5320-92
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ORDINANCE NO. 5320-92
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; CREATING SECTIONS
135.1521 THROUGH 135.1526, CODE OF ORDINANCES, TO
ESTABLISH AN INFILL COMMERCIAL DISTRICT; AMENDING
SECTION 136.025, CODE OF ORDINANCES, TO ESTABLISH
SUPPLEMENTARY CONDITIONAL USE STANDARDS FOR CONDITIONAL
USES PROVIDED IN THE INFILL COMMERCIAL DISTRICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
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Section 1. A new Division 19A, Code of Ordinances, consisting of Section
135.1521 through 135.1526, is created to read:
Division 19A. Infill Commercial District (CI)
Sec. 135.1521. General description.
This district is created to promote redevelopment of existing commercial
and mixed use areas.
Sec. 135.1522. Establishment/contraction.
It is intended that four acres or more be provided to establish a new
' Infill Commercial District and that no existing Infill Commercial District be
,contracted to an area of less than four acres, unless the city commission by
ordinance determines that a reduced area is in the public interest.
Sec. 135.1523. Permitted uses.
Within Inf ill Commercial Districts, only the following uses (and structures
designed to serve such uses) shall be permitted:
(1) Multiple family dwellings.
(2) Indoor retail sales.
(3) Restaurants.
(4) Business/professional offices.
(5) Medical clinics/laboratories.
(6) Business services.
(7) Personal services.
(B) Indoor commercial recreation/entertainment.
(9) Nonprofit social or community services.
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(10) Commercial or trade schools.
(11) Gasoline stations.
(12) Hotels/motels.
(13) Accessory dwellings.
(14) Interval ownership and timeshare dwellings.
(15) Remote switching stations.
(16) Research facilities and laboratories.
(17) Photographic processing facilities.
(18) Printing and publishing facilities.
(19) Production of confectionery or baked goods.
(20) Assembly of electronic components and precision instruments.
(21) Art galleries/studios.
(22) Funeral homes.
(23) Accessory uses.
Sec. 135.1524. Conditional uses.
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Within InfilI Commercial Districts, the following uses may be permitted as
conditional uses:
(1) Indoor storage and/or warehousing.
(2) Alcoholic beverage sales (consumption on premises).
(3) Alcoholic beverage sales (packages sales).
(4) Transportation stations.
(5) Veterinary offices.
(6) Wholesaling/distributing.
(7) Marina facilities.
(8) Residential shelters.
(9) Noncommercial parking.
(10) Manufacturing uses.
(11) Outdoor retail sales, displays and/or storage.
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(12) Child day care.
(13) Congregate care.
(14) Vehicle service.
(15) Outdoor commercial recreation/entertainment.
(16) Bed and breakfast inns.
Sec. 135.1525. Use limitations.
(1) Alcoholic beverage sales shall comply with the applicable provisions
of chapters 72 and 136.
(2) Accessory uses shall comply with Section 136.008.
(3) Marina facilities shall be located only on waterfront property where
conditional use approval for a commercial marina has been obtained for such
property.
(4) No operations or activities associated with any permitted use shall
be conducted outside any enclosed structures unless specifically permitted as a
conditional use.
(5) Any emissions into the atmosphere associated with any use shall be
odorless and colorless, and pose no risk to the health and safety of persons in
the vicinity of the use.
(6) All uses, whether permitted, conditional or nonconforming, shall be
conducted in compliance with the use standards contained in Section 136.005.
Sec. 135.1526. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to
development within Infill Commercial Districts:
(1) Maximum density: 24 dwelling units or 40 hotel/motel units per gross
acre.
(2) Minimum lot area:
(a) For multiple family, outdoor storage and manufacturing uses: 30,000
square feet.
(b) For other uses: 7,500 square feet.
(3) Minimum lot width at setback line: 75 feet.
(4) Minimum lot depth: 100 feet.
(5) Minimum setbacks; Structures shall be afforded setbacks which
measure not less than hereinafter set forth, or less than any greater setback
which may be applicable to a particular property in accordance with the uniform
development regulations contained in chapter 136.
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(a) Principal and accessory structures:
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1. From a street right-of-way: Structures with a height of 20 feet or
less shall have a required setback of 15 feet. Structures with a height,greater
than 20 feet shall have a required setback equal to 20 feet plus 25 per cent of
the height of the structure above 20 feet.
2. From a side or rear property line: Structures with a height of 20
feet or less shall have a required setback of 10 feet. Structures with a height
greater than 20 feet shall have a required setback equal to 10 feet plus 25 per
cent of the height of the structure above 20 feet.
3. From an adjoining residential zoning district (side and rear property
lines only): Structures with a height of 20 feet or less shall have a required
setback of 20 feet. Structures with a height greater than 20 feet shall have a
required setback equal to 30 feet.
(b) Reserved.
(6) Maximum height:
f (a) For hotel/motel and residential uses: 50 feet.
(b) For other uses: 35 feet.
(c) Such height limitations shall be increased or reduced in accordance
with applicable height bonus provisions, airport restrictions, and other
regulations contained in section 136.004.
(7) Minimum open space:
(a) For the lot: 25 per cent of the lot area.
(b) For the front yard: 50 per cent of the front yard area.
(8) Maximum floor area ratio: 0.4.
(9) Minimum building separation distance within a development: Each
building within a development shall be separated from each other building within
the same development by a distance equal to 40 per cent of the sum of the heights
of such two adjacent buildings, but in no case shall the separation distance be
less than 20 feet.
(10) Maximum building coverage: 30 per cent.
Section 2. Subsection (c) of Section 136.025, Code of Ordinances, is
amended to read:
} Sec. 136.025. Conditional use standards.
(c) Supplementary standards, by category of use. The following standards
r (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.
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a. The hours of operation are com atible with surrounding-uses:
b. The volume of traffic generated b the use is compatible with
surrounding uses;
c. Such uses shall only be provided in principal st
(8) Child day care may be permitted within the Limited Office, General
Office, Neighborhood Commercial, Infill Commercial, Commercial Center, and
Public/Semipublic Districts upon a determination that:
a. Sufficient on-site outdoor play areas shall 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 pr-eee inq par graph ?
(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,
Limited Office, Inf ill Commercial, and Neighborhood Commercial Districts, subject
to the following open deter 4satien that-
(13) Indoor storage and/or warehousing may be permitted within the General
Commercial Inf ill Commercial, and Highway Commercial Districts upon determination
that. - --
a. The building size, length and appearance shall be compatible and in
scale with other buildings in the immediate area.
b. All doors shall be oriented so as to be least visible from public
rights-of-way and surrounding properties.
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e. The use complies with all of the general standards contained in
subsection (b of_this section.
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C. The use shall comply with all of the general standards contained in
subsection (b) of this section ?eeedinh-papa?ari6-1L .
(16.1) Manufacturing uses may be provided in the Infill Commercial,
Research, Development and Office Park Districts upon determination that:
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. In Infill
e. 4,• The use complies with all of the general standards contained in
subsection (b) of this section.
(17) Except as provided herein, marina facilities may be permitted in the
Beach Commercial, Resort Commercial "Twenty-Four" and "Twenty-Eight," General
Commercial, Infill Commercial Research, Development and Office Park, and
Public/Semi-Public Districts, subject to the following:
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(19) Noncommercial parking may be permitted within the residential,
Limited Office, General Office, Neighborhood Commercial, North' Greenwood
Commercial, Highway Commercial, Infill Commercial and Limited Industrial
Districts upon determination that:
(21) Outdoor commercial•recreation/entertainment may be permitted within
the Beach Commercial, Resort Commercial "Twenty--four" and "Twenty-eight," general
Commercial, Highway Commercial Infill Commercial and Commercial Center
Districts upon determination that:
(22) Outdoor retail sales, displays and/or storage may be permitted within
the General Commercial, Highway Commercial, Inf ill Commercial, Commercial Center
and Limited Industrial Districts upon determination that:
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. In InfiII Commercial Districts, outdoor retail_sales and di
and vehicles shall be arohibited. T -
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d. b,- The use shall comply with all of the general standards contained in
subsection (b) of this section 1-7eeeding paragraph .
(24.1) Residential shelters may be permitted within the Multi-Family
Residential Districts, and the Limited Office, Neighborhood Commercial, General
Commercial, Highway Commercial, Inf ill Commercial, Limited Industrial, Research,
Development and Office Park and Public/Semipublic Districts upon determination
that the use complies with all of the general standards contained in subsection
(b) of this section.
(26) Transportation stations may be permitted within the General
Commercial, Highway Commercial, Infill Commercial, and Public/Semipublic
Districts and the Bayfront subdistrict of the Urban Center District upon
determination that the use complies with all of the general standards contained
in subsection (b) of this section preeed4ng paragraph .1-1).
(27) Vehicle service may be permitted within the Beach Commercial, General
Commercial, Highway Commercial, Infill Commercial, Commercial Center and Limited
Industrial Districts, upon determination that:
e. The use shall comply with all of the general standards contained in
subsection _(b) of this section ed4ng par graph, 4
(28) Veterinary offices may be permitted with the Limited Office, General
Office, General Commercial, Highway Commercial, Infill Commercial, Neighborhood ,
Commercial, and Beach Commercial Districts upon determination that:
c. The use shall comply with all of the general standards contained in
subsection-(b)-of--this sectionpreceding .
(30) Wholesaling/distributing facilities may be permitted within the
General Commercials a44 Highway Commercial and Infill Commercial Districts upon
determination that:
a. The size, mass and scale of any structure used for such activity is
compatible with surrounding structures,
b. The-proposed access site design, and vehicles
c.•-- The use shall comply with all of the general standards contained in
subsection (b) of this section ffeceding .
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Section 3. Section 137.005, Code of Ordinances, is amended to read:
Sec. 137.005. Definitions.
(a) Words and terms used in this development code shall be given the
meanings identified hereinafter:
Section 4. The provisions of this ordinance have been found to be
consistent with the City of Clearwater Comprehensive Plan.
Section 5. This ordinance shall take effect immediately upon adoption.
Section 6. 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 December
17, 1992. 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 Current or New Sections
Division 19A [added] Division 21A
135.1521 [added] 40.431
135.1522 [added] 40.432
135.1523 [added] 40.433
135.1524 [added] 40.434
135.1525 [added] 40.435
135.1526 [added] 40.436
136.025 41.053
137.005 35.11
PASSED ON FIRST READING
December_17r 1992
PASSED ON SECOND AND FINAL READING
AND ADOPTED AS AMENDED
Attest:
Cyn is E. Gou eau, City C er
September 16, 1993
Rita Garvey, Mayor-Cam is ioner
Approved as to form and correctness:
M. A. Gal ra' i, Jr., City Attorney
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