5235-92
ORDINANCE NO. 5235-92
L-lim
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE
LAND DEVELOPMENT CODE; AMENDING SECTIONS 135.138 THROUGH-135.146,
CODE OF ORDINANCES, RELATING TO THE URBAN CENTER DISTRICT, TO ADD A
TRANSITION SUBDISTRICT AND TO REDEFINE THE PERMITTED AND CONDITIONAL
USES AND OTHER DEVELOPMENT REQUIREMENTS WITHIN THE URBAN CENTER
DISTRICT; CREATING SECTION 135.1461, CODE OF ORDINANCES, TO
ESTABLISH DEVELOPMENT REQUIREMENTS FOR THE TRANSITION SUBDISTRICT;
AMENDING SECTION 136.022, CODE OF ORDINANCES, RELATING TO PARKING
STANDARDS; AMENDING SECTION 136.025, RELATING TO CONDITIONAL USE
STANDARDS; AND AMENDING SECTION 137.007, CODE OF ORDINANCES,
RELATING TO DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 135.138 through 135.146, as amended by Ordinances
5088-91 and 5194-92, are further amended and Section 135.1461 is created within
Division 22 of Chapter 135, Code of Ordinances, to read:
Division 22. Urban Center District (UC-)
Sec. 135.138. General description.
This district is created to provide for and guide the development and use
of land within the downtown area of the city in a manner that promotes the
implementation of the comprehensive plan, promulgates the downtown area as a
major retail, business, office, government and residential center of the city,
and insures the continued viability and growth of the ad valorem tax base for the
downtown. The specific development regulations are intended to encourage planned
development and revitalization of the downtown area consistent with the "Downtown
Development Plan" "Redeyelopment Plan for- Devintown " and the city's
comprehensive land use plan.
Sec. 135.139. Expansion/contraction.
Applications to expand or contract the Urban Center District shall be
reviewed for consistency with the "Downtown Development Plan" "
and the city's comprehensive land use plan and judged
in accord with expressed goals and objectives contained therein.
Sec. 135.140. Subdistricts
The Urban Center District shall be comprised of the following three (3)
subdistricts:
(1) Bayfront UC(B)That er-t-ief! e thUrban-Genter--O4srtriet lying west
of 056e9la venue ?nA F C.'nrf- Ll-. v. v.irnn !1 u, F1i r•f /`ni. v+t Street.
(2) Core UC(C)• Center That per-tien of the Upban Osceola Avenue, east of due- south of Geupt Street, and west of
Myrt l e "v"ue.
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???_.(3) Eastern Corridor UC(E)
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(4) Transition UC T .
Sec. 135.141. Permitted uses.
I
(a) Within the Bayfront subdistrict, only the following uses (and
structures designed for such uses) shall be permitted:
1) indoor retail sales.
2 Restaurants.
3 Business/professional/government offices.
4 hotels/motels.
5) Convention centers.
6) Indoor commercial recreation/entertainment.
7 Personal services.
8 Accessory dwellings.
9 Multiple-family dwellings.
4444 Commercial parking.
44-24 Vendors franchised to sell on public ro ert (se4li gfrom
Churches, synagogues, monasteries, and other places.of worship.
Accessory uses.
Art galleries/studios.
Townhouses.
(b) Within the Core subdistrict , only
the following uses (and structures designed for such uses) shall be permitted:
1) Indoor retail sales.
2) Restaurants.
3 Business/professional offices.
4 Hotels/motels.
5 Convention centers.
6) Indoor commercial recreation/entertainment.
7) Personal services.
8) Accessory dwellings.
9) Multiple-family dwellings.
IQ) Medical clinics/laboratories.
11) Commercial parking.
12 Government offices and facilities.
13 Business services.
+ff4 Transportation stations.
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15 4-244 Interval ownership and timeshare dwellings.
16 Funeral homes.
17 Nursing homes.
18 Hospitals.
19 Congregate care.
20 {-?9-}- Churches, synagogues, monasteries and other places of worship.
21 Social and community services.
22 Public and private elementary, middle and high schools.
M23 4-324 Universities, colleges, academies and similar facilities for
learning.
24 4-33+ Townhouses.
is
rs franchised to sell on public property .
Accessory uses.
Art galleries/studios.
the Eastern Corridor subdistrict. onlv the following uses (and
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onuregate care.
hurches. svnaaoaues, monasteries and other
ocial and community services.
ublic and private elementary, middle and hi
niversities colleges, academies and sim
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ilities
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Indoor retail sales.
Restaurants.
Business/professional offices.
Hotels/motels.
Convention centers.
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25 Commercial or trade schools.
25 Child day care.
27 Vendors franchised to sell on public praperty?.
28 Accessory uses.
29 Art galleries/studios.
Indoor retail sales,
Restaurants.
Business/professional offices.
Indoor commercial ?recreatio entertainment.
Sec. 135.142. Conditional uses,
(a) Within the Bayfront subdistrict, the following uses may be permitted
as conditional uses:
(1) Transportation stations.
(2) Alcoholic beverage sales (consumption on premises).
(3) Alcoholic beverage sales (package sales).
(4) Helistops.
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Detached single-family dwellings.
Accessory uses.
Art galleries /studios.
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10 Manufacturing.
11 Vehicle service.
12 Residential shelters.
_Lc I Within the Transition subdistrict the following uses-may be
permitted as conditional uses:
Alcoholic bevera a sales on remises consumption)
learning.
15 Indoor storage and/or warehousing.
Sec. 135.143. Use limitations.
5
5,2 Bed and breakfast inns.
L61 Marina facilities.
jbj Within the Core and Eastern Corridor subdistricts, the following uses_
may be permitted as conditional uses:
one e per-son and shall me-asure Rot
more than e4ght (8) feet .- length Cand fourn (4), -feet in w4dth. A! Yend-Mg sha!!
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.a,? All alcoholic beverage sales shall comply with the applicable
revisions of section 136.024 and chapter 72.
rs sellina o
(c) +4 Family, group and congregate care facilities shall comply with all
terms contained in , section 136.420.
JL-?4 Accessory uses shall comply with all terms contained in ehapte
446-,, section 136.008.
,Lel +j+ All uses, whether permitted, conditional or
nonconforming, shall. be conducted in consonance with the use standards contained
in ehapteF 134-, section 136.005.
Sec. 135.144, Development requirements for the Bayfront subdistrict.
(a) Dimensional and numerical requirements. The following dimensional and
numerical requirements shall apply to development within the Bayfront subdistrict
of the Urban Center District:
(1) Maximum floor area ratio: Two (2.0).
(2) Maximum density: Forty-two (42) dwelling or hotel units per net acre.
(3) Maximum height: Sixty (60) feet.
4 Minimum setbacks from street rights-of-way:
a. For buildinas hav
b. For buildinas having a height of thirty (30) feet or less: Ten 10}
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M4* Off-street parking: Off-street parking and loading requirements
within the Bayfront subdistrict shall be the same as within the Core subdistrict.
These requirements are set forth in section 135.145, paragraphs (b) through (f).
(b) View corridor. Forty (40) percent of the width of the property
(measured parallel to Clearwater Harbor) shall be kept free of buildings for the
purpose of providing a view corridor to Clearwater Harbor and Clearwater Beach.
The view corridor may be a single continuous space or divided incrementally. The
area within the corridor(s) may be maintained as open space, be utilized for
amenities, or be surfaced for unenclosed parking. Waterfront preperties shall
be exempt from the Yiew eerrider + Y ?t1 L- ?. ^, but shall eemply with setbaek,
e l ear space --=and ether e?rement app ,eab l e ttl waterfront preper_t i es _
(c) Amenity area. Properties A.11 preppin
shall be provided with ground
r- -r-- ties level amenities which positively contribute to the ambience and aesthetics
afforded the Urban Center District, in accordance with the following schedule's
Floor Area Ratio
Minimum Amenity Area
(Percentage of Lot Area)
0.5 - less th 1, 1.0
1.0 - 2,0
5
10
All amenity areas shall be designed to be used by-the public and shall be located
adjacent to street rights-of-way or shall be directly- accessible from street
rights-of-way -
high standard of urban aes heties. Such improvements may include pedestrian
plazas, seating areas, fountains, sculptures, and landscaped areas and gardens
tree-, and he 1All outdoor amenity areas shall be provided with
illumination devices.
Sec. 135.145, Development requirements for the Core subdistrict,
(a) Until Guc-h time as the "Redevelop,"" Tn-4? n l ,nf.,r -Downtown Glearwatep"
„ey l+.'fedh??the e i ty eemiifl45 there There shall be no floor area ratio,
density, height or other development requirements in the Core subdistrict, except
for parking as provided in this section
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(5) 444 Minimum setbacks from side and rear property lines: None.
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(b) Off-street parking and loading requirements shall be as set forth in
under chapter 136, section 136.022 for an new, altered or ex anded use except
as , these eff street par4i... and
leading requ4remeAts apply to any new, altered or e*panded use exesep follows:
(1) Existing uses nonconforming with respect to parking shall be entitled
to be reestablished if damaged or destroyed, irrespective of the extent of same,
to the extent of the use existing prior to damage or destruction without
providing any additional parking, based on the requirements of the section,
beyond that which existed previously.
(2) Existing uses nonconforming with respect to parking which are changed,
altered or expanded in use so as to increase parking requirements shall be
required to provide only such additional spaces as determined by the positive
difference between that number of spaces required immediately prior to January
22, 1981, for the use and the number of spaces required herein, irrespective of
the fact that parking may still be deficient under the terms of this section.
(3) Parking requirements shall be waived for separate, individual uses
whose parking requirement is ten (10) or fewer spaces.
(c) Required off-street parking shall be provided according to the
following schedule:
(1) Retail sales, offices, services,_ manufacturing, and other similar
uses shall be provided with a minimum of one parking space per four hundred (400)
square feet of gross floor area.
(2) Restaurant, and entertainment and nst4tut4enal uses shall be provided
with a minimum of one parking space per each 200 square feet of?gross _floor area
f4ye (6) eeeupants based on design eapaeity.
(3) Hotels_,an4 motels and bed and breakfast inns shall be provided with
a minimum of one parking space per unit or quest bedroom plus an re uired
parking for other associated uses.
(4) Residential uses shall be provided with a minimum of one parking space
per unit.
(d) It is hereby declared to be the intent of this section to provide for
sufficient flexibility in the parking requirement formula so as to allow for
consideration of individual situations and more innovative solutions to the
provision of off-street parking. Consistent with this intent, once the number
of spaces required to serve a given use is identified, the city, in conjunction
with the applicant, will review the existing or proposed public parking available
to serve the proposed use, such unusual or special conditions or provisions as
might be unique to the use, and the desire and ability of the city to participate
in any joint undertaking to provide parking space. In determining compliance
with the above off-street parking requirements, the following specific factors
may be taken into account and applied toward the number of required parking
spaces:
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(1) The number of available off-street public parking spaces that
typically record less than a ninety (90) per cent utilization rate, as determined
by the traffic engineer, within six hundred (600) feet for Ion term (over three
(3) hours) and four hundred (400) feet for short term (three ?3) hours or less)
parking.
(2) The number of spaces that can be provided within six hundred (600)
feet for employees and four hundred (400) feet for visitors based upon shared use
of existing parking spaces, public or private, due to variation in typical hours
of operation. In the event shared use of existing parking is proposed, a letter
of no objection from the owner of the parking area to be shared shall be
provided.
(3) The number of available off-street parkin spaces within six hundred
(600) feet for employee parking and four hundred (400) feet for visitor parking,
owned or leased by the applicant for off-site parking space, provided such site
is under the same ownership or there is provided evidence satisfactory to the
city of a binding commitment of satisfactory duration to the use of such parking
for the principal use in question during its normal hours of operation. Off-site
parking arrangements may include private and/or public parking spaces and shall
provide for the city to be notified sixty (60) days prior to the termination or
cancellation of any such arrangement.
(4) The number of parking spaces that should be added or subtracted based
upon unusual or special conditions unique to a particular use or based upon
specialized programs such as car-pooling or public transit opportunities and
requirements for employees or visitors.
(5) The amount of money offered as payment in lieu of providing required
off-street parking space, such payment to be based upon an estimated initial per
space or annual operating and maintenance cost set by resolution of the city
commission and subject to review at intervals of not more than two (2) years.
In establishing the process for payment in lieu of parking, the city commission
shall designate the responsible department or authority charged with receiving
moneys and establishing a fund to be utilized exclusively for the provision of
capital improvements to and operation and maintenance of parking facilities in
the Urban Center District. "Redeyelopment Plan for
and in aeeer-d with the Downtown Gleafwater."
'(6) The direct the indirect contribution toward and feasibility of
acquisition, construction and/or operation of new or expanded parking facilities
in conjunction with the proposed use.
(e) All new, altered, or expanded uses requiring more than ten (10)
parking spaces shall submit a parking plan to the traffic engineer which shall
document the following:
(1) Location of property, type(s) of use, required number of parking
spaces for each use and composition of required parking (i.e., long and short-
term).
(2) Proposed provision for parking on and/or off-site.
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(3) Available public parking and proposed use thereof, by location, if
proposed to be counted.
(4) Alternative financial contribution in lieu of parking, if any, and the
basis therefor.
(5) Other proposed arrangements designed to meet or in lieu of parking
requirements.
(f) All determinations made under the provisions of the section shall be
approved by the city manager, -apace the reeemmeRda ian of the tr-ffie engi. eer- and
planning _` ireeter. Appeals of any decision of the city manager relating to the
by the city commission. Determination as to the required number of spaces der
na-p,„r^'''^' and the number and basis of establishing any addition to or
subtra ,ction from this number by the city manager or city commission under shall be noted and made a part of the building permit record of the
city. The city commission or its designee may provide for lease payments to the
public parking system or payments in lieu of parking on such installment or
incremental basis as is deemed financially equitable and sound.
Floor Area Ratio
0.5 - 1.0
Greater than 1.0
Minimum Amenity Area
(Percentage of Lot Area
5
10
All amenity-areas shall be designed_ to be used by the public and shall be located
adjacent to street rights-of-wa_y for shall be directly -accessible front street
rights-of-way. Such improvements may include pedestrian_Q1_azas, seating areas,_
fountains. sculptures. and landscaped areas and gardens. All outdoor amenity
Sec. 135.146.
subdistrict.
Development requirements for the Eastern Corridor
(a) Dimensional and numerical requirements. The following dimensional and
numerical requirements shall apply to development within the Eastern Corridor
subdistrict of the Urban Center District:
(1) Maximum density: Seventy (70) dwelling units or hotel/motel units per
net acre.
(2) Maximum floor area ratio: Three (3.0).
(3) Maximum height: Two hundred (200) nne hundred sixty (1-& feet.
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(4) Off-street parking: Off-street parking and loading requirements
within the Eastern Corridor subdistrict shall be the same as within the Core
subdistrict. These requirements are set ferth in preceding _
Papagraphs (b) threugh (f),
(b) - Amenity area.---- Properties shall be provided with ground level
amenities which positively contribute to the ambience and aesthetics afforded the
Urban Center District, in accordance with the following schedule:
Minimum Amenity Area
Floor Area Ratio (Percentage of Lot Area)
0.5 - 1.0 5
Greater than 1.0 10
All amenity areas shall be designed to be used by the public and shall be located
adjacent to street rights-of-way- or shall be directly accessible from street
rights-of-way. Such improvements may include pedestrian plazas, seating areas,
fountains, sculptures. and landscaped areas and gardens. All outdoor amenity
Sec. 135.1461. Development requirements for the Transition subdistrict..
(a) Dimensional and numerical requirements. The following dimensional and
numerical requirements shall apply to development within the Transition
r..kAir -M. Zr +hn Il-k- !`n.7_• 11iri v.in*.
: Twenty-eight (28) dwelling units or fortv-two (42
2 Maximum floor area ratio:
a. For residential- or hotel/motel uses:
b. For other uses: Three-tenths (0.3).
(3) Maximum height:
a. For residential or hotel/motel uses: Sixtv (60) feet.
b. For other uses: Thirty-five (35) feet.
M_ Minimum lot area: Six Lhousand (6,000) square feet.
5 Minimum lot width at setback line: Sixty 60 feet.
(6) Minimum lot depth: Eight-five (85) feet.
7 Minimum setbacks: Principal and accessory structures shall be afforde
tbacks which measure not less than as follows nor less than an reate
uirement which may be applicable to a articular property in accordance wit
e uniform development regulations contained in chapter 136:
a. From a street right-of-wav: Twenty (20) feet.
11
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b. From -a side ro ert line: Five 5 feet.
c. From a rear property line: Tenf0 „Meet.
S Minimum open space:
. For the lot: Thirtv (30) ner cent of the lot area.
Sec. 136.022. Parking standards.
(f) Off-street parking spaces.
4
(4) Schedule. The following shall be the minimum number of off-street
parking spaces required for each land use, activity, building or structure
permitted by this development code. When the determination of the number of
required off-street parking spaces results in a requirement of a fractional
space, any fraction less than one-half (.5) space shall be rounded down to the
nearest whole number and any fraction of one-half (.5) space or more shall be
rounded up. Parking spaces required on the basis of building floor area shall
apply to gross floor area unless otherwise specified. Parking spaces required for
employees shall be based on the maximum number of employees on duty or residing,
or both, on the premises at any one time, which would include any overlap of
employees at a change of shift.
a. Residential and lodging uses.
1. Detached single-family dwellings, townhouse units and two-family dwell-
ings: Two (2) parking spaces per dwelling unit.
2. Three-family dwellings, multiple-family dwellings, accessory attaehe
dwellings and mobile homes: One and one-half (1.5) parking spaces per dwelling
unit.
3. Motels and hotels: One parking space per motel or hotel unit. Any
ancillary retail, restaurant, tavern or personal service uses (including banquet
and meeting room space) located within a hotel/motel building and which occupy
not more than five (5) per cent of the gross floor area of the hotel/motel
building shall be permitted a fifty (50) per cent reduction in parking for such
ancillary uses.
4. Nursing homes: One parking space per two (2) beds occupied at maximum
capacity.
? 5. Group care facilities: Two (2) parking spaces for the first six (6)
I persons, plus one space for each additional six (6) or fraction thereof, plus one
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Section 2. Paragraph (4) of Subsection (f) of Section 136,022, Code of
Ordinances, is amended to read:
space per two (2) nonresident employees or supervisors.
5. Congregate care facilities: One parking space per two (2) dwelling
units, plus one space per two (2) employees.
7. Residential shelters: One (1) parking space per six (6) residents,
based on maximum occupancy approved by the city. A minimum of one (1) space
shall be required for each shelter.
8. Bed and breakfast inns: One_parkinq space per each bedroom devoted to
the bed and breakfast use.
Section 3. Subsection (c) of Section 136.025, Code of Ordinances, as
amended by Ordinances 5034-90 and 5107-91, is further amended to read:
Sec. 136.025. Conditional use standards.
t
3
(c) Supplementary standards, by category of use. The following standards
(which apply to the identified category of use) shall supplement the general
standards of use identified above and no conditional use shall be authorized
unless determined to meet all of the standards applicable thereto.
3.I Bed and breakfast inn uses may be permitted in the Urban Center
District, subject to the following:
a. The fours of operation are compatible with surrounding uses;
b. The volume of traffic generated b the use is compatible with
surrounding uses;
F
f c. Such uses shall be permitted only in rinci al structures containing
not less than one thousand five hundred l.rnn) SniiarP fPPt of nrngs flnnr area
than fift
principal structure shall be utilized for the bed and breakfast use. For the
purpose of,calculatin the area of the structure devoted to the bed and breakfast
use only the floor area of the bedroom and bathroom areas utilized b the bed
and breakfast guests shall be considered in such calculations.
e. The use comr)lies with all of the general standards contained in
subsection W of this section.
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(8) Child day care may be permitted within the Limited Office, General
Office, Neighborhood Commercial, Commercial Center, Urban Center (Transition) and
Public/Semipublic Districts, subject to the followinqu-e
pen a determiHatien that:
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a. Sufficient on- site outdoor play areas sha11 be provided and so designed
as to ensure user safety.
b. Appropriate on-site loading and unloading areas shall be provided which
are sufficiently distant from other trafficways so as to ensure user safety.
c. The use shall comply with all of the general standards contained in
subsection (b) of this section eedinn paragr ph _r,,,
(9) Commercial parking lots may be permitted within the Beach Commercial,
Resort Commercial "Twenty-four" and "Twenty-eight," and Public/Semipublic
Districts, subject to the following upon rRnlnvmtins+;,-.n_+4,?t;
a. The spaces available for rent shall not be spaces required by this
development code to serve another use operating at the same time as the
commercial parking lot.
b. The spaces avai lable for rent shal l not be overf low spaces for another
use situated on the same property unless determined by the board that the
commercial and noncommercial parking lots are complementary and design to
function consistent with their use and purpose.
c. The spaces shall be designed, surfaced and landscaped in accord with
the minimum requirements of this development code.
d. The use shall comply with all of the general standards contained in
subsection (b) of this section .
(9.1) Commercial or trade schools may be permitted within the Urban Center
-(Transition), Limited Office and General Office districts- subject to the
S following upon _a deter__miRat4en that-
a. All instructional areas shall be located within an enclosed building
and all teaching shall be conducted indoors.
b. The use shall cor?gly with all of the general standards for conditional
uses.
(10) Congregate care facilities may be permitted within the Multiple-
Family Residential "Twelve," "Sixteen," "Twenty-four" and "Twenty-eight"
Districts, the Residential, Office and Commercial Planned Development Districts,
and the Urban Center (Transition), Limited Office and Neighborhood Commercial
Districts, sub.iect to the following upon determination .
a. The permitted density shall not exceed the maximum permitted net
density of the zoning district in which the facilit is to be located, such
density to be determined on the basis that every two (2? beds within the facility
shall be considered to equal one (1) dwelling unit. For those facilities located
within a Planned Development District, density shall be regulated through the
site plan process in accordance with section 135.076, but the density shall not
exceed the maximum allowable density set forth in section 136.082.
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b. The size and state of repair of the facility shall be appropriate for
the proposed use.
c. Ancillary service and recreation areas appropriate for the use shall
be provided on the site in a manner which is compatible with surrounding
properties.
d. The use shall be located within an area which is not concentrated with
other care facilities.
e. The use shall comply with all of the general standards contained in
subsection fib) of this section preee Ong ragr ph
I0.1 Gasoline station uses may be permitted in the Urban Center Core
and Urban Center (Eastern Corridor) Districts. sub.iect to the followina:
a.The hours of operation and overall site design are compatible with
surrounding uses.
e use eomolies wit
ction M or tnis section.
str
may be permitted in the Urban Center (Transit
a. The hours of operation are compatible with surrounding uses;
b. The use complies with all of the general standards conta
subsection b of this section.
13.1) Indoor storaae and/or warehousina uses may be permit
sition) Districts. subject to the followina:
a. The hours of operation are compatible with surrounding uses;
b. The volume of traffic generated by the use is compatible with
surrounding uses;
c. Any noise generated by the use is compatible with surrounding uses^
d. The use complies with all of the aeneral standards contained in
(14) Level I group care facilities may be permitted within the Multiple-
Family Residential "Eight," "Twelve," "Sixteen," "Twenty," "Twenty-four" and
z "Twenty-eight" Districts, the Residential, Office, and Commercial Planned
Development Districts, and the Urban Center (Transition) Limited Office and
Neighborhood Commercial Districts, subject to the followin
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a. The use shall comply with all terms contained in section 136.02C?r
.
b. Accessory uses shall be limited to those normal and incidental to
residential dwelling units.
C. The use shall be reasonably compatible with the surrounding
neighborhood as measured by building size, location and state of repair,
d. The site shall be able to accommodate required parking, ancillary
service and outdoor activity areas appropriate to the use and in a manner which
is compatible with surrounding properties.
e. Proper supervision shall be provided to ensure neighborhood
compatibility.
f. The use shall comply with all of- the general standards contained in
subsection (0 of? this section Pre ceding paragraph (b)
(15) Level II group care facilities may be permitted within the Multiple-
Family Residential "Eight," "Twelve," "Sixteen," "Twenty," "Twenty-four" and
"Twenty-eight" Districts, the Residential, Office and Commercial Planned
Development Districts, and the Urban Center (Transition), Limited Office and
Neighborhood Commercial Districts, subject to the following upon deter-mina ten
a. The use shall comply with all regulations contained in section 136.420,
"Family, group and congregate care facilities," of this chapter.
b. Accessory uses shall be limited to those normal and incidental to
residential dwelling units.
C. The use shall be reasonably compatible with the surrounding
neighborhood as measured by building size, location and state of repair.
d. The site shall be able to accommodate required parking, ancillary
service and outdoor activity areas appropriate to the use and in a manner which
is compatible with surrounding properties.
e. Proper supervision shall be provided to ensure neighborhood
compatibility,
f. The use shall comply with all of the general standards contained in
subsection (b) of this section. ppeeeding paragraph
(16) Level III group care facilities may be permitted within the Urban
Center Transition Limited Office and Neighborhood Commercial Districts.,
subject to the fol deter-m-nation that-
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a. The use shall comply with all regulations contained in section 136.020,
"Family, group and congregate care facilities," of this chapter.
b. Accessory uses shall be limited to those normal and incidental to
residential dwelling units.
C. The use shall be reasonably compatible with the surrounding
neighborhood as measured by building size, location and state of repair.
d. The site shall be able to accommodate required parking, ancillary
service and outdoor activity areas appropriate to the use and in a manner which
is compatible with surrounding properties,
e. Proper supervision shall be provided to ensure neighborhood
compatibility.
f. The use shall comply with all of the general standards contained in
subsection (b) of this _section _ preee` ing pa ph
stern Corridor] Districts. subject to the following:
a._ The hours of operation are compatible with surrounding uses;
b. The vol
c. An noise generated b the use is compatible with surrounding uses:
d. The use comoli
(17) Except as provided herein, marina facilities may be permitted in the
Beach Commercial, Resort Commercial "Twenty-Four" and "Twenty-Eight," General
Commercial, Research, Development and Office Park, Urban Center (Bayfront), and
Public/Semi-Public Districts, subject to the following:
(20) Nursing homes may be permitted within the Urban Center Transition
Limiied Office, General Office, and the Public/Semipublic Districts , subject to
the following 0--Aeter-mi fiat i en that:
a. The use shall be appropriately located in an area not concentrated with
similar facilities.
b. The use shall be separated from high activity or noise generating
areas.
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c, The use shall comply with all of the general standards contained in
subsection (b ).of this section ing paragraph (b).
(21) Outdoor commercial recreation/entertainment may be permitted within
the Beach Commercial, Resort Commercial "Twenty-four" and "Twenty-eight," Urban
Center (Core), Urban Center -(Eastern Corridor), General Commercial, Highway
Commercial and Commercial Center Districts,- subject _to .the following *pe*
deterfflisat4en that:
a. All facilities and activities shall be self-contained on the premises,
unless otherwise approved by the planning and zoning board.
b. The use shall comply with all of the general standards contained in
subsection (b) of-this section "ersed4n@ paragraph .
AA, n.. . .,
. 1 S
the Urban Center-[Core), Urban Center E
Highway Commercial, Commercial Center and
to the following upon determinat-4on that:
may be permitted within
_ , General Commercial,
,ial Districts, sublect
a. The outdoor use shall not adversely affect the community appearance
objectives of the city. In particular, no temporary buildings, portable
buildings, tents, stands, trailers, vending carts or like buildings or structures
shall be utilized in conjunction with the use.
b. The use shall comply with all of the general standards contained in
subsection (b)_of_this section
land area devoted to the use shall be a mi
hall be comoati
f three (3) acres
structures and facilities associated with
rounding properties;
tional facilities associated with the use
d. The use shall comply with all of the general standards contained in
subsection b of this section.
(24.1) Residential shelters may be permitted within the Multi-Family
Residential Districts, and the Limited Office, Neighborhood Commercial, General
Commercial, Highway Commercial, Urban Center (Core), Urban Center (Eastern
Corr idorA, Urban_Center (Transition), Limited Industrial, Research, Development
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and Office Park and Public/Semipublic Districts sub?iect to compliance *pen'
4eterm:ina-t4en that the use-eamplies with ail' of the general standards contained
in subsection (b) of this section.
one
a
s
1 standards co
(27) Vehicle service may be permitted within the Beach Commercial, General
Commercial, Highway Commercial, Commercial Center Urban Center Core Urban
Center (Eastern Corridor) and Limited Industrial Districts, subject to the
following upon determin t4en that-
a. All service bays shall be located within an enclosed building and all
servicing shall be conducted indoors.
b. Entrances to any service bays shall be appropriately oriented with
}. respect to adjoining uses.
C. All used tires, parts, and similar objects shall be stored in a
building or other enclosed structure.
d. Careful distinction shall be drawn by the board with regard to the type
of service to be performed. Major repairs, including engine or transmission
dismantling, painting, body, fender, muffler, top and upholstery work shall not
be allowed unless specifically permitted by the board.
e. The use shall comply with all of the general standards contained in
subsection (b) of this section prerzed4n.,paragraph (b- .
(28) Veterinary offices may be permitted with the Limited Office, General
Office, General Commercial, Highway Commercial, Commercial Center, Neighborhood
Commercial, Urban _ Center and Beach Commercial Districts, subject to the
following .,.__
ill a. All activities shall be conducted within soundproof, air conditioned
' buildings with no outdoor cages, runs or other outdoor facilities unless
determined by the planning and zoning board that such facilities are located and
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a. The total amount of land area devoted to the use shall be a minimum of
screened so as to not adversely affect the use, enjoyment or value
of surrounding properties.
b. There shall be no overnight boarding of animals unless determined by
the board that such boarding facilities are sufficiently soundproofed, air
conditioned and are made available only to animals requiring veterinary
treatment.
c. The use shall comply with all of the general standards contained in
subsection (b)-of this section preeeding paragraph .
(30) Wholesaling/distributing facilities may be permitted within the
General Commercial and Highway Commercial Districts,_ Urban Center (Core), and
Urban Center (Eastern Corridor),,, subject to the following
t at-:
a. The size, mass and scale of any structure used for such activity is
compatible with surrounding structures.
b. The uses shall comply with all of the general standards contained in
subsection (b) of this section reeeding paragpaph 4-
Section 4. Section 137.005, Code of Ordinances, is amended to read:
Sec. 137.005. Definitions.
(a) lords and terms used in this development code shall be given the
meanings identified hereinafter:
Section 5. The provisions of this ordinance have been found to be
consistent with the City of Clearwater Comprehensive Plan.
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Section 6. This ordinance shall take effect immediately upon adoption.
Section 7. This ordinance shall be codified in the Clearwater Code of
Ordinances as adopted on February 4, 1993. The City Commission acknowledges that
the provisions of the Land Development Code amended by this ordinance have been
recodified and renumbered since the first reading of this ordinance on February
4, 1993. The code publisher, Municipal Code Corporation, is authorized and
directed to incorporate the amendments and new provisions adopted herein into the
current text of the Clearwater Code of Ordinances utilizing the following tracing
table:
Old or Added Sections
135.138
135.139
135.140
135.141
135.142
135.143
135.144
135.145
135.146
135.1461 [added]
136.022
136.025
137.005
Current or New Sections
40.481
40.482
40.483
40.484
40.485
40.486
40.487
40.488
40.489
40.490 [new]
42.34
41.053
35.11
PASSED ON FIRST READING AS AMENDED
PASSED ON SECOND AND
FINAL READING AND ADOPTED AS AMENDED
February 4, 1993
October 7, 1993
es. Xid
Rita Garvey
'%?Mayor-Commissiuncr
Attest:
Cyn is E. Goudeau
Cit Clerk
Approved as to form and correctness:
M. A. Galbrait .
City Attorney J
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