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6044-96M r, r yy`/ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 35.11, 40.034, 40.035, 40.043, 40.044, 40.064, 40.065, 40.084, 40.085, 40.104, 40.105, 40.124, 40.125, 40.134, 40.135, 40.144, 40.145, 40.164, 40.165, 40.184, 40.185, 40.204, 40.205, 40.224, 40.225, 40.243.1, 40.244, 40.266, 40.284, 40.285, 40.304, 40.305, 40.324, 40.325, 40.344, 40.345, 40.365, 40.366, 40.384, 40.385, 40.404, 40.405, 40.424, 40.425, 40.434, 40,435, 40.444, 40.445, 40.464, 40.465, 40.474, 40.475, 40.484, 40.485, 40.504, 40.505, 40.524, 40.525, 40.543, 40.545, and 41.053, CODE OF ORDINANCES, TO DEFINE "PUBLIC SAFETY FACILITY," TO DELETE POLICE SUBS'T'ATIONS FROM THE DEFINITION OF "UTILITY FACILITY" AND TO DELETE LANGUAGE 'CONCERNING POLICE SUBSTATIONS FROM THE SUPPLEMENTARY STANDARDS FOR UTILITY FACILITY CONDITIONAL USES, TO ALLOW PUBLIC SAFETY FACILITIES AS A PERMITTED USE IN THE CORE AND EASTERN CORRIDOR SUBDISTRICTS OF THE URBAN CENTER DISTRICT AND IN THE PUBLIC /SEMIPUBLIC DISTRICT, TO ALLOW PUBLIC SAFETY FACILITIES AS A CONDITIONAL USE IN ALL RESIDENTIAL DISTRICTS, THE LIMITED OFFICE DISTRICT, GENERAL OFFICE DISTRICT, NEIGHBORHOOD COMMERCIAL DISTRICT, NORTH GREENWOOD COMMERCIAL DISTRICT, BEACH COMMERCIAL DISTRICT, RESORT COMMERCIAL 24 AND 28 DISTRICTS, GENERAL COMMERCIAL DISTRICT, INFILL COMMERCIAL DISTRICT, HIGHWAY COMMERCIAL DISTRICT, COMMERCIAL CENTER DISTRICT, DOWNTOWN /MIXED USE DISTRICT, BAYFRONT AND TRANSITIONAL SUBDISTRICTS OF THE URBAN CENTER DISTRICT, LIMITED INDUSTRIAL DISTRICT, AND RESEARCH, DEVELOPMENT, AND OFFICE PARK DISTRICT, AND TO IDENTIFY STANDARDS FOR APPROVAL FOR PUBLIC SAFETY FACILITIES IN THE AFOREMENTIONED DISTRICTS WHERE ALLOWED AS A CONDITIONAL USE; TO SPECIFY THE APPLICABILITY OF THE AREA THRESHOLDS SET FORTH IN THE RULES CONCERNING THE ADMINISTRATION OF THE COUNT MP, FUTURE LAND USE PLAN AS AMENDED; PROVIDING AN EFFECTIVE DATE. OWNAM8 NO. W44-00 Lamw BE IT ORDAINED BY THE CITE' COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 35.11, 40.034, 40.035, 40.043, 40.044, 40.064, 40.065, 40.084, 40.085, 40.104, 40.105, 40.124, 40.125, 40.134, 40.135, 40.144, 40.145, 40.164, 40.165, 40.184, 40.185, 40.204, 40.205, 40.224, 40.225, 40.243.1, 40.244, 40.266, 40.284, 40.285, 40.304, 40,305, 40.324, 40.325, 40.344, 40.345, 40.365, 40.366, 40.384, 40.385, 40.404, 40.405, 40.424, 40.425, 40.434, 40.435, 40.444, 40.445, 40.464, 40.465, 40.474, 40.475, 40.484, 40.485, 40.504, 40.505, 40.524, 40.525, 40.543, 40.545, and 41.053, Code of Ordinances, are amended to read: Sec. 35.11. Definitions. The following words, terms and phrases, when used in this development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Utility facility means the use of land, improvements or facilities thereon by a public or private utility, including but not limited to potable water facilities and pump stations, remote switching stations, wastewater treatment plants and lift stations, peliee-subsWiewi; electric substations, and power generation facilities. This definition does not include transmission and distribution lines, water or sewer mains, bacldlow preventers, transformers, traffic signal control cabinets, and similar equipment not generally considered to be structures. Sec. 40.034. Conditional uses. Within Single - Family Residential "One" Districts, the following uses may be allowed as conditional uses: 0RtHt VXr= No, "4.06 7 M Public safety facilities. Sec. 40.035. Use limitations. The following use limitations apply to singleAhmily residential "om" districts: ,(Si I]= Wrnitted and conditional uses allowed in this district shall be subject tom area threshold applicable to Bch us ,s s set forth in the Rules Concerning th_e Administration of the ountywide Future Land Use Plan as Amended. Sec. 40.043. Conditional uses. Within single - family residential 2 districts, the following uses may be allowed as conditional uses: Public safety facilities. Sec. 40.044. Use limitations. The following use limitations apply to single - family residential 2 districts: ape itted n w_udj iaml uses allowed in this district shall_ bo ^ubiect to-fM ar threshold applicable to such uses as tet forth in It r Riles ConseM P Administration of thpounZmide 'Fitt land I ae Raan as AmendfAL OADMANCE NO. 60"06 3 LAIW W Sec. 40.064. Conditional uses. Within single - family residential 4 districts, the following uses may be allowed as conditional uses: f Public safety factliti.� Sete. 40.065. Use limitations. The following use limitations apply to single - family residential 4 districts: The permitted and conditional uses allow in this district shall be s biect to the area threshold applicable to such. ss es as s .r forth in the_Rules Go. A_dminisgation of the rountywideEuMre Land Use Plan as Amoded. Sec. 40.084. Conditional uses. Within single - family residential 6 districts, the following uses may be allowed as conditional uses: fZ Public safety facilities. Sec. 40.085. Use limitations. The following use limitations apply to single - family residential 6 districts: 01 The r&rmIftW an his i ri tyhalIJv siblect to the area threshold applicable to— st�r_.h is _g as set forth in the Rules ome ing the Administration of tL-Countvwide Future and Ut . Plan as Amended. ORDINANCE No, 6044 -96 4 Ah Sec. 40.104. Conditional uses. Within single - family residential 8 districts, the following uses may be allowed as conditional uses: Public safety facilities. Sec. 40.105. Use limitations. The following use limitations apply to single - family residential 8 districts: The pemAUPt d amd conditional uses allowed in this district shall be subject to the area threshold annlicable to suchusesaas set fort's in the Ilules_Concerning the Administration _of the Co nWmide Future Land Tice Plan as Amendgd. See. 40.124. Conditional uses. Within multiple- family residential 8 districts, the following uses may be allowed as conditional uses: Biblic safety R&M= Sec. 40.125. Use limitations. The following use limitations apply to multiple - family residential 8 districts: ORDIU NCE NO. 6044-W 5 Aiiiiiiiiiik roq r) Sec. 40.134. Conditional eases. Within Multiple -Family Residential "Ten" Districts, the following uses may be allowed as conditional uses: (fL� B3biic safety facility Sec. 40.135. Use limitations. The foi llow�n, Lce limitations [PPIly to m �l ' 1 f ilv residential 10 district l6� The nermitte and con 1iioetal teces ^lia�ved in thjs dig __,�tlirt .shall be sLbj c�tt area threshold apFlicable to cinch uses as :ceP forth in the RLIe jgg the Administration of the C'oLn ride FLhtrP end Tice Pl n ac /lmPnt�P� Sec. 40.144. Conditional uses. Within multiple -family residential 12 districts, the following uses may be allowed as conditional uses: JIM pabli saf fa i iti c Sec. 40.145. Use limitations. The following use limitations apply to multiple - family residential 12 districts: ORDINANCE NO, 6044.96 6 The r rnitted and conditional uses allowed in this district shall be subject to the area threshold annlicable_ to such uses as set forth in the Rules Concerning the Administration of the o ntyRide Future Iwnd Use Plan as Amended. Sec. 40.164. Conditional uses. Within multiple- family residential 16 districts, the following uses may be allowed as conditional uses: Public safety facilities. Sec. 40.165. Use limitations. The following use limitations apply to multiple- family residential 16 districts: fM Ile i�1 and conditional uses 111 =�e in this district shall be Gubj� t o h area thres Id ap livable to sic SPS as set fo in the .Rules Conctirrd. W the Adm?n strab'M_4f the o Wyid Future Land Ilse Plan as Am= ded. Sec. 40.184. Conditional uses. Within multiple - family residential 20 districts, the following uses may be allowed as conditional uses: ORDINANCE NO, 6044 -96 M ra M Public safety facilities. See. 40.185. Use limitations. The following use limitations apply to multiple - family residential 2O districts: ($� The permitted and conditional uses allowed in this district shall be subject to the area threshold applicable to such uses as set forth in the Rules Concerning�he Ad'nistration o_f t o ntyw & Future Land Use Plan as e Ammid Sec. 40.204. Conditional uses. Within multiple - family residential 24 districts, the following uses may be allowed as conditional uses: Public safely fiwilities, See. 40.205. Use limitations. The following use limitations apply to multiple- family residential 24 districts: T�jte ,permitted and conditi�al uses allowed in leis district shall b _mijmt to the pea threshold applicable to n er i g the Adminigration of the aWmi de Fntnr _ Land Use Man as Ammd& ORDINANCE NO, 6044-98 M Sec. 40.224. Conditional uses. Within multiple- family residential 28 districts, the following uses may be allowed as conditional uses: CZ) Public safety facilities, lities, Sec. 40.225. Use limitations. The following use limitations apply to multiple - family residential 28 districts: ($) The permitter and c allowed in i,is riastrict hall be snt j t t area threshold annhcabli. n snrh es asst fo h in he R les o- ncerning the Aaministratinn of the Countywide Future Lind Use Plan as Am nriPr� Sec. 40.243.1. Conditional uses. Within mobile home park districts, the following uses may be allowed as conditional uses: (2) Public safety facilities Resei-vcd. Sec. 40.244. Use limitations. The following use limitations apply to mobile home park districts: G) ne Immitted and conditional uses allowed in this rile 4ot et,att ORDINANC5 No. SM-96 9 �� Sec. 40.266. Use limitations. `i'he following se limi tions anpjy�o plann d dev lopment_ di�tri All uses within planned development districts, 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. The nermitted and conditional ucec all in this dr_ 'strict shal_ 1 be subject to the urea threshold annl�cable to such uses as set forth in t he Rulec [`once `ing the AA— the Countywide Future r and Use Plana Am ndW Sec. 40.284. Conditional uses. Within limited office districts, the following uses may be allowed as conditional uses: LW Publ_csafety a ili i c Sec. 40.285. Use limitations. The following use limitations apply to limited office districts: TrrWro See. 40.304. Conditional uses. Within general office districts, the following uses may be allowed as conditional uses: ORDINANCE NO. 6044-00 10 W Public safety facilities. Sec. 40.305. Use limitations. The following use limitations apply to general office districts: (. The Wmnjagd and conditional uses allowed in this district shat be subject to the area threshold applicable to such uses as set forth in the Rules Concerning the Administration of the o WxWe Future Land Use Plata as Amended. Sec. 40.324. Conditional uses. Within neighborhood commercial districts, the following uses may be allowed as conditional uses: LM Public safrgX- gU tic See. 40.325. Use limitations. The following use limitations apply to neighborhood commercial districts: fW The Mr pitted Ijow= dill this district shall iect to the area threShold apnlicabXe toto sh�e� nS .ie�Sin the Rules Goncpmin.,tlie Ad. inistra ion Jbc CounZ side Future Land Use Plan as AMM&&L Sec. 40.344. Conditional uses. ORDINANCE NO, 60498 11 Within the North Greenwood commercial district, the following uses may be allowed as conditional uses: 0 Public_ safetX facilities. Sec. 40.345. Use limitations. The following use limitations apply to the North Greenwood commercial district: The DQM tted and cr43ASiitional uses allowed in this district shall he subject to the area threshold applicable to such uses as set forth in the Mules Concerning the Administration of the Countywide Future Land Use Plan as Amended. Sec. 40.365. Conditional. uses. Within beach commercial districts, the following uses may be allowed as conditional uses: Public suety facilities. Sec. 40.366. Use limitations. The following use limitations apply to beach commercial districts., jM The lxrmi 1 _be_sub1W to the x h Shold 1p in cabl to . h in tion of f Comlywide &t»re Land Usk �n a_yAiilel dcd. OADINANCE No. 6044 -56 12 ■ Sec. 40.384. Conditional uses. uses: Within resort commercial 24 districts, the following uses may be allowed as conditional {1Q), bib is safety hQkjCL 13 oantwwcr NO. 6"4. W 1 ` Sec. 40.405. Use limitations. 4 The following use limitations apply to resort commercial 28 districts: ($� The Permitted and conditional aces alloy =red in this district shall be anhj t t area reshold annlicable to uch �s -s ac ser fo h in the ltul_e oncerning the A_dm_ inist_rat_inn of he Cou ntvwide Fuh,rP T end se PI an as Amended, Sec. 40.424. Conditional uses. Within general commercial districts, the following uses may be allowed as conditional uses: i1$1 Public safety facilities Sec. 40.425. Use limitations. The following use limitations apply to general commercial districts: JM ne_Permitted and conditional is -s a11ot =red in thi district shall bti SLbiect to th a�'ea khreshold ap, li able o such it�ses as s t�farth ixi the Rul c f'onc�rnin� the Adminittratinn of the o Mwide F t r - l -and iTc .Plan as Amended See. 40.434. Conditional uses. Within Infill Commercial Districts, the following uses may be allowed as conditional uses: Public safely 14 ORDINANCE NO, 6044.96 i Sec. 40.435. Use limitations. i The following use limitatio s an�jy to infill commercial dictri rc ($� The nermitte d and conditional uses alloy =red in Chic district hall ]h cnhj ect to at'ea- threshold _an G .t forth in he las Concerning the Administration of the Countywide FU' urA Land Use plan a mend, See. 40.444. Conditional uses. Within highway commercial districts, the following uses may be allowed as conditional uses: ORDINANCE NO. 6044-96 15 ORDINANCE NO, 6044 -96 16 Sec. 40.484. Permitted uses. (2) Within the Core subdistrict, only the following uses and structures designed for such uses shall be permitted: Public safegv facilities. (3) Within the Eastern Corridor subdistrict, only the following uses (and structures designed for such uses) shall be permitted: Pub1ig . safety facilities. Sec. 40.485. Conditional uses. (1) Within the Dayfront subdistrict, the following uses may be allowed as conditional uses: (h) pablic safety f Ilities. (3) Within the Transition subdistrict, the following uses may be allowed as conditional uses: ORDINANNC5 No, 6044 -9$ 17 to Public safety &° Uifl . ORDINANNC5 No, 6044 -9$ 17 Sec. 40.504. Conditional uses. Within limited industrial districts, the following uses may be allowed as conditional uses: �L11 Biblic safely facilities, Sec. 40.505. Use limitations. The following use limitations apply to limited industrial districts: UZ The ne and c nditio al es allowed in this distric t shall b to the area threshold annllcable to 'i?Gh "S" as "t forth in the Rules Concerning the Administration of the Countmd& Future Land Use plan as Amend d Sec. 40.524. Conditional uses. Within research, development and office park districts, the following uses may be allowed as conditional uses: ,(Z), Piabl_ic • fa ±lid Sec. 40.525. Use limitations. The following use limitations apply to research, development and office park districts: kM The Dermitted arid conditional uses alloyed in this dktArt ehnll ha CIA " -+ +.. +h- ORDINANCE NO. 60496 18 ■ Y- Sec. 40.543. Permitted uses. Within public /semipublic districts, only the following uses and structures designed for such uses shall be permitted: � ��b1_�__ic yaf�ty faci�litjeS Sec. 40.545. Use limitations. The following use limitations apply to public /semipublic districts: :rI IT[ Mr .1t tt! r.la 1 . :! .1 .Ir M, +• + 1.- .1' +.I= : _ :4..." ,t.t+ t •..L a :11-It-t See. 41.053. Supplementary standards by category of use. 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 unless determined to meet all of the standards applicable thereto. 11r I : /1.t I u.tl' 1ra M Ir Ix'. L&I I • t/ l/ + Ir t r 1 u 11' e11 t 1r �-l• It +n- 1 I$$ �. + •t1 rl 1 t ar, 11 .n / iI .rl a + 1 + t11 .► rr•1 !,1•. /1. / t l.t '1 .. In. a •t 1+ n, + • t.a. , - .. C. 4 1 1 II :. t �. 1 1' j1 / t II I$) 1 t • r l► 1 • • 1 1.,. 1 (t 1 1 1 1: " 1' K .• l l. t 1 1 1 �.1 / t l ORDINANCE NO. 6044-96 19 (" (29.2) utility facilities may be allowed as a conditional use in all zoning districts except the limited industrial and public /semi- 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 shall be reasonably compatible with surrounding land uses. (b) 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 non residential properties, unless located in an area where the environmental characteristics made such buffering impractical. (c) The use shall comply with all of the general standards contained in section 41.052. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING June 20, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: r 41fielt—gall-S' s, Asst. City Attorney July 18, 1996 C Ri ta Garvey, Mayor- Comnuss' er Attest: Cyn 'a E. Goudeau, City Clerk ORDINANCE NO. 6044-96