30 sq. ft. Land ************ Section 12. Article 3, Development Standards, Section 3-804, Setback and height requirements, is amended as follows: Section 3-804. Setback and height requirements. The following setback and height requirements shall apply to all fences, and walls, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 39 Ordinance No. 7835-07 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level One+we (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, 0, I, IRT, OSR, and P zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback. 3. Walls. no qreater than a maximum heiqht of six feet. shall be permitted for the perimeter of any residential subdivision located within any zoninq district. Such walls shall be architecturallv compatible with the buildinq desiqn within the subdivision. 4.~ Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of-way shall provide a three feet wide landscaped strip on the street side of the fence. !L Side :md rear setback areas. Fences and walls shall be permitted to a maximum height of six f-eet between the principal structure and any side or rear lot line. Such f-ences may be permitted up to eight feet in height, however, if located in the Industrial, Research, and Technology District (1IRT"). B. Side and rear setback areas. .L Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a. Fences and walls may be permitted up to eiqht feet in heiqht if located in the Industrial. Research, and Technoloqv District (UIRT"). b. Fences and walls may be permitted up to eiqht feet in heiqht in the Commercial District throuqh Level One. (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, displav and/or storaqe and residential zoninq districts. If any fence is part of a Level Two review, the decision to approve the fence will be made bv the Community Development Board. Section 13. Article 3, Development Standards, Section 3-805, Chain link fences, IS amended as follows: ********* F. Vacant lots. In all zoninq districts except for the Downtown District. chainlink fences, clad with qreen or black vinvl. and other non-opaque fences are permitted to secure any vacant lot or lot without a primary use and are subiect to all requirements of Section 3-805 above, with the exception to Section 3-805.B. Such fences shall be 40 Ordinance No. 7835-07 limited to a maximum heiqht of three feet in the front setback and six feet in the side and rear setback. Upon development of the vacant lot. any chain link fencinq shall be removed from the front setback. Section 14. Article 3, Development Standards, Section 3-903, Required setbacks, is amended as follows: Section 3-903. Required setbacks. A. Except for fences, walls, outdoor lightingJ.-aOO signs, minimum door landinq required by the Florida Buildinq Code, walkways leadinq to buildinq entrances. driveway access to qaraqes, and/or vehicular cross access (driveways), shared parkinq, and trash staqinq areas, no building or structure shall be permitted in a setback required by the applicable zoning district. Sidewalks shall be no qreater than 42 inches feet in width, nor qreater in width than that required by the Florida Buildinq Code. Section 15. Article 3, Development Standards, Section 3-1202, General landscaping standards, is amended as follows: *********** B.1. Minimum plant material standards: PLANT SIZE (at installation) QUALITY OTHER REQUIREMENTS a. Use of live oak (City tree) is encouraged, however species diversity is preferred over monoculture. Shade 10' height Florida b. Must be planted a minimum of Tree 2.5" caliper Grade #1 five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. 2 accent trees = 1 shade tree; Accent 8' height Florida unless overhead lines are Grade #1 unavoidable; no more than 25% Tree 2" caliper of required trees may be accent trees. Palm 10' clear and straight Florida Can be used to satisfy 75% of 41 Ordinance No. 7835-07 Tree trunk. Grade #1 tree requirements on 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. 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% Use of Hibiscus (City flower) is opaque 12 months from the time a certificate of Florida encouraged for non-required Shrubs occupancy is received Grade #1 landscape plantings, especially (excluding drives and for accent marking at entrances visibility triangles where and other points of high applicable) visibility. 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 Ground 1 gallon minimum - Florida Encouraged in lieu of turf to Cover planted a maximum of 24" Grade #1 reduce irrigation needs. a.c. Drought Turf areas should be consolidated and limited to areas Turf N/A tolerant of pedestrian traffic, recreation varieties and erosion control. Section 16. Article 3, Development Standards, Section 3-1205, Tree protection, IS amended as follows: 42 Ordinance No. 7835-07 *********** D. Tree and oalm requirements and reolacements. Tree and oalm reolacements RopklOomont of prot<Jot<Jd trees and palms. The replacement of protected trees and palms shall be in compliance with Section 3-1202(B)(1) and the following: *********** 1. Attached dwellinqs Multi family and oommorcf3.' properties non-residential orooerties. The total amount of DBH removed from a multi-family or commercial non-residential site shall be replaced on an inch-for-inch basis. 2. Single-family detached dwellinq and two-family attached dwellinq properties. The following shall govern the minimum number of trees that shall be required on a single-family or two-family lot. This does not exclude compliance with Section 3 1205(B), Criteria for issuance of a removal permit, which may result in the number of trees in excess of the minimum required. *********** 5. Conditions and specifications. *********** b. Size. Replacement trees shall be in compliance with the size and Qualitv standards set forth in Section 3-1202.B.1 . be minimum of four inches caliper providing for one inch DBH total replacement for each one inch oaliper removed. Any number of trees may be utilized to meet the inch for inch requirement, provided that acceptable spacing and design are maintained. Replacement palms shall have a clear and straight trunk of ten feet Section 17. Article 3, Development Standards, Section 3-1407, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, in a front setback and/or forward of the buildinQ line bew:een any portion of the principal structure and any right-of- way line in a residential zoning district up to a maximum of two frontages: *********** 43 Ordinance No. 7835-07 Section 18. Article 3, Development Standards, Section 3-1803.L, Prohibited signs, is amended as follows: L. Signs located on publicly-owned land or easements or inside street rights-of- way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3- 1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V) afl€I-J. (d) as allowed in Section 3- 1806(A), and (e) as allowed in Section 3-1805.Z. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. Section 19. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is amended as follows: *********** Z. One 10 square-foot freestandino sion not more than 5 feet in heioht or one 10 square foot attached sion per City park or City recreation facilitv for the purposes of identifvino a prooram provider or information concernino proorams at such park or recreation facilitv. The desion of any such sions shall be approved bv the Parks and Recreation Department. Section 20. Article 4, Development Review and Other Procedures, Section 4-202, Applications for development, is amended as follows: Section 4-202. Applications for development and approval. *********** A. Basic information required for all applications. All applications for development approval shall include the following information: *********** Section 4-202.A.9.i. i. Buildino or structure ~Ievation drawings for all Level One (flexible standard development) and Level Two approvals where the applicant is seeking approval of a residential infill project, unless waived or modified by the community development coordinator. *********** 44 Ordinance No. 7835-07 Section 4-202.A.11.x.,v., Z., and aa. *********** x. Buildinq €glevation drawings for all Level One (flexible standard development) and Level Two approvals where the applicant is seeking appro'v/al of a residential infill project or a comprehensive infill redevelopment project, unless waived or modified by the community development coordinator. v. Floor plan tvpicals of buildinqs for all Level One (flexible standard development) and Level Two reviews. A floor plan of each floor is required for any parkinq aaraqe requirinq a Level One (minimum standard and flexible standard) or Level Two approval. ?:.y. Type and location of all attached and freestanding signage for compliance with Article 3, Division 18, Signs. aa~. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. *********** Section 4-202.A.23 23. In the event the application involves development ').'here design standards are an issue, such as in the Tourist and Downto'lm Districts, or where the applicant is seeking approval of a residential infill project, comprehensive redevelopment project, comprehensive sign program or comprehensive landscaping plan, the applicant shall submit proposed elevation drawings. 2~4. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 2~~. An application for a fence permit shall include the following: a. The applicant's name, mailing address, and telephone and facsimile, if any, number. 45 Ordinance No. 7835-07 b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences and landscaping. ii. The proposed height and materials of the proposed fence. 2~e. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. S 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: *********** Section 21. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: Section 4-303. Effect of level One (flexible standard development) approval. A Level One (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this Development Code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The permit must be obtained within six months of the initial permit application. This timeframe may be extended for an additional six months for cause by the community development coordinator. Permitted time frames do not change with successive owners and an extension of time may be granted by the community development coordinator for a period not to exceed one year and only within the original period of validity. The community development coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The community development coordinator may also consider whether significant progress on the project is 46 Ordinance No. 7835-07 being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 22. Article 4, Development Review and Other Procedures, Section 4-407, Expiration of a Level Two approval, is amended as follows: Section 4-407. Expiration of a Level Two approval. Unless otherwise specified in the approval, an application for a building permit shall be made within one year of the date of the Level Two approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The permit must be obtained within six months of the initial permit application. This timeframe may be extended for an additional six months for cause bv the community development coordinator. Permitted time frames do not change with successive owners. An extension of time to initiate a building permit may be granted by the community development coordinator provided it is for a period not to exceed one year, is for the project originally approved and provided good cause is shown and documented in writing within the original period of validity. The community development coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. The community development board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved and shall be for good cause shown and documented in writing. The community development board must receive the request for this extension within the one-year period of validity after the original extension approved by the community development coordinator. Good causes may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. The community development board may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. Amendments which will require no or minor amendments (as provided by section 4-406.A) may be approved. Amendments which will require a major revision to the subject project shall be required to be approved as part of a new Level Two application. Transfer of development rights are exempt from this provision. Section 23. Article 4, Development Review and Other Procedures, Section 4-606, Development agreements, is amended as follows: *********** B. Application requirements. In addition to the basic information required by section 4-202(A) and the fee required by section 4-202(E) an application for approval of a development agreement shall be accompanied by: 47 Ordinance No. 7835-07 1. A statement of the requested duration of the development agreement, which shall not exceed twenty teA-years. *********** Section 24. Article 4, Development Review and Other Procedures, Section 4-608, Neighborhood conservation overlay district, is amended as follows: *********** D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the development services director community development coordinator and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator. In addition to the petition, a list of at least 11 persons who have agreed to serve on a study committee, and proof of the existence, for at least the past two years, of an active homeowner's association with authority over the area proposed for designation as a neighborhood conservation district. *********** Section 25. Article 4, Development Review and Other Procedures, Section 4-1001, Sign Permit Purpose, and Section 4-1008, Comprehensive Sign Program process is amended and established as follows: Section 4-1001. Purpose. It is the purpose of this division to establish procedures for the review and approval of signs.. and siqns as part of a Comprehensive Siqn Proqram. in accordance with the standards of Article 3, Division 18. Section 4-1008. Comprehensive Sian Proaram. In accordance with Article 3. Division 18. Section 3-1807 Comprehensive siqn proqram. the procedures for review and approval follow here. A. Information required for all applications. All applications for Comprehensive Siqn Proqram approval shall include the followinq information: .L Leqal description of the property where the siqn is proposed to be located; ~ Name. address and telephone and facsimile number. if any. of the owner of the property where the siqn is proposed to be located; 48 Ordinance No. 7835-07 ~ The name of the owner(s) representative or aqent and consultants. if any, with mailinq address. electronic mail address, telephone and facsimile. if any. number: and completed affidavit to authorize aqent form; 4. All street addressees) and parcel numbers of the parcel proposed for development; 5. Ownership: A COpy of a deed to the property proposed for development. a COpy of a title insurance policy or an affidavit attestinq to ownership; 6. A siqned and sealed survey of the property includinq the dimensions. acreaqe and location of the property prepared bv a reqistered land surveyor showinq all current structures/improvements; L. A site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches and includinq the followinq: S.:. North arrow, scale (with bar scale) and date prepared; .!L . Location map; c. Show all property lines; 9.:. Identification of watercourses. wetlands. tree masses and specimen trees. includinq description and location of under stOry. qround cover veqetation and wildlife habitats or other environmentallv unique areas; e. Land areas expressed in square feet and acres; f. All required five-foot setbacks as measured from the property line; 9.:. Location of all public and private easements and street riqhts-of-wav within and adiacent to the site; ~ Location of all existinq and proposed points of access; L The footprint and size of all existinq and proposed buildinqs and structures on the site; 1. Siqht visibility trianqles shown and labeled; k. Location of all existinq and proposed sidewalks; L Lot frontaqe on all street riqhts-of-wav; 49 Ordinance No. 7835-07 m. The location of all proposed landscape material includinQ size and species; .!1. Location of all attached and freestandinQ includinQ directional siQnaQe, proposed and existinQ, indicatinQ with labels if to be removed; and o. Location of the siQn in relation to property lines, public riQhts-of-wav, easements. buildinQs and other siQns on the property; ~ SiQn Plan, to include: a. Date prepared; ~ Bar scale; c. To scale drawinQs. in color, of all proposed siQnaQe (attached, freestandinQ, and directional siQns) which include the followinQ: i. dimensions, with dimensional arrows; II. siQn area in square feet iii. heiQht and width of siQn and siQn structure, measured in feet iv. labels of all colors; v. surface area of the siQn proposed; VI. text COpy includinQ the messaQe of the siQn; VII. chanQeable COpy. if proposed; and viii. . describe any illumination includinQ the type. placement. intensity. hours of illumination and system to automaticallv turn off IiQhtinQ when the business is closed, and siQn area to be illuminated. d. BuildinQ elevation color drawinQs, to scale, for all sides of any buildinQ with proposed and existinQ attached siQnaQe; e. Master siQn plan for shoppinQ centers and office parks, to include all siQns; t Site data table. to include how all proposed siQns (existinQ and new) meet code requirements, with a calculation worksheet and g. Number, type. location and surface area of all existinQ siQns on the same property and or buildinq on which the siqn is to be located; ~ Completed written responses to the Comprehensive Siqn Proqram criteria, set forth in Section 3-1807. 50 Ordinance No. 7835-07 . B. Required submittal information for amended approvals. All applications for Comprehensive Siqn Proqram amended approval shall include the following information: 1. Section 4-1008 A.. Items 1 - 5 and 9; 2. Applicable attachments dependinq on the proposed amendment includinq any site plan replacement sheets necessary to indicate all amendment details; ~ Applicable attachments dependinq on the proposed amendment includinq any siqn plan replacement sheets necessary to indicate all amendment details. 4. Written narrative explaininq the amendment. ~ Amendment fees. as applicable. C. Determination of Completeness. 1. Determination of completeness. Within seven workinq days after receipt of an application for Comprehensive Siqn Proqram approval. the community development coordinator shall determine whether the application is complete. ~ Application complete. If the community development coordinator determines that the application is complete. he shall notify the applicant in writinq that the application has been accepted for filinq. ~ Application not complete. If the community development coordinator determines that the application is not complete. he shall notify the applicant. specifvinq the deficiencies of the application. No further review shall occur until the application is deemed complete. The applicant shall have seven business days from the date of the incomplete letter to address all deficiencies or the application shall be deemed withdrawn. If deficiencies are addressed. the community development coordinator shall notify the applicant in writinq that the application has been accepted for filinq. D. Application and desiqn review. Upon determination that a Comprehensive Siqn Proqram application is complete. the community development coordinator shall review the application and determine whether the application demonstrates compliance with the requirements of the comprehensive siqn proqram set forth in Section 3-1807. Within ten workinq days of completeness. the community development coordinator may qrant approval. Qrant the approval subiect to specified conditions or deny the application for comprehensive siQn prOQram. The review period of ten days may be extended bv mutual consent of the applicant and the community development coordinator to allow revised materials to be submitted and reviewed for compliance 51 Ordinance No. 7835-07 with the requirements of the comprehensive sion prooram. Revised materials shall be submitted within the timeframe established by the community development coordinator but no more than 30 workino days based on the extent of the deficiencies identified. If materials are not received within that timeframe. the application shall be deemed denied. If the resubmission material is submitted within the timeframe specified. the community development coordinator shall determine whether the resubmission materials demonstrate compliance with the comprehensive sion prooram and shall either orant the approval. approve with conditions or deny the application. E. Effect of Comorehensive Sian Aooroval. Comprehensive Sion Prooram approval authorizes only the particular sions approved and entitles the recipient to apply for a buildino (sion) permit. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Comprehensive Sion Prooram approval. an application for a buildino (sion) permit shall be made within one year of the date of the Comprehensive Sion approval. and all sions shall be installed and any conditions met within six months of issuance of a permit. *********** Section 26. Article 4, Development Review and Other Procedures, Section 4-1201, Permit (Tree Removal) required, is amended as follows: No person may remove or cause to be removed any protected tree or palm without first having procured a permit as provided in this division. Except for the removal of hazardous trees with respect to disease, insect attack, danger of falling, proximity to existing or proposed structure and interference with utility services and those trees on single family and two family lots, no permit shall be granted unless it is part of an application for a Level One or Level Two approval and unless it is determined that the application complies v./ith the criteria of Section 3 1205. Section 27. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, is amended as follows: *********** Community development board means the board established pursuant to Article 5 of this development code with authority to hear appeals of level one approvals, to review and decide level two approvals, and to review and recommend level three approvals to the city council commission. Pursuant to the Florida Statutes. Chapter 163. community development board also means "local plannino aoency". *********** 52 Ordinance No. 7835-07 . Principal structure and riGht-or-way location means that area of land located between a riqht-of-way and the principal structure on the lot. *********** PublishinG and printinG means a facility primarily for the production of books. cataloqs. maqazines, tabloids. newspapers. circulars. business cards. forms. brochures. newsletters. labels and the like. *********** Seasonal Sales means a sale conducted durinq traditional holidays or seasons in which special items are sold. Only items traditionally considered as associated with the particular season. includinq plant materials and fireworks. are allowed to be sold and qeneral merchandise not associated with the seasonal sale such as tOYs. tools. clothinq. etc are prohibited from beinq sold as a seasonal sale item. *********** Section 28. Appendix A, Schedule of Fees, Rates and Charges, is amended as follows: *********** VIII. LAND DEVELOPMENT: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. (a) Minimum standard development applications. . ................... NQe Fee (b) Zoning verification letter. . ......... ......... ...... ............ ...$50.00$25.00 (c) Zoning interpretation letter and Release of Unity of Titles letter. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ...150.00~ (d) Minor lot adjustment and Division of a Previously Platted Lot. . ......... .................................................................................. 150.00 (e) Flexible standard development--Detached dwellinqs and two attached dwellinqs - accessory uses/structures Single family and two family properties Accessoryuses/structures. .............................. 100.00~ (f) Flexible standard development--Detached dwellinqs and two attached dwellinqs. Single family :md two family properties.................................................................. .200.00100.00 (g) Flexible standard development--Attached dwellinqs. mixed uses and nonresidential uses Multi family and commercial properties. . ...... ...475.00 53 Ordinance No. 7835-07 ~ (h) Continuances requested by applicant of a ORC meeting. ......... ..75.00 (i) Sidewalk cafe application: If proposed as accessory to an existing use. . . ............................. .50. 00 If part of a flexible or flexible standard application, no additional fee. Sidewalk cafe permit. . ........................................................... 120.00 Due on or before October 1 of each year and shall cover the time period of October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. mComprehensive sian proaram................................................ .400.00 (!sD Minor amendment to approved comprehensive sign program, per application... ...............................................................150.00~ Ok) Temporary use permit for seasonal sales. . .......................... .250.00 (2) Level Two. (a) Flexible development--Oetached dwellinas. two attached dwellinas and accessory uses/structures Single f3mily and t\vo family properties . . . ................................................................................. ..300.00200.00 (b) Flexible development-Attached dwellinas. mixed uses and nonresidential uses Multi family and commercial property. . ......... 1,205.00 (c) /\ppe3ls to the community development b03rd Residential . . . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..100.00 (d) Appeals to the community development board--Residential and nNonresidential. . . ......................................................... ..... ...250.00 (e) Appeals to hearing officer. . ..................... ...... ......... .......... 500.00 (f) Continuances requested by applicant of ~ ORe or CDS meeting/public hearing. . .................................................................. ............ 75.00 (g) Transfer of development rights (no additional charge if submitted with flexible development application) . . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 1,205.00 (h) Preliminary plat. .............................................................600.00 (i) Minor revisions.................................................................. 400.00 (3) Level Three. 54 Ordinance No. 7835-07 !. (a) Annexations (including land use map amendment and rezoning to categories compatible with the county designations) . . ... ...... ....... No Fee (b) Land use map amendment. . ............................................ 885.00 (c) Rezoning only....................................................... . ....... 775.00 (d) Continuances requested bv applicant of a DRC, COB, or city council commission meeting/public hearing. . ......................................... 75.00 (e) Development agreement... ... ... ... ... ... ... ... ... ... ... ... . 1.500.00500.00 (f) Final plat. ..................................................................... . 300.00 (g) Vested rights. ............................................................... . 500.00 Section 29. Article 3, Development Standards, Section 3-1807, Comprehensive sign program, is amended as follows: B. Permitted signage. 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in 3-1807.C. A comprehensive sign program shall be approved pursuant to the provisions set out in Section 4-1008. as part of a Lovel One or Level Two approval, as the case may be. Prohibited signs in 3-1803 are not eligible for a comprehensive sign program. *********** Section 30. Amendments to the Land 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 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, except that the provisions of Section 25 of this Ordinance shall take effect on March 1, 2008. 55 Ordinance No. 7835-07 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: December 20, 2007 January 17, 2008 .~K~ Aank V. Hibbard" , Mayor Attest: 56 Ordinance No. 7835-07