5754-95 ORDINANQFNQ�_ 754-95
N ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
T CODE; AM-ENDING
RELATING TO THE LAND DEVELOPMEN 9
VARIOUS SECTIONS W1'1"HIN CHAFTERS35, 36, 40, 41 AND
CODE OF ORDINANCES, TO REVISE THE ALCOHOLIC
BEVERAGE SALES REGULATIONS, ESTABLISH NEW
DIEFIN1117IONS, CREATE A,NEW APPEALS PROCESS, ESTABLISH
A EIA� "NIGHTCLUBS, TAVEPNS, AND BARS" USE, AND
ESTABLISH O l i n, USE STANDARDS; PROVIDING A
EFFECTIVE DATE:
E'1T'ORDAINED Y T E CITY COMMISSION OF THE CITY OF
CLEARIMATER, FLORIDA.
Section 1 . Section 5.1 1 , Code of Ordinances, is amended to reads
Sec. 35.11. Definitions.
ThO,followilng words, terms, and phrases when used in this development code, shall
have the meanineg's ascribed to them in this section, except where the context c learly in is tes
a different meaning:
"Alcoholic bev,eligge sq1es use area" rr rnea,ns the floor area dgvgtgd to sale or service of
alcoholic bevgLNes.
"Civic der ter" ggeghs a b0lding_or ccrnDllex of buildings that contain public or oublicl--
onscred n,� € nprrQftt 1 MIMPationai
athletic, convention,, gr entertainment uses.
"Convenience: stqLe''_Mt3,aqs any. x t it stabl sh ent offerina for sale Q c
o ehal Cji te rd ri y its. food
argduct it cid ntal sees of cooked fcaod r site- reo�red food rgadv fnr ser,,i-- off-^r°
an( sirnilar items.
"Delicatessen" means acv rEtail establishment that is primarily-devoted to the selling
of cooked food or site- Dared ford ready for serving on the yrernises or of L.-pre with
only incidental sales gal: gLgger d non-food items.
s
Njgbt(Lj_qt& 5yerns and scars" means_ariy facilitw licensed by the State of Florida for
2n )tion g alcohol w beverages not otherwise defined herein as a restaurant_
01 {p t
Restaurant"' means a business providing for the preparation or sale of
food or drink for consumption by customers on or off the premises, but excluding facilities for
non-cdrnm rcial and incidental food service within grocery stores and delicai:ess ns. Are
s a isN ent s r it plcoholi(Lk y ra (le-shq[ibe c€ nsi. red to b a res aurant if a' ercenj
or more f t�rossA,9.les>ret oeiots ara for the sale of food nd�nonalo�ho-l-ig z�e ra e„ . sf'
ere r e no,,p akaAls l h:l$ bras are if n rnor tlar lis f G ;
ros_floo araa of1L estb#isr�ent u dated fo aitinL, _ pr r�tert ,rpt
are.., r otherrat:ere 1to�i e�9eres are sires tit +lerethr�rr�� a
Arm ra t-teal€,�t seLn Jt
"Retail complex means" two or more retail uses coratair��nu cmuLaiti
area of 000 s d re f; located;on the same property. In cases ��,herg i�p�°e haiLL(p €I e;
ire located i algLail rno not more than ten oercent of the teal orss Haas a ° f the
pcmplex shall be_dgv ttt d to restaurant. riiq_ht lub� taverr. or bye or piackp_q ;sales s(L eLe-,,9t_
erg ` ctio s 41.071 - 41 .0174.
a r r' in ..�
"Shopping center' r eans<a group of five or more commercial establishments with an
overall floor area of at ierst 25,000 square feet,such establishments being planned, designed,
developed, owneds and managed as a unit. Not more than 15 Dement of the total �oss floor
Area df the sb2 inc &,eater shall be 'devoted to restaurant niahtclubL tavern or bar. or
ackaae sales uses exia I as RL ovided in section X41 .071 - 41 .074.
Sectign 2. Section 36.065, Code of Ordinances, is amended to read.
Sec. 36.065. Appeals to hearing officer �r oity cos�a�ns�i�n.
(1) Purpose and exception.
Lal It is the purpose of this section to provide an administrative process for
appealing decisions rendered on variances or conditional uses by the developtnent code
adju tment board and the planning and zoning board, respectively, prior to any available
recourse i a court of �c�'jv in, particular, it is int��°csarsed that such .,:. monini...arati... t:_r [__
_ _ _ _ [...,.,.�...�...».p .w tea .u46f e`7 a:A[i[[IAI.7 LL®Ltl 1l [f:"IA3s[ a,4
yam[o,Audau in the rnos,t professional, objective and equitable manner possible through the
appointr ent of a hearing officer to adjudicate scatters as provided in 1 s sectiar�. The
function of the hearing officer is to serve as the second stop of a two-step administrative
process relating to variances and conditional uses. `l~`he review of a board decision by a
hearing officer shall not be required if all parties in interest are satisfied with the board
decision, but no party ,shall be deemed to have exhausted his administrative remedies for
seeking judicial review` Lmless the party first obtains review of the board decision by a hearing
officer as provided in this section.
LbI As are e tip o trae for a c raclofii anal use rie qi_i�acar;s rendere f
2
g le€ r in and z it Board re din : sale of aof Lo dge ev r a �s s iB wje de to
the cite commission. A011,€ f the f olIcAi9jUgovisions and reauirernents rei tips €o ii iat
filing. aclr Linistra°ti e res onsibiliti s. conduct of hearing end decisions shall re; q:tn tlt1 e same
end shall - t i;i t the Apperlate aut dr,�, �.t p )sw e vested i t
commission rather than m hearing d^jf-si 'r.
ecti n . Sections 40,323 and 40.324, Code of Ordinances, are amended to read:
Sec. 40.323. Permitted uses.
Within neighborhood commercial districts, only the following uses and structures
designed for such uses shall be permitted:
(3) Restaurants, exceht as rovided in section 40.324;
(1 5) Accessory usesj.n i dit certain sicohoiic de�°�ra e sales uses �s__�ecifi
sections 41 .071 and 4,1 .072.
Sec. 40.324. Conditional uses.
Within neighborhood commercial districts, the following uses may be-permitted as
conditional asses,
(1) Business services;
(2) Restaurants s feet of a church or
as school or with outdoor seatina where the service area is located within 200 f et of a
residential zone;
(3) Packagit. :Aalc holic beverage sales (package sales);
Section 4. Sections 40.343, 40.344 and 40.345, Code of Ordinances, are anna zded
to read:
Sec. 40.343. Permitted uses.
Within the North Gireen ood comrn€;rcW district, only the following uses and structures
designed for such uses shall be permitted:
(3) Restaurants,exc t as provided in section 40.344:
3
Accesso ry lusesLingludin e certain alcoholic be rer ge sales as ss spei a l
actions 41.071 and 41.072.
Sec. 40.344. Conditional uses.
Within the North Greenwood commercial district, the following uses may be allowed
as conditional uses-
(1) Business services`
( ) Outdoor retail sates, displays and storage;
'31 !i htcI bis, taverns and bars: Ate° e --e e 4
(4) Pack, �' lcoholid beverage sales (package sales);
jai Restaurants serving alcoholic beverages located within 200 feet of a church or
a school or with outdoor seating where the service area is located within 200 feet of a
residential zone:
Sec. 40.345. Use limill: tions.
The following use limitations shall apply to the North Greenwood commercial district.
(2) All Eilcotiolic b Verege sales shell comply with -the terms contained in section
41.07°
Section 5. Sections 40.364 and 40:365, Code of Ordinances, are arnended to read:
Sec. 40.364. Permitted uses.
Within beach commercial districts, only the following uses and structures designed for
such uses shall be permitted.
(3) restaurants, e ce at as Drovided in section 40.365
( ') Accessory uses, inclUding_certain alcoholic be__ §ra sales w€ s es snE cified irk
sections 41_.071 and 41 ,072;
i 10? Art galleries/studios.
4
Sec. 40.365. Conditional uses.
Within beech c 31inmer ia• i districts, the following usi;s ma be permitted conditio jai
uses:
( ) Outdoor commercial recreation/entertainment
(2) i lit l�bEi taverns_ std tam
e p
(3( lac ace 4wlcoholic beverage sales (package sales);
( ) Utility f cilitiesi
l
estaurAats serving alcoholic heyere es l:��atad jithi t 200 feet of a c�hurcY or
school or with autc c't r seatigg_Where the service area is l at d,Maui hin 200_f t k
residential zone.
Section-0 . Sections 40.333, 40.334 and 40.385, Code of Ordinances, are amended
to read:
Sec. 410.383. Permitted uses.
Within resort commercial 24 districts, only the folio ing uses and structures tjesignod
for such uses shall be ',permitted:
(4) € estaur nts, when conducted as a principal use or as e use within a retail'
complex, shopping center, or hotel/motel containing 100 0 or more rooms. A restaurant
containing not less than 3,500" square feet of gross floor area shell be permitted in a
hotel/motel containing lass than 100 rooms. See section 40.333 for e2f,c;es�tions,
(10' Accessory uses, including certain alcoholic beverage sales uses as Lc fie
sections 41 .071 and 41 .072
(1 1) Art galleries/studios.
Sec. 40.384. Conditional uses-.
Within resort commercial 24 districts, the fallowing uses may be permitted as
conditional uses:
(1) Business/professional offices which serene the tourist,
('2) Nightclubs, taverns and bars,
e ms- its E�t�
Pf eff �
(3) Package �k lboholic beverage sales (package sales),
5
( ) Utility facilitiesi
JUO Rest6usran is r it a1c2h o is bjyKm q s�loca eg Act in 200 feat of a church 0r
� m ,�
school or v atb . ut ��Lr sestina where the service area is located within 20 feet of a
re i r pal gone.
See. 40.385. Use liafatio .
The oils €ng use limitations snail apply to €-esort comet rciei 24 districts:,
(2) All alcoholic beverage sales shall comply with the terms contained
in section 41.07:1 .
a el� �-:�
lei
i �
Section 7. Sections 40.403, 40.404 and 40.405, Code of Ordinances, are amended
to read:
Sec. 40.403. Permitted uses,
/ithih resort commercial 28 districts, only the following uses and structures deli n
for such uses shill be permitted:
(4) Restaurants, when conducted as a principal use or as a use within a retail
complex,' shopping center, or hotei/motel containing 100 or more rooms'. A restaurant
containing not less than 3,500 square feet of gross floor area shall he -permitted in a
hotei/motel containing less than 100 rooms'. See section 40.383 for expeotions;
(1 1) Accessory Lies including Carir4 a9rni�nlsr^ 41a�gpArn® c�9as o.n®e �•• ••••••• :s: _a
.._... _fl _ .r�ui uu..a uJO .�.cas GF-�'��i ytlilrti'l::tl !t:{
ections 41 .971 amd 4�®l .���,
(12) Art galleries/studios.
Sec, 40.404. Conditional uses.
Within resort commercial 28 districts, the following uses may be permitted as
conditional uses:
(1) Bus iness/ rofesuiopnal offices which serve the tourist;
(2) litlend bars; A - ;
6
4�
) E!a_ Vii: Aalcoholic beverage sale (package safes);
9 Utility facilities;
e a �€� nts ervill alcoholic`bey+ tac�es:located within 200 feet oloi�, €Lr_ci^...�?r
r with ,oa tc oor :seatin here the service area i loc ted within�20 =feet of a
Sec, 40.405. Use fir itatio s
The olio ing use limitations shall apply to resort commercial 28 districts:
(2) All alcoholic beverage sales shall comply with the terms contained a • of
in section 41 .I 71 . Ar
ham°
e tion 8. Selctions 40.423 and 40.424, Code of Ordinances, are amended to read:
Sec. 40.423. Permitted uses
Within general l commercial districts,:_only the following uses and structures designed
for such uses s tall be permitted
(2) Restaorants. except as oro ided in section 40.424;
{1 Accessory i es "i, n iudsng certain alcoholic beveraae safes uses as specified in
(1 6) Art gal leries/studi s.
Seca 40.424. Conditional uses.
Within general com mercial districts,the following uses may be permitted as conditional
apses;
(1) Indow storage and/or warehousing;
t2? tir� i li � i6_,.sags, r a s - i —e
,7
(3) RggLkjc4.Aalc holi bever��q sales "package saies);
(15) Utility facilities;
nest ur is s rvrr' a4cotiolic beverages lq ted within .- , ' g,1; ,jq- )-
school` or � ith doo-r eatirs �rl°�er� h Br a e area lest. d ri lhin 2 0_
w
w
residential zone.
1jectian 9. Sections 40.433 and 40.434, Code of Ordinances, are amended to read:
Sec. 40.433. Permitt d> uses
Within Infill Commercial Districts, only the following uses (and structures designed to
sPrVe such uses) sball be permitted;
(3) Rest au ra nits. exceot asorovided in section 40.434:
( 3) Accessory uses, includinq certain alcoholic l v 1�s Nees � ifi c in
s ctichs 41;07`I ar,d 141 .072.
Sec. 40.434. Conditional uses.
Within infill cornmercial districts, the following uses may be permitted as conditional
uses:
(1) Indoor storage and warehousing.
f } NLghtclu s� taverns and bars.
(3) Package Aalcoholic beverage sales (package sales'),
(1 r) Utility facilities.
l t r '::�°�� aster�rieg c8r��€�lt�°a!€ ° rages located 5A ithiin 200 feet of ca c'�ry 11.,, or
school or, with outdoors seatin where the service area is located within 200 fget Yf 5
residenti l zone., ---
Section 10. Sections 40.443 and 40.444, Code of Ordinances, are amended to read';
Sec. 40.443. er fitted uses.
Within highway commercial districts, only the following uses and structures designed
for such uses shall be permitted:
8
( ) Rest sursn ts, ex ce providad in siectio AAA-
(14), cb ss r u in ludin ,,certain alcoholic beveLToLeL sales uses p �gifie_ .I�)
sections 41°071 and 41.072.
(1 5) art gall IriesIstu €o ,
Sec. 40.4 and°atignal uses.
Within highway commercial districts, the following uses may be per feted as
conditional uses:?
}
Transportation stations;
f2, Recreation vehicle parks;
(3) NightblW.t§I,, taverns and bars,1 -
(4) Pa lCla e lc h¢ lic beverage sales =(package sales);
14) l..ltilit; ' facilities)
Ll 51 eetauc its serving alcoholic bsM eras es located within 200 feet of a cUL 1 h cr
school or with outdoor seating where the service area is located within 200 feed
residential zone.
Section I T. Section 40.463 and 40.464, Code of Ordinances, are amended to read:
Sec. 40.463. Permitted uses.
Within commercial center districts, only the following uses and structures designed for
such uses shall be permitted:
(2) Restaurants,exce j: as groq °id d in section 40.464,
l 'i c d :,a_(� Accessory uS�aL 97Gl t n certain nhcliT
sections 41.071 and 1 .072;
( 1 Art galleries/studios.
Sec. 40.464. Conditional uses.
Within commercial center districts, the following uses may be permitted as conditional
uses:
(1) 'vehicle scirvice;
( ) _Night.clut1s, caverns and bard_
131 acl. alcoholic beverage e sales (package sales);
(9) Utility facilities:,
11.Ot tarant s r ir�alboholic beverac s located within 200 f e o �,.. ua ,r
sch aci �ifh _:t for seatin 41re the service area is located within 201 feet of a
reidntigi zone.
actin 12, !Sections 40.484 and 40.485, Code of Ordinances, are amended to read
Sec. 40.484. krniftud uses.
(1) Withih the Bayfront subdistrict, only the f 011OWing uses and structures Assigned for
such uses shall>be permitted:
(b) Restaurants,t rdicl� d in satian .45a
} ,+a xm�ory uses, ir�giudin d rtain lcohoiic bevera e sales uses as s eci ied in
sections 41.071 and 1.0,12;
In) Art galleries/studios;
$o T w.n:houses,
i i Within the fore subdistrict, only the following uses and structures design d f r
such -uses shalt be permitted.
ibi Restaurants,. e�ce�t as �rb��ded in
(bb) Accessory uses. including certain alcoholic beverage sale,uses as snecified in
amt:tions 41.07 j and 41 r0 2:
(cc) Art galleries/studios.
(,I)i Within the Eastern Corridor subdistrict, only the following uses (arid structures
designed for such Uses) shall be permitted:
ib Restaurants. xc t ai s provided in section 4,485.
10
I A.11�36 Accessory &wiC.,S«p w kq".,t*.f.ExC Yu'E
certain 3axR �t t ..,.. , gt8'ca�,ca d '
sections 41 K g7i and 41 ,,072.
(c Art galleries/studios.
( ) Within the Trainsition subdistrict, only the following apses farad structures deszigned
for such uses) shall be permitted:
Restaurants, ex
M Accesso y'us ,_aa�c ludinc ert in alcdholaq Levee qgg sc e§ rises as,s egg fi d. irk
sections 41.071 and 41.072.
Art g'llerieslstudios:
Sec. 40.485. Condltiphal uses.
(1) Within the Bayfront subdistrict, the following uses may be permitted as
-onditional rises:
(a) Transportation stations.
(b) iht;lbs taverns and bars.` a°
(c) Bestauracla?ks serving alcoholic beverages with outdoor seatin )4,here thc�service
Area is located within 200 feet of a residential zone 4a,
(2) Within the Core and Eastern Corridor subdistricts, the following uses may be
permitted as con itioh al uses.'
(a) asc, taverns^ and bars. ; --e �
( Macke&e Akal oholic beverage ;sales (package sales).
(rn) Utility facilitiesi
Lnj estaur ants ser iang lcoh lac beverages with outdoor seatin_where ttIp service
area is located within 2(10 feet of a residential zone.
( ) Within the Transition subdistrict, the following uses may be permitted as
conditional uses:
Lai est urn njl serarin_ alcohc)lic beverages located within 200 feet of a church ch oar
sysa® awaaa rasa 'r�,' df1 he service are; ! located within 200 fe t of c
residential zoo
Section 13. Sections 40.5 03 and 4 . 04, Code of Ordinances,ances, are amended tkc read:
Sec. 40.503. Permitted uses.
Withine limited industrial districts, only the following uses and structures designed for
such uses shall be permitted.
( ) Restaurants_. except as troy ded its section 40.504;
(12) Accessory uses including certain alcoholic beverage sales uses as spec,rLffiqO j in
sections 41 .071 and 41.1072
(1 3) Utility fac lities.
Sec. 40.504. Conditio rial uses. ;
Within limited industrial districts, the following uses may be permitted as conditional
uses
1l Vehicle service.
(2) Outdoorl retail sales, displays apdfor storage.
(3) I' i htclu a I taverns ,arid ears.
(4) acka_e Aalcoholic beverage sales (package safes).
(s) Child ,day care_
Restaurer is servi i alcohoic beverages located w"hih 200 feet of a ci urch or
school or With outdoor se in where -the service area is located within 200 fret of
:.a b: a _ __
Section 14. Sections 40.523 and 40.524, Code of Ordinances, are amended to read:
Sec. 40.523. Permitted Cues.
Within research, development and office park districts, only the following uses and
structures designed to serve such uses shall he permitted:
12
�.s .�.F*�.�"a��.�.i,�•:a"U am6.."CYC i4'lf".�Y 3t�iY1P1t r+r r. xs " —
Sec. 40.524. CondlVonal uses.
Within reseal,ch, development and office park districts, the following uses may be
permitted as conditional uses.
(a) Reg _n/e&l. e Fage-se4e&4eonsi
eat 1 5. l �,c,tiors 44 and 40.545, bode of Ordinances, are amended to read:
Meow 40.5' a Conditional uses,
Within public/semipublic districts, the foilowing uses may be permitted as conditional
uses
(1) Nur,sirli homes;
(2) Transportation stations;
Marina facilities, including commercial and office uses associated with marina
facilities;
(4) alcoholic beverage sales (consumption on premises 0�1Y): in conjunction With
a fraternal organisation, marina facilities, civic center, or a student centers
(5 Ch i ld d< �� care;
(6) Cornrridreial paring;
(7) Residential shelters.
Sec.`40.545. Use limitations.
The following use limitations shall apply to publiclserni public districts:
( i, Alcoholic beverage sales shall comply with ail applicable provisions of section
41,07-1
Pction 1&. Section 40.564, Code of Ordinances, is amended to read:
Sec.'40.564. Conditional uses.
Within open space/recreation districts, the following uses may be permitted as
conditional uses:
(1) Restaurant and indoor retail sales, in conjunction with a golf course,
%2) Alcoholic beverage sales (consumption on rernises)E in conjunction with a golf
coarse or civic c ��t r,
13
tips . Si ction 42.34, Code of Ordinances, is amended to read:
Sec. 42.34, PafkIng.
Off street parking spaces.
(d) Schedule. The following shall be the rninirrium number of off-street parking
space required for ea , E lard uses ac tivity� 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 t. 9 space shall be rounded
down to the nearest Fhiole number and any fraction of one-half (.5) or more shall be rounded
up. Parking spaces required on the basis of building floor area shall apply to grol, floor area
unless otherwise ',spe lfied. Parking spaces required for employees shall be based on the
maximum m 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.
2. Retail sales and service uses.
e. F$�;staurants�, s,
t o ��Qne parking space:per 100
aware root of gross flour area including any outdoor seating Brea.
. iht €ups. taverns anc bars: one prkinssace oar C3 square feet.of
roes f!go L area includip s ^ do
tar seatin .
8- ion 18. c"don 41 .053, Cede of Ordinances, is amended to read:
Sec. 41.053. Supplementary standards, by category of use.
The standards in this section hil-h apply to the identified category of use shali
supplement the general standards of use identified in section 41 .052. No condit€on2l, use shall
be authorized' unless determined to meet all of the standards applicable thgeretc,.
9�
ail h c � v bars riLa e rni ted g hin Ile a
orth q �Ljo d
�»rmip� s,x '� �d l�i� t t � �. d�fi�rt.�3�€ =�Ic ia.�f� i � P�S���L
_.
r3 cp tVia' front,.���� �,� ter
cc ° loran IeE t trn c rrld �r �a d ignited inrlustrir l zorr trlcts�w Onj et el iinatipn,.t
a. c_u ee orr lies with all the aye aerai starad� rds f a r rov i
lasted in sections 41 .033 and 41.052; aLn
! The uses Loss,noLco atri L tta erg ih c t srwi t co „€ cra ratao of sa�ch!.fac_ ilities
as judged th use, t�c oerti �r e � �
gefm fl: of the rogos d, use on ogbfic fefi. g g tenti l @ffe t of the,prp,pos(d �asc g
e id ntial. church. school and park uses within Q_Q few boa��s u _as of thi�secticra,
this rraeas reMen hd�ll be from the € r'90 lire of s�aroperty core }rira tho g1c��I� olio
beverage use to the closest pr6gerty line of each of the listed cspsm ands
C. The use is;
1 , located on`a pagsengeC vessel licea gad b%, the state tg sell e€c —fi .
t evei ales 'on �r hich aalcoholic beve Ries are served on e after the vessel is under�N ay. or es
not located within 560 feet of a cot,rrorming church school or nark use, zone, or
similar alcoholic bevlragg use; jai
2. Located within 500 feat of a corafo aLk rise-.
residential zone or similar alcoholic beverage use but its located in the Urban 'Center district
or is se Da rgted fromth se 'uses by�r�� lit- � ,�� _ot= 1 o�° raiore feet ira width; o�
3. located within 500 feet of a conforrrairaa ctt���.park use
residential zone, or similar alcoholic bev rage use but the applicant demonstrates that there
are conditions which ggb unique to the ro ert� such as structure and site design, prop ty
location and orienta s n, or the particular oh alcai x rruhdira sue. shapes or too ra hical
conditions of the crcDgrty) that arrant granting .'the conditional use oer�ai_ and
d. The dgmonstrates that the potential negative impacts of tt�e use are
mitigated 'by the e. c t features of the structure qg ant shall
address the folloWin issues;
1 . Structure design-,entrances, windows, exterior service windows and
loading 511hal' be vrianted] so as to rninimize frT1Dacts on adiac nt prooert!les.
.. l�Lpe of entertainment and hg rs of �Meration - shall be cgm_pctih—1,s it
surrounding uses.
3. Provision of buffers, s perimeter landEggpi,a� s'hali rajee't or e:&reed the
standards of section 42.27 to the extent allowed by site deli
4. Site desigE! - the olicant shall_pee ificallgr demonstrate that the site
design as deterr girl i1 such factpr,a egtation., outdoor seat utdoor
or d p eakgrs, e� tna,lh grad ac qss and loading area (( esi. n and
_parkingloqation, buffers, 15
location. is._compatibjEe 1 EF8f 1 .ire" .'"k£mw......1r1cL,��S-0.
#i ational Liem"e r_OmA alp olive a rtmq!r~�t
bac around check o11 t 2 @p lic n h a r sari vpia is r l
license for the gs n,
f.
iritheh commercial � rs2rc essi destricts.riritcs 3�
bars shall onl4 be i rr�sitt ire delioates ens r ar-
n , ±,oMing, cent r�or ho I�sfrra 1�
consist rat rr+rith h rcLv isicns of section 1 .t a 1 e ce e at ear arrsion of alcoholic surer
steles rea on ncLe., of h s, .ne&a oVtj!_rsni z fgLe2gsbn roc rrriing,. hg�lq; a err
grid sr uses r�ra be c,r nsidered: and �
lr the €�r h reenwood :ort rx�ercral'district, ado i),w ni Iohgavera;sd bar
Uses shall be all Wired �rrt e �aansoon of a1cohdli- c��era�e
gv n rShio fore istir r htclub, tavern and bgj used_ av he cpnsjderedI,.
J221 1A ackac€ache i alcoholic beveraoe sales av b��ermitted within the'nei i boncood
dornrnercial, Jorth L;nwood commercial. beach commercial, resort nornrnercia!I enen I
cornrher i infili ,ornrnerciol. highway cornmercial, c€arnrrieecaa@ canter urban cer`rg care
urban center eastern corridor), nd limited industrial zonina districts ur)on determination that:
a. `the usg coMblies 'with all'the general standards for conditional use 'aor)roval
listed in sections 41 .033 and 41.052."armed
. Th ,uses floes not contribute to a,�r inaoa_r ate concentration of such facilities
as iu aed bv the umber of similar fa�il�tse� a�rsthin 5� feed of she �ro�sosad aes��--�=f�g oo teritial
effect of the sprdt�os y.�se on public safet and the p ter2ti l effect of the DroDose-d use on
residential church school and park ci s itl ird f 1=dr the t�uraa�oses of thi:a section,
this rneasdrernenI stiaLll be from <t �the alcoholic
beveraae use to the clo gst g ooerty line of<each of the listed gases° area
C. The use is:
1 . Not located within 500 feet of a conforming church, school _peCrK us
residential zone, or similar alcoholic bever ce=use: or
Located within 500 feet of a conformina, church. school or arl� uUe�
r esider�iial zone o�resi.rnifiar alcoholic, beverage use but is: Located in the Urban Centqr ail-strict;
....c,w4.rast frog.:-from.
y
3. Located vaLithin 500 feet of a confor ing church, school or qrk use or
resid ential zone or °irniii r alcoholic beverage use but the applicant demonstrate: that the
ootera gal negative eff at� s of the use is mitigated by structure design (including location of
entranges, win s aai d exterior service windows Io4dinc entrances„). by hours of r eration.
by site design finclui r3c� building orientation, oarikin looafion buffers. site 1 r�in�p arld
access and loading are4a design/locatiorrla and by other relevant factorsLgs deterrnirIgd by the
hoard• and
16
f�. 1 app'$cant demonstrate, $�3 P�" 2t'g�retr i ric a" c�tru ii`Ti�Ja7c�S OJ ;��3�� —e- rf.
rrmitiaated by the desi} ) features of the structure and site. Specifioall• I:g a , ELtjq at
address the Qj!gW bg is!Suesp
. . ucture desk - ermtrarm e G wi• indo exterior service i�� s rs gc�mcl
Ic direr t �.; I j e oriented so as to rrd irnm e arrr acts or, !jd cerjt r o err. w
2. ,T Le of ent rtJin mint and bm qrs of orations a�malr I� corn tj- e witl"6
surroundinct uses,
. Rrovislon of buffers - oerimeter lands it sta.all rpeet or e aed thE,
standards of section 42.27 to the extent allowed by site desi g
4. cite dcsian M the apWicaynt shall Mecif tally dernonsl:La e t tat,�tne s6te
desigr. as determine b such factors as building orlentat� n� outdoor seafinr,, ogIdaor
Idud eakera, parkina gcation, buffers. site lighting, and access and loading area des�d
lccatiorm, is comprtibl kith surrour€ding uses: and
a All;occu„ cation l licensceaaDDroval standards, includ,n the p2g2d� e ant
bat round check of the eo l�ajca t, shall be r#met prier 'to the issuance cf al OCCLipatsormal
fcense for the use. and
f. In beach c:,om merciai and resort commercial zoning districts, the use shall only
be oerrrmitted in delicatessens or in shopping centers or hotels/motels consistent wits
provisions of aectron ' rl 071 e cgpt.L at ex ansion of alcoholic bevera e sales area and
chances of business OINnershio for existincl�nonconforming backage sales uses may be
considered. Not more than five o scent of the Gross floor area sahala be devoted'to tale sale or
display of packaged alcoholic beveraaes in delicatessens a_nd
In the forth Greenwood'commercial lddistr qty no rmewpack'a e sales a�se��sl��ll
be allowed but ex�nsign of alcoholic beverage ales area and changes of business ownership
fore istina rackaae
21 les uses may be considered..
x.11 Restaurants and accessory alcoholic beverage sales uses serving-al oholic
beverages located within 200 feet of a church or scfmool may beperrnittg in the neii�gt boncood
- --�--
commercial North Greenwood co mrrmprcialr beachr commercialjesort commercial 24, r�Ws�a
commercial` 2-q, dermeral cornmer l commercial
center, urban center (tr, rm itrorm , nC l'irl8i Attu$ fl a�a�E ti t ¢?� ;a,a �t ��l at�vvsri
a. The use complies with all the crerj,e�`al standards for conditional use pmo al
listed in sections 41 .033 and 41 .052; and
b. The use does not contribute to an inappropriate concentration of such facilities
m d ee@ b tl re �rurm�l r�r of similar f acilities ithin 500 feet of the prorosed use, tt e otentta
effect of tl see gro s led Lrse on publics tg -and the potential effe t of the propos Ld use on
rss'sdent church, c �oc�l ant rr uses 4 �itl�in7�feety for tl�e t�uroses cf t �ssectiorm,
this rmreasr rerrment sh I� e fro ti e fro esty lure of�l� r� e�ntairEin ttLe cormolic
l._._
17
MIMI4
be era e use L: i glow t a—roopgy line of each of the l steq useandl
aip c ant , err onstrat s. that the Dotential negative effects of the use is
miticiated bv stru t re d ' i ""� v4a_cl di^t L loca':,ion of entraraces j;_indmys an d e ter'or ifa ',
windows toad qrances by h guirs f operation, by site esi l in l uil i
orientation arkin � locations buffers, site 1�l tir _ grad ayes bra l a�� iea� -urea
4L-.sLm4DLj2uc-_qtiqOL anal b o heir relevant factors as determined bw the b-go rd;:a—n
a The a Hcant demonstrates that the o tential negative irr.nacts of t!I. e use are
Kati gate ,n b, he design features of the structure and site._ See ificall A thg d l' ant shell
ddrs tie follcn issues
1.. Structure;deli _n - entrances, windows, exterior service wir,&1y's_gnd
lo a entrance 2111 be oriented so as to minimize iMpacts on adiacent roraerYi s.
2. T e`of eWcertainment and hours Qt operatiora� shill be �.�r� atibl�e with;
surroundirig gses. .�.
3. : ' d the rovision of bufer - rerneer lardscapr shall' cxcee
standards,of section 42.27 to the extent allower b ete des!-2n.
4. Site design - the applicant shall.s ecificallw;demonstrate thijt t1he site
destpn, s detgrnined b such factors as broil inc orientation, outdoor seatinc , outdoor
loudspeakers, parkin Lloca iora buff era�site lightina, and access and loading a� rem s��esi�ra andl
location, con patible with surcggp n ua�nd
e. All oc u ational,license a royal staradards incluc in the Pgkce dl�! 11MLP nj
back q roqjd check (y the a Tlicanto shall be met prior to the issuances of an ccic a ional
license for the apse.
JZZ.21 Restaurants and accessorw alcoholic be�aeraq�sales uses serv'sr�c- alcoholic
beverages with outdo r eating where the service area is located within_ 200 feet of a
residential zone m9K b e I North Greenwood
commercial beach commercial 28- eneral
commercial,, infall commercial highway commercial cornrnercial center', urba n—center
a front), urban ce a er (corely, urban venter (eastern_ carri dor = urban center,(trans iticn, _ n
limited industrial districts Igbiect to the following:
a t - p and overall site design are compatible with si.-srrounding
c,ra��&� 53`r operation �a
uses._ as deterna entation, outdoor
roods {eskers buffers or screen n > site li ah��in , hjairs caf_operation a��a�access.
Lbj The use complies with all of the L�eral standards cantairLed in , tLseqtion
of this section.
Section_19. Article Ill of Chapter 41 , consisting of Sections 41 .071 throug h 41 .0921
Code of Ordinances, is repealed and a new Article Ill, consistsnq of Sections 41 .071 through
41 .074, :ode of Ordinances, is created to read.
18
ARTICLE wa.. w-7 e..,c.n u,rp a O a_e♦..± i.F LDOEa 1FY 1.J,9fw
sec. 41.071. urpose; applicability and approval process.
(1) , Purpose. It is the purpose of this.arts�Je to specify the applicable approval
Procedures f 'iny new, change of location, _expansion of alcoholic beverage sales area,
change of bu—ness Ownership, or .change in type of use for alcoholic beverage sales uses
within the-city. The requirements of this ,article, supplement chapter 6 and all applica ole
provisions of state lavmi„
(2) Applicability and approval process,
(a) For permitted,uses,
1 , Restaurants. A freestanding restaurant rneeting,the defini of "reistaur r?t"
in section 35.1 and allowed as permitted use in the applicable zoning district shall not be
required to obtain cos ditionel use permit approval for any new, change of location, expansion
of alcoholic beverage 5s lei area, or change ^f business ownership regardless of whether the
restaurant 'serves alcoholic beverages.. Fig aurants located in retail complexes, shopping
centers, and hotolsiImotels shall be governed by the provisions of subsections 2. and (b) '
below.
2. Accessory uses. Alcoholic beverage sales establishments,including restaurants,
nightclubs, taverns and bars,and package sales uses may be considered accessory asses under
certain circurnstancF>s as specified in section 41 .072. In such cases, no conditional use
permit shall be required for a-ny new, change of location, expansion of alcoholic bevesrage sales
area, or change of business ownership for these uses:
(b) For conditional uses. For restaurants,nightclubs, taverns and bars, and package
sales uses not classified as permitted uses, a conditional use permit shall be required for an
new, change of location, expansion of alcoholic beverage sales area, or change Of business
ownership involvingth e se asses subject to the applicable general or supplementary conditional
use permit standards. For restaurants, nightclubs, taverns and bars, and package sales asses
that may otherwise qualify as accessory uses under section 41 .072 but exceed the floor area
limitations of that section, the following provisions apply.
1 . Package sales uses located in freestanding, retail establishments containing a
minimum gross floor area of 25,000 square feet that exceed the five percent cumulative loor
area limitation may be allowed upon approval of a conditional use permit by the planning and
zoning board su iecttothe apse-ral and -stip49s pf�'1et`i9ary e?�gneJnrr1e ref onnrras,�l nc m,+�,z,4.- �+sr+3e.�.,v.•.
• "" ..,...
_V".-,.31 COS 01"10 t PGa v ai.O"
sales uses'.
2. Restaurants, nightclubs, taverns and bars, and package sales uses located in
a retail complex and cumulatively occupying; between ten and fifteen percent of the gross
floor area of the retail complex may be allowed upon issuance of a conditional use permit by
the planning and zoning hoard subject to the general and supplementary standards of approval
for nightclubs, taverns and bars (for restaurant or nightclub, tavern and bar uses) or for
packages sales (for package sales uses).
. Restaurants, nightclubs, taverns and bars, and package sales uses located in
19
'47h
shopping center and curnulatiyely occUpying between 15 and 20 percent of the gross floor
area of the shopping center may be allowed upon issuance of a conditional use permit by the
planning and zoning board subject to the general and supplementary standards of approval for
nightclubs, taverns and bars (for restaurant or nightclub, tavern and bar lases) or for pack ge:�s
sales (for package sales uses).
r Nightclubs, taverns and bars, and package sales uses located in hotels/motels
containing a minirnuim +,.)f 100 units and cumulatively occupying between 15 and 2I O percent
of the percent of the giross floor area of the hotel/motel may be allowed upon issuance of a
cond(tional use, perrrrit by the planning and zoning board subject to the gehert-1 and
supplementary standards of approval for the applicable use.
Sec. 41.072 ccessory uses.
In onincg districts that allow indoor retail sales or hotels/motels as permitted or
conditional uses, restaurants, nightclubs, taverns and bars, and package saps uses may be
considered accessory uses when located in freestanding retail establishments, retail
complexes, shopping centers or hotelsimotels if the followving requirements are cream, and tile
races 'is not located wi#:rain ' 0 feet of a church or school or there is no outdoor seating
proposed where the service area is located within 200 fret of a residential zone. Under these
circumstances, no conditional use permit shall be required every if the use is listed as a
conditional use in the applicable zoning district. If the use is located within 200 feet of a
church or school or Outdoor seating is:proposed where the service area is located within 200
feet of a residential zone,, a cc:_Jitional use permit shall be required for any new, change of
location, expansion of alcoholic beverage sales area, or change of business ownership even
if the use is otherwise eligible for consideration as are accessory use; such review shall be
pursuant to the supplementary standards of approval of ,section 41 .053(27.1), Parking
requirements for such alcoholic beverage sales uses in freestanding retail establishments
containing a minimum of 25,004 square feet of gross floor`area, in retail complexes, and in
shopping centers shall be ealcuiated as though the floor area associated with the alcoholic
beverage sales uses otas devoted to the principal use of the building. For other, alcoholic
beverage sales use?- regarded as accessory uses under the terms of this section, parking
requirements shall be calculated independently and shall be cumulative.
(`l) package sales ,ases located in a freestanding retail establishment containing a
minimum of 25,000 square feet of dross floor area may be considered accessory rises it not
more than five percent of the total floor area of the retail establishment is cumulatively
devoted to package sales alcoholic beverage sales floor area.
(2) Restaurants, nightclubs, taverns and bars, and package sales uses located in
��� : z.orr ales may use c s sgcaereo accessory uses if the cumulative flour area devoted to all
such uses in the retail complex does not exceed ten percent of the gross floor area of the retail
complex parking requirements for these accessory uses shall be calculated at the scree space-
to-floor-area basis as rewired for the retail complex. As an exception to the above, package;
sales uses in retail complexes shall not be considered accessory uses in the north greenwood
commercial, resort commercial or beach commercial districts.
(3) Restaurants, nightclubs, taverns and bars, and package sales cases located in
shopping centers may be considered accessary rases if the cumulative floor area devoted to
all such uses in the shopping center does not exceed 15 percent of the gross floor area of the
20
shopping cater p r .ir�g requirements fos° ccass,crry :use shall Cal Gtrlated on *7
sa me -space-to-floor-area basis as required for the shopping center.
14) NightcIODS, taverns and bars and package sales uses in hotel! /motels
-Cant inning e', inimvm of 100 units may be considered accessory uses if the cumulative floor,
area devoted to all such uses in the hot li°motel does not exceed 15 percent of the gross floor,
area of the hotel i ote,l,
Sec. 41.073. Nonconformities.
Nightclubs, tav-er+ns and bars and package sales uses existing on the effective€�date of
Ordinance loo. 5668-�4 and nonconforming with the provisions of this article sell be inquired
to obtain a cond tibnW use permit for any change of bossiness ownership. No change of
location or expan iilon� of alcoholic`beverage sales area shall be permitted if such change of
location or expansion of alcoholic beveragee sales area increases the degree of no scoriformity
With this article unless such nonconformity is specifically recognized and approved by the
lanning and zoning board in the granting of a cor dition i use permit,
21
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eic sect"sii . 1 ( tel, Code s Ordinances, is amended to iresd.
Sec. 1 K 2.1. AcaessCr° WAS.
( Standards,rds, #ill accessory uses shall be in accord with the fol lowing standards*
(aI; The accesslorY use is subordinate to and serves an established and conformino principal use.
(b) The aecessdr i use is subordinate in area, extent, and purpose to the prinoipal use.
(c)'' The a ess nj, use contributes to the comfort, conve�nidnee or caeca:>sit�!>��th�� ri �: �i use.
(d) 'The accessory use is located ion the I same property as the principal use.
(e) The acoessory use, if otherwise allowed as a separate perrr ai;tsd or conditional use in the
zoning district, shall not cumulatively exceed five percent of the grass f lour area of the riincipal user
otherwise, the mixed use formula of section 4-0.007(4)shall be applied ire determining llo rab,le floor <area
ratios and densities. ` Ic it' the part ing requirements for such prir;cipal and accessory uses shall
he calculated indepenoeratly and shall be cumulative, 3t,as noted ih ec�ion 4 1, �� .
Section 21. The 17rt. ..sions of this,ordinance have been fourid and determined to be consistent
with the City f ClearWater Comprehensive Plan.
Section 22. This ordinance shall take effect immediately upon adoption.
AS I SED ON FIRST,REA ING AS AMENDED January 5, 11:95
PASSED O SECOND ANC FINAL RE
Al�ll��
AND ADOPTED 'January 19, 1995
f;
lita irvey /
Mayor_ onnmissioner f
Attest:
YMVI na E. Goudea�s
aty lerk
Approved as to form and
legal suffiViefI y.
-_ ----—
Pamela K.M kin
City Attorney
3