5889-95 9
ORDINAN 'E NO. 5889-95
T
��. ORDINANCE.�..E �' THE CITY OF C:LEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
T
CODE; �AI ENI I G SECTION 35.111 , CODE CAF
I
INANCES, TO E I �'E "VEHICLE SALES," AND
AMENDING CHAPTERS 40 AND 41 TO CLARIFY THE
PERMITTED USES IN SECTIONS 40.163, 40.1641 40.183,
40.184, 40.203, 40.204, 40.223, 40.224, 40.283, 40,284, 40.285,
40.303, 40.334, 40.305,40,323, 40.324, 40.343, 4€1.344, 40.345,
40.364, 40.365, 40.366, 40.383, 40.384, 40.3851 40;403, 40.404,
.910.405, 40A223, 40.424, 40.425,40.433, 40.434,40.435, 40.443,
40.444, 40.445, 40.463, 40.464, 40.4.73, 40.474, 40.475, 40.504,
40.523, 40,524, 40.543,40.544, 40.545, 40.563, 40.564, 41.053,
AND 41.161, CODE 'OF ORDINANCES, TO MAKE THE
FOLLOWING USES PERMITTED WI THE FOLLOWING
ISTRIC T S: ADULT DAY CARE WITHIN LIMITED OFF'IC ,
GENERAL, {OFFICE AND PURLIC/SEMIPUBLIC DISTRICTS;
ART GALLERIES/STUDIOS WITHIN LIMITED OFFICE,
GENERAL OFF, CE AND NEIGHBORHOOD COTS COMMERCIAL
;DISTRICT13, 13USINESS SERVICESIAITIHNINMGHBORHOOD
COM ERC'11AL, DOWNTOWN/MIXED USE AND
RESEARCH, DFVELOP E-N T AND OFFICE PARK
DISTRICTS,, COMMERCIAL OR TRADE SCHOOLS WITHIN
LIMITED OFFICE, GENERAL OFFICE AND COMMERCIAL
CENTER. DISTRICTS, COMMERCIAL PARKING LOTS
'WITHIN BEACH COMMERCIAL, RESORT COMMERCIAL
24, RESORT COMMERCIAL 28 AND PUBLIC/SEMIPUBLIC
DISTRICTS, DETACHED SINGLE-FAMILY DWELLINGS
'WITHIN DOW N TOWN"MIXED USE DISTRICT'S,
HOTELS/MOTELS "WITHIN RESEARCH DEVELOPMENT
AND OFI-4LC.E PARK DISTRICTS, MULTIPLE FAMILY
DWELLINGS WITHIN BEACH COMMERCIAL DISTRICTS,
NURSING HOMES WITHIN MULTIPLE FAMILY
RESIDENTIAL 16, MULTIPLE. FAMILY RESIDENTIAL 20,
MULTIPLE FAMILY RESIDENTIAL 24, MULTIPLE FAMILY
Es T TOFFICE,
RESIDEN .A 2& —! "IT ' ^FCE ' s_
AND PI.JI3LIC/SEMIPUBLIC DISTRIC"I'S, PERSONAL
SERVICES '�VITHIN RESEARCH, DEVELOPMENT AND
OFFICE PARK AND DOWNTOWN/TvHXED USE DISTRICTS,
RESTAURANTS WITHIN RESEARCH, DEVELOPMENT AND
OFFICE PARK DISTRICTS, RESTAURANTS, INDOOR
RETAIL, SALES AND CONCESSIONS IL's CONJUNCTION
WITH G01-1-'CO'URSES AND RECREATIONAL COMPLEXES,
AND USES OF PUBLIC LAND AND FACILITIES APPROVED
BY THE CITY COMMISSION IISSION WITHIN OPEN
S A E,FtE-CREATION DISTRICTS, TOWNHOUSES, TWO
FAMILY DWELLINGS AND THREE FAMILY DWELLINGS
WITHIN ISO"�� NTOWNI: I E USE DISTRICTS, AND
TIZ.N,'ISTIO TA;;ION STATIONS WITHIN GENERAL
COMMERCIAL, HIGHWAY COMMERCIAL, INFILL
CO IE�R. IAL, 01 (NTOWN/ 1 ED LSE, AND
.0 i1 L1 C iELq YJBL1C IST SITS, TO ,a.'WmJ..I'A '9E BET. AND
BREAKFAST INNS A t2- NDITIONAL, USE WITHIN
D a TOE A /MI] U.TSE DISTRICTS, TO MAKE
OUTDOOR RETAIL SAFES, DISPLAYS AND/OR STORAGE
A CONDITIONAL USE WITHIN NEIGHBORHOOD
COMMERCIAL DISTRI TS; TO MAKE CHILD DAB _ A
CONDITIONAL NAL USE WITHIN GENERAL COMMERCIAL
AND MIG AY COMMERCIAL DISTRICTS; TO MAKE
HOME CCCUPATIONS PM1IT'1ED W EIR.E FOUR OR
MORE EMPLOYEES ARE IN OUVED AND THE
O O'C I'ATION IS A SERVICE CONDUCTED AWAY FRO v1
THE O�Nffi; PRONE INS AN EE'EECTIN"E DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY 017CLEARWATER, FLORIDA
Section 1, Sections 35.11, 40.163, 40.164, 40.183, 40.184, 40,203, 40.204, 40.223,
40.224, 40.283, 40.284, 40«285, 40.303, 44,304, 40.305, 40.323, 44.324, 40.343,
40-344, 40.345, 40.364., 40.365, 40.366, 40.383, 40.384, 40.385, 40.403, 40.404,
40.405, 40.423, 40.424, 40.4255 40.4:33, 40.434, 40.435, 40.443, 40.444, 40.445,
40.463, 40.464, 40,473,3, 40.474, 40.475, 40.504, 40.523, 44.524, 40.543, 40.544,
40-545, 440.563, 4-,564, 41.053, and 41.1611, Code of Ordinances, are amended to read:'
Seem 35,11.., Dermilio s;.
Outdoor retail sales, displays an&br storage means any use of property which involves
the sale, leasing, display or storage of commodities, goods, materials or equipment in a Vocation
other ttim in an enclosed building. This term shall exclude vehicle sates, which i ,e D aratel
defined.
Vehl cle .;tales r ans a business or commercial activity involving the display or sate of
AutoLnobiLgil. trp,cks `qR,, tLi a. d urine yesselsd recreational vehicles, heavy e u p ent.-Mgb le
homef, jjrjd lik� ke v h ciglar or transport mechanisms.
2
. ..
See. 40.163. Permitted use.;,
Within mulitiple-family residential 16 districts, only the following uses and strictures
designed for such uses shall be permitted:
fur,h s hom , „n -
cc,ss� r_Y uses
See. 40.164. Conditional uses.
Within mu tiapll -family residential 16 districts, the following uses may be allowed as
conditional uses:
A dli facilities-,=
( lied and breakfast irons.
S+ . 40.183. Pe dated uses.
Within multiple-family residential 20 districts, only the fallowing uses and, structures
designed for such uses shall he permitted:
(g) 1 kir<51aL hammers; A s
L91 Agce smrL u se s—
Sec. 40.184. Condiltional uses.
Within ultiple- amily residential 20 districts, the following uses may be allowed as
conditional arses:
3
-Yl
Utility facilities.
(67) Bed: and breakfast
See. 40.203. Pennitted uses.
i ray ltil�lc-family residential 24 districts, only :the following uses and structures
designed for such uses shall be petted:
Nu,ing homes: - •
,isma- yes_
Sec. 40.204. Conditional uses.
Within ltil.le-family residential 24 districts, the following ses I�ay be allo°�?ed as
conditional rases
(5 ) Uti'li ty� facilities":
Bed and breakfast inns..
Sec. 40.223. P cri �l uses.
within multilyle�-family reside;ritia:l 28 districts, only the following uses and structures
designed for such rases shall he permitted:
{ } g:°su=rf homies, ieit
4
<" �' t
cm uses.
Sec. 0. N . iti.s Wises.
Within ultiTIle-family residential 28 districts, the following uses may be allowed as
conditional uses.
?`d Utility f kcilltles;:-
T Bed and breakfast inns.
See. 40.28 . Permitted uses.
Within limited office districts, only the following =apses and structures designed for such
uses shalt be p r itued
(lei) Lijgsin j.iom s:
e rcial or trade se ools:
LL .a dlt_; u; care•
Acrceas.aAoL e5 •..�
See. 40.284. Conditional uses.
districts,Within limited office Che following u.vb..s nnast� kl6r -"owed as 6�L3rddXlkBIkLk9 u;aes.
-- ,s agA . mss,
(F) Child day ay care;
5
(°?-Sp) NozeorrTnercial parking;
(14.0) Residential shelters;
-- -- a =
(�- ) Utility facilities;
(l )Personal services.
Seem 40.285. Use Unftations.
The following use limitations shall apply to limited office districts:
��81k o rcial-and trade schools shall have all instructional areas within an enclosed
buildiig,and all teaching shall be conducted indoors.
r n_ggL lgries studios shall have all activities conducted indoors.
(1(28) Accessory uses shall com1-pily with all terns contained in section 41.121.
9) tali use. , whether permitted, conditional or nc�acorfozmirag, shall be conducted
in co n�soiaance with the use standards contained hI sections 42.22, 42.31, 42.3
and A 2 35
See. 40.303. Pe iltex] uses.
50 'ePl";f��tt':`k� office r�ictre.,�4r 1 a"d..�-: s...at
° �"
�4x,at er bs�, lX9;tt Lice, 1011--wii1g Cues raun stmic$V3'6es desi"Med', fvJr s-?'3 CII
uses *sfi-i-;.i IA; Pteaaria a•�aa w.
( ) lLursi g�homes • -users-
Cony ercial or trade schools-
6
. leries/stuldios;
Adult a K :
,ccerscry uses
Sec. 410.304. Conditional arses.
Within general office districts, the following uses may be allowed as conditional uses:
(1) le iry offices;
(2) Child da;y care;
S) oncorimmercial parking;
9
L ) Utility :[Facilities.;
C59) Personal services.
Sec* 40.305, Use Iftnitations.
The following use limitations shall apply to general office districts;
L _oMiercia.l and trade schools shall have all instructional areas vvithi a ea �gv�a
�- Mj„1A j� s7an-_d teaching g shall be con�,�, red ndo�rrs.
Art g1ulevies/studios shall have all activities conducted indoors.
(1 3) Accessory uses shall comply with all terms contained in section 41.12:1.
{ 4) All zise:s, whether pe-I'mitt:ed, conditional or nonconforming, shall be conducted
in conso;rlance with the use standards contained in sections 42,22, 42.:31, 42.32
and 4x2.,35.
7
i < �S
See. 40.323. Permitted uses.
itl u neiObmbood commercial districts, only L e following useS grid structures
designed for such uses shall be permitted:
lusiesL: ,rr ices: s
g
' 31sja o
, Art�g eriesls dios;
Acs^ uses, 7iocludin certain alcoholic beverage sales uses as spec gifted n
secti rs 44.071 and 41.012.
. bbl. Conditional uses.
itlfin neighb hood cry` ercial districts, the following uses may be allowed as
conditional uses:
2) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school i)r with outdoor seating where the service area is located within 200 feet
of a residential zone;
(2-3) Package al.coholic beverage saps (package sales);
(L34) Level I group care;
( ) Level Ili group care;
(. 6) Level Ell group care;
Congregyate care;
(7, ) Child djay care.;
( 9) Veterinary offices;
(24-0) Residential shelters;
(d 0� ) onco m. niercial a ing;
L44"Utility facilities:-.
11 ).Adult day care-
.'°��.-�. Outdoor re AI sales, d s ays gid/or storage.
Sec. 40.364. iffeA uses.
Within beach commercial districts, only the following uses and structures designed for
such apses shall be ,rsittd:
( )
Co s i n
(10) Art gid leries/suidios.;
d 11 MURWAA-fa it d elfin s;
(1 kcce chi° ses, c�udini c
') ertain alcoholic beverage sales uses as stet cifi�d ire
s_ t o ;41.071 and 41.072.
Siff 4[1.365. Con 'flonal.uses.
Within beach cornmercial districts, the following uses may be allowed as conditional
uses:
1;) Out&or commercial recreatimVentertainment;
( ) N ighticlubs, taverns and bars;
( ) Package alcoholic beverage sales (package sales);
(4) Manna facilities;
( a ) `vehicle; ,service;
9
Video/electronic game rooms;
"8) Ve,terinar olf ces;
4 Utility facilities'-.
(91G) l estau,r=arlts 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. 40.366. Use hatitations.
The following use limitations shall apply to beach commercial districts.
MK.'cjall arkin lots .,hall not have spaces available for rent that are required
byjhi,,L development cod e to swerve a use overatin at the same tuna as the
!��ergial Darl.on2 lot.
4) Ace esT, ,;i uses shall comply with all terms contained in section 41.121'.
& All uses, whether permitted, conditional or nonconforming, shall be conducted
in consonance with the use standards contained in sections 42.22, 42.31, 42.32
and 42.35.
See. 40.383. Permitted uses.
Within resort commercial 24 districts, only the following uses and structures designed
for such uses shall be permitted:
t 1 oc iai I bra ,..
ef
(11) art galleries/studios.-
j;!J A ccesscry uses.. including certain alcoholic beverage sales uses A sptLcified irk
e ti �js 4 _ 71 and 41.4 72.
See. 40.3 4, Conditional arses.
1®
� _. '
Within resort co ru-nercial 24 districts, the following uses may be allowed as conditional
uses:
(1) Businessiprofessional offices which serve the tourist;
(2) Nightclubs, tavems and- bars;
) Package alcoholic beverage ,sales (package sales)-
t4 Outdoor commercial recreati.onlenterta` ent;
(Iii) RecreatiOnal, vehicle parks;
(6 ) Marina facillties;
( '8�) Videolelec:tronic game rooms;
1r,+tility facilities
,9-14;r stauranis serving alcoholic beverages located within 209 feet of a church or a
school or with outdoor seatilrig where the service ;area is located within 200 feet
of a residential` one.
Sec. 40.385. Use limitations.
The following use limitations shall apply to resort commercial 24 districts:
g
Co ni� iial, parking lots shall not have s s available for rent ichat are require d
y tl�is idevel ment code to serve a use oDeratine at the same time as the
co e , l�,parking 'lot.
Accessory uses shall comply with all terms contained in section 41.121.
1 ) All uses,, whether permitted, conditional or nonconforming, shell be conducted
in consonance with the use standards contained in sections 42.2:2, 42.31., 42.32
and 42.35.
Sec. 40.403. Permitted uses.
11
Within resort commercial 28 districts, only the following uses and structures designed
for such uses shall be permitted:
11) Cong.nercial ar ing " R � .
12) Ast galle pries/stud.ios -
13') Accessory uses� inel dir certain alcoholic beverage: sales uses as specific
section 1.071 and 41.072.
See. 40.404. Condiflorud
Within resort cornmercial 28 districts, the following uses may be ahowed as conditional
uses;
(1) ` Business/professional offices which serve the tourist;
(2) Nightciubs, taverns and bars;
(3) Package alcoholic Deverage saps (package sales);
a
i s �tw oor commercial recreatiordenterta.inment
.ecreatiorial vehicle parrs;
Marina, Facilities;
M Video/electronic game rooms;
L99) utility facilities;:.
k9-444) Restaur airs serving alcoh€lic beverages located within 200 feet of a church or a
school or with outdoor seating where the service; area is located within ''ZOO feet
of a residential zone.
See. + 0,405. Use .li 'iteations.
The. following use limitations shall apply to resort cor unercial 28 districts:
112
s
. :..
C 6 }
5 o [c=,mil narking lots shall not have Spaces available for rent that are re2. vir�ed
i s �3ev jgpmgp: code to serve a use ODeratin2 at the same time the
COMMIarcial parkin lot.
Accessor'y uses shall comply wit-h all lees contained in section 41.121.
j All usies, whether permitted, conditional or nonconforming, shall be conducted
in consonance with the use standards contained in sections 42.22, 42.31, 42.32,
and 42.3 5
See. 40.423. Per ' ted uses..
';thin general co e�°clal districts, o�-Ay the following uses and structures designed for
such uses:shall be pe nnitted:
1 Ir
mnsportation stations es, : ,- _, `, e l
(16) dirt galleries/studios'.
117 a Adult day care,;-
1d3 Ace-es,,Lc ry uses. ncjgdjW! certain alcoholic hevera c sales uses a.ss cified Lij
sections 41.071 and 41.072.
See. . : . b oral uses.
h gcneo ercial districts, the following uses may be allowed as conditional
uses.
(5 ) Veterinary offices;
= ) Animal grooming and/or boarding facilities;
13
1 ) Wholesaling/distributing;
Ve hic l sah-5
9) Vehicle service;
X10), Outdoor retail sales, displays and/or,storage;,
11) Blood, plasma centers;
1(12) Marina facilities;
(13) ; Residential shelters;
(14) Noncoanercial paring;
(15) Uti7lity f�lciiities�7
1 ) Restapra I$ searing alcoholic beverages located within 200 feet of a church or a
school oir,with outdoor seating where the service area is located within 2(0 feet
of a resid ential zone;?
Chidw d ;care.
Sec. 40.425. Use 1" °cations;
'The following use limitations shall apply to general commercial districts:
'prates o gtion stations shall have a continuous, solid landscape buffer, lati4biag
a zx st€ z:ri height of six feet at maturity,''a ent to all resfderliially Zoned
moo, e igs
Accesso ijases shall c9in 3, with all terms contained in section 41.121.
4) A)l w4es whetllie' nermitted conditional or tsr�t�+�confrnrr rots n71n77 I- ,,ondA ct A
�.__�, ______ r________�_, �,,.<_a._..�.. 4.v..aa.v..-..sis.a5 JA3dt1< BILL i.n.°�1�'.dd.16s 8..45
in consonance with the use standards contained in sections 42,22, 42.31, 42.32
and 42.15:
Sec. 40.433. Per nutted uses.
14
Within linfill 1-2commercial Ddistricts, only the following uses (and structures designed
to sere such uses) shall be permitted:
21) T ng rst s
(22) Accessory dwellings.
(23) adult day care.
X24:1 Lccessoi rises including certain alcoholic beverage sales uses as s ec" �e� a
se t ons_41.071 and 41.072.
See, 40.434. u. dnal
Within litifill QgOmmercial Ddistricts, -dike following uses may be allowed as conditional
uses:
d ) Veterinar� offices.
) ) of saling/distributing.
(67) Marina facilities.
9) Residenthed shelters.
Nonconiniercial parking.
(L94-9) i+ anufacturig uses.
(lam )Outdoor retail sales.
)Ch ld day care.
(j 24-3)Congrq:rate care.
i"l:3) jLe icle�sales.
15
(14) Vehicle service.
(15) Outdoor commercial recreation/entertainment.
(1 ) Bed and l 'Dreakfast inns.
(17) Utility facilities.
lg) Restaur, is serving alcoholic beverages located within 200 feet of a chu, r'c a or,a
school Or with outdoor seating where the service area is located w-i 21)4 feet
of a residential zone.
(19) on en*ence stores.
(2 ) Indoor commercial recreation/entertain ent.
2 i) Gasoline stations.
See. 40.435. Use l 61tatiions
The followirn t s�e lixnitaioons shall apply to infill commercial districts:
) Accessory uses shall co�mpl;� with all terms contained in section 41.121 l . '
Ion ;sta>stations shall. have a continuous, solid landscape buffer. al%inin
a ° i igrr. lien lit of six feet at maturity, ad'acent to all residentially zoneo
rrti��s�
(_76) All uses, whether permitted, conditional or nonconforming, shall be conducted
in canksonaa ce with the use standards contained in sections 42.1221 42.31;,, 42,32
s:.nn4 r e ra n
See. 40.443. Pe "tt d uses.
Within highway commercial districts, only the following apses and structures designed to
serve such uses shall be permitted:
lei
..:..
(1,4) �'rar§�oMtian stations ww,,�
(1 5), Art gallerii��`/studios:
(1�) Adult day c m°e1:
Access a ses. 'including certain alcoholic be sales uses is -ified in
sections 4 I 71 and 41.072.
gee. .40. . Conditionv tom.
Witte highway oloin nercial districts, the following uses may be allowed as conditional
uses.
(1-2) Recreatdoii,, vehicle parks;
( ) Nightclubi, taverns and bars;
( 4) Package al cuholi beverage sales (package :ales);
(4-5) Animal,grooming and/or boarding facilities;
►, Mete a rye of ices;
( ) Indoor ,storage and/or warehousing;
Yehicl sakS—I
(8) Vehicle service;
) Wholesaling/distributing;
( 0 Outdoor corEm rcial recreation/entertainment;
(` 1) Outdoor retail sales, displays and/or storage;
(12) Residential shelters;
(1 ) Noncommercial parking;
17
. j. .
4 Utility f��Kilities
(1 5) Restaurarlts serving; alc(,)hiali, I)e'verages 1Jcatc-d f,,vithin 200 feat of a Chureb or
school or with outdoor seatiig rhene- the service area is located kvit in 20D feet
Ste. 40.445. Use ;tinlitations.
he f6flo wi g, uje li itapi4.mts shall, apply tc) higinway commercial districts:
r�. 9 � stat,s r�s ltal __l av «t tirr ct s A'L l r c tae l� l_ . tt«i i
a la c� � a titcl"at to 11ictll
' �- j;.
V} Accessory uses shall comply wit hall terms contained in section 41.121.
All uses, whether pen itte d, conditional or nonconforming, shall be conducted
in consonance nce with tie use standards contained in sections 42.2 2 4 42.31, 42.32
and_42.3 .
See, 40.463. Permitted uses.
Within commercial center districts, only tbo following uses and structures designed to
serve such uses shall be permitted.
t✓p er J;11. or trade school,,;
(Iff) Adult dale care;z
LLII cc esss r' . «5es, gt lc t li evi�fa .s�1,les gses as SP s�"ed in
sec:tioris 41.071: and 41.072.
Serb 40.464. ondi-t o al uses.
18
Within commercial center districts, the following ruses may be allowed as conditional
uses.
LU Vehicle sa es;
-1) Vehicle service;
(`32) Nightclubs, taverns and bars;
44) Package alcoholic beverage sales (package sales);
( 4) Outdo >r retail sales, displays and/or storage;
i&S) Outdo or c om ercial recreation/enterta.iriment;
(_76) b'1d day, cares
eterim offices;
(fir) MIMi l grooming and/or boarding facilities;
(Log) Utility facilities.-
) esta wits sewing a coh llic beverages looted witlu n 21flfl feet of a church h or
school or with outdoor seating where the service area is locat ed Within 200 feet
of a resid.ertial zone.
See, 40.41-1. Permitted uses.
Within downtown/mixed use districts, only the following uses (and structures designed
to serve such fuses) shall be permitted.
(l) Multiple family dwellings.
Tow , use .
' bree- gaily dwelliMs.
) T yy�a-f,ga,,ly-d�vell as 9 s.
119
) Detached sin2le Tamil dwellings.
Indoor reu l sales.
Restaurants.
QW) us ess)`p;rofessional offices.
S Medical clinicsllaboratcr qes,
a Nonprofit fi social or comma Jity services.
+'A j1 ) Commemial ter trade schools.
29), accessory e wellings.
Interval ownership and timeshare dwellings.
€ Rernote switching stations.
S -)Art galleries/studios.
! )Funeral ho rnes.
4 F Hotels/rna�tA�l!s.
(L8 `,ra�ansRo t,i�n stations s .
(194-5)AdWt day° care.
Bp i ess services.
Ee rscnal services.
(2 ) ccessor a€ses, inclaadin certain alcoholic beverage sales as specified in, scrctions
111.071
Sec. 40.474. Cox-xdlfl �,. rises.
Within do wvntc =°r JIMixed use districts, the following uses may be alloyed as conditional
uses:
(1) Indoor storage and/or warehousing.
20
(2) Nightclubs taverns and bars er-a
aclb a e ,alc:ohoi c beverage sales (package sales).
(5) Veterinai y offices.
(5 ) Wholesaling/distributing.
( -7) facilities.
( 9) Residential facilities.
( 3 P Noncommercial parkmg.
(940) Manufacturing uses (including, research facilities and laboratories, photographic
processing facilities, printing and publishing facilities, production of confectionery
o- b�y;cd. .,goods, and assembly of electronic components and precision
?nstrum. ent5).
( i )ttdoor retail sales, displays andfor storage.
X1-2 Child day care.
ei F4
asole sla�tions.
L!3 Restaurani s a.erying alcoholic beverages located within 200 feet of a ch rcb or a
school or with outd2q.L seatin 3 whe-e the service area is located within 200 feet,
of a reside.ntia.l zone
Red and breakfast iris .
See. 40,475. Use limitaltions.
l„bL fq,tl �r,i e ��irn tatic shall aap DIV to downtown/mixed use districts:
;jC
"l ra is� a st do ns shall hay=e a continuous. solid landscape buffer. atta ink i
21
a__ jl ium lei-ht o�' six feet at maturity.adiacent to all residential:v zoned
ro e rtie .
(7 ) All uses, whether permitted. conditional or nonconforming, shall be conducted
in co mpliance with the use standards contained in sections 42.22, 42.31, 42.32,
and 4 1,2 42.45.
(87) For properties west of sceola Avenue, indoor retail sales, restaurants
busine.ssUpro essiona.l offices, medical clinics/laboratories, nonprofit social or
coatr unJi,ty services, commercial or trade schools, accessory dwellings,si, remote
swvitclting stations, and art galleries/studios usess shall only be allowed as
accessory uses to multiple: family residential oases containing a minirnutn of 100
d vellil g units.
Sec. 40.504. Conditional uses.
Within limitedi limited industrial districts, the following uses may be allowed pe-HrAt4ed as
conditional uses.
" e:hidle sales:
(2/.+) Vehicle service;
Q�2} Outdoor retail sales, displays and./or storage;
(43) Nightclubs, taverns and barsi
(54) Package alcoholic neveralj, sales (package sales)--
(b ) Residential shelters;
(7 ) Noncommercial parking
- ) Indoor commercial recreationR-
(10 9) Adult: da y care.
Sec. 40.523. Pe ni1tte d uses.
22
} 6 ': }
Wilbin r s arc it, development and office park districts, only the following uses and
structures designed to serve such uses shall lie ,earn-lifted:
�.1 13s'rteiserrce e -
UI of a. vLteis,
leer o, ai, ,seises;
r' s u�r Lnt
LN.5 1 Ac� y uses. including certain alcoholic laevera�e sales-uses �s s e�
sect io x 411.071 and 1.07'2.
See. 0* 2 . Con.tli ilo aal uses.
Within research, development and officc park districts., the following uses may be
allowed as coudiomil uses:
Resew d_
Bus Hsef s;
4) Manufacturing uses;
5 Ml aftt :facilities;
(N) RResidential shelters;
Child it , care;
Utility 1 cilities 7
Adult dad; care.
23
Sec. 40.543. Permitted apses.
Within pu lig/,serriipubfic districts, only the following uses and structures designed for
a cl uses shall be permitted:
(10) l' ursi n g ' �e : ._
Tr *asratiora ratios;
ua� LeEci - g.
L'3, xL care.
J1,L- c es Lr uses.
. 40.5,44. Condit-ionaluses.
Within publices rnipublic districts, the following apses may be allowed as conditional uses.:
= ) Marina facilities, including commercial and office uses associated with marina
facilities;
L24) alcoholic `beverage sales (cor�sunipt on on premises o y) in conjunction with a
fraternal organization, marina facilities, civic center, or a student center;
(35) Child dw care;
Sew. 40.5,45. Use fin-at dons.
The following use limitations shell apply to Dubl clse ipublic districts:
24
Transportation stations shall have a continuous. solid landscape buffer, att in
a mihimurn heicrht of six awawt at maturity.;sdiagent to all reaLdentially-I zoned
( a r m-i arl�.in lots shall not have spaces available for rent that are re gre
his a , �eawut code i:o save a useeratatrt the same tune ``s the
commercgL arking lot.
x 94) Ac essso y uses shall comply with section 41.121.
l All uses, whether permitted,, conditional or nonconforming, shall be conducted,
in co:gsouance witxh the use standards contained in sections 42.22, 42.31, '42.32
and 42.3 ':
Seat. 4 . "S3m Per "ttcd Uses.
Within open,spade/recreation districts, only the following uses and structures designed
for such uses shall'be permitted:
6) Rests tits, indoor retail sales and concessions, in o *unction it olf c arses
and recr6ation complexes. e �
Acre so Irises.including ses of publie land and facilities an-sroved ti the City
om "ssion, in accordance with section 2.O1Jd)(vl
Sec. 40.564. Conditional atl uses.
Within open space-/recreation'districts, the following uses may,he allowed as condlitional
uses:
C1 2) Alcoholic 11hevw ig ' Sales (consu-nuption on premiss); in conjunction with a golf
course or civic center;
(2 ) Public %vorks projects, including utility facilities.
aF. � aJc alt :
Sean 41.053. Supplemexilwy standards by category of use.
25
The standards in this section which apply to the identified category of use shall
supplement the general standards of use identified in section 41.052. No conditional. use shall
be -authorized undess detennined to meet all of the standards applicable thereto.
-4,. d kwked
Adult day care centers may L- allowe pefahkted within the i R --ew �'
ge4wal-�&flleet neighborhood commercial, infill commercial, hinited industrial,
and research, development and office distri iks subject
to ail Di" the following:
(a) The use shall be reasonably compatible with the surrounding neighborhood
as measured by building size, location and state of repair.
The site shall be able to accommodate required parking, ancillar
(b) y service
and outdoor activity areas appropriate to the use and in a manner which
is compatible with surrounding properties.
(c) "Proper supervision shall provided to ensure neighborhood compatibility.
(d) Appropriate onsite loading and unloading areas shall be provided which
are sufficiently distant from other traffic ways so as to ensure user safety.
ke) 'rhe use shall comply with all of the general standards contained in section
41.052 �abseetieH--111-
Animal grooming and/or boarding facilities may be allowed within the general
comi-nerciall, highway conunercial, and commercial center districts subject to all
of the following:
(a) All activities shall be conducted within soundproof, air conditioned
build without outdoor cages, runs or other outdoor facilities unless
determined by the board that such facilities are located and screened in a
irnanner so as to not adversely affect the use, enjoyment or value of
Sufrounding
g properties
(b) 'The use shall comply with all of the general standards contained in section
41.052.
4b�
OMI
26
0
Bed and breakfast inrt uses may be allowed in the linfill Gcommercial Ddistrict,
do ntownJrnixed use district. Durban tenter Ddistrict, and all residential
districts, subject to all of the following: �
(a) The hours of operation are compatible with surrounding uses;
( ) The voliurne of traffic generated by the use is compatible with surrounding
uses;
n�
(c); Such uses shall only be provided in principal structures containing, not leas
than 1,500 00 square feet of gross floor area: 1'
(d) Not inure than 50 percent of the grass square .footage of the princip al
structure shall be utilised for the bed and breakfast use. For the purpose
of calculating the area of the structure devoted to the bed and breakfast
use, only the floor area of the bedroom and bathroom areas utilized by tl'se
bed atud breakfast guests shall be considered in such calculations;
(e) The use shall contribute significantly to the promotion. of the city's
historfcaJ, cultural or natural heritage.
( The sTmicture,containing take use shall meet all applicable life safety codes
prior t the issuance of a certificate of occupancy.
(g) The use complies with all of the general standards contained in secticLn
1.{l 2
( B od plasma centers may be allowed within the general commercial district
sul.jec:t to all of the following:
(a) Sufficient waiting room areas shall be provided to deter loitering.
(b) The use shall be sufficiently distant from churches, schools, 'hospitals,
reside (,,Cs and 'tile uses so as to not adversely affect the use, enjoyment
or value of such properties.
c) The use shall c:ornply with all of the ;general standards contained in section
2
41.05"?.
(54) Business/professional offices which serve the tourist may be allowed within the
resort cornraerc al 24 and 28 districts 1upon determination that the use cote.='icy
with a'.1 of the general standards contained in section 41.05?,
�.A,arr bv"ar " iJ dRL: � }d.°d.'d.l[A34'v°`� M� E.IL • •7.,5.4..� :Y.i..SS._�xtm'H L�.S�S�.�� h2..:J&1 AYa%7.a"f
�.�ri�.�rcas'�,a'--F:�" ��✓k+ r w r :24.s�s���'°'�T'XU^�"b'-"X4"d•��T"-Y`F� Y��Z dSEYSiG.&]C"-YR ihi.4$sT5 LL.
n nr'..^.�^+ .-�n,x,�, v a -CS,•,."+�r ,r�b�c*4- c+. S-. rs b t� �� n. ,$5�,.
Alse pafk na sun'!' i n 7 sa raf ar,!a_m L
Hem
° :
"e -e
( ) Child day care curers may be allowed within the limited office, general office,
ighborlooqcommercial, feral commercial, infill. commercial, 1�iv_
cc,Mmercial, commercial center, downtown/mixed use, urban center (transition),
and public/sernipublic subject to all of the following:
(a) Sufficient onsite outdoor play areas shall be provided and so designed as
to ensure user safety.
(b) Appropriate onsite loading and unloading areas shall be provided which
are sufficiently distant from other trafficvvays so as to ensure user safety.
(c) The tts.- ghat] comply with all of the general standards contained in sect g-rk
O-5 � U bi4rV IIl �V� V. x W ii 6r.
- k?t& .r @ F" u➢,.y ills -�f ` �t71 t .."� a„r
'a'B$,i'P"d'l$.'tl"L'+.R mil Zlm�� `� ..Y6. '- .Sri vp •*•Y�Y.�GY�Zs.Y.%°A7 a= 4�v,arm�.�rn. °
!1 19 nt+ r+.a+cad *rriih$v:sv nre ,�xnr�rtocar3 �9tM
28
y
-14—
a +nom -aed d-
Se--
'f 21Y` r A'AAjjAIY Yfi Ja
i
i
- —a3� --
apeffit—eft- �
' Congregate care facilities may be allowed within the multiple-faniily residential
12., 16, 24 and 28 districts; the residential, office and commercial planned
development districts; urban center (transition), the 'limited office, infill
commercial and 1[ieiahborhood coral erc'ial districts sti}-i-� 2, to all „J'ASP 4 a1 --
c .>�.. n�9 s9aa.. iL➢d3V YV 138.��,
(a) The penrnitted density shall not exceed the maxim urn permitted net density
of the zoning, district in which the facility is to be located such density to
be determined on the basis; that every two beds within the facility shall be
considered to equal one dwelling unit. For those facilities located within
a plantitki development districts density shalt be regulated through the site
plan process in accordance with section 40.261, but the density shall not
exceed the maximum allowable density set forth in section 40.267.
2
(l ) The size and state of repair of the facility shall be appropriate for the
propose:d use.
(c) Ancillary service and recreation areas appropriate for the use shall be
provided on the site in a manner which is compatible with surrounding
properties.
(d The use shall be located within are area which is not concentrated with
other dare facilities.
(e) The 1 ,;e shall comply with all of the general sts�ndards coaztain in sect
05'Z -subsft+
Cfonvenience'sltores maybe allowed in the infill commercial district subject tom
of the foil Wi n�.
Tie t�rurs of operati€�n and overall site design are ccir�patible v
s ro��r►din uses.'
_fie as g, shall comply with all of the general standards contained in section
(94) Gasoline station uses may be allowed in the infall cc�n ercial, dodvntownlrn$, ed
use urban is enter (core) and urban center (eastern corridor) districts, subjeci to
all rife flawing:
(a) Tbei hours of operation and overall site design are compatible with
;surrounding uses.
j
(b) The use complies with all of the general standards contained in secs ion
(l ) Helistops ataay be allowed within the urban center district subject to all of the
following:
_
(a) Ample evidence is provided to the board ascertaining that the use meets
alr �ilr ��r±: rrg r a y�e:lerai Xw'mutI r.unnin stration. _
(b) The use, shall comply with all of the general standards contained in section
41. 052.
q�[F �rcrca-ssasas-rc yr-n ae.c
34
( a pp
5 X:°ffle"— .f_94 a_P e _s�tvc$—avc vp `fi r
-BEk P Su 1 �
:t _ t
44-M5 =
1 " )lndoor commercial r („r do le �terta rLn.ent may be allowed in the
infill co merciell district;, subject to all of the following:
) The hours of operation are compatible with surrounding uses;
(b) The, use complies with all of the general standards contained in section
4E1152 s ie e
4-3)1ndoor storage and/or warehousing; may be allowed within the downtown/mixed
use, general c oa erc al, infill commercial, and highway commercial, urb;Lq
center (core) azrban center (eastern corridor), and urban center 'transition)
districts subject to all of the tonowing:
(a) The building size, length and appearance shall be compatible and in scale.
with other- buildings in the immediate area..
(b) All doc)ts shall be oriented so as to be least visible from public rights-of”
way and surrounding; properties.
l
( ) The use shall comply with all of the general standards contained in section
41.0 2
�' ""�:�.'�+��,""�Y.-. c.�c. .+.^sum% ..a•l,^ w� <.:`i�. vw �brore4nn+ e4 .n�.%#an.vaS env°n4�ae�
4
(13 ) ;vel I group care facilities may be allowed within the single-family residential
, �EF nt l , � $ , fffi . districts; the residential,
office, and Commercial planned development districts; and the limited office and
neighborhood commercial districts subject to all of the following;
(, ) The use shall comply with all terms contained in section 41.201.
0b) Accessory uses shall be limited to those normal and incidental to
residential dwelling units.
(c) The use shall be reasonably compatible with the surrounding neighborhood
as measured by building size, location and state of repair.
(d) The site shall be able to accommodate required parking, ancillary service
and outdoor activity areas appropriate to the use and in a manner which
is compatible with surrounding properties.
;gip)
Proper supervision shalt be provided to ensure neighborhood
Ct"$'111 pitihili .
(t) if located within a single-family residential 8 district, the use shall be
located on property having conforming frorntage on a Minor 037 major
arterial street.
( )
The use shall comply with all of the general standards contained in section
41.€ 52a
32
i
9
(1 �)l evel A group care facilities may be allowed within the multiple-family residential'
g, 12, 16, 20. , 24 and. 28 districts; the residential, office; and commercial planed
development districts and the urban. center (transition), limited office and �
neighborhood commercial districts, s fo ect to all of the followinnge �
(a) The, use shall comply itch all regulations contained in section 41.201.
i
( ) Accessory uses shall be limited to those normal and incidental to
resideIntial dwelling units_
(e) The use shall be reasonably compatible with the surrounding neighborhood
as nicasured by building size, location and state of repair.
( ) The site shall be able to accommodate required parking, ancillary service
and outdoor activity areas appropriate to the use and in a manner which
is compatible with surrounding properties.
(e) prober supervision shall be provided to ensure neighborhood
cone pal ibility.
(f) The use shall con ply with all of the general standards contahed in secs ion
41.052. ON-5-seetim.
)I.: eel III group care facilities may be allowed within the urban center (transition),
;limited office and, neighborhood commercial districts, subject to all of the
,Following;
(a) The use shall comply with all regulations contained in section 41.2011.
(b) Accessory uses shall be limited to those normal and i cidentall to
residential dwelling units.
(c) The use shall'be reasonably compatible with the surrounding neighborhood
as measured by building size, location and state of repair.
(d) The site shall be able to accommodate required parking, ancillary service
annd outdoor activity areas appropriate to the use and in a nnanner which
is compatible with surrounding properties.
(o) Proper supervision shall be provided to ensure neighborhood
compatibility.
( The use shall comply with all of the general standards contained in s-ec born
4 1.X15 2 W ea is- .
33
064 7)Majnufactvriing uses may be allowed in the infill cornmercial, resc,arch,
development and Office parlc_,._uKbwa center (core) and urban center (eastern
4orridoo .11 of the following:
, districts subject to a
(a) The hours of operation are compatible with surrounding uses.
(b) The volume of traffic ,generated by the use is compatible with surrounding
uses.
(c) Any noise generated by the use is compatible with surrounding uses.
(d) In infill commercial districts, a minimum lot size of 10,000 square feet
sball be provided for this use; and
(e) 'Fhe use c. replies with all of the general standards contained in s(Lctio-n
41.052
ply FHE"Ifl-
-V+1
Wid X
g L.7j-8)Marinafachities may be allowed, except as provided in this section, in the beach
commercial, resort commercial 24 and 28, general com.-mercial, downtown/mixed
use infill commercial, research, development and office park, urban center
(bayfront) and public/semipublic districts, subject to all of the following:
I -------- -N-r - fol a cas, W'-
(a) 10'arina facilities are probi17t`£'d from locati- .-Iloviing r
have been identified as areas, of high -,r mOder
iate- environunen..L
ea is 1,grass
cance e north end Of Clearwater Beach, Oearwal�14 arbo gr ss
beds, Cooper's Point, Clearwater Harbor spoil islands, Sand Key Park and
the southern edge of alligator Lake.
(b) All proposed activities including, but not limited to, fueling, pumping-out,
chartering, living-aboard, launching, dry storage and the servicing of
boats, motors and related marine equipment shall require specific approval
34
by the plIx.runing and zordng board in order to be peIrmitted.
(C'
A comm-nercial marina facility operated as a primary use shall not be
located adjacent to a residential district unless the owner provides
screewng or landscape buffering in accordance with section 42.27. For
niarina facilities located adjacent to residential districts, no fueling or
launching JEacilities shall be located within 20 feet of the residential
property line, and no fueling or servicing of boats shall occur at such
marinas after 9:00 p.m. or before 6:00 a.m.
(d) No fuel storage facility or sanitary pump-out station holding tank shall be
located over water.
(e) The marie a. facility shall pose no hazard or obstruction to navigation, as
determftied by the city harborrnaster.
View corridors shall be preserved across the property in accordance with
the sia.-ndards set forth in section 41.131.
(g) The use shall not adversely affect the environment, including both onshore
and offshore natural resources.
(h) The cwner shall provide evidence to the public works department of
sufficient and acceptable wastewater treatment to serve the project.
(i) For coastal areas, the owner shall provide to the city an acceptable
manatee Protection plan. Appropriate speed zone signs shall be Posted to
control boat speed for manatee protection.
The owner shall provide evidence of adequate spill containment areas on
the subject property.
(k) Dandside sanitary facilities or a sanitary pump-out station shall be
provided and shall be available to marina users 24 hours a day.
C' __-.
h The -,us Q'i all co ply with all of the general standards contained in section
41.052.
(m) In the event of conflict between these standards and federal or state law
or rules, the federal or state law or rules shall apply to the extent that
these stlIndards have been preempted. Otherwise, the more stringent
regulations sball apply.
(la-1-9)1,4arinas may be allowed within the presentation
35
_J
districts subject to all of the following:
(a) Marinas are prohibited from locating in the following areas, which have
been identified as arenas of high or rnodcrate environmental significance:
The north end of Clearwater Beach, Clearwater Harbor grass beds,
Cooper's Point, Cleanxater Harbor spoil islands, Sand Ivey Park, and the
southern edge of Alligator Lake.
(b) All proposed activities including, but not limited to,fueling;, pumping-out,
chartering, liv ng-a cs grd, launching, dry storage and the servicing of
boats, motors and related marine equipment shall require specific approval
by the planning and zoning board in order to be permitted..
(c) No co mmercial activity, including but not limited to the sale or rental of
any slips„ commercial launching; facilities, marine repairs or maintenance
facilities, or luring; aboard any boat, whether permanently or temporarily,
shall be pem itte:d unless the facility abuts a commercial zoning district,
the public/semipublic district or the urban center district and unless such
activity i.�> eXpressly approved by the planning and zoning board.
(d) A: corn ercial marina operated as a primary use shall not be located
adjacent Ito a residential district unless the owner provides screening or
landscape buffering in accordance with section.42.27. For marinas located
adjacent l.o residential districts, no fueling or launching facilities shall be
located within 20 feet of the residential property line, and no fueling or
servicing of boats shall occur at such marinas after 9:00 p.m. or before
6:CO a.m.
e) No fuei storage facility or sanitary pump-out station holding tank shall be
located over, water.
(f) The marina shall pose no hazard or obstruction to navigation, as
determined by the city harbormaster.
(g) V;.w cor` dors shall o resei v`�d ac foss t e ptopefiy lI1 aL�or42driCe with
the standards set fpsrth in section 4 1.1')1.
(h) The use shall not adversely affect the environment, including both onshore
and offshore: natural resources.
(i) The owner shall provide evidence: to the public works department of
sufficient and acceptable wastewater treatment to serve the project.
(3)
For coastal areas, the owner shall provide to the city an acceptable
3
j r
1_ e<
n 'j'Y
manatee protection plan. Appropriate spud zone signs shall be posted to
control boat speed for manatee protection.
W The owner shall provide evidence of adequate spill containment areas on
the subject, property.
(1) Design of the docks shall maintain existing tidal flushing and aquatic,
circulation. patterns;:
The use shall comply with all of the general standards contained in sections
41.052,
(n) In the event of conflict between these standards and federal or state law!
or rules, the federal=or state lava or rules shall apply to -the"extent that
these standards have been. preempted. Otherwise, the more stringent
regulations shall apply.
(194)Nightclubs, taverns and bars may be allowed within the North Greenwoo l
commercial, beach commercial, resort commercial, general co rumnercial,
d wrntown/nai .eg use,infill commercial,'highway commercial,commercial center,;
urban. center (bayfront,), urban center(core), urban.center (eastern corridor), ands
limited industrial zoning districts subject to all of the following:
ja Tie use: cotnplie s with all the general standards for- conditional used
approval listed'in sections 41.033 and 41.052; and
jbj The use does not contribute to an inappropriate concentration of such
facilities as ,fudged by the number of similar facilities within 500 feet of
the proposed user the potential effect of the proposed use on public safety,,
and the potential effect of the proposed use on residential, church, school
and park, uses within 500 feet. For the purposes of this section, this
measurement shall be from the property line of the property containing they
alcoholic beverage use to Ile closest property lisle of each of the listed
uses; and
�e L, The us, i
1. Located on a passenger vessel licensed by the state to still alcoholiC
be,aerages on which alcoholic beverages are served only after the
vessel is underway, or is not located within 500 feet of a
conforming church, school or park use, residential zone, or similar
alcoholic beverage use; or
2. Located within 5001 feet of a conforming church, school or park
37
use;, residential zone., or similar alcoholic beverage use but is
located in the Urban +-enter district or is separated from tttese uses
by a. right-of--way of 100 or more feet in width; or
1ocated within 500 feet cif a conforming chu-rch, school[ or park
uses, n.—idential, zone, or similar alcoholic beverage use but the
apialica rR demonstrates that there are conditions which are unique
to the property Ouch as structure and site design, property location
and orientation, or the particular physical surroundings, shaise or
topographical conditions of the propertt�y) that warrant granting the
conditional use permit; and
dy- The applicant demonstrates that the potential negative inapacts of the use
are mitigated by the design features of the structure and site. Specifically,
she applicant shall address the following issues:
1. "1ructure designs entrances, windows, exterior service windows
and loading entrances shall be oriented so as to minimize impacts
on adjacent properties.
2. Type of entertainment and hours of operation - shall be compatible
vAth s►arroanding uses.
3. Provision of buffers - perimeter landscaping shall meet or exceed
the standards of section 42,27 to the extent allowed by site design.
4. Site design - the applicant shall specifically demonstrate, !hat the
site design, as determined by such factors as building orientation,
outdoor seating, outdoor loudspeakers, parking location, buffers,
site lighting, and actress and loading area design and location, is
con'apatible with surrounding uses,
jet All occupational license approval standards, including the police
department background check of the applicant, small be met prior to the
issuance of an occupational license for the use; and
1.11 11i d is bt ch cornmerciai and resort cornmerc8al districts, ni'a clubs,
taverns and bars shall only be permitted in delicatessens, or in shopping
centers or .hotels/motels consistent with the provisions of section 41.071
except that expansion of alcoholic beverage sales area and changes of
business ownership for existing nonconforming nightclub, tavern and bar
uses may be considered; and
q, In the 'North Greenwood commercial district, no new nightclub, tavern
33 8
and liar uses shall be allowed, but expansion of alcoholic beverage sales
area and changes of business ownership for existing nightclub, tavern and
'far uses! may be considered.
(20) Noncommercial parking may be allowed within the residential, lim ted office,
general office, rye ,ghborhood co e:rcial, North. Greenwood commercial,
ercial,
downtown/mixed ease, highway conmiercial, inf ll commercial, and limited
industrial districts subject to all of the following
a) Single-family residential property may be used for noricom,.,nercial parking
only when such parking is accessory to a primary use in adjoining
publiclsemipublic district. However, such. parking on single -family
residential property shall not be used for any portion of the at'fstreet
parking required by this Code; such parking shall be provided only for
excess or overflow parking; the parking lot shall not he surfaced; access
directly from the street or from adjoining residential property shall not be
provided to a;parking lot located on single-family residential property; the
area, lost width and lot depth of single-family residential property used for
noncotriniercial parking shall not be considered in determining whether the
adjoinin public./sernipublic property meets the applicable dimensional and
nornerical develop Went requirertlents; and a conditional use for parking on
single-family residential property shall not ran with the land, but shall
expire, upon a change of use of the adjoining publiclsem,.pubalic property.
The parking lot shall be designed, surfaced and landscaped in accord with
all applicable requirements contained in this development code; however,
surfacing shall be prohibited on single-family residential property.
(c) Access to the parking lot =Tall iiot be provided directly from the street or
from aby residentially zoned property adjoining the property which is the
subject of the conditional use application, unless specifically authorized by
the plara'mg and zoning board; however, access directly from the street
or frog ai adjoinii�g residential property shall not be provided to a parking
lot located on single-family residential property.
(d) The use 55,bail comply xvith all of the ge ra] standards centai-ned i:: —tic,
41.052.
(e) Noncommercial parking lots which adjoin residentially zoned property
shall be! provided with an, opaque fence or wall along all property lines
adjoining, the residentially zoned property, and may be used for the
parking of motor vehicles other than recreational vehicles, semitrailer
trucks, or cabs„ commercial vehicles, buses, or vehicles designed to
transport wastes or hazardous or noxious materials, which are prohibited.
3'9
r f
Such loits shall not be used for the parking of trailers, boats or boat
trailers. Arly 1,ghting of such parking lot shall not exceed the height of the
,
opaque fRn,Rce or wall required along all property lines. However, a
parking lot which adjoins sin le-fammilly residential properry shall be
1 9 1 1� �
provided with a landscaped strip of land not less than ten feet in width
along all property" lines adjoining the sir xgle-family residential property.
(f) No portion of any parking space shall be closer than. ten feet from the
propeM- line of any adjoining single-fa.-nily .1-esidei-.tiaI property.
(g) All applicable requirements of sections 41.2.211 and 42.21 shall be satisfied
without dre granting of any variance Llierefrom.
(h) Such parking shall not be required by this code to serve, another use.
W If the parking is provided on property zoned for multiple-fam- fly
residential or nonresidential uses, such parking shall be guaranteed to
remain available through a longterm lease or other appropriate instrument
running vd.t1h the land for a term equalling or exceeding the projected life
of the use which the parking is to serve.
Q44--.?�k^ff-4ag4iome�,-imey--be-aP-wedm4dun-jdie-�����, �iple-
+I 1-+-A &Pr-
e011-
I he use. teR-be-sepfff
122)Outdoor coramt-rcial recreation/entertainment may be allowed within the beach
core mercial. resort commercial 24 and 28, urban center (core), urban center
(eastern corridor),, general commercial, highway commercial, infill commercial,
and Ccliter districLs, subject to all of the following:
(a) All facilities and activities shall be self-contained on the premises, unless
otherwise ,approved by the planniing and zoning board.
C
(b) The use shall comply with all of the general standards contained in sectior,,�
41.05" 5igq&ee fi.
40
n ^_ , �"+a. ,a w";nt ,mss
, �$ca--°-��crs��bi.a�
esvifn
eeffte t ro r® Y
se
.�"'-•-°--���3 �i1'��'- :.:�:�--sus--�� i �°^'�'- °3'. �.'^� � :�
, 9
e er. the :
a
c��' •'� __�---- r---Ar---a ic=via.-¢a��
A
°-, - 3 a ? -6 °-►-ern- T-e--
`C3��n•,.tll�Y".T`�s'�T"A7 '°�iSi—h'"B3.' �•l1�''°��a }�
•a:� 'if x •4'..'�-c5,_ +n r�, r._t�m"rs®i Tz4 dii:. SSY
rrW afeft
J
: $'sue" .•--°•�. +v r.T^� .r;- a a •�,��can-� A ip"
1
R'96�'Q'MRH
�3"I'�:+�-^"�SC+c7'�tcrs.r •*.eax�--_ rra -� aw��tt—=_ '+� .2 3.,.r.,�"�.'' -,°$sq..
9
�a
� i$ 2$t Ar'"'��7..✓Gr'dh5t. .Y �. i,3 a. � ildl� �.� �6.$➢.Tr�S$g�i 4�9b
All
l utdoor retail sales, displays and/or storage may be allowed within the urban
center (core), urban center (eastern corridor), general commercial, highway
commercial, ini"illl commercial,mercial, commercial center, downtownimixed use, and
limited industrial districts subject to all of the following:
ial The outdoor use shall riot adversely affect the colnmunity ap„. °w arance
objectives of the 'city. In particular, no temporary buildings, portable
buildings, tents, stands, trailers, vending carts or like buildings or
stt-L:ctures shall be utilized in conjunction with the use.
(b) In do rntownimixed use districts, outdoor retail sales and displays shall be
limited to vegetable and fruit stands and similar uses. For outdoor storage
uses in downtown/mixed use districts, a minimum lot size of 30,000
422
square feet shall be provided.
(c) In linfill Gcommerciall Ddistricts, outdoor retail sales and displays of boats
and vehicles shall be prohibited, .ex�gpL for i,,ehicle sales &ppr(2.vLd b L 1,1-e
�2 —y-
2!LngfAgg, and zoning board as a conditiomm I use.
(4) In linfill C-commercial -.Ddistricts, a minunurn lot size of 30,000 square
feet shall be provided for this use.
(e) The use shall comply with,all of the general standards contained in section
41 05,Z
2s,ckage_11c sales may be allowed within the neighborhoqd-
S)h,ol;c beverML_
comnaercial. TNorth Greenwood commercial beach commercial, resort
commercial,
--general commercial doyintown/mixed use. infill coMMerciaL
highEgy_M-qqg,rcial an center (core). urban cent,;.r
L, commercial center. urban
Itern_S:, iridLor). and limited industrial zoning districts subject to all of tj�e
followLir-191
Lai The Use c_, OMDIies with all the general standards for conditional uLe
gD —
,proval listed in-sections 41.033 and 41.052,and
The use does not contribute to an inappropriate concentration -of such
facilifies-as *ud ed by the number of similar facilities within 5900 feet of
t
thq� w gLed use._the potential effect of the proposed use on public salfety,
and the potential effect ofthe proi)osed use on residential, church. school
MJ_V�ajr, uses within 501D feet. For the tsur oses of this section, tf&
_measureiment shall be from the goperty line of the rorD)e containing the
g1cohotic beverage use to the closest-prone
Pe line of each of the listie(I
has s°
�c) The_gse is:
1. NTot located within.500 feet of a conforming church, school or Y)ark
1�,e,, residential zone. or similar alcoholic beverage use, or
2z Located w;vhj".. 55,10 Ifiget Off a conlibr—m-Ing- efifurcil, scho Irk
............
use, residential zone grjimilar alcoholic be✓eraRe Use but is:
I.,ocated in the Urban Center district: or Separated from these uses
tLy a right-Lf- a-, -. or
E:_L of 100 or more feet in width
3. Located within 500 feet of a confo=.ing church, school or pgrk
use or residential zone. or similar alcoholic beverage use but ghee
applicant demonstrates that the Dotential negative effects of the 1q5e
43
CIA
is im itigated by street ure design (including location of entrances.
Windows and exterior service indowsfloadine entrances), by
hours of eration. by site design fincluding building orientation,
,aarjLng location u ers. site li htin and access and loading area
i s i nllocation and by other relevant factors as determined b
board; and
(' ) ` r° applicant dernonstrates that the potential negative im acts of the use
Are g by the designfeatures of the smicture and site _SpegLfically.
the a licant &-all address the following issues:
1. Structure des 2.n ei.trances windows. exterior service windows
and loading entry-mes shall be oriented so as to minimize i acts
on abd*acent proDerties.
?. f pe of entertainm- ent and hours of operation - shall be compatible
Ali r surrounding,uses_.
E'.L lvisipn of buffers Sri eter landscaping shall meet or exceed
the standards of section 42.27 to the extent allowed by site design.
. Site design - the aindicant shall smcificall y demonstrate that the
site desi,gn.as determined by such factors as building orientationz
gutdoor seatin outdoor loudsveakers, nackinn location, buffers.
sire,li2htinz. and access and loadin area design and location, is
OI'n atible with surrounding uses; and
Le). All oc u ationa license a. ro v_al standards, including the police
de ar: nergt background check of the applicant, shall be Met prior to the
issuance of an occupational license for the us and
In beacn commercial and resort commercial zoning districts the use shall
2nly be itted in delicatessens, or in sh000ir ;enters or hotels/motels
consi it with the_provisiom of section 41.071, except that expansion of
alcoholic beverai2e sales area and changes of business ownership for
!gxisti g-nonconfc rniine mcka e sales apses niay be considered. 'dot more
1h4n fivILvercent of the gross floor area snail be devoted to the sale or
cti
play ,djac ed alcoholjI beverages in delicatessens; and
6 in the_Nlorth Greenwood commercial district, no nevi Dackage sales uses
shall be: allowed. but ex a.nsion of alcoholic beverage sales area and
l7ariggs pf business ownership for existing package sales uses may be
t�i�rrsitlere� .w
44
z_:
(24) Personal services ray be allowed in the linsited office, and general office -aii
eft p ; districts subject to all of the following:
N IT P iM -sc.&,ri ,. a Kr3YL:Z3Sd �lw4�iw �.fY.Sa�W.Q�1� • 9 5
mffe
3 1- --+ s F
(alp) In limited office and general office districts, the use shall be limited to
beauty salons and barber shops only, and shall not have hours of operation
incompatible with surrounding uses;parking generated by the use shall not
overburden existing or proposed parking facilities.
(be-,) The use complies with all of the general standards contained in section
41.05'2
{?S . )Public and private elementary, middle and high schools may be allowed within
the urban center (transitioif) district, subject to all of the following:
(a) The total amount of land area devoted to the use shall be a>minimum of
one acre and a maximum of three acres;
(b) The scab; of any structures and facilities associated with the use shall be
compatible with surrounding properties;
(c) Any outdoor recreational facilities associated with the use shall be
designed and located so as to be compatible with surrounding propertie:�;
and
(d) The use,shall comply with all of the general standards contained in'sectic�n
41.05.1 s ti (b) ef'4iis seeae
(262-S) ecreation activities ,'other than'those 'listed as permitted uses may be allowed
within the aquatic lands/coastal and interior districts following review and
recommendation on by the harbormaster and upon determination that the use
complies with all of the general standards contained in section 41.052.
(27 )Recreational vehicle parks may be allowed within the resort con- -nercial 24 and
and high way commercial districts upon detern2ina°tion that the use comr.lies
with all of the general standards contained in section 41.052.
(Z 2),Residential shelters may be allowed within the multifamily residential districts da
the limited office, neighborhood commercial, general commercial,
downtown mixed use, highway commercial, infill commercial, urban center
45
i
I
y�y
I
i
tc ire), urban center (eastern. corridor), urban center (transition), limited
industrial, research, development and office park and public/semipublic districts
subject to compliance with all of the general standards contained in section �
41.052.
(12474)Restaurants and accessory alcoholic beverage saps uses serving alcoholic
beverages located within 200 feet of a church or school may be allowed `perh
in the neighborhood commercial, North Greenwood commercial.', beech.
commercial. resort commercial, 24; resort commercial 28, general commercial,
affitbWn/ nixed use L infillcoinmercial,highway commercial.commercial center,
urban center (transition), and limited industrial districts, subject to all of the
following:
(aJ. The use corriplies with all the general standards for conditional use
approval listed in sections 41.033 and 41.052; and
I:bl- The. use does not contribute to an inappropriate concentration of such
facilities as judged by the number of similar facilities within 500 feet of
the proposed use, the potential effect of the proposed use on public safe.j,
and the potential effect of the proposed use on residential, church, school
and park uses within 500 feet. For the purposes of this section, this
measurement shall be from the property line of the property containing!
alcoholic beverage use to the closest property line of each of the listed
uses; and
JcJ The applicant demonstrates that the potential negative effects of the use is
mitigated by structure design (including location of entrances, windows
and exterior service windows/loading entrances), by hours of operation,
by site design (including building orientation, parking location, buffers,
site lighting, and access and loading area design/location), and by other
relevatat factors as determined by the board; and
,(o.)- The applicant demonstrates that the potential negative impacts of the use
are mitigated by the design features of the structure and site. Specifically,
the ,applicant shall address the following issues:
1. Struct are design - entrances, windows, exterior service windows
and loading entrances shall be oriented so as to minimize irnpiacts
on adjacent properties.
2, 'type of entertainment and hours of operation.- shall be compatible
with surrounding uses.
3. Provision of buffers - perimeter landscaping shall meet or exceed
46
U7 e standards of section 42.27 to the extent allowed by site design
4. Site design - the applicant shall specifically alk. onstrate that the
site design, as determined by such factors as building orientatiop,
outdoor seating, outdoor loudspeakers, parking location, buffers,
site lighting, and:access and loading area design and location, is
compatible with surrounding fuses; and
JqJ- All occupational license approval standards, including the police
department background check of the applicant, shall be met prior to tho
iss4an�e of an occupational license for the use.
(al2L.-a-)Restaurants and accessory alcoholic beverage sales. uses serving alcoholic
beverages with'outdoor seating where the service area is located within 200 feet
of a residential Zone may be alloyed pad in the neighborhood commercial,
North Greenwood commercial, beach commercial, resort commercial 1 24, resort
commercial 28, general commercial, downto /m ed use infill commercial
highway comLmercial, commercial center, urban center (bayfront), urban'center
(care), urban center (eastern corridor), urban center (transition), and limited
industrial districts, subject to all of the following:
(a): The hours of operation and overall site` design are compatible with
surrounding uses, ts determined by such factors as seating orientation,
outdoor loudspeakers, buffers or screening, site lighting, hours of
operation, and access.
(b) The use complies with all of the general standards contained in sectiop
4_1 fly jz
e� x i�*.�it _�; 'A--tee- -s� �� ,� f -.� ,� �•A �� ��`
•::tYT I)t P9YN1R6/'} o f the 9'A9iAY'
//,�,1�, •+ '�. �,fiK„" /}(` 4'�S" "7�e�81'6JWC"l.L.,-:Kig�p[!Ll_-.—_L+�7r_Y:i.n�_-.f,a rc._rne.Aw.cxmtxr
q�d—'���'�'fM
,A�(!jPFI. Y, nn:^�. r-.�it%.,a ag street an
r- pfapef4ies-.
YYaY�Jlule- 3 ��J
47
JATio' , f. 3 ---s`.—a rrm}cx°—x : ,z i%=eze-, °&
=&,1 / 4n
(3?294)Universities, colleges, acadernies and similar facilities for learning may be
allowed within the Durban center ( transition) district, subject to all of the
following:
(a) The total amount of lard area devoted to the use shall be a minimum of
one (1) acre and a maximum of three (3) u..;res;
(b) The scale of any strictures and facilities associated with the use shall be
c ompatible with surrounding properties;
(c) Any outdoor recreational facilities associated with the use shall be
designed and hxated so as to be compatible with surrounding properties;
and
(d) The use shall comply with ail of the general standards contained in si t:Lon
l. Mi?! s - +1,;s
(L2-294)Utility facilities may be allowed as a. conditional use in all zoning districts except
the limited industrial and public/serni-public districts, where they are allowed as
a permitted use, subject to all of the following;
(a) The size, scale, mass, noise generation, emissions generation, traffic
generation, and appearance of any buildings, structures, and facilities dull
be reasonably compatible with surrounding land uses.
( )
The use shall be buffered from adjoining properties in a manner consistent
with its size, scale, mass, noise generation, emissions generation, traffic
generation, and appearance to ensure compatibility with surrounding, uses.
At a minimum, the use shall meet the perimeter landscaping requirements
of section 42.27(3) for nonresidential properties, unless located in are area
here the environmental characteristics make such buffering impractical.
(c) The use shall comply with afl of the general standards contained in section
41.052.
Vehicle sales may be allowed within the general commercial. infill commercial,
highway colt Lercial, commercial center urban center (core) and urban cer ter
Leastern corridor, districts. subxect to all of the following:
48
�O The outdoor use shall riot adversely affect the community aapearar ee
o e ,byes of the city. In particular no temp rare buildings, ortai le
buildings tents, stands trailers vending carts or life buildings or
s ic,z-uLes shall be utilized in conjunction with the use.
l Tl e rise shall comply with all of the general standards contained in sectJLQn
41.052.
.
(34-30)Vehicle service,rnay;be allowed-within the beach commercial, general commercial,
d:ow ntdvvm/mixed use, highway commercial,infill commercial,commercial center,
urban center(core), urban center(eastern corridor) and limited industrial districts,
subject to all of the following;
(a) Aril s rike 'bays shall be located within an enclosed building and all
servicing shall be conducted indoors.
(1 ) Entrances to any service bays shall be appropriately oriented with respect
to adjoining uses.
(c) All used tires, parts and similar objects shall be stored in a building or
other enclosed structure.
(d) Careful distinction shall 'be drawn by the board with regard to the type! of
service to be performed'. Major repairs, including engine or transmission
dismantling, painting, body, fender, muffler, top and upholstery work,
shall not be allowed unless specifically permitted by the planning and
zoning„ board.
( ) The use: shall comply with all of the general standards'contained in sect-ion
41.052 ee
Q )Veterin ry offices may be allowed with the limited office, general office„ general
commercial.,, downtown/mixed use, highway commercial, infill commercial,
commercial center, neighborhood commercial, urban center, and beach
commercial districts, subject to all of the following;
(a) ! activities shall hft conducted Nvithin soundproof, ai' co-nditiooed
buildings with no outdoor cages, ra s or other outdoor facilities ti.'less
dete r-rained by the plaIwuling and zoning board that such facilities are
located and screened so as to not adversely affect the use, enjoyment or
value of surrounding properties.
(b) There shall be no overnight boarding of animals unless determined by the
planning and zoning board that such boarding facilities are sufficiently
49
soundproofed and air conditioned and are made available only to a nimals
requiring veterinary treatment.
(c The use shall comply with all of the general standards contained in section
41.052
¢� - -
."' k�ss;;.
(3 .J) olesalibgfdistrituting facilities may be allowed within:the general commercial,
highway commercial, and infill commercial districts, urban center (core), and
ufoan center (eastern corridor), subject to all of the following:
(a) The size, mass and scale of any structure used for such activity is
compatible with surrounding structures.
(bit The proposed access, site design, and vehicles used in the operation are
compatible with surrounding uses.
(c) The use shall comply with all of-the general standards contained in section
41.052 .
See, 41.161. Home Occupations.
( ) Standards. All home occupations shall conform to the standards enumerated as
follows:
(b) No persorns other than Family meinbers residing within the dwelling snit shall be
engaged in the occupation, unless the occupation is a service conducted away
from the premises of the applicant, in which case `�--*L -tt additional
M s n lw y i w rata be gaged in the occupation -provided such employees v t at
the sit: where the service is conducted and not at the horne where the occupation
is licensedl.
,Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Flan.
50
Section 3. Tbis ordinance shall ta<ke effect Lnunediately upon adoption.
PASSl., l FIRST EADING January 18, 1996
PASSED C')ND AND
l l��L G A ADOPTED ��������� �5 1996
✓
Rita Garvey
Mayor-Commissioner
Approved as to form and Attest:
legal sufficiency:
Assisuint City At�B y City derk
51