TA2010-07002; Amendments to the Community Development Code ORD 8211-10a
Case number: TA2010-07002
Ordinance number: 8211-10
Agenda Item: E-1
Amendments to the Community
Development Code Ordinance No. 8211-10
Planner: Cate Lee
CDB Meeting Date:
Case Number:
Ordinance Number:
Agenda Item:
August 17, 2009
TA2010-07002
8211-10
E1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
INITIATED BY:
BACKGROUND:
Amendments to the Community Development Code - Ordinance No.
8211-10
City of Clearwater Planning Department
There are various impetuses for proposed Ordinance No. 8211-10. City Council requested that
accessory use provisions for overnight accommodations be further amended. The Clearwater
Neighborhood Coalition in conjunction with the Planning and Development Department
identified several issues with parking and outdoor storage in residential areas that could be
addressed with Code amendments. Lastly, staff found several areas where further clarification
was needed and consistency was lacking between the Community Development Code and the
Code of Ordinances and Florida Statutes.
ANALYSIS:
Proposed Ordinance No. 8211-10 includes amendments addressing the items listed above. Below
please find a description of each proposed amendment.
1. Sidewalk Vendors (Pages 2-3 and 6-9 of proposed ordinance.)
The proposed amendment is to delete sidewalk vendors as an allowed use in the Tourist
and Downtown zoning districts. This amendment would make the Community
Development Code consistent with the Code of Ordinances which prohibits trading and
selling on streets, except for ice cream trucks in residential areas (Section 28.04).
2. Accessory Uses in the Overnight Accommodation Use in the Commercial and
Tourist Districts (Pages 4-6 of proposed ordinance.)
In order to address overnight accommodations with few rooms, but large accessory full-
service restaurants, the proposed amendment requires that overnight accommodation uses
with fewer than 50 rooms comply with the parking standards for restaurant uses. Only the
portion of the development used as a restaurant would have to comply with that use
Comr.:_u ri' v Development _'oard -- Aubtist 17, 2010
TA2010-07002 -Page 1
standard. This ensures that adequate parking is provided for patrons of the restaurant that
are not patrons of the hotel or motel.
3. Docks (Pages 9-10 of proposed ordinance.)
The City Attorney's office raised concerns about potential takings and/or Bert Harris Act
claims if the dock provisions deny a property owner his or her constitutional right to
reach the water. To address this concern the Assistant City Attorney developed language
to be added to the deviation section of the dock provisions (Section 3-601.C.3.i.iv).
Specifically, the amendment states if an applicant demonstrates riparian or littoral rights
which affect the location of the dock, the minimum deviation needed to exercise those
rights should be allowed.
The other proposed dock amendment relates to the addition of boat lifts to existing docks.
Current Code Section 3-601 D.1 specifies that dock lifts can be installed on existing
approved docks and are exempt from setback requirements. The Planning and
Development Department is proposing to eliminate this provision due to potential
conflicts. The existing section could allow a boat lift to be located on the side property
line as extended into the water and thereby create navigation problems and/or
neighborhood conflicts. The proposed amendment eliminates this possible conflict.
4. Parking Restrictions in Residential Areas (Pages 10-11 of proposed ordinance.)
Proposed Ordinance No. 8211-10 establishes new provisions for parking in residential
areas and provides language that more directly spells out how the Code has been applied
in the past. The first amendment specifies that boat trailers cannot exceed 25 feet in
length if located in the front setback. This arner?dmeni was requested by t1e Clearwater
Neighborhood Coalition as the existing code provision addresses hauling trailers but not
boat trailers. Situations in the community exist where large boat trailers are parked in the
front setback without a boat and Code Compliance staff has not been able to address the
issue since the Code is silent on this type of trailer. There have also been limited
circumstances where a large boat trailer has been parked in the front setback with a boat
less than 20 feet in length on it. In those circumstances, staff has not been able to take any
enforcement action as the boat size is in compliance with the current code provision.
Staff is also proposing a new section to clearly identify the types and size of vehicles that
may be parked in side and rear setbacks. Historically, the Planning and Development
Department staff has relied on the front setback provisions to determine what is allowed
in the side and rear setback. The proposed amendment would allow boats exceeding 20
feet in length, recreational vehicles, farm equipment, ATV, and the like to be parked in
these areas provided they are screened with a six foot high fence, wall or hedge.
The last amendment to this section clarifies that certain commercial vehicles cannot be
parked in residential zoning districts. The existing language contained in Section 3-
1407.A.3 can be read several different ways, therefore the Planning and Development
Department is proposing language that clarifies that commercial vehicles exceeding a
Community Development Board -August 1' 2010
TA2010-07002 - Page 2
certain size (large service vehicles, box trucks, bucket trucks, etc.) cannot be stored in
residential neighborhoods.
5. Outdoor Storage in Residential Areas (Pages 11-12 of proposed ordinance.)
Staff and the Clearwater Neighborhood Coalition have identified two issues related to
outdoor storage in residential areas. One is the storage of items on carports and the other
is cars covered by tarps. Based on the definition of building, a carport is considered a
building and therefore not subject to the outdoor display/storage provisions. Planning and
Development Department staff is proposing an amendment to Section 3-1502.G.1 which
would make carports subject to the outdoor display/storage provisions. The impact of this
amendment would limit the type of items that can be stored on carports to those items
designed for use outdoors.
In response to concerns raised by the Clearwater Neighborhood Coalition about the use
of car covers to conceal inoperable vehicles, proposed Ordinance No. 8211-10 includes a
provision that stipulates if a vehicle is covered, the bottom six inches of the tires must be
visible. It also requires that either the license plate be visible from the right-of-way or the
license number be printed on the cover. Lastly the provision requires the cover to be
maintained in good condition.
6. Nuisances (Page 12 of proposed ordinance.)
Recently it was determined the Community Development Code only provides one way to
gain enforcement of nuisance violations. If the property owner does not bring the
violation into compliance, the City is only authorized to abate the nuisance. This places
the burden of enforcement on the City and not on the property owner. The Planning and
Development Department, in conjunction with the City Attorney's Office, is proposing to
amend several sections of the Code to provide Code Compliance staff three options for
enforcerneift -n3tcc of violation to be decided by the MCEB, a ticket to the Court or
actual abatement. The proposed amendments will provide staff with a variety of tools to
tackle nuisance problems and should reduce the costs incurred by the City for abatement.
7. Community Residential Home Separation Requirement (Pages 12-13 of proposed
ordinance.)
Although it's long been staff practice, and Florida Statute requires a 1,000 foot separation
between community residential homes, the requirement is not currently in the Code for
all community residential homes. This proposed amendment would include this
requirement as part of the definition. Consistency between the City's Code, staff practice
and State Statute is esoential in providing good customer service.
Co,Yuncniiy Development Board -August 17, 2010
TA2010-07002 - Page 3
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following.
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals and Policy
which will be furthered by the proposed Code amendments:
Goal A.3 The city of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the city
through consistent implementation of the community development code.
The proposed amendment dealing with outdoor storage meets this goal of the aesthetic needs
of the city by limiting what can be stored outdoors to those items intended for outdoor use;
therefore ensuring residential areas are not cluttered, but neat and attractive.
Goal A.6 The city of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect
historic resources, ensure neighborhood preservation, redevelop blighted
areas, and encourage infill development.
The proposed amendments addressing vehicles allowed in residential areas and the
community residential home separation requirement both meet this goal to ensure
neighborhood preservation because they are aimed at keeping residential areas free of
commercial and industrial transport and use. It is not appropriate for commercial and
industrial vehicles to line the streets and fill the parking spaces in residential areas. It is
likewise inappropriate for community r-esideritia? homes -to-cluster together, transforming the
original single family residential character of a neighborhood.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103.
• It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the 011y; -to establish rules- of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (CDC Section 1-103.A).
G?m?kr?.ity ?e?•F?op?er* r?oar:'==<?,ak}usi _L7, zO1D ,_
TA2010-07002 - Page 4
The amendments that address issues in residential areas (parking restrictions, outdoor storage
and community residential homes) are all aimed at maintaining quality of life and preserving
the residential character of neighborhoods.
It is the further purpose of this Development Code to make the beautification of the city a
matter of the highest priority and to require that existing and future uses and structures in
the city are attractive and well-maintained to the maximum extent permitted by law
(CDC Section 1-103.D).
Two of the amendments in the residential areas, parking restrictions and outdoor storage, also
contribute to the beautification of the city, specifically the residential areas.
• Coordinate the provisions of this Development Code with corollary provisions relating to
parking, fences and walls, signs, minimum habitable area and like supplementary
requirements designed to establish an integrated and complete regulatory framework for
the use of land and water within the city (CDC Section 1-103.E.12).
The proposed amendment regarding parking restrictions is consistent with this Code section
as it regulates parking by ensuring an appropriate number according to use.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning Department recommends APPROVAL
of Ordinance No. 8211-10 that amends the Community Development Code.
Prepared by Planning Department Staff.
Cate Lee, Planner II
ATTACHMENT:
? Ordinance No. 8211-10
S: (Planning Department) Comnninity Development Code12010 Code AmendmenW TA2010-07002 -Code V11Staff Report lOrdinance No 8211-10
CDB Staff Report 2010 08-17-09.doc
Community Deve'npm:; it F o . ri -. ,€lIS
TA2010-07002 - Page 5
Cate Lee
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4557
catherine.lee &myclearwater.corn
PROFESSIONAL EXPERIENCE
Planner II, Long Range Division
City of Clearwater, Clearwater, Florida November 2008 to Present
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Create maps for decision makers using Geographic Information Systems
software.
Planner I and Planner II, Development Review Division
City of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
• Research Assistant
Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr. Richard H. Jackson, AICP.
Teaching Assistant
Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007
Explained North American land use patterns and concepts to students, including planning history and
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
Planning Intern
City of Port Angeles, Port Angeles, Washington May to August 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
• American Planning Association
ORDINANCE NO. 8211-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING
SIDEWALK VENDORS FROM CHART 2-100 PERMITTED USES; BY
AMENDING SECTIONS 2-703.M, 2-7041, 2-802.K AND 2-803.1, BY
ADDING FLEXIBILITY CRITERIA RELATING TO ACCESSORY USES
FOR OVERNIGHT ACCOMMODATIONS IN THE COMMERCIAL AND
TOURIST DISTRICTS; BY ELIMINATING SIDEWALK VENDORS AS A
FLEXIBLE STANDARD USE IN THE TOURIST AND DOWNTOWN
DISTRICTS BY DELETING IT FROM TABLES 2-802 AND 2-902 AND
DELETING THE ASSOCIATED FLEXIBILITY CRITERIA IN SECTIONS
2-802.R AND 2-902.P; BY AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, BY AMENDING SECTION 3-601C.3.i.vi TO PROVIDE
FOR A MINIMUM FURTHER DEVIATION FOR COMMERCIAL DOCKS
TO ALLOW EXERCISE OF CERTAIN DEMONSTRATED RIPARIAN OR
LITTORAL RIGHTS; BY DELETING SECTION 3-601.D.1, EXISTING
DOCKS AND LIFTS; BY AMENDING SECTION 3-1407.A TO PROHIBIT
BOAT TRAILERS OF A CERTAIN LENGTH TO BE PARKED IN THE
FRONT SETBACK AND BY CLARIFYING THE TYPES OF VEHICLES
THAT MAY BE PARKED IN SIDE AND REAR SETBACKS AND BY
EXPANDING THE TYPES OF LARGE VEHICLES PROHIBITED TO BE
PARKED IN THE RESIDENTIAL ZONING DISTRICTS; BY AMENDING
SECTION 3-1502.G, TO ESTABLISH GUIDELINES FOR THE USE OF
CAR COVERS IN RESIDENTIAL ZONING DISTRICTS AND TO
CLARIFY THAT CARPORTS ARE NOT EXEMPT FROM OUTDOOR
STORAGE PROVISIONS; BY AMENDING SECTION 3-1503 TO ADD
SUBSECTION C. PROVIDING FOR ALTERNATIVE METHODS OF
ENFORCEMENT FOR NUISANCE VIOLATIONS; BY AMENDING
ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY
RE`v`ISiNG" SECTIONS 7-102 AND 7-103 TO PROVIDE FOR
ALTERNATIVE METHODS OF ENFORCEMENT FOR NUISANCE
VIOLATIONS; BY AMENDING ARTICLE 8, DEFINITIONS AND RULES
OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING
THE DEFINITION OF COMMUNITY RESIDENTIAL HOME TO PROVIDE
FOR CONSISTENCY WITH STATE REGULATIONS; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective or March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, the City of Clearwater desires adequate parking in the Tourist and
Commercial districts, and
Ordinance No. 8211-10
WHEREAS, the City of Clearwater desires to clarify parking and outdoor storage
standards in residential areas to ensure the stable nature of these neighborhoods, and
WHEREAS, the City of Clearwater desires to institute a flexible tool for addressing
nuisances, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, Zoning Districts, CHART 2-100 Permitted Uses, of the
Community Development Code, be, and the same is hereby amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings x X X X X X
Attached dwellin s x X X X X X X
Community residential homes x X X X X X X X
Detached dwellings x X X X X X X X
Mobile homes X
Mobile home arks X
H
Residential infill projects x X X X X X X
Nonresidential
Adult uses x X
Airport x
Alcoholic beverage sales X X X
Animal grooming and or boarding x X X
Assisted living facilities x X X X
Automobile service stations x X
Cemeteries X
Comprehensive infill
redevelopment project CIRP
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.
Hos itaIs x
Indoor recreation/entertainment X X X X
Light assembl x
Manufacturing X
Marinas X
-2
Ordinance No. 8211-10
Marinas and marina facilities x X X X
Medical clinic x X X X
Mixed use x X X X
Nightclubs, taverns and bars x X X X
Non-residential off-street parking x X X X
Nursing homes x X X X
Offices x X X X X X
Off-street parking x X
Open space X
Outdoor recreation/entertainment X X X X
Outdoor retail sales, display and/or
stora e
x
X
Overni ht accommodations x X X X X X X X
Parkin ara es 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 facility x X
Publishing and printing x
Public transportation facilities x X X X X X X
Research and technology use x
Residential shelters x X X
Resort Attached Dwellings x
Restaurants x X X X X X
IRetail sales and services x X X X X X X X
RV arks x
Salvage yards x
Schools x X X X X X X
Self-storage warehouse x X
Smdewalk venders
X
X
Social and community centers x X X X
Social/ ublic service agencies x X X X
Telecommunications towers x X X X X
/radio studios x X
Utility/infrastructure facilities x X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited x X
Vehicle sales/displays, major x
Vehicle. -service
Vehicle service, limited x
Vehicle service, major x
Veterinary offices X X X X
holesa le/d istribution/wa rehouse
facility
X
-3-
Ordinance No. 8211-10
Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C),
subsection 2-703.M, Overnight accommodations, of the Community Development Code, is
hereby amended as follows:
Section 2-703. Flexible standard development.
***********
Flexibility criteria:
M. Overnight accommodations.
7. Accessory uses:
***********
***********
C. Signage for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses-.,-
d. Overnight accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use as
contained in Table 2-703. The lowest number of spaces allowed shall be used to
calculate the additional amount of off-street parking required for the restaurant.
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C),
subsection 2-7041, Overnight accommodations, of the Community Development Code, is
hereby amended as follows:
- - 9eirtion 2-704. Flexible development.
Flexibility criteria:
L. Overnight accommodations.
***********
***********
8. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
b. _ The following shall apply to required parking for accessory uses:
i. Accessory uses located within the building interior may occupy between
10% and 15% of the gross floor area of the development, but only when
additional parking is provided for that portion of the accessory uses which
exceeds 10%. The required amount of parking shall be calculated by
using the minimum off-street parking development standard for the most
intensive accessory use(s). Where there is a range of parking standards,
the lowest number of spaces allowed shall be used to calculate the
-4-
Ordinance No. 8211-10
additional amount of off-street parking required for the project. In
projects where the interior accessory uses exceed 15% of the building
gross floor area, all interior accessory uses shall be considered additional
primary uses for purposes of calculating development potential and
parking requirements.
ii. Regardless of the gross floor area percentage, overnight
accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use
as contained in Table 2-704. The lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required
for the restaurant.
***********
Section 4. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection
2-802.K, Overnight accommodations, of the Community Development Code, is hereby amended
as follows:
Section 2-802. Flexible standard development.
***********
Flexibility criteria:
***********
K. Overnight accommodations.
10. Acc&sswy u+3es:
e. Overnight accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use as
contained in Table 2-802. The lowest number of spaces allowed shall be used to
calculate the additional amount of off-street parking required for the project.
Section 5. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection
2-803.1, Overnight accommodations, of the Community Development Code, is hereby amended
as follows: -
Section 2-803. Flexible development.
***********
Flexibility criteria:
-5-
Ordinance No. 8211-10
I. Overnight accommodations.
11. Accessory Uses:
a
b
Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
The following shall apply to required parking for accessory uses:
i. Accessory uses located within the building interior may occupy between
10% and 15% of the gross floor area of the development, but only when
additional parking is provided for that portion of the accessory uses which
exceeds 10%. The required amount of parking shall be calculated by
using the minimum off-street parking development standard for the most
intensive accessory use(s). Where there is a range of parking standards,
the lowest number of spaces allowed shall be used to calculate the
additional amount of off-street parking required for the project. In
projects where the interior accessory uses exceed 15% of the building
gross floor area, all interior accessory uses shall be considered additional
primary uses for purposes of calculating development potential and
parking requirements.
ii Regardless of the gross floor area percentage, overnight
accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use
as contained in Table 2-803. The lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required
for the restaurant.
Section 6. That Article 2,of i jj; Districts, Division 8, Tourist District (T), Section 2-
802, Table 2-802 and Section 2-802.R, Sidewalk vendors, of the Community Development
Code, is hereby amended by deleting subsection R and relettering the subsequent subsections
as appropriate:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
RI
U Min. Lot
Area Min. Lot
Width Max.
Height
Mi Setbacks
Density
Z Street
se Parking
(sq. ft.) (ft.) (ft)
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a 30
its/acre
units/acre 1/unit
Ordinance No. 8211-10
Alcoholic Beverage Sales 5,000 50 35 10
15 10 20 n/a 5 per 1,000 GFA
Attached Dwellings 10,000 100 3550-- 15 10-- 10 1020-- 30 units/acre 2 Per unit
Governmental Uses dal
10,000
100 35--
50 10--
15 0--
10 10--
20 n/a 3--4/1,000 GFA
Indoor 000
5 50 35 0--15 0 20 n/a 10 per 1,000 GFA
Recreation/Entertainment , 100 10
Medical Clinic 10,000 100 50 15 10 20 20 2--3/1,000 GFA
50-- 35-- 0-- 10-- 30 Based upon use
Mixed Use 10,000 100 50 0--15 10 20 units/acre requirements
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA
Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a
Parking
Offices
000
10
100 35-- 10-- 0-- 10--
n/a 3--4 spaces per
, 50 15 10 20 1,000 GFA
2.5 spaces per 1,000
sq. ft. of lot area or
as determined by
Outdoor
000
5
50
35 10--
10
20
n/a the community
Recreation/Entertainment , 15 development
director based on
ITE Manual
standards
Overnight 20
000 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit
Accommodations , 150 50 15 10 20 rooms/acre
Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a
r 1 per 20,000 SF
` land area or as
determined by the
Parks and Recreation
n/a
n/a
50
25
10
20
n/a community
Facilities 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)
Resort Attached Dwellings 10,000 100 35--50 10-45 10 10--20 units/acre 1.5 per unit
5,000-- 50-- 25-- 10-- 0-- 10-- n/a 7-15 spaces per
Restaurants 10,000 100 35 15 10 -20- - 1-,000 GFA.
5,000-- 50-- 35-- 10-- 0-- 10-- /a 4--5 spaces per
Retail Sales and Services 10,000 100 50 15 10 20 n 1,000 GFA
Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- n/a 4--5 spaces per
Center 10,000 100 50 15 10 20 1,000 GFA
-7-
Ordinance No. 8211-10
Utility/Infrastructure
Facilities (4) na n/a n/a 25 10 10 n/a n/a
***********
Flexibility criteria:
Section 7. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section
2-902, Table 2-902 and Section 2-902.P, Sidewalk vendors, of the Community Development
Code, is hereby amended by deleting subsection P and relettering the subsequent subsections
as appropriate:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the Downtown District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-902-"D" Flexible Standard Development Standards
Use Max. Min. Off-Street
Height Parking
t.
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 30-50 3-5 per 1,000 GFA'
Recreation/Entertainment
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 30-50 .75-1 per unit
Accommodations
Parkin Garages and Lots 50 n/a
Parks and Recreation 50 1 per 20,000 SF or as
Facilities determined by the
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
-8- _
Ordinance No. 8211-10
GFA
Retail Sales and Service 30-50 2-4 per 1,000 GFA I
rya ftLa
Social and Community
Centers 30-50 2-4 per 1,000 GFA
Utility/Infrast cture
Facilities n/a n/a
***********
Flexibility criteria:
***********
***********
Section 8. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3-601.C.3.i.vi, New docks, of the Community Development Code, is hereby
amended as follows:
Section 3-601. Docks.
***********
C. New docks.
***********
3. Commercial docks.
***********
i. Deviations.
***********
iv) The deviation sought to be granted is the minimum deviation that
will make possible the reasonable use of the applicant's property;
and. However. where an applicant demonstrates riparian or littoral
rights which will affect the location of the dock, the minimum
further deviation to provide for exercise of such rights shall be
allowed; and
Section 9. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3-601.D.1, Existing docks and lifts, of the Community Development Code, is
hereby amended as follows:
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Ordinance No. 8211-10
Section 3-601. Docks.
***********
D. E ?ti g seeks and !,'ffs c^d rRepairs of existing docks and seawalls.
Existing deeks and Iffls. New beat lifts pFevieusly permitted wet si
within the pFopeFty lines as extended into the wateF.
2 Rep- '
a1. Any repair made to an existing approved dock that does not extend,
enlarge or substantially change the location of any portion of the dock
does not require review and approval by the community development
coordinator however, a permit may be required by the Pinellas County
Water and Navigation Control Authority. If, however, such repair enlarges,
extends, or substantially changes the location of any portion of the dock,
such repair shall require the review and approval by the community
development coordinator prior to the issuance of a permit by the Pinellas
County Water and Navigation Control Authority. The review of a
substantial repair shall be considered a new dock pursuant to the
standards described in this section.
b2. If any dock, seawall, bulkhead, private bridge, or marina falls into a state
of disrepair and becomes a dangerous structure creating an
unreasonable risk of bodily injury to any person who may walk thereon,
such structure shall be either removed or repaired so as to conform to the
requirement of this division.
Section 10. That Article 3, Development Standards, Division 14, Parking and Loading,
Subsection 3-1407.A, Parking restrictions in residential areas, of the Community Development
Code, is hereby amended by adding a new subsection and renumbering the subsequent
subsections as appropriate:
Section 3-1407. Parking restrictions in residential areas.
A. Restrictions.
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
building line of the principal structure and any right-of-way line in a residential
zoning district up to a maximum of two frontages:
a. Boat in excess of 20 feet;
b. No boat trailer in excess of 25 feet:
bc. Hauling trailer;
sd. Recreational vehicles, travel trailers, motor homes and camping trailers.
de. Any commercial vehicle which measures in excess of 20 feet in total body
length, seven feet in total width or seven feet in total height, including
appurtenances, equipment and cargo.
ef. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar
vehicle not designated for street operation.
3. Parking in the side or rear setback. The following vehicles may be parked or
stored in whole or in part, in a side or rear setback behind the front building line
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Ordinance No. 8211-10
of the principal structure in a residential zoning district provided such vehicles are
screened with a 6 foot high solid fence, wall or hedge:
a. Boat in excess of 20 feet;
b. Boat trailer in excess of 25 feet;
C. Hauling Trailer;
d Recreation vehicles trailers motor homes and camping trailers; and
e Any race car, dune buggy, farm equipment, go kart, ATV, or other similar
vehicle not designated for street operation.
34. Large vehicles. No semi tFarater ,
to tr n peFt wastes E)r hazaF dour or nexieus materials The following vehicles
shall be not be parked or stored in any residential zoning districts:
a Commercial vehicles measuring in excess of 20 feet in total body length,
seven feet in total width or seven feet in total height, including
appurtenances, equipment and cargo are prohibited; and
b Semi-tractor trailer, truck or cab or any garbage truck, pump-out truck,
chemical truck, gasoline truck, fuel oil truck or similar vehicle designed to
transport wastes or hazardous or noxious materials.
***********
Section 11. That Article 3, Development Standards, Division 15, Property
maintenance requirements, Subsection 3-1502.G, Exterior storage and display for residential
properties, of the Community Development Code, is hereby amended as follows:
Section 3-1502. Property maintenance requirements.
G. Exterior storage and display for residential properties.
1. As provided in Section 3-9123 of this Development Code, outdoor storage is
prohibited. For the purposes of this section, carports are subject to the outdoor
storage provisions.
2. Equipment, materials or furnishings not designed for use outdoors, such as
automobile parts and tires, building materials, and interior furniture, may not be
stored outdoors.
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, shall not be
stored outdoors on a residentially zoned property.
4. Bulk items intended for pick up by the city may not be placed at the curb more
than 24 hours prior to the scheduled pick up.
5. Anv motor vehicle that is lawfully parked and is covered in a manner to protect
the motor vehicle shall allow at least the bottom six inches of each tire to be
visible. The required license plate shall be clearly visible from the right-of-way or
the license plate number shall be printed legibly on the cover with characters not
less than two inches in height so that it is clearly visible from the right-of-way_
Covers shall not be faded and shall be in good condition, without tears, rips or
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Ordinance No. 8211-10
holes.
***********
Section 12. That Article 3, Development Standards, Division 15, Property
maintenance requirements, Section 3-1503, Nuisances, of the Community Development Code,
is hereby amended as follows:
Section 2-1503. Nuisances.
C Violations of this Section may be enforced by action before the municipal code
enforcement board as "nuisance cases" or "non-nuisance cases" pursuant to the
corresponding procedures set forth in Section 7-102 or by citation pursuant to Code of
Ordinances Section 1.12.
Section 13. That Article 7, Enforcement Proceedings and Penalties, Division 2, Code
enforcement board/special master hearing procedures and Division 3, Remedies; penalties, of
the Community Development Code, is hereby amended by adding a new Subsection A in
Section 7-103 and relettering the subsequent subsections as appropriate:
Section 7-102. Code enforcement board/special master hearing procedures.
A. Notification of violation. Violations of Section 3-1503, Nuisances, may be noticed as
"nuisance cases" or "non-nuisance cases" under this Subsection.
F. Conduct of hearing.
***********
2. Presentation of case. Violations of Section 3-1503. Nuisances, may be
presented as "nuisance cases" or "non-nuisance cases" under this Subsection.
Section 7-103. Remedies; penalties.
A. Upon the issuance of an order of the municipal code enforcement board finding a
violation of Section 3-1503, Nuisances, any and all of the remedies and penalties
provided in Subsections B. through K. of this Section may be imposed.
Section 14. That Article 8, Definitions and Rules of Constructions, Division 2,
Definitions, of the Community Development Code, is hereby amended as follows:
Section 8-102. Definitions.
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Ordinance No. 8211-10
***********
Community residential home means a dwelling unit which provides a living environment for up
to 14 unrelated residents who operate as the functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical, emotional
and social needs of the residents. Community residential homes shall not be located within
1,000 feet of one another.
***********
Section 15. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 16. 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 17. 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 18. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 19. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
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Ordinance No. 8211-10