6417-99I
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ORDINANCE NO. 6417-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING THE COMMUNITY DEVELOPMENT CODE
BY AMENDING ARTICLE 1, GENERAL PROVISIONS, SECTION
1-106, TRANSITIONAL RULES;
AND AMENDING ARTICLE 2, ZONING DISTRICTS, TABLE 2202,
"LMDR" DISTRICT MINIMUM STANDARD DEVELOPMENT BY
REVISING THE REAR YARD SETBACK;
AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-
703, FLEXIBLE STANDARD DEVELOPMENT FOR THE
COMMERCIAL DISTRICT BY ADDING FLEXIBILITY CRITERIA
FOR OFFICE USE;
AND AMENDING ARTICLE 2, ZONING DISTRICTS, TABLE 2-
1004,"0" DISTRICT FLEXIBLE DEVELOPMENT STANDARDS BY
ADDING COMPREHENSIVE INFILL REDEVELOPMENT
PROJECT;
AND AMENDING ARTICLE 2, TABLE 2-1104, "MU" DISTRICT
FLEXIBLE DEVELOPMENT STANDARDS BY ADDING
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT;
AND AMENDING ARTICLE 2, TABLE 2-1204, "l" INSTITUTIONAL
DISTRICT FLEXIBLE DEVELOPMENT STANDARDS BY ADDING
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT;
AND AMENDING ARTICLE 2, TABLE 2-1304, "IRT" DISTRICT
FLEXIBLE DEVELOPMENTSTANDARDS BY ADDING
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT;
AND AMENDING ARTICLE 3, SECTION 3-1205 BY REVISING
THE REGULATIONS FOR CREDIT FOR REQUIRED
LANDSCAPING;
AND AMENDING ARTICLE 3, DIVISION 18, SIGNS MAKING
SEVERAL REVISIONS ON CORNER LOTS, SETBACKS,
ALLOWANCES FOR SIGN FACE SIZE, LOCATION, HEIGHT AND
LIGHTING OF SIGNS;
AND AMENDING SECTION 4-204, OCCUPANCY PERMIT,
REGARDING THE REQUIREMENTS NECESSARY TO RECEIVE
AN OCCUPANCY PERMIT;
AND AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS,
BY ADDING PROVISIONS REGARDING NONCONFORMITIES
CREATED AS A RESULT OF EMINENT DOMAIN; .
AND AMENDING ARTICLE 3, SECTION 3-1503, NUISANCES, TO
ESTABLISH TWO ADDITIONAL CONDITIONS DECLARED TO BE
PUBLIC NUISANCES;
AND AMENDING ARTICLE 3, SECTION 3-1505, PROHIBITED
ACCUMULATIONS BY DELETING THE SECTION IN ITS
ENTIRETY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Ordinance No. 6417-99
WHEREAS, the City of Clearwater adopted a new Land Development
Code on January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Land Development Code,
the City of Clearwater has reviewed numerous development proposals in all of
the new zoning districts in all parts of the City and which utilize the Minimum
Standard, Flexible Standard and Flexible levels of review, and
WHEREAS, the review of these development proposals has identified
recurring important concerns in the Land Development Code, and
WHEREAS, the Land Development Code did not establish provisions for
the treatment of properties that are affected by eminent domain and the City has
determined it necessary to establish such provisions; and
WHEREAS, the City of Clearwater desires for the Land Development
Code to function effectively and equitably throughout the City, now therefore,
BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Article 1, General Provisions, Section 1-106, Transitional Rules, is
hereby amended by adding a new sub-section I entitled "Properties Affected by
Eminent Domain" to read as follows:
IT Properties Affected by Eminent Domain. When an eminent domain
ro'ect has begun and has achieved a substantial amount of Progress as
evidenced by the condemning authority'_s adoption of a resolution and/or
the approval of final construction plans with greater than 60% completion
and/or other actions that demonstrate substantial ro ress rior to the
adoption of this Code, the condemning authority or property owner may
M guest that the City review the propertyunder this section. If requested
by either the condemning authority or Property owner, the City Vill
evaluate the ro ert 's compliance with therevious Land Development
Code and related regulations and this Community Development Code and
develop a post-acquisition site plan which applies this Code where
physically and financially feasible and adequately improves the public
safety issues of the site. The Community Development Coordinator may
require mitigation and/or improvements to the site that are related to the
specific conditions of the site and implement the purposes of this Code.
Based on the above criteria, the_Communit _Development Coordinator
shall review and approve a site plan which shall govern the re-
development of the site after the acquisition by the condemning aqenq?t,"
Ordinance No. 6417-99
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Section 2, Article 2, Zoning Districts, Table 2-202, "LMDR" District Minimum
Standard Development is hereby amended by adding a Minimum Rear Yard
setback for accessory pools and screen enclosures of 10 feet and revising the
drawing depicting Minimum Standard Development in the "LMDW district by
revising the Minimum Rear Yard setback for Detached Dwellings from 15 feet to
10 feet for accessory pools and screen enclosures.
Section 3. Article 2, Zoning Districts, Section 2-703, Flexible Standard
Development for the Commercial District is hereby amended by adding the
following flexibility criteria for Offices and renumbering the subsequent sub-
sections as appropriate:
"I. Offices:
1. Height:
a. The increased height results in an improved .site plan
landscaping areas in excess of the minimum required or
improved design appearance:
b. The increased height will not reduce the vertical com anent
of the view from any adjacent residential property.
2. Side and rear setback:
a.' The reduction in side and rear setback does not prevent
access to the rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an
improved site plan, more efficient parking or improved
design and appearance;
C. The reduction in side and rear setback does not reduce the
amount of landscaped area otherwise re uired.
3. Off=street parkin.: The physical characteristics of a_proposed building are
such that the likely uses of the property re uire fewer arkin spaces er
floor area than otherwise required or that the use of significant portions of the
building for storage or other non- arkin demand eneration ur oses."
Section 4. Article 2, Zoning Districts, Table 2-1004, "0" Office District Flexible
Development Standards is hereby amended to add "Comprehensive Inflf
Redevelopment Project" as a Flexible Use with the following flexibility criteria and
renumbering the subsequent subsections as appropriate:
A. Comprehensive Infill Redevelopment Project:
1. The development or redevelopment of the parcel proposed fo
development is otherwise economically impractical without
deviations from the use, intensity and development standards;
Ordinance No. 6417-99
...? 2 The development of the parcel proposed for development as a
Comprehensive Infill Redevelopment Project will not materially
reduce the fair market value of abutting properties;
3. The uses within the Comprehensive Infill Redevelopment Protect
are otherwise permitted in the City of Clearwater;
4. The uses or mix of uses within the Comprehensive Infill
Redevelopment Proiect are_compatible_with adiacent land uses:
5. - Suitable sites for development or redevelopment of the uses or mix
of uses within the Comprehensive Infill Redevelopment Project are
not otherwise available in the City of Clearwater;
6. The development of the parcel proposed for development as a
Comprehensive Infill Redevelopment Proiect will upgrade the
immediate vicinity of the parcel proposed for development
7. The design of the proposed Comprehensive_ Infill Redevelopment
Proiect creates a form and function which enhances the community
character of the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole-,
8. Flexibility-in regard to lot width re aired setbacks het ht and off-
w;
street parkinq . are justified by_the benefits to community character
and the immediate vicinity of the parcel proposed for development
and the City of Clearwater as a whole;
9"_ Adequate off,-street parking in the immediate vicinity according to
the shared parking formula in Division 14 of Article 3 will be
available to avoid on-street,parking in the immediate vicinity of the
parcel proposed for development.
Section S. Article 2, Zoning Districts, Table 2-1104, "MU" Mixed Use District
Flexible Development Standards is hereby amended to add "Comprehensive Infill
Redevelopment Project" as a Flexible Use with the following flexibility criteria and
renumbering the subsequent sub-sections as appropriate;
B. Comprehensive Infill Redevelopment Project;
1. The development„ or redevelopment of the parcel proposed for
development is otherwise economically impractical without
deviations from the use, intensity and development standards;
Ordinance No. 6417-99
22.. The development of the parcel rp ooosed for development as a
Comprehensive Infill Redevelopment Project will not materially
reduce the fair market value of abutting properties:
3. The uses within the Comprehensive Infill Redevelopment Proiect
are otherwise permitted in the City of Clearwater:
4. The uses or mix of uses within the Comprehensive Infill
Redevelopment Project are compatible with adjacent land uses;
5. Suitable sites for development or redevelopment of the uses or mix
of uses within the Comprehensive Infill Redevelopment Proiect are
not otherwise available in the City of Clearwater:
6. The development of thMarcel proposed for development as a
Comprehensive Infill Redevelopment Protect will upgrade the
immediate vicinity of the oarcel orooosed for development-
7. The design of the proposed, Comprehensive Infill Redevelopment
Proiect creates a form and function which enhances the community
character of the immediate vicinity of the parcel Prormsed for
development and the City of Clearwater as a whole:
8. Flexibility in regard to lot width required setbacks height and off
street parking are lustified by the benefits to community character
and the immediate vicinity of the arcel proposed for develo ment
and the City of Clearwater as a whole:
9. _ Ade-guate off-street parking in the immediate vicinity according to
the shared parking formula in Division 14 of Article 3 will be
available to avoid on-street parking in the immediate vicinity of the
parcel proposed for development.
Section 6. Article 2, Zoning Districts, Table 2-1204, "I" Institutional District
Flexible Development Standards is hereby amended to add "Comprehensive Infill
Redevelopment Project" as a Flexible Use with the following flexibility criteria:
B. Comprehensive Infill Redevelopment„ Project:
1. The deveto ment or redevelopment of the parcel Moposed for
development is otherwise economically _ impractical without
deviations from the use, intensity and development standards:
2. The development of the parcel proposed for development as a
Comprehensive Infill Redevelopment Proiect will not materiall
reduce the fair market value of abutting properties:
Ordinance No. 6417-99
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3. The uses within the, Comprehensive Project
are otherwise permitted in the City of Clearwater
4. The uses or mix of uses within the Comprehensive Infill
Redevelopment Project are compatible with a iacent land uses
5. Suitable sites for development or redevelopment of the uses or mix
of uses within the Comprehensive Infill Redevelopment Project are
not otherwise available in the City of Clearwater:
6. The development of the parcel proposed for development as a
Comprehensive Infill Redevelopment Project will upgrade the
immediate vicinity of the parcel proposed for development:
7. _ The_de_sinn of the proposed Comprehensive Infill Redevelopment
Proiect creates a form and function which enhances the community
character of the immediate vicinity of the parcel proposed fo
development and the City of Clearwater as a whole:
8. Flexibility in regard to lot width re uired setbacks height and off-
street parking are iustified b the benefits to community character
and the immediate vicinity of the parcel proposed for development
and the City of Clearwater as a whole;
9. Adequate off-street-parking in the immediate_ vicinity according to
the shared arkin formula in Division 14 of Article 3 will be
available to avoid on-street-parking in the immediate vicinity of the
parcel proposed for development.
Section 7. Article 2, Zoning Districts, Table 2-1364, "IRT" District Flexible
Development Standards is hereby amended to add "Comprehensive Infill
Redevelopment Project" as a Flexible Use with the following flexibility criteria and
renumbering the subsequent sub-sections as appropriate:
C. Comprehensive Infli Redevelopment Protect:
1. The development or redevelopment of the arcel proposed fo
development is otherwise economically impractical without
deviations from the use intensity and development standards:
2. The development of the parcel ro osed for development as a
Comprehensive Infill Redevelopment Project will not materiall
reduce the fair market value of abutting prooerties:
3. The uses within the Comprehensive Infill Redevelopment Project
are otherwise permitted in the City of Clearwater
Ordinance No. 6417-99
4.The uses or mix of uses within the Comprehensive Intell
,..? Redevelopment Project are compatible with ad'acent land uses•
5._ Suitable sites for development or redevelopment of the uses or mix
of uses within the Comprehensive Infll Redevelopment Project are
not otherwise available in the City of Clearwater;
6. The development of the parcel proposed for development as a_
Comprehensive tnfill Redevelopment Project will upgrade the
immediate vicinity of the parcel proposed for development;
7. _ The design of the_proposed _ Comprehensive Infill Redevelopment
Project creates a form and function which enhances the community
character of the immediate vicinity of the parcel ro osed for
development and the City of Clearwater as a whole:
8. Flexibility in regard to lot width required setbacks, height t and off-
street parking are lustified by the benefits to community character
and the immediate vicinity of the parcel proposed for development
and the City of Clearwater as a whole;
9. Adequate off-street parkinq in the immediate vicinity according to
the shared parkinq formula in Division 14 of Article 3 will be
available to avoid on-street parking the immediate vicinity of the
' arcel _proposed_for development.
t5p .--
Section 8. Article 3, Section 3-1205 D.3,e, No Credit for required landscaping,
is hereby retitled "Credit for Required Landscaping" and amended to read as
follows:
No credit for required landscaping. Any landscaping required to be
installed by Section 3-1202 or 3-1203 shall-;Gt maybe, used as credit
against tree replacement requirements.
Section 9. Article 3, Section 3-1503B, Nuisances, is hereby amended to add
two additional conditions declared to constitute public nuisances and to read as
follows:
7. Excessive growth or accumulation of weeds, grass, undergrowth or other
similar plant materials, reaching a height or more than twelve (12) inches,
or the accumulation of debris upon property within the City of Clearwater.
8, The lack of maintenance by a„property owner of property abutting any
dedicated right-of-way in the City in a condition such that weeds or trash
are found in and on the ri ht-of-wa or such that the weeds or trash
extend over the sidewalk, bicycle path, curbline or edge of pavement of an
improved right-of-way by more than four inches (4").
Ordinancc No. 6417-99
7. 9. Any other condition or use that constitutes a nuisance to the public,
generally, which is continually or repeatedly maintained, the abatement of
which would be in the best interest of the health, safety and welfare of the
citizens of the City.
Section 10. Article 3, Section 3-1505, Prohibited Accumulations, is hereby
deleted in its entirety and the section reserved.
Section III. Article 3, Division 18, Signs is hereby amended as follows:
Section 3-1806 B.1.a is hereby amended to read as follows:
"a. One (1) freestanding sign per parcel proposed for development with
no more than two (2) sign faces. A parcel located at a corner may be
permitted two (2) signs, one on each street frontage provided that the
maximum area of the sign faces of the two signs shall .not exceed the total
maximum allowable area."
Section 3-1806 B.1.b is hereby amended to read as follows:
ub. All freestanding signs shall be setback at least ten (10) five 5 feet
from the property lines of the parcel proposed for development."
Section 3-1806 B.2.a is hereby amended to read as follows:
°a. One (1) attached sign per business establishment.
The area of an attached sign face shall not exceed:
L one (1) square foot per one hundred (100) square feet of building
fagade facing the street frontage; or
ii. twenty -four (24) square feet; whichever is less. However, a
minimum of ten (10) square feet per business establishment with a
principal exterior entrance shall be allowed."
Section 3-1806 B.2.c is hereby deleted in its entirety and the subsequent
sub-section is hereby renumbered as follows:
s------At-tarahed--signsr-with a-sign-face-af-greatekhafl-si?eln (". I_'-)-s9uare
feet--shall flat-be-iesated-WiIhiR-tt?e-krigl?est erne-quart?ar 14 14? e#- the
a Ele-s#-abuildng
far
d-c. Business logos or other symbols shall not exceed twenty-five
percent (25%) of any attached sign face.
Section 3-1807 C. 2., Comprehensive Sign Program, Flexibility Criteria, is
hereby amended by revising the maximum height for all signs from twelve
(12) feet to fourteen (14) feet as follows:
Ordinance No. 6417-99
2. Height. The maximum height of all signs proposed in a
Comprehensive Sign Program is twelve fourteen (14) feet provided
however that a single attached sign with a sign face of no more than
twelve (12) square feet may be erected up to the height of the principal
building.
Section 3-1807 C. 3., Comprehensive Sign Program by revising the sub-
section to read as follows:
113. Lighting. Any lighting proposed as a part of a Comprehensive
Sign Program is automatically controlled so that the lighting is turned off at
12 midniuht or when the business is closed, whichever is later." -
Section 12. Section 4-204.2., Occupancy Permit, is hereby amended to read as
follows:
2. No occupancy permit shall be issued unless it has been determined that
the building or structure and the site complies with the provisions of the Building
Code, this Development Code and all prior approvals upon which the building
permit was based.
Section 13. Article 6, Nonconformity Provisions, is hereby amended by adding
a new Section 6-110 entitled "Nonconformities Created as a Result of Eminent
Domain" to read as follows:
"Section 6-110. Nonconformities Created as a Result of Eminent
Domain.
A. In the event that an eminent domain action creates a
nonconforming structure, such nonconforming structure may
remain as a le al nonconforming structure provided that all other
regulations of this code regarding nonconforming structures are
met. This section shall not be applicable to single family detached
and attached dwellings.
B. In the event that an eminent domain action renders a site
nonconforming with respect to the development standards of this
code, the property shall be required to comply with the
development standards to the maximum degree physically and
financially feasible as determined by the Community Development
Coordinator. The Communi Develo ment Coordinator ma
require mitigation and/or improvements to the site that are related
to the specific conditions of the site that ade uatel improve the
public safety issues of the site and which implement the purposes
of this code.
C. All other nonconformities created as a result of eminent domain
1 shall be governed by the provisions of this article."
9 ordinance No. 6417-99
Section 14. This ordinance shall take effect immediately upon adoption, except
;'.. that Section 1 shall take effect as of the effective date of Section 1-106 as specified in
Ordinance No. 6348-99.
PASSED ON FIRST READING August 5, 1999
PASSED ON SECOND AND FINAL August 19, 1999
READING AND ADOPTED
Brian J, Aun
Mayor-Commissioner
Approved as to form: Attest:
. J y
Leslie K. Dougall- ids jChijaE. Goudeau
Assistant City Attorney Cerk
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Ordinance No. 6417-99