TA02-01-01
TA 02-01-01
Ord. 6928-02
Code Amendments
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, May 2, 2002 - 6:00 P.M. - Commission Chambers
1 . Invocation - Commissioner Jonson
2. Pledge of Allegiance - Mayor
3. Introductions, Presentations and Awards - Given
a. Proclamation - Emergency Medical Services Week - May 19-25, 2002
b. Proclamation - National Tourism Week - May 5-11, 2002
c. Proclamation - Small Business Week - May 5-11, 2002
d. Proclamation - Clearwater's Cinco de Mayo Celebration - May 4, 2002
e. Police Homeless Outreach Update
4. Approval of Minutes - Regular Meeting 04/18/02 - Approved as submitted
5. Citizens to be heard re items not on the Agenda
John Doran said the Roundabout is still working. Traffic always will be backed up on those
days when everyone is trying to go to the same place at the same time. Traffic is a problem
when Coronado is full of traffic.
Drew Charos said a petition to rename Cleveland Street to Main Street has been circulated.
She suggested signage to help tourists identify when they are in downtown.
PUBLIC HEARINGS
Public Hearing - Second Reading Ordinances
ITEM #6 - Public Hearing and Second Readinq Ordinance # 6950-02 - Annexation for 3010 Grandview
Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E) (Thao and Vui Nguyen
ANX 02-02-01)
ACTION: Ordinance adopted.
ITEM #7 - Public Hearing and Second Readinq Ordinance # 6951-02 - Land Use Plan for 3010
Grandview Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E) (Thao and Vui
Nguyen ANX 02-02-01)
ACTION: Ordinance adopted.
ITEM #8 - Public Hearing and Second Readinq Ordinance # 6952-02 - Zoning Atlas Amendment for 3010
Grandview Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E) (Thao and Vui
Nguyen ANX 02-02-01)
ACTION: Ordinance adopted.
ITEM #9 - Public Hearing and Second Reading Ordinance # 6953-02 - Zoning Atlas Amendment for 101
South Old Coachman Road (Post Court, Lot 1 less the Northerly 920 ft, in Section 18-29S-16E) (Post
Court I Keith Bricklemyer Z 02-01-01)
ACTION: Ordinance adopted.
ITEM #10 - Public Hearinq and Second Reading Ordinance # 6928-02 - Community Development Code
Amendments
ACTION: Ordinance adopted as amended.
ACTION AGENDA
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CONSENT AGENDA (Items #11-16) - Approved as submitted.
ITEM #11 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum:
A. Award a contract to Kimmins Contracting Corp., Tampa, Florida in the amount of $130,000
for the Demolition of the Library, the lowest and most responsive bid received (PW/PS)
B. Declare surplus and authorize disposal of vehicles and equipment (PUR)
ITEM #12 - Authorize settlement of the workers' compensation claim of Claimant, Ronald Pownall, in
its entirety to include medical, indemnity and attorney fees for the sum of $89,975. (FN)
ITEM #13 - Authorize acceptance of $115,571.01 from Peter E. Field Shelter Trust and establish a
separate project account in order to segregate these funds for use by the Clearwater main
library (FN)
ITEM #14 - Award a three-year contract. beqinninq May 1. 2002 through April 30. 2005. to B.J.'s TowinQ
and Recovery. Inc. in the amount of $75,000 to provide adequate towing service, consistent and
uniform fees for the towing and storage of vehicles, and proper safeguards for the protection of
property towed or relocated in accordance with terms of the contract (PD)
ITEM #15 - Brownfields Advisory Board - Reappoint Willa Carson in Resident Category; Appoint Alicia
Reed in Agency or Government representative. (CLK)
ITEM #16 - NAHAB Advisory Board - Reappoint Peggy Cutkomp to Real Estate Industry category (CLK)
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #17 - Award a contract to Kimmins Contractinq Corporation in the amount of $141.100 for the
demolition of the Cabana Club Restaurant to the lowest and most responsive bid received (DS)
ACTION: Award contract but hold in abeyance to provide opportunity to follow through with escrow
agreement to effect repairs needed to meet code.
ITEM #18 - Resolution #02-25 which desiqnates the Finance Director as the city representative and the
Deputy Finance Director and the Cash & Investments Manager as the alternate representative on the First
Florida Governmental FinancinQ Commission (FN)
ACTION: Approved. Resolution adopted.
ITEM #19 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #20 - Other Citv Attorney Items - None.
ITEM #21- City Manaqer Verbal Reports:
a. County Administrator's Recommendations regarding Community Redevelopment Agencies.
ACTION AGENDA
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Gina Clayton reported the Board of County Commissioners are meeting Tuesday with County
staff regarding CRAs (Community Redevelopment Agencies). Staff recommended 4
amendments to the County's approach to designating and funding community redevelopment
districts.
City Manager reported he received a letter from Ms. Moody regarding sewage overflow at her
condominium complex. City Building Inspector Wright has advised the owner he would be cited
if this situation reoccurs.
ITEM #22 - Commission Discussion Items - None.
ITEM #23 - Other Commission Action:
a. Appoint a Commission member to represent the City on the Clearwater Marina Aquarium
Foundation Board
ACTION: Appointed Commissioner Hibbard.
Aunqst said Beach Fest at Pier 60 on April 19, 20 and 21 was a great success. On April 24 & 25th,
Mr. Horne, Ms. Goudeau and he were in Washington, D.C. to visit Congressmen and federal
lobbyists. On April 26th he presented Jahja Ling a key to the City in appreciation of his 14 years
with the Florida Orchestra. He was out of town for Neighborhood Block Parties on April 20th, but
had the opportunity to attend 3 block parties on April 27th: Northwood Estates; Northeast
Clearwater Regional Homeowners Neighborhood Picnic, and Forest Wood Estates. On April 28' the
Commission, with the exception of Commissioner Hamilton who was out of town, attended the
Windsor Park neighborhood event organized to dedicate their entrance and to honor Michael (Mac)
Tarrou, who was a flight attendant and victim of the September 11 tragedy. At Monday's
worksession, guests from the U.K. were interested in the City's process and said they faced
some of the same issues in Leicestershire. He and his wife attended the National Day of Prayer
observance at the Harborview Center on May 1 at 7:00 a.m. On May 1 he and Mr. Horne attended
the kickoff luncheon at the Belleview Biltmore to kick off tourism week. Friday, May 3 he will
welcome representatives from the State of Hidalgo, Mexico at noon. He invited everyone to attend
the Cinco de Mayo festival at Coachman Park and the annual Fun 'n Sun Parade on May 4. Friday,
May 3 is Fun 'n Sun Phillies night at Jack Russell Stadium at 7:00 p.m. On May 5 the Florida
Orchestra will be performing at Coachman Park. On May 6 the Commission will be in a Visioning
Session for the afternoon. On May 10 at 10:00 a.m. a memorial service will be held at Station
Square Park to honor police officers. That afternoon, he will throw a basket to start the state AAU
Basketball tournament. Concert in the Park at Coachman Park is on May 11.
Hibbard said he enjoyed the National Day of Prayer observance at the Harborview Center on May
1. He was glad the City gave out free trees at the Arbor Day celebration last week. He said
citizen surveys have been received and he looks forward to the results.
Jonson distributed paradigms of interaction he received at the advanced IEMO class he attended.
He enjoyed the visitors from England who were interested in the City's governmental process. He
participated in the downtown clean up, and requested that citizen properly dispose of all forms of
litter. He participated in the hurricane disaster exercise and saluted the Fire Department and other
participants involved in preparing for it. He enjoyed visiting neighborhoods during Neighborhood
ACTION AGENDA
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Day. He represented the Commission at the ribbon cutting ceremony at Freedom Ford. He
attended the NAACP Freedom Banquet. He reported on the PSTA Awards function that took place
on the Starlight Majesty cruise through Clearwater harbor. He thanked staff for a great job in
movin9 into the interim library facility. He encouraged everyone to attend the Clearwater Historical
Society's annual fish fry at Clearwater High School beginning at 11 :30 a.m.
Hamilton said he and his wife had a wonderful trip to Hawaii to celebrate their 20th wedding
anniversary. He congratulated Margie Simmons and her department for the award her department
received for 22 consecutive years. He was sorry he missed Neighborhood Day.
Grav attended the National Day of Prayer at Skycrest Baptist Church, the ice cream social at the
MSB (Municipal Services Building) to benefit the Relay for Life, and the library farewell. She said
the Smooth Jazz Concert went well.
ITEM #14 - Adiournment - 8:15 p.m.
ACTION AGENDA
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PRELIMINARY AGENDA
Clearwater City Commission Work Session - 9:00 A.M. - Monday - Apri/1, 2002
Service Awards
PUR PURCHASING
01. Purchase four (4) Flygt pumps for $82,649 from E K Phelps & Company. (PU/WPC)
02. Purchase contract renewal for gas materials-meters & regulators during contract period
May 2, 2002 through April 30, 20030f 2001 bid for $150,000 from M T Deason Company
Inc. (CGS)
03. Purchase to replace five (5) 2002 Toro Z Master riding mowers with attachments and
three (3) 2002 Toro 328D Groundsmaster riding mowers for $82,378.47 from Wesco
Turf Supply. (GSS/FLEET)
04. Service contract Cellular digital packet data service during the contract period March 1,
2002 through march 31, 2004 for $120,000 from Alltel. (PO)
05. Service contract relocation of library furniture and materials for $67,500 from
Professional Movers, Inc. (LIB)
DS DEVELOPMENT SERVICES
01. First reading Ord #6918-02, revising Appendix A, 5% increase in Occupational
License Fees, Code of Ordinances.
FN FINANCE
01. Approve the use of a City bank account, with signature authority to HDR Engineering in
the amount of $5,000 for the day to day operations of Friendly Village of Kapok
Mobile Home Park upon purchase of the park by the City. Consent
02. Authority to settle the worker's compensation claim of Claimant, Alan Mazurowski in
its entirety to include medical, indemnity and attorney fees for the sum of $125,000.
Consent
03. Authorize lease purchase of capital items that cost $50,000 and under without a
separate authorization from the City Commission as long as they meet the lease
purchase requirements, purchasing standards, and are approved in the budget.
Consent
04. Approve the second and final one-year extension to the Agreement with Banc of
America Securities, LLC to serve as the City's financial advisor. Consent
CGS CLEARWATER GAS SYSTEM
01. Ord # 6984-02 approving new gas utility rates to become effective for all billings on or
after May 1,2002.
GSS GENERAL SUPPORT SERVICES
01. Award contract to Heavy Duty Lift & Equipment, Inc. in Buford, GA. for the purchase of
two(2) surface mounted 75,000 pound capacity Omar Vega 340 portable lifts at a cost
of $121,000 and authorize financing under the City's Master Lease/Purchase Financing
Agreement, in accordance with Sec. 2.564(1 )(d), City of Saint Petersburg bid #7511.
Consent
04-01-02 Worksession Agenda.doc
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MR MARINE AND AVIATION
01. Authorization to institute legal action against a private slip tenant, LeBron Free at Island
Estates slip #140, to recover past due rent and remove boat from slip. Consent
PD POLICE'
01. Res #02-21 authorizing the Mayor, on behalf of the Clearwater Police Department, to
execute the "Tampa Bay Regional Domestic Security Task Force Combined
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and
Memorandum of Understanding" allowing voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines and operational assistance by
and among participating law enforcement agencies within the State of Florida to
promote domestic security.
02. Res #02-22 authorizing the Mayor, on behalf of the Clearwater Police Department, to
execute the "Statewide Mutual Aid Agreement" allowing for reciprocal emergency aid
and assistance in case of emergencies too extensive to be dealt with unassisted.
PR PARKS AND RECREATION
01. Approve the expenditure of $90,000 from Recreation Facility Impact Fees for the
construction of a dog park at Crest Lake Park. Consent
02. Approve a contract to purchase real property legally described as Lot 1, The Clearwater
Collection Second Replat, according to the plat thereof, Public Records of Pinellas
County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot U.S.A.
for $ , authorize acceptance of the deed. Consent
PLD PLANNING
01. Discussion regarding Proposed Code Amendments. WSO
PW PUBLIC WORKS
01. Approve contract, Wolverine Property Investment Limited Partnership, a Delaware
Limited Partnership, to purchase a portion of the Northeast 1/4 of the Southeast 1/4 of
section 8-29S-16E, a/k/a Friendly Village of Kapok Mobile Home Park for $7,200,000
plus estimated environmental site assessment costs of $5,000, a current boundary
survey at $2,500, estimated 2002 property and personal property taxes of $39,500, title
insurance and other closing expenses of $76,500, for total estimated transaction costs
of $7,323,500. Consent
02. Approve Work Order for $132,840 to Tampa Bay Engineering, Inc. (TBE) to conduct
site assessment and remediation activities at the "Former Clearwater Seafood" site
located at 37 Causeway Boulevard. Consent
03. Approve Work Order with Parsons Engineering Science, inc. of Tampa, an Engineer of
Record, for the design and permitting for the Kapok Wetland and Floodplain
Restoration Project in the amount of $315,136. Consent
04. Approve Work Order to Parsons Engineering Science, Inc. to provide engineering
design and permitting services for the Palmetto Street Improvements Project for the
sum of $126,989. Consent
04-01-02 Worksession Agenda.doc 2
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CLK CITY CLERK
01. Two (2) Brownsfields Advisory Board Vacant Appointments
02. Two (2) Parks & Recreation Board Vacant Appointments
03. Appoint Commission members as representatives on the Regional and Miscellaneous
Boards.
04. Appointment to Community Development Board - 'Alternate Position
05. Scheduling initial Budget Workshop
CA LEGAL DEPARTMENT
Second Reading Ordinances
01. Ord # 6932-02 Residential Rentals, creating Article 3, Division 23, Community
Development Code for applicability and restrictions, and amending Appendix A,
regarding occupational license fees, code of ordinances; and approval of a new
Residential Rental Compliance Notice Requirements for Minimum Applicable Standards
form to be filed at the time of occupational licensing.
02.0rd #6937-02 - Annexation Amendments for 1328 Woodbine Street (Lot 17, Block B of
Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) ANX 01-12-30 (To be
Continued)
03. Ord# 6938-02 - Land Use Plan Amendments for 1328 Woodbine Street (Lot 17, Block B
of Pine Ridge in Section 10-29S-t5E) (Liberian A. Miles) LUP 01-12-30 (To be
Continued)
04. Ord# 6939-02 -Zoning Atlas Amendments for 1328 Woodbine Street (Lot 17, Block B of
Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) LUZ 01-12-30 (To be
Continued)
05. Ord #6940-02, - Annexation Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant
Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W.
Blechschmidt) ANX 01-12-31
06. Ord # 6941-02 - Land Use Plan Amendments for 2119 Pleasant Parkway (Lot 5,
Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W.
Blechschmidt) LUP 01-12-31
07. Ord # 6942-02 -Zoning Atlas Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant
Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W.
Blechschmidt) LUZ 01-12-31
08. Ord #6943-02 - Annexation Amendments for 1725 West Manor Avenue (Lot 36,
Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) ANX
01-12-32 .
09. Ord #6944-02 - Land Use Plan Amendments for 1725 West Manor Avenue (Lot 36,
Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) LUP
01-12-32
10. Ord #6945-02 - Zoning Atlas Amendments for 1725 West Manor Avenue (Lot 36,
Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) LUZ
01-12-32
11 . Ord #6946-02 - Land Use Plan Amendment for property at 565 Sky Harbor Drive from
Residential Office/General to Institutional (Parcel of land lying within the SW1/4 of
Section 17 -29S-16E) (Excel Realty Trust) LU P 0'1-12-09
04-01-02 Worksession Agenda.doc 3
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12. Ord # 6947-02 - Rezoning for property at 565 Sky Harbor Drive from Residential
Office/General to Institutional (Parcel of land lying within the SW1/4 of Section 17-29S-
16E) (Excel Realty Trust) LUZ 01-12-09
13. Ord #6948-02 - Land Use Plan Amendment property at 520 Sky Harbor Drive from
Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in
Section 17-29S-16E) (Clearwater Mall LLC) LUP 01-12-10
14. Ord #6949-02 - Rezoning for property at 520 Sky Harbor Drive from Institutional to
Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-29S-
16E) (Clearwater Mall LLC) LUZ 01-12-10
15. Ord #6956-02 - amending the operating budget lor fiscal year ending September 30,
2002, to reflect increases and decreases in revenues and expenditures for the General
Fund, Special Development Fund, Special Program Fund, Water & Sewer Fund,
Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund,
Administrative Services Fund, Garage Fund and Central Insurance Fund, as provided
herein; providing an effective date.
16. Ord #6957-02 - amending the Capital Improvement Budget for the fiscal year ending
September 30, 2002, to reflect a net increase of $162,633 providing an effective date.
First Reading Ordinances
Resolutions
Agreements, Deeds and Easements
01. Grant of Easement, The Grand Belagio at Baywatch, LTD., section 20-29-16E, sanitary
lift station easement. Consent
Other City Attorney Items
01. Authorize City Officials to execute and deliver a Termination and Release of Reverter
regarding potential City of Clearwater (the "City") interest in the Oak Cove and Oak
Bluff buildings. Consent
City Manager Verbal Reports
Commission Discussion Items
Presentationes) for Thursday Night
01. Proclamation - Fair Housing
02. Proclamation - Neighborhoods Week
03. Presentation -Celebrate Neighborhoods
04. Beautification Committee to present award to Autoway
05. Presentation - Water Demand Management with Disinfection
Other Commission Action
Adjourn
04-01-02 Worksession Agenda.doc 4
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rwater
100 S. Myrtle Ave
P.O. Box 4748
Clearwater, Florida
33758-4748
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Planning Department
WORK SESSION AGENDA
COMMUNITY DEVELOPMENT BOARD
DA TE: WEDNESDAY, APRIL, 3, 2002
TIME: 9:00AM TO 11:00 AM
PLACE: 100 S. MYRTLE ROOM 130
CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
A. STAFF PRESENTATIONS
a. ROOF OVERHANG
b. APPEALS
c. SIGNS
B. ADJOURNMENT
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PRELIMINARY AGENDA
Clearwater City Commission Work Session - 9:00 AM. - Tuesday, February 19,2002
Service Awards
Employee of the Month
Team Award
PUR PURCHASING
1. Purchase to replace two and one addition - three (3) Chevrolet Silverado 3500 cab and
chassis from Maroone Chevrolet for $68,698.00. (GSS/Fleet)
2. Purchase to replace two (2) Chevrolet Silverado 3500 HD cab and chassis with utility
body from Maroone Chevrolet for 58,177.00. (GSS/Fleet)
3. Purchase equipment corrosion control (prep and paint), Gemini, Inc. for 98,000.00.
(PW)
4. Purchase contract -April 1 , 2002 thru March 31, 2003 for gas material _ steel pipe and
fittings from M.T. Deason Co., Inc. for $68,000.00. (CGS)
5. Purchase to replace two (2) - 2002 John Deere tractors from John Deere Company for
$61,357.50. (GSS/Fleet)
DS DEVELOPMENT SERVICES
1. Adopt City Commission Policy Statement to establish criteria for Waiver/Reduction of
Lot Clearing and Nuisance Abatement/Demolition Liens. Consent
GSS GENERAL SUPPORT SERVICES
1. Award a contract to Gemini Inc. of Tarpon Springs, Florida for $24,000 to paint the
Parks Beautification Complex.(507 Vine Avenue) Consent
PR PARKS AND RECREATION
1. Approve a twenty year lease and a subsequent renewable lease extension for up to 30
years between Pinellas Community Center, Inc. AKA the Long Center and the City to
lease City land for the operation of a facility for public recreation currently known as The
Long Center, including an annual lease payment by the City. Consent
PW PUBLIC WORKS
1. Ratify and confirm the additional transfer of $43,807.50 to the State of Florida
Department of Transportation (FDOT) for the relocation of existing potable water and
sanitary sewer facilities impacted by the FDOT's S.R. 595 (Alt. US 19/Fort Harrison
Ave.) Roadway Improvement project. Consent
2. Approve Supplemental Work Order #1 in the amount of $18,000 to Tampa Bay
Engineering, Inc., for additional utility relocation design services being performed in
conjunction with the Florida Department of Transportation's (FDOT) S.R. 55/US 19
(CSX RR to south of Enterprise Rd.) Roadway Improvement project. Consent
3. Award a contract to OMS Environmental, Inc., in the amount of $135,000 for smoke
testing of sanitary sewer lines at various locations throughout the City of Clearwater, in
accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Port Orange, Florida
contract. Consent
02-19-02 Worksession Agenda.doc
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4. Public Hearing & First Reading Ord #6936-02 - vacate the 15 foot sanitary sewer
easement lying over the 15 foot vacated alley which lies within Block 3, "Plot of the
Wallace Addition to Clearwater", as recorded in Plat Book 3, Page 6 of Official Records
of Hillsborough County, Florida of which Pinellas County was formerly a part (AKA 601-
639 South Fort Harrison Avenue) (V2002-01 White/Publix).
5. Award a contract for legal advice concerning the FDEP consent agreements with
Akerman, Senterfitt & Eidson, P.A. not to exceed the amount of $10,000. Consent
6. Approve amendment of the Capital Improvement Program (CIP) to restructure
current stormwater utility funding by reducing project budgets by $306,300.92 of
stormwater revenue and $6,628,284.45 of FY 99 revenue bond proceeds for a total
decrease of $6,934,585.37 and increasing project budgets by $18,135,387.00 of FY 02
revenue bond proceeds, $3,100,000.00 of grant revenue from the Southwest Florida
Water Management District (SWFWMD), $1,500,000.00 of grant revenue from a Florida
Department of Environment Protection (FDEP) water resource grant and $277,000.00 of
lease purchase revenue for a total increase of $23,012,387.00 resulting in a net budget
increase of $16,077,801.63.
7. Approve amendment to the FY 02 Stormwater Utility Fund annual operating budget
increasing stormwater fee revenue by $1,366,110; adding two FTE positions
(Research Environmentalist and Senior Accountant) at an increase of $59,100 including
benefits; upgrading an Environmental Technician position to a Research
Environmentalist at an increase of $1 ,650 including benefits; upgrading four Public
Service Technician II positions to Public Service Technician III positions at a total
increase of $5,400 including benefits; increasing debt service by $53,000 for the lease
purchase of a Grade-All excavator, well points and headers, and laptop computers for
field operations; increasing internal service charges by $28,000 for maintenance of and
support for the excavator and computers; increasing other equipment service by $3,000
for maintenance of the well points and headers; increasing principal transfers to debt
service funds by $329,000 and interest transfers to debt service funds by $634,000 to
provide funding for debt service on the 2002 revenue bonds when issued for a total
operating budget expenditure increase of $1,113,150 and a total net budget revenue
increase of $252,960.
PLD PLANNING
1. Public Hearing & First Reading Ord #6928-02 approve text amendments to the
Community Development Code.
2. Public Hearing & First Reading Ord # 6924-02, 6925-02 - Land Use Plan Amendment
and Rezoning for property at 19034 US 19 North from Commercial General to
Residential Medium (Lot 1, Bradford Court Subdivision in Section 19-29S-16E)
(Bradford Scott Corporation) LUZ 01-09-08
CLK CITY CLERK
1. Appoint Commission member to represent the Commission as the Canvassing Board for
the March 12, 2002 General Election. Consent
02-19-02 Worksession Agenda.doc
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CA LEGAL DEPARTMENT
Resolutions
1. Res #02-14 Assessing a lien against 1130 Engman Street in the amount of
$4,771.24 for demolition costs without consent of owner.
Agreements, Deeds and Easements
1. Special Warranty Deed - Greenwood Apartments
2. Sidewalk Easement - Kurdi Inc.
Other City Attorney Items
1. Authorize the City Attorney to hire Thompson, Sizemore, and Gonzales to represent the
City and James Wood and to obtain additional outside counsel to represent Donald
Brown in the matter of Katherine Palisano v. City of Clearwater, et al. in the total
estimated amount of $60,000.
2. Establish compensation of Assistant City Attorney II's in SAMP 6 band and Assistant
City Attorney l's in the SAMP 5 band. Authorize a one-time special equity increase in
the salaries of Paul Richard Hull and Leslie Dougall-Sides, Assistant City Attorney II's at
an estimated amount of $12,993.
City Manager Verbal Reports
Commission Discussion Items
1. Amendment to the Interlocal Agreement Creating a Tampa Bay Regional Planning
Council - Jonson
Presentation for Thursday Night
1. Clearwater Community Sailing Center Sailability 501 (c) 3 Program was awarded
"Outstanding New Program" for the year by the Community Sailing Counsel of US
Sailing.
2. Dan & Nadine Carlisle will present a $10,000 check for the Clearwater Community
Sailing Association.
3. Florida Huddle Update - Mike Meidel
Other Commission Action
Adjourn
02-19-02 Worksession Agenda.doc
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Codes from Page 1
Attorney Tim Johnson, repre-
senting both developers, thanked
city staff for the code changes and
for the "patience and persistence
with which you worked with us."
Commissioner Bill Jonson tried
in vain Thursday to convince his
fellow commissioners that they
needed to re-establish a numerical
cap of some kind on signs in the
city - up to 337 square feet for
attached signs and up to 150
square feet for freestanding signs.
He pointed out that Pinellas Coun-
ty has such a cap.
His colleagues voted that sug-
gestion down, for differing rea-
sons.
Commissioner Hoyt Hamilton
said that he had no problem with
signs as large as a 625 square feet,
a size shown in a city document.
But Commissioner Whitney
Gray countered that she thought
the sign that Hamilton liked was
unacceptable.
. Gray argued the code ive .
planners lscre on 0 ecide 'ust
Sl n u " "
e maximum that busin~ss~ :Ire.
aDowpiI. ~no strict cap was really
n~ded.
~ --
'We have actual eo Ie that
100 at t ese app lcations an ave
'the character 01 uur communi in
mm an wou never e
Sl n 1 e a
some discretion here."
-J on son next proposed having
the city's Community Develop-
ment Board - and not just city
planners - review proposals for
very large signs. Noone seconded
his motion, so it, too, went no-
where.
In other changes to the sign
rules, commissioners decided to
give businesses the right to 20
square feet of signage without go-
i~g through any lengthy city re-
View. The previous minimum
amount was 10 square feet.
Commissioners decided to
maintain a height cap of 14 feet for
signs, although properties next to
overpasses will be allowed to have
their signs rise 14 feet above the
highest point of an adjacent road-
way.
On another front, changes to
the tree ordinance would reduce
the burden on property owners
who must now replace trees they
want to cut down or pay a fee of $48
per inch of tree that they remove.
In the future, the city's plan-
ning director will be able to waive
Expert Cllstom f'iclllre Framin
256t Countryside Blv~. *"
In }91~878t~n~~-:;~~8.Tl ~axx)
Friday, April I ~ th - Sunday, April 11 st
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-
CommiSlion to allo\tt larger signs.
. Developers are pleased with the
revisions to the city's development
code, which go into effect after a
second vote in two weeks.
By CHRISTINA HEADRICK
Times Staff Writer
INSIDE: Commissioners approve the demolition
of the old main library to make way for a new
one. The commission also relinquishes the city's
legal interests in the Oak Cove and Oak Bluff
buildings downtown. PAGE 3
lookers, of about 120 revisions to the city's
development code that Clearwater commis-
sioners approved Thursday night
Commissioners spentthe most time Thurs-
day discussing the sign issues.
Under the changes, signs attached to build-
ings will be able to cover up to 6 percent of a
building's facade, pending a special sign re-
CLEARWATER - Businesses will soon
have signs that are several times larger, and
trees in poor health will be cut down without
any replacement requirement.
These changes were the most desired by
developers, and the most contested by on-
Codes from Page 1
Attorney Tun Johnson repre-
s~nting both developers, thanked
City staf~}or .the code changes and
for the . patience and persistence
WIth which you worked with us."
. C?mmissioner Bill Jonson tried
m vam Thursday to convince his
fellow commissioners that they
needed to re-establish a numerical
. ~p of some kind on signs in the
City - up to 337 square feet for
attached. signs and up to 150
squar~ feet for freestanding signs.
. He pomted out that Pinellas Coun-
ty has such a cap.
~is colleagues voted that sug-
gestIOn down, for differing rea-
sons.
.. Commissioner Hoyt Hamilton
~id that he had no problem with
signs as large as a 625 square feet
a size shown in a city document '
But Commissioner Whitney
Gray. countered that she thought
the sign that Hamilton liked was
unacceptable.
. _ Gray argued the code !rives city
planners dlscretlOn to decide iust
~w bill signs should hp "'IP ta:'
e maximum that busin~!';!';p~ ~~
a1)owPrI...5Q no strict cap was reall
n~ded. _
view and approval by city planners. Now signs
may only cover up to 2 percent of a facade.
In addition, the city is removing a size cap
of 128 square feet for freestanding signs. In the
future, the maximum sizes of these signs will
be determined by formulas based how much
street frontage a property has or how large the
building facades are at a site. .
Both the Sembler Co., which is redevelop-
ing Clear)'Vater Mall, and Clearwater business-
man Lee Arnold, who IS redeveloping the Drew
19 shoppIpg center, lobbied the city to make
the changes and allow the larger signs at their
projects.'
Please see CODES Page 3
'We have actual 0 Ie that
100 at t ese app lcations an ave
1::he character 01 uur communi In
mm an wou never
Sl I e a s
some discretion here."
--Jonson next proposed ha~ng
the city's Community Develop-
ment Board - and not just city
planners - re~ew proposals for
v~ry large signs. No one seconded
hiS motion, so it, too, went. no-
where.
In. other changes to the sign
l1!les, cO!llmissioners decided to
g1Ve busmesses the right to 20
~quare feet of signage without go-
ll~g through any lengthy city re-
view. The previous minimum
amount was 10 square feet
Commissioners decided to
~aintain a height cap of 14 feet for
signs, although properties next to
overpasses will be allowed to have
t~eir signs. rise 14 feet above the
highest pomt of an adjacent road-
way.
On . another front, changes to
the tree ordinance would reduce
the burden on property owners
who must now replace. trees they
wan~ to cut down or pay a fee of $48
per mch of tree that they remove.
In the future, the city's plan-
ning director will be able to waive
F \ L'E.
.
, f' '. .
.
.
>-
LL
o
>-
u
To:
Bill Home, City Manager
Cyndi Tarapani, Director ofPlanningd1Y
From:
Date:
January 2, 2002
RE:
Code Amendments Update
The City Commission reviewed proposed amendments to the Community Development Code
(Ordinance No. 6928-02) on February 21,2002, and deferred action until additional information
could be provided on several proposed provisions in the ordinance. Specifically, the
Commission made recommendations on the following three issues:
. Portable storage units and length of time that they would be allowed to placed on property
during emergency repairs;
. Signs at elevated intersections; and,
. Vending machines.
Additionally, the Commission requested that the Planning Department provide the Commission
with a comparison of the 1992, 1999 and proposed sign regulations. The Commission also
requested graphics to illustrate proposed changes to the sign ordinance, as well as a listing of
comments received from citizens/board members during the public input process.
The Planning Department has prepared three revisions to proposed Ordinance No. 6928-02 to
address concerns raised by the City Commission.
1. Portable Storage Units
In order to prevent portable storage units from being placed on properties for significant
amounts of time during emergency situations, the Planning Department is proposing to limit
that time period to 15 days with the ability to get an additional IS-day extension if needed.
F\LE.
I · ,. ..
.
.
2. Signs at Elevated Intersections
The Planning Department is proposing to revise the provision regulating signs at elevated
intersections to clarify that properties located along elevated intersections will be 14 feet
above the highest point of the road regardless of where the business is located along the
elevated roadway. Specifically the provisions provides that signs will be permitted at 14 feet
above the highest point of the elevated road within the property lines that are perpendicular
and adjacent to the elevated roadway, excluding frontage and service roads.
3. Vending Machine Sign age
At the direction of the City Commission, the Planning Department is revising the ordinance
to limit the amount of signage allowed on the front of vending machines to 35% of the front
of the machine, including the selection buttons. The previously proposed amendment
excluded the selection buttons.
The Planning Department has developed a comparison chart of the 1992, 1999 and proposed sign
regulations and it is attached for your review. Also attached please find a list of comments
compiled from Board members, business representatives and citizens.
The Department has also been working with Public Communications and Graphics to develop
graphics to illustrate the proposed sign regulations. To date, photographs have been taken of
approximately 25 sites. Sample sites include Sam's Club, Countryside Mall, Barnes and Noble,
Bed, Bath and Beyond, Burlington Coat Factory, A + Karate on Drew Street, Dunkin Donuts and
Crispy Creme. The necessary data has been collected for each site e.g. site frontage, building
fa<;ade size, existing sign size, sign permit date, determination if variance was granted for sign or
comprehensive sign program was approved, permitted amount of signage under current code and
permitted amount of signage allowed under proposed code. For each site photographed, a series
of graphics is being developed to illustrate the existing sign, a graphic illustrating what the
existing sign might look like if it met the current comprehensive sign program requirements and
what that sign might look like if it complied with the proposed comprehensive sign program
requirements. The graphics associated with each site will be copied on an 11" x 17" paper and
provided to the Commission in a booklet format.
Due to the time it has taken to compile all the necessary information and actually manipulate the
photographs, only several examples will be complete by next week. At the March 19, 2002
Community Development Board meeting, the Planning Department will present approximately
five examples for the Board's review. The information distributed to the Board will also be
available for the City Commission on Tuesday. When all of the examples have been finalized,
the Planning Department will forward them to the City Commission.
If you need any additional information, please let me know.
cc; Gina L. Clayton, Long Range Planning Department
Richard Kephart, Senior Planner
2
.
.
Citizen / Board Comments
12/11101
Sign Meeting with Sembler Company and Colliers Arnold
Signage for Shopping Centers
. Sembler Company presented draft proposed sign amendment for shopping centers
within the City of Clearwater
01/07/2002 Coalition of Clearwater Homeowners
7:00 p.m., Long Center, 2nd Floor
. Coalition would review proposed ordinance and provide comments after review
01115/2002 Main Street Design Committee Meeting
Main Street Economic Development
Main Street Promotion Committee
8:00 a.m., Clearwater Chamber of Commerce
. Temporary signage is too small.
. Review copy of Ormond Beach design guidelines for signs
. Will chain link fencing be allowed on a temporary basis to protect vacant
property?
. Consider requiring property upgrade in proportion to improvements
01/16/2002 Environmental Advisory Board Meeting
4:00 p.m., Commission Chambers
. Look into requiring Brazilian peppers to be removed citywide.
. Removing Brazilian peppers would be very expensive and staff intensive.
. Maybe new development should be required to remove exotics.
01/24/2002 Pinellas Suncoast Association of Realtors
3:15 p.m., MSB
. Pleased with proposed ordinance.
. Additional information on smart growth issues presented by association.
1
.
.
02/0512002 Clearwater Beach Chamber
8:00 a.m., 423 Mandalay
.
How would city enforce upgrades to signage if the owner had completed
maintenance of signage?
Wanted to ensure that height of buildings would not be increased.
How would TDRs be allocated within the beach and how could those
development rights be transferred?
.
.
02/0612002 Clearwater Governmental Affairs Committee Meeting
8:00 a.m. Chamber Community Room
. Elevated intersection signs need to be clear in language that sign height is
measured at location of sign.
02/0612002 Downtown Development Board Meeting
5 :30 p.m., City Commission Chambers
. How would proposed roof overhang language effect downtown buildings?
. Why would city limit the use of chain link fences?
. Had downtown groups seen proposed ordinance?
02/1112002 Public Workshop
4:00 - 7:00 p.m., Harborview Center
. Parking on the grass should not be allowed on areas zoned for any use.
. Parking and loading, cleaning of vehicles should be limited to one time a month.
. Maintenance of seawalls: Concern that people will focus on aesthetics and not
structural soundness when considering if seawall is structurally sound.
. Property Maintenance Standards: Concern that this proposed ordinance prohibits
all bushes in right-of-way. Ex. On beach, lots ofr-o-w's with no sidewalks,
people have plantings there.
. Property Maintenance Standards: Concern about crack provision, need more
definition. Suggestion, "as determined by the Building Official" for seawall
maintenance.
. Signage questions: Proposed signage removed at city legal request.
. Signs at elevated intersections: Change to, "at the highest point of the road" when
measuring height of signage.
. Change, "freestanding signs - The maximum area permitted is up to two times the
total area of sign faces as calculated by the street frontage or building fayade.
2
.
.
. Include, "and CBD." Transfer of Development Rights may be used to: (1)
implement the goals and policies of approved Community Redevelopment and
CBD Plans; (2)..."
. Clarify when Transfer of Development Rights can be used.
. Abandoned signs, this is a good change.
. Sign design requirements, excellent.
. This code needs less "flexibility" and less subjective decisions by staff on what is
compatible with a neighborhood.
. Support for signs at elevated intersections and Comprehensive Sign Program to
allow up to 5% of building facade.
. Hope that city will accept this Code Amendments to help business, which you are
going to assist by Code changes.
. All staff at code department is very helpful.
2/11/2002
Harry Patel, General Manager
Ramada Inn, Countryside
. Letter that supported proposed sign changes.
02/1312002 David Little
Chairman, Governmental Affairs
Clearwater Beach Chamber of Commerce
. Letter to request Ordinance to allow sandwich boards, menu boards, and outdoor
displays in the tourist district.
02/13/2002 Marine Advisory Board
8:00 a.m., Clearwater Municipal Marina
. Concern that our City lacks knowledge re seawalls.
. Need to adopt County standards - their building department interpretation is
usually different than accepted practices.
. Concern about seawall maintenance provision in light of "County approved and
State approved engineering" - was not approved by the City.
02/25/2002 Dr. and Mrs. James A. Avery.
. Letter Re: Too many Adult Nightclubs in Clearwater.
03/0312002 J ames Ahearn
. Letter regarding tree removal at Clearwater Mall site.
3
.
.
03/05/2002 George Aldrich
Brenda Harris Nixon
. Received letter identify issues with proposed code
. Against: changing Code to allow developers to skip planting trees if
removed trees were diseased.
. Billboards: State of Vermont is allowed to keep all billboards out.
. Sign Code Changes: do not change for new development or anything else.
4
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~~rwater
o
Interoffice Correspondence Sheet
TO: Cyndi Tarapani, Director of Planning
FROM: Alan Mayberry, Urban Forestry Manager
COPIES: Ray Boler, Ass't. Dir., Public Services
SUBJECT: Tree ordiance revisions
DATE:
March 14,2002
Please consider the attached watering and establishment schedule for landscape trees for
inclusion in the revisions to the Community Development Code. This data reflects industry
standards and is published by the Florida Institute of Food and Agricultural Sciences (IF AS)
in conjunction with the University of Florida' s Cooperative Extension Program. I think this
information will be very helpful to people designing and installing new tree plantings and
will help ensure healthier landscape projects. Thanks for your consideration.
. ... ..
.
.
COMP ARISION OF THE ESTABLISHMENT PERIOD AND WATER
REQUIREMENTS FOR 2.5" AND 4" CALIPER NEWLY PLANTED TREES.
The following data is taken from Your Florida Landscape: a complete guide to planting
and maintenance, published by the University of Florida/Institute of Food and
Agricultural Sciences, Cooperative Extension Service.
*Establishment period means the minimum time required for a nursery grown tree to
established the root system required to survive on natural rainfall patterns. The data
reflects averages of several native tree species growing in the Central Florida region.
*Caliper = tree trunk diameter measured at 6" above grade.
Establishment period
2.5" caliper tree: (Caliper = tree trunk diameter at 6" above grade) 30 weeks
4.0" caliper tree: 52 weeks
Recommended Irrigation schedule, i.e., frequency of watering
2.5" caliper tree: daily for 8 weeks, 3 times a week for 16 weeks and then weekly until
established (6 additional weeks) Total watering events = 110
4.0" caliper tree: daily for 8 weeks, 3 times a week for 16 weeks and then weekly until
established (28 additional weeks) Total watering events = 132
Total quantity of water needed for establishment based on recommended 2 gallons
per diameter inch per application
2.5" caliper tree over establishment period: 110 x 5 = 550 gallons
4.0" caliper tree over establishment period: 132 x 8 = 1056 gallons
Savings per tree over establishment period = 506 gallons
Example: The Clearwater Mall site proposes 900 new trees. Overall savings in gallons of
water if2.5" caliper trees are planted = 900 X 506 or 455,400 gallons.
* Additional data relevant to comparisons of the subject trees: A cost comparison
obtained from a recognized quality tree grower in Florida, Cherry Lake Tree Farm, listed
a 2.5 inch Florida #1 grade live oak tree in a 45 gallon container for $190.00. A 4-inch
diameter live oak tree in a 100 gallon container lists for $430.00
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TO:
Bill Home, City Manager
FROM:
Cyndi Tarapani, Director of Planning
DATE:
April 11, 2002
RE:
Review of Commissioner Jonson's Clearwater Sign Size Worksheet
As part of the proposed code amendment process the Planning Department reviewed
Commissioner Jonson's Clearwater Sign Size Worksheet to further facilitate discussion
and make any necessary corrections or clarifications.
The Planning Department reviewed current sign regulations and the proposed sign
regulations. Some areas identified on the worksheet require further clarification for
correctness and/or completeness to compare current and proposed sign code information.
The 1985 code was not reviewed or used in this analysis. The 1992 sign code is generally
correct for the information provided. Below is a comprehensive review of the worksheet
and identification of those areas that require additional narrative.
Clearwater 1985 Sign Code:
Not evaluated.
Clearwater 1992 Sign Code:
Both the freestanding and attached signage regulations are correct on the sign worksheet.
Clearwater Current Sign Code:
Areas of inconsistency between current code implementation and sign worksheet. Overall
the Comprehensive Sign Program that is available to businesses for larger and/or more
signage is not included in the worksheet.
1
S:\Planning Department\2002 Code Amendments\WorksheetReviewMemo.doc
.
.
Freestanding Signage:
. Number of signs per lot. The worksheet states that only one sign is allowed per
lot. Two signs can be allowed if on a comer lot.
. Auxiliary signs. The worksheet states that auxiliary signs are not allowed.
Auxiliary signs are allowed under the Comprehensive Sign Program.
. Minimum Size. The worksheet states that there is no minimum size of sign.
Current code allows for a 10 square foot sign "as of right" if formulas permit less
than that.
. Monument signs. The worksheet omits monument signs entirely. A monument
sign is allowed to exceed the permitted freestanding sign area by 25%. This
provision allows businesses to have larger signage if a monument sign is used.
Attached Signage:
. Multiplier. The worksheet states that the multiplier is 1 % of the total fa<;ade in
square feet. The current code calculates signage using one square foot per 100
square feet of building fa<;ade facing the street; or Twenty-four square feet
whichever is less. Businesses can also utilize the Comprehensive Sign Program to
calculate signage as follows: signage cannot exceed two times the total area of
sign faces permitted under the minimum sign standards.
. Minimum area. The worksheet states that there is no minimum size of sign.
Current code allows for a 10 square foot sign as right for businesses if formulas
would permit less.
. Major and Minor tenants. The worksheet does not identify that the current sign
code does not make a distinction between major and minor tenants.
. Maximum number of signs. The worksheet identifies that only one sign is
allowed. Current sign code allows for staff discretion to allow more than one sign
through the Comprehensive Sign Program.
Proposed Clearwater Sign Code:
Areas of inconsistency between proposed code and Clearwater Sign Size Worksheet.
Overall the Comprehensive Sign Program that is available to businesses for larger and/or
more signage is not included in the worksheet.
Freestanding Signage:
. Number of signs per lot. No change is proposed, but the worksheet is incorrect
under current code column. Additional signage is allowed for comer lots.
. Auxiliary signs. No change is proposed, but the worksheet is incorrect under
current code column. Auxiliary signage is allowed under the Comprehensive
Sign Program.
. Minimum size. The proposed 20 square foot sign is "as of right" size that a
business is allowed if formulas permit less than that.
2
S:\Planning Department\2002 Code Amendments\WorksheetReviewMemo.doc
.
.
Height. The worksheet is incorrect, as it does not identify the proposed height
increase for signs at elevated intersections. Proposed code would allow signs
to be 14 feet above the highest point of an elevated roadway within property
lines.
Attached Signage:
. Maximum size allowed. The worksheet does not correctly identify the
maximum size allowed for signage. Under the proposed code amendments, a
business would be allowed to have a sign "up to 5%" of the total fayade. Five
percent of the fayade is the maximum possible size permitted.
. Minimum size. The worksheet states that there is not minimum size of sign.
The proposed code allows for a 20 square foot sign "as a right" if formulas
permit less than that.
. Maximum number of signs. No change is proposed, but the worksheet is
incorrect under current code column. Current sign code allows for the
potential of additional signage through Comprehensive Sign Program.
Pinellas County Sign Code:
The worksheet is correct as written for the C-2 and C-3 districts fronting on arterial
highways. It should be noted that the Pinellas County sign code also contains numerous
other regulations/exceptions.
Freestanding Signage:
. In the C-2 and C-3 Districts not fronting on arterial highways, freestanding
signage has a different maximum signage allowed (100 square feet).
Attached Signage:
.
The C-l district has a 100 square foot maximum for attached signage.
The worksheet does not identify how multiplier is calculated. Attached
signage is calculated on the linear footage of building.
.
Variance for Signage:
. The Pinellas County sign code allows for anyone to apply for a variance
for signage. This would make the worksheet an "as of right" signage,
comparison. Pinellas County can vary size and height of signs on a case-
by-case review for any request regarding signage. The proposed
Clearwater regulations impose a maximum square footage of signage
which equals up to 5% of building fayade for attached signage and up to
two times the total area of sign faces as calculated by street frontage or
building fayade, whichever is less. The Clearwater code provides for a
3
S:\Planning Department\2002 Code Amendments\WorksheetReviewMemo.doc
.
.
maximum size and height of signage that is not found in the Pinellas
County sign code, which is open ended through the variance process.
4
S:\Planning Department\2002 Code Amendments\WorksheetReviewMemo.doc
. t
Maior Commercial Zoning:
Free Standing Signage
Number per lot
Auxiliary signs
Max
Size
(each side)
.
Clearwater Sign Size Worksheet
CLW
1985
Highway
Commercial
and others
[shopping
centers]
CLW
1992
Highway
Commercial
CLW
Current
All Non-
Residential
1 1
Not allowed yes if 500' of Not allowed
frontage and
300' from
another
192 sq. ft.
Max size Condition if over 200K
of leaseable
sq. ft.
Min Size
Height
Attached Signage
Size based on
Multiplier
Minimum size allowed
Maximum size base
Basic business
Major tenants
Minor tenant
Max size w/Setback Bonus
100' to 200'
200' to 300'
> 300'
Max Number (split sq. ft.)
Sign size matrix 020331
none
24'
Business
building
frontage
(width)
1.5 sq. ft. for
each 1 lineal
ft.
No min.
(see below)
128 sq. ft.
48 sq. ft.
No
112 sq. ft.
main & 56
sq.ft. aux.
none
.
CLW
Proposed
All Non-
Residential
1 no change
no change
64 sq. ft. (128 sq. no change
ft. w/Comp)
1 sq. ft. per 2 ft. no change
of street footage
or 1 sq. ft. per
100 sq. ft. of
building fayade
none
20 sq ft.
20' main 12' 14' (height can't no change
aux. be more than 1.5
x the width)
Business
building
frontage
(width)
Business fayade no change
square footage
1.5 sq. ft. for 1 % of the total
each 1 lineal fayade in sq. ft.
ft.
No min. 10 sq. ft.
150 sq. ft. 24 sq. ft. (48 sq.
ft. w/Comp)
Yes
x .25 (187)
x .75 (262)
x 1.25 (337)
No
5
5% of the total
fayade in sq. ft.
20 sq. ft
?????????????
no change
1 no change
mr~fr P/(/Vl'l7Ou
117.02 ee 1rl~
Pinellas
Co. Current
C-2 and C-3
fronting on
arterial
highways
1
yes if 500' of
frontage and
300' from
another
150 sq. ft. (+
8 sq. ft. if
used for
address)
1 sq. ft. for
each 1 ft. of
linear lot
frontage
none
25'
Business
building
frontage
(width)
1.75 sq. ft.
for each 1
lineal ft.
No min.
150 sq. ft.
No
Any
Printed 3/31/2002 9:01 PM
. .
GULF TO BAY BLVD.
SEPT. 1988
(sEPT 1994
"""*'''''4....."'~....
. .
GULF TO BAY BLVD.
.,
SEPT. 1994
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-(;
ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
COMPREHENSIVE AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL
PROVISIONS BY ADDING A PROVISION REGARDING ZONING
DISTRICT BOUNDARIES; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY REVISING THE MINIMUM STANDARD
DEVELOPMENT DIAGRAMS IN ALL RESIDENTIAL ZONING
DISTRICTS; AMENDING ARTICLE 2 ZONING DISTRICTS, BY ADDING,
DELETING, AND/OR REVISING USES, DIMENSIONAL, AND/OR
FLEXIBILITY CRITERIA IN THE LOW MEDIUM DENSITY
RESIDENTIAL DISTRICT, COMMERCIAL DISTRICT, TOURIST
DISTRICT, OFFICE DISTRICT, INSTITUTIONAL DISTRICT,
INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICT. AND THE
COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY
MAKING REVISIONS TO THE DEVELOPMENT STANDARDS WITH
REGARD TO ACCESSORY USE/STRUCTURES, DOCKlMARINAS,
EROSION AND SILTATION CONTROL, FENCES AND WALLS,
GENERAL APPLICABILITY STANDARDS, LANDSCAPING/ TREE
PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING,
PROPERTY MAINTENANCE STANDARDS, SIGNS, AND TEMPORARY
USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO PROCESS APPLICATIONS
FOR DEVELOPMENT APPROVAL, APPEALS, SUBDIVlSTONSIPLA TS,
TREE REMOVAL PERMIT, LAND CLEARING AND GRUBBING, AND
TRANSFER OF DEVELOPMENT RIGHTS; AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN THE
NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE
7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY MAKING
CHANGES IN THE MUNICIPAL CODE ENFORCEMENT
BOARD/SPECIAL MASTER HEARING PROCEDURES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY
ADDING AND REVISING DEFINITIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21,
1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all zoning districts in all parts of the City and
which utilize Minimum Standard, Flexible Standard, and Flexible levels of review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standards, procedures, and zoning districts which need
amendment to more fully implement the redevelopment intent of the Code; and
Ordinance No. 6928-02
.
.
WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local
Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public
testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive
Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the Community
Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. Article 1. General Provisions. Section 1-109. Zoning Atlas is hereby amended by
adding subsection 1-109. Zoning Atlas as follows:
Section 1-109. Zonimz atlas.
A. The Zoning Atlas of the City of Clearwater consists of a map of the city.
published in the form of an atlas or book containing a title and summary
page and additional separate sheets. each coverimz a portion of the city.
depicting all real property within the city and designating the various
zoning districts and the boundaries thereof. The zoning atlas shall be in
sufficient detail so that property owners may locate their properties with
respect to the zoning district boundary lines. The zonimz atlas shall be
available for inspection and examination by members of the public at all
reasonable times as any other public record. The zoning atlas is not
included herein. but such atlas is on file and available for inspection in
the Planning Deparbnent.
B. Interpretation of district boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the zoning atlas. the
following rules shall apply:
1. Delineation of boundaries. Zoning district boundaries are shown
as heavy lines upon the zoning atlas and are superimposed upon
lighter lines designating section lines. fractional section lines,
platted lot lines. streets. city limits and other physically
identifiable ground features or extensions of same. unless other
specific distances in feet or other angles. bearings. radii and
other references to a boundary location are specified.
2. Boundaries in streets. Zoning district boundary lines when
located in streets or other public right-or-ways shall b~
interpreted as located on the centerline of such rights-of-ways.
3. Interruption of boundary lines. Boundary lines which are
interrupted to show street names or other identification numbers
or letters upon the official zoning atlas shall be interpreted as
extending through such identifications unless otherwise
specified.
2
Ordinance No. 6928-02
.
.
4.
Shore, seawall or bulkhead lines. Zoning district boundary lines
shall be construed to follow such shore, seawall or bulkhead
lines, and in the event of change in the shore, seawall or
bulkhead lines, shall be construed as following the changed
shore, seawall or bulkhead line; boundaries indicated as
approximately following the center lines of streams, rivers,
canals, lakes or other bodies of water shall be construed to
follow such center lines.
~
Boundary line unclear. When the exact location of a zoning
district boundary line is not clear, its location shall be
determined by the Community Development Coordinator using
the following criteria in order of importance: the appropriate
ordinance as passed by the City Commission; the Future Land
Use Plan (FLUP) boundary line; and historical development
patterns.
C. ZoninJ! of annexed properties. Property annexed to the City shall be
rezoned through the city ordinances, the zoning classification which
most closely relates to the Pine lias County zoning classification, as
determined by the Community Development Coordinator, in effect at the
time of such annexation and the City zoning atlas referred to in Section
1-I09.A shall be amended or posted accordingly.
Section 2. Article 2. Zoning Districts, Section 2, District Use Chart is hereby amended as
follows:
Chart 2-100 Permitted Uses
Use Categories LDR LMDR MDR MHDR HDR MHP C T D 0 I mT OSR P ICRNC(
Residential .....' :,', .. 'm" .;'.. .:.:.<....: ...... ,. . .. ......
...
Detached dwellings X X X X X X X
Attached dwellings X X X X X X
Accessory dwellings X X X X X X
Community residential X X X X X X X
-
homes
Mobile home X
Mobile home park X
Residential infill project X X X X X
Nonresidential . .. .... ...... ... , .-:cc ....., I;'....:.. . ". ..
. . .
Adult uses X X
Airport X
Alcoholic beverage sales X X X
~imal grooming and X X X
~oarding
Assisted living facilities X X X X
Auto service stations X X
3
Ordinance No. 6928-02
.
.
Cemeteries X
Comprehensive infill X X X X X X X
edevelopment project
CIRP)
Congregate care X X X X
Convention center X
Educational facilities X X X X
Ciovernrnentaluses X X X X X
Halfway houses X
lHospitals X
~ndoor X X X
ecreationJentertainment
LJight assembly X
lJimited vehicle sales/display X X
t...imitedvehicle service X
Manufacturing X
Marinas X X X X X
Marinas facilities X X X X X
Medical clinic X X X X
Mixed use X X
Nightclubs, taverns and bars X X X X
Non-residential parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor X X X X X X
ecreationJentertainment
Outdoor retail sales, display X X
and/or storage
Overnight accommodations X X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation X X X X X X X X X X X X
f'acilities
Places of worship X X X X
Problematic use X
Public facility X X
tpublic transportation X X X X X X X X
!facilities
Research and technology use X
Residential shelters X X X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yard X
Schools X X X X X X X
4
Ordinance No. 6928-02
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.
Self-storage warehouse X X
Sidewalk vendors X X
Social and community X X X X
centers .
SociaVpublic service X X X X X X
agencies
lI'elecommunications towers X X X X X
rrv /radio studios X X
Utility/infrastructure X X X X X X X X X X X X X X
acilities
Vehicle sales/displays X X
Vehicle sales/displays, majOl X
Vehicle service X
Vehicle service, major X
Veterinary offices X X X
Wholesale/distribution/ware X
house facility
Section 3. Article 2. Section 2-102 Low Density Residential District ("LDR") Minimum standard
development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the
diagram and revising "accessory uses" to "accessory structures" and deleting reference to "Det
swimming pool" and replacing it with "accessory structures."
Section 4. Article 2. General Provisions, Table 2-202 "LMDR" District Minimum Standard
Development, is hereby amended as follows:
Table 2-202. "LMDR" District Minimum Standard Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft.) (ft.) Parking
(ft.)
Front Side Rear (1 )
AlillillilEEery .w
peels aRd
SGFe8R
8Rlill9&ur8s
Community 5,000 50 25 5 15 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 15 30 2/unit
Dwellings
5
Ordinance No. 6928-02
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.
Section 5. Article 2. Section 2-202 Low Medium Density Residential District ("LMDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 6. Article 2. Section 2-302 Medium Density Residential District ("MDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 7. Article 2. Section 2-402 Medium High Density Residential District ("MHDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 8. Article 2. Section 2-502 High Density Residential District ("HDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 9. Article 2. Section 2-602 Mobile Home Park ("MHP") Minimum standard development
diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the diagram and
revising "accessory uses" to "accessory structures" and deleting reference to "swimming pool" and
replacing it with "accessory structures."
Section 10. Article 2. Division 7. Commercial District, Section 2-702, Table 2-702 "c" District
Minimum Development Standards, is hereby amended as follows:
Table 2-702. "C" District Minimum Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.) (ft.) (ft.) Parking Spaces
(sq. ft.) (ft.)
Governmental Uses 10,000 100 25 25 10 20 411,000 SF GF A
(1)
Indoor Recreation! 10,000 100 25 25 10 20 5/1 000 SF
Entertainment GF A or
SIlane, 2/court
or I/machine
6
Ordinance No. 6928-02
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Mariaas ~ ~ ~ ~ -l-O 20 1 space per 2
~
Offices 10.000 100 25 25 10 20 4/1.000 SF GFA
Overnight 40.000 200 25 25 10 20 lIunit
Accommodations
Parks and nla nla 25 25 10 20 1 per 20,000 SF
recreational land area or as
facilities determined by
the Community
Development
Coordinator
based on lTE
Manual
standards
Places of Worship 40.000 200 25 25 10 20 1 per 2 seats
Restaurants 10.000 100 25 25 10 20 15/1.000 SF
GFA
Retail Sales and 10.000 100 25 25 10 -l2O 5/1,000 SF GFA
Services 20
Social and 10,000 100 25 25 10 20 5/1,000 SF GF A
Community Centers
Vehicle 40.000 200 25 25 10 20 2.5/1,000 SF
Sales/Display LOT SALES
AREA
Section 11. Article 2. Division 7. Commercial District, Section 2-703. Table 2-703 "C" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-703. "C" District Flexible Standard Development Standardl'
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.)'" (ft.) (ft.) Parking
(sq. ft.) (ft.)
Accessory 07a nla nla nla nla n/a 1 space per
Dwellings unit
Adult Uses 5.000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic 10.000 100 25 25 10 20 5 per 1,000
Beverage Sales GFA
7
Ordinance No. 6928-02
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Automobile 10,000 100 25 l25 10 20 f)11 ,000 SF
Service Stations PFA
!Educational 40,000 200 25 125 10 20 1 per 2
I
~acilities ~tudents
lGovernmental 10,000 100 l25--50 25 10 20 f4 spaces per
loses (1) 1,000 GFA
~ndoor Recreation! 10,000 100 tl5 25 10 l20 3-5/1000 SF
Entertainment GFA
or 3- SIlane,
1-2/court or
l/machine
. . . nnn ..,n nnn ~ ~ ~ ~ W .__ ___ '1
,-- , ~r
Medical clinics 10,000 100 25 l25 10 20 2-3/,1000
IGFA
lNightclubs 10,000 100 l25 "5 10 l20 10 per 1,000
IGFA
IOffices 10,000 100 125--50 25 0--10 10--20 13--4 spaces
lPer 1,000 GF A
IOff Street Parking 10,000 100 lriTa 25 10 120 n/a
Outdoor Retail l20,000 100 l25 "5 10 l20 10 per 1,000
Sales, Display of land area
and/or Storage
Overnight 120,000-40,000 150- 25--50 l2S ~--10 10.;-20 1 per unit
Accommodations 1200
Places of Worship 20,000-40,000 100- "5--50 l2S 10 20 .5-1 per 2
2) 100 ~eats
Public ,va nJa 10 lnJa nJa iJa nJa
[ransportation
~acilities (3)
lRestaurants ~,OOO--I 0,000 50- -100 25--35 25 0-- 1 0 10--20 7 -- 15 spaces
[per 1,000 GFA
Retail Sales and ~,500--1 0,000 35-100 l25-35 "5 0--10 10--20 14-- 5 spaces
Services !Per 1,000 GF A
Social and 13.500--10 000 135-100 125-35 ~ i(l-- 1 0 10--20 14--5 soaces
Community Centel ~
Ioer 1 000 GF A
8
Ordinance No. 6928-02
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.
tility a 5 10
nfrastructure
acilities (4)
ehicle 0,000--40,000 5 10 .5 spaces per
ales/Displays 1,000 of lot
ales area
eterinary Offices 10,000 5 10 spaces per
r Animal 1,000 GFA
rooming and
oarding
Section 12. Article 2. Division 7. Commercial District. Section 2-703 is hereby amended by
deleting flexible criteria for Marina Facilities re-Iettering the subsequent subsections as appropriate:
. . . .
H. Akwi19BjaGilities.
1. The par-Gel pr-eposeEi fer developmeRt is Ret lesatBEi in areas identified iR
the CempreheRsi'/e Plan as areas ef eR'/ireRmental significance
iRGluEiing:
a. The nertH enEi ef Clearwater 8eaGh;
b. Clearwater Harber grass beds;
G. Ceaper's PBint;
d. Cleanvater Harber spoil islands;
e. Sang Key Park;
f. THe soyth@rA edge sf AlligatBr Lake.
2. No GommB~ial a"tivities ollier tHaR tHe mooring of boats on a rental
basis SHall be permitted on any parGel of land 'NRisH is Gontiguoys to a
parGel ef land WHiGh is designated as residential in tHe Zoning Atlas,
unless tHe marina faGili~ is totally sGreened from view from the
GontiguBus laRd whiGh is desigaateEi as r-esidential and the HOyrS of
operation of tHe GommBr"ial aGtivities are limited to the time period
Between sunrise and SYRset.
J. LfJt iilFea: THe pa~el prafl9seEi fer development was an existing lot of
less than 20,000 square feet aRd '.'las not in Gommen oWRership with any
Gonliguoys flrofle~ 9n May 1, 199K or tH8 reduGtion in let widtH will not
9
Ordinance No. 6928-02
.
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result in a faGility whiGh is Gut ef sGale '.vith existing euilamgs in the
immeaiate visiRity efthe parsel prepesea fer ae'/elepm8Rt.
....
Section 13. Article 2. Division 7. Commercial District ("Cn). Section 2-703. is hereby amended
by adding Social and Community Center and renumbering the subsequent subsections as appropriate:
Q. Social and Community Centers.
1. The parcel proposed for development does not abut any property .
designated as residential in the Zoning Atlas.
2. Front Setback: The reduction in front setback results in an improved site
plan or improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is
necessary to preserve protected trees and/or results in an improved site
plan or more efficient design and appearance and results in landscaping
in excess ofthe minimum reQuired.
4. Lot size and width: The parcel proposed for development was an existing
lot of less than 10,000 sQuare feet and was not in common ownership
with any contiguous property on May I, 1998.
5. Height:
a. The increased height results in an improved site plan.
landscaping areas in excess of the minimum reQuired or
improved design and appearance;
b. The increased height will not reduce the vertical component of
the view from any contiguous residential property.
6. Off-street parking: The physical characteristics are such that the likely
uses of the property will reQuire fewer parking spaces per floor area than
otherwise reQuired or that the use of significant portions of the building
will be used for storage or other non-parking demand-generated
purposes.
Section 14. Article 2. Division 7. Commercial District, Section 2-703.S.Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsections as appropriate:
1. Ne aeeve greuRa struGtures are leGated adjaceRt to a street right of 'Nay:
10
Ordinance No. 6928-02
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.
. . . .
Section 15. Article 2. Division 7. Commercial District. Section 2-704, Table 2-704 "C" District
Flexible Development Standards is hereby amended as follows:
Table 2-704. "C" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Front Side Rear Off-Street
(sq. ft.) Width Height (ft.) (ft.) (ft.) Parking
(ft.) (ft.)
Alcoholic beverage 5,000--10,00 50--100 25 15- - 25 0-10 10 --20 5 per 1,000 GFA
sales 0
Comprehensive nla nla nla N/a nla nla Detennined by the
Infill Community
Redevelopment Development
Project (1) Coordinator based
on the specific use
and/or ITE
Manual standards
Light assembly 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Limited vehicle 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
service 10,000 1,000 GFA
Marina Facilities 5,000--20,00 50 25 25 J.Q 20 1 space per 2 slips
0
Mixed use 5,000- 50--100 25- 50 15- -25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Nightclubs 5,000--10,00 50--100 25 15--25 0-10 10- -20 10 per 1,000 GFA
0
Offices 5,000--10,00 50--100 25--50 15 - -25 0-10 10--20 3--4 spaces per
0 1,000 GFA
11
Ordinance No. 6928-02
.
.
Off-street parking 10,000 100 nla 15-- 0-10 10-20 nla
25
Outdoor 20,000 100 25 15 - -25 10 10--20 1--10 per 1,000
Recreationl SQ FT of land
Entertainment area or as
determined by the
Community
Development
Coordinator based
on lTE Manual
standards
Overnight 20,000- 100--20 25--50 15 --25 0-10 10--20 1 per unit
Accommodations 40,000 0
Problematic Uses 5,000 50 25 15 --25 10 10--20 5 spaces per 1,000
SF GFA
Restaurants 3500- 35--100 25--50 IS --25 0-10 10--20 7 -- IS spaces per
10,000 1,000 GFA
Retail sales and 5,000- 50--100 25--50 15 --25 0-10 10--20 4--5 spaces per
services 10,000 1,000 GFA
RV Parks 40,000 200 25 15 - -25 20 10--20 1 space per R V
space
Self Storage 20,000 100 25 15 - -25 10 10--- 1--10 per 1,000
20 SQFT
of land area
Social/public 5,000- 50--100 25 -- 15- -25 0-10 10--20 3-4 spaces per
service agencies(2) 10,000 50 1,000 GFA
Telecommunicatio 10,000 100 Refer 25 10 20 nla
n Towers to
Sectio
n 3-
2001
Vehicle 10,000- 100-200 25 15 --25 10 10--20 2.5 spaces per
sales/displays 40,000 1,000 SQ FT
of lot area
Veterinary offices 5,000--10,00 50--100 25 IS --25 0-10 10--20 4 spaces per 1,000
or grooming and 0 GFA
boarding
12
Ordinance No. 6928-02
.
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Section 16. Article 2.Division 7. Commercial District. Section 2-704. Flexibility criteria is
hereby amended as follows and re-Iettering the subsequent .subsections as appropriate:
B. Marina facilities.
1. The parcel propOsed for development is not located in areas identified in the
Comprehensive Plan as areas of environmental siJmificance includinJ:t:
a. The north end of Clearwater Beach;
b. Clearwater Harbor J:trass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edJ:te of Alligator Lake.
2. No commercial activities other than the moorinJ;!; of boats on a rental basis shall
be permitted on any parcel of land which is contiJ;tUous to a parcel of land which is
desiJ;!;nated as residential in the ZoninJ;!; Atlas. unless the marina facility is totally screened
from view from the contiszuous land which is desisznated as residential and the hours of
operation of the commercial activities are limited to the time period betweensunrise and
sunset.
3. Lot area: The parcel proposed for development was an existinJ;!; lot of less than
20.000 square feet and was not in common ownership with any contiJ:tuous property on
May 1. 1998 or the reduction in lot width will not result in a facility which is out of scale
with existinsz buildinJ:ts in the immediate vicinity of the parcel proposed for development.
4. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
13
Ordinance No. 6928-02
.
.
......... ...
Section 17. Article 2. Division 8. Tourist District, Section 2-802, Table 2-802 "T" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-802, "T" District Flexible Standard Development Standards
Use Min. Min. Max. Min. Density Min.
Lot Lot Height Setbacks Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side Rear
Accessory Dwellings nla nla nla nla nla nla 30 lIunit
units!
acre
Alcoholic Beverage 5,000 50 35 10--15 10 20 nla 5 per 1,000
Sales GFA
Attached Dwellings 10,000 100 35-50 10--15 10 10- 30 1.5 per unit
20 units!
acre
Governmental 10,000 100 35-50 I 0--15 0-- I 0 10- nla 3--4/1,000
Uses (1) 20 GFA
Indoor Recreationl 5,000 50 35- 0-15 0--10 20 nla 10 per 1,000
Entertainment 100 GFA
Mariaas s,ooo ~ ~ -l-,S. .w 20 Ml 1 spaGe per :2
&lips
Medical Clinic 10,000 100 30-50 10- -15 10 20 20 2--3/1,000
GFA
Nightclubs 5,000 50 35 15 10 20 nla 10 per 1,000
GFA
Non-Residential Off- nla nla nla 25 5 10 nla nla
Street Parking
Offices 10,000 100 35-50 1 0--15 0--10 10- nla 3--4 spaces
20 per 1,000
GFA
14
Ordinance No. 6928-02
.
.
Outdoor Recreation 5,000 50 35 10-15 10 20 n/a 2.5 spaces per
!Entertainment 1,000 sq. ft. of
lot area or as
determined by
the
Community
Development
Director
based on ITE
manual
standards
Overnight 20,000 100--150 35-50 10-15 0--10 10- 40 1 per unit
Accommodations 20 roomsl
acre
Parking Garages and 20,000 100 50 15-25 10 10- nla n/a
Lots 20
Parks and Recreation n/a n/a 50 25 10 20 nla 1 per 20,000
facilities SF land area
or as
determined by
the
Community
Development
Coordinator
based on lIE
Manual
standards
Public Transportation n/a nla 10 nla n/a n/a n/a n/a
Facilities (2)
Sidewalk Vendors n/a nla nla n/a n/a nla n/a n/a
Restaurants 5,000-- 50--100 25--35 10--15 0--10 10--20 n/a 7-15 spaces
10,000 per 1,000
GFA
Retail Sales and 5,000-- 50--100 35--50 10--15 0--1 0 10--20 nla 4-5 spaces
Services 10,000 per 1,000
GFA
Social and 5,000-- 50--100 35--50 1 0-- ] 5 0-- ] 0 ] 0--20 n/~ 1.-:-5 spaces
Community Center 10,000 per I ,000
GFA
Utility/Infrastrocture n/a n/a nla 25 10 10 nla n/a
Facilities (3)
15
Ordinance No. 6928-02
.
.
Section 18. Article 2. Division 8. Tourist District. Section 2-802. E. Marinas is hereby amended
as follows and re-Iettering the subsequent subsections as appropriate.
Ii. A{Qrill98.
I. The parGel proposed fer development is Rat 10Qated iR areas ideRtifiea in
the COmpFeAliIRsi..'e Plan as ar-eas of eR\'iroRmeRtal sigRifiGaRce
iRslysiRg:
a. The north end of Clearwater Beach;
b. Clearwater Harbor gFaSS beds;
G. Cooper's PoiRt;
d. Clearwater Harbor spoil islaads;
e. Sand Key Park;
f. The soy them edge Elf AlligatElr Lake.
2. No commercial activities other thaR the mooriRg of boats on a reRtal
basis shall be pellRitted OR aRY par-eel of laad WAiGh is GORtigYo\ls to a
parcel of land 'Nhich is designated as resideRtial in the Zoning Atlas.
unless the Alarina facility is totally screened frOAl view ffClm the
G9Rtiguous laRd which is designated as residential and the hauFs of
operation of the Q9mAleFGial activities are limited to the time peried
bet\veen ':00 a.m. 9:gg p.m.;
:3. The design of all. buildings 69Alplies witH tHe TOI:uist District desigFl
guidelines in Diyisien ) ef Article 3.
Section 19. Article 2. Division 8. Tourist District, Section 2-802.R.I. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
PeS. Utility / infrastructure facilities.
I, Na abo...e gr-ound strYctures are located adjaceRt te a street right af w~.;
....
Section 20. Article 2, Division 8. Tourist District. Section 2-802.R. Social and Community
Centers is hereby amended by adding the following subsection and re-Iettering the subsequent
subsections as appropriate:
16
Ordinance No. 6928~02
.
.
. . . .
R. Social and Community Center.
.1 The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient desi~
and appearance and results in landscaping in excess of the minimum required.
....
Section 21. Article 2. Division 8. Tourist District. Section 2-803.E. Marina facilities is hereby
amended by adding subsection 2-803.E.5. as follows:
. ... . .
5. All Marina facilities shall comply with the commercial dock requirements set forth in
Section 3-601.C,3 and the Marina and Marina facilities requirements set forth section
3-603.
* * * *
Section 22. Article 2. Division 9. Downtown District, Section 2-902, Table 2-902 "0" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-902. "0" Flexible Standard Development Standards
Use Max. Min.
Height Off-Street
(ft.) Parking
Accessory Dwellings nla nla
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GF A
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor RecreationlEntertainment 30 - SO 3 - 5 per 1,000 GFA
Facility
Nightclubs 30-50 3--10 per 1,000 GFA
17
Ordinance No. 6928-02
.
.
Offices 30-50 1--3 per 1,000 GFA
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 nla
Parks and recreation facilities 50 1 per 20,000 SF land area or as
determined by the Community
Development Coordinator based
on ITE Manual standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 nla
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GFA
Social and Community Centers 30-50 2--4 per 1.000 GFA
Sidewalk Vendors n/a n/a
Utility/Infrastructure Facilities nla nla
Section 23. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard development is
hereby amended by adding the following subsection and re-Iettering the subsequent subsections as
appropriate:
E. Indoor Recreation/Entertainment Facility.
1:. The parcel proposed for development does not abut anypropel1Y desi2nated as
residential in the Zonin2 Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved desi2n and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient desi2n
and appearance and results in landscapin2 in excess of the minimum reauired.
Section 24. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard
development is hereby amended by adding the following subsection and re-Iettering the subsequent
subsections as appropriate:
P. Social and Community Centers.
18
Ordinance No. 6928-02
.
.
.L The parcel proposed for development does not abut any property desi2nated as
residential in the Zoniml: Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved desi2n and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscapinJ!; in excess of the minimum required.
Section 25. Article 2. Division 9. Downtown District, Section 2-902.0. Utility/infrastructure
facilities is hereby amended by deleting section in its entirety and re-Iettering the subsequent subsections
as appropriate:
-h Na a99'l8 gr9YRa strY~tYres ar8 lal.lated adjal.l8Rt t9 a street right of way;
Section 26. Article 2. Division 9. Downtown District. Section 2-903.H. Marina and marina
facilities is hereby amended as follows:
4. All Marina facilities shall comply with the commercial dock
requirements set forth in Section 3-60 1.C.3 and the Marina and Marina
facilities requirements set forth section 3-603.
Section 27. Article 2. Division 10. Office District, Section 2-1003.M. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
-h }ole ab9v8 gr9YRd struGtyres afe IGsatea adjal.l8Rt te a street right of way;
Section 28. Article 2. Division 12. Institutional District. Section 2-1202, Table 2-1202. "I"
District Minimum Development Standards is hereby amended as follows:
Table 2-1202. "I" District Minimum Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Off-Street
Area Width (ft.) Heigh Parking
(sq. ft.) (ft.) t
(ft.)
Front Side Rear
Assisted 20,000 100 25 10 20 50 1 per 1000, SF
Living GFA
Facilities
Cemeteries 20,000 100 25 10 20 50 n/a
19
Ordinance No. 6928-02
.
.
Congregate 20,000 100 25 10 20 50 1 per 1000, SF
Care GFA
Educational 40,000 200 25 10 20 50 1 per 2
Facilities students
Governmental 20,000 100 25 10 20 50 4 per 1,000 SF
Uses GFA
Hospitals 5 acres 250 2S 25 25 50 2lbed
MariRas ~ W ~ ~ ;W ;W 1 spaGe per 2
sl-ip&
Nursing 20,000 100 25 10 20 50 I per 1000, SF
Homes GFA
Places of 20,000 100 25 10 20 50 1 per 2 seats
Worship
Parks and nia nia 25 10 20 50 1 per 20,000
Recreation SF land area or
Facilities as determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Schools 40,000 200 25 10 20 50 1 per 3
students
Section 29. Article 2. Division 12. Institutional District. Section 2-1203, Table 2-1203. "I"
District Flexible Standard Development Standards is hereby amended as follows:
Table 2-1203. "I" District Flexible Standard Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Heig Off-Street
Area Width (ft.) ht Parking
(sq. ft.) (ft.) (ft.)
Front Side Rear
20
Ordinance No. 6928-02
.
.
Accessory n/a nla n/a n/a n/a n/a I/unit
Dwellings
Airport nla n/a n/a nla nla n/a n/a
Educational 40,000 200 15--25 10 15- -20 50 .5--1 per 2 students
Facilities
Halfway Houses 10,000 100 15- -25 10 15- -20 30 1 per 2 residents
Hospitals 1--5 100- 15--25 10--25 15- -25 50 1--2/bed
acres 250
Marina FaEiiliti8s ~ ,W 15 25 ~ 0-20 ~ 1 per 2 slips
Medical Clinic 20,000 100 15- -25 10 15- -20 30 5/1 000 SF
Outdoor 40,000 200 15- -25 10 15- -20 50 1--10/1,000
recreationl SF Land Area or as
Entertainment determined by the
Community
Development
Coordinator based on
lTE Manual standards
Parking Garages 20,000 100 15- -25 10 15- -20 50 nfa
And Lots
Places of 20,000 100 15--25 10 15- -20 50 .5--1 per 2 seats
Worship
Public n/a n/a n/a nla nla 10 n/a
Transportation
Facilities
Residential 10,000 100 15- -25 10 15- -20 30 1 per 2 residents
Shelters
Retail Sales and 10,000 100 15--25 10 15- -20 50 5 per 1,000 SF GFA
Service
Utility/ nla n/a 15--25 10 15--20 nfa n/a
Infrastructure
Facilities (1)
Assisted Livin2 15.000- 100 25 5 lQ 30- 1 per 2 residents
Facilities 20.000 50
Nursin2 Homes 15,000 100- 25 ~ IS 30- 1/1.000 sq. ft.
-
150 40
Social and 20.000 100 15-25 lQ 15-20 30- 4-5 per 1.000 GFA
Community 40
Center
Con2re2ate Care 20.000 100 25 5 10 30- I per 2 residents
50
Section 30. Article 2. Division 12. Institutional District. Section 2-1203.B. is hereby amended as
follows:
21
Ordinance No. 6928-02
.
.
B. Airport. The size and dimeRsioaal r-eEtuiremeRts efthe parGel prop9sed fer de\'elotlFReRt s~all
be Based 9H an lP.'iati9R study. All development activity identified in the 1999 Airport Master Plan study
as short-term development projects shall be processed as Flexible Standard Development projects, and all
mid-term development projects shall be processed as Flexible Development projects. All development
proiects at the City's Airpark must be consistent with the 1999 Master Plan.
Section 31. Article 2. Division 12. Institutional District. Section 2-1203. Marina and marina
facilities is hereby amended by deleting Marinas and marina facilities and re-Iettering as appropriate:
****
F. AfINi19a& 6I1'IQ mariRRja6iJiue8.
+. The pllflPel pfep9sed fer devel9pmeat is Rot h:l~ated iR areas identified is
the C9mpreheRsive PlaR as areas of eRviroRFReRtal sigRifi~aRGe
iRsludiRg:
a. Tile Rorth eRe of ClearNater 8eash;
B. Clear.vater Harl:ler gFa&S I:Ieds;
c. Cooper's PoiRt;
d. Clearwater Harbor speil islaRBs;
e. SaRd Key Park;
f. The seytRem edge of Alligator Lake.
2. Ne cemmil'Gial astivities other thaR the mooriRg of beats OR a remal basis shall
be permitted 9R aRY parQel 9f laRd which is G9Rtigyou& to a par:sel 9f laRd whkh
is desigRated as r.esideRtial iR the Z9RiRg .^...tlas, YRless the mariRa facili~' is
totally sSfseRed "em view "-em the eeRtigY9YS laRd '.vhish is designated as
resideRtial aRe the hoyrs of 9f1erati9R of the sommercial aGtivities are limited to
the time peried I:IetVl'een sYRrise aRd SYRset;
J. SelhS6~:
a. The r-eeYGtieR iR fr-eRt setlJaGk seRtributes to a more lWti'/e aRe dynamic
street life;
b. The FlduGtieR iR "-eRt set1:lask results IR aD impr9vee site plaR or
impr{)V8e desigR aRd appear-aRGe;
c. Side lima reIN selhtil€k: The reductioR iR side aad/or rear setl:laGk does
Rot preveRt assess te t fear of aRY I:IuildiRg by emergiRG)' \'8hieles; The
r"duetioR iR side aRB/or fear setbask reslIlts iR aR impro'/ed site plaR,
more efliGieRt parkiRg er impreved desigR aRd appearaRce.
4. The use of the parGel proposed for develepmeHt will Hot iR%lve direst assess to an
arterial street.
22
Ordinance No. 6928-02
.
.
. . . .
Section 32. Article 2. Division 12. Institutional District. Section 2-1203, is hereby amended by
adding flexibility criteria for the following uses as follows:
N. Assisted living; facilities.
1. The building;s in which the facilities are to be located do not have a flat roof;
2. Off-street parking; is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in heig;ht;
3. All outdoor lig;hting; is desig;ned and located so that no lig;ht fixtures cast light
directly on to adjacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure;
5. The parcel proposed for development is not located in a desig;nated
Neig;hborhood Conservation District. or if the parcel is within the boundaries of a
desig;nated Neighborhood Conservation District, the lot area. lot width and
setbacks are not less than 90 percent of the average lot area. lot width and
setbacks of all improved parcels of land which are located within the.
Neig;hborhood Conservation Immediate Vicinity Area and the heig;ht does not
exceed 120 percent of the averag;e heig;ht of building;s and structures located
within the Neighborhood Conservation Immediate Vicinity Area.
O. Nursing; homes
1. Off-street parking is screened from adjacent parcels of land and any adiacent
street by a landscaped wall or fence of at least four feet in heig;ht;
2. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
P. Social and Community Centers
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning; Atlas;
2. Front setback: The reduction in front setback results in an improved site plan or
improved desig;n and appearance;
3. Side and rear setback; The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
23
Ordinance No. 6928-02
.
.
design and appearance and results in landscapin~ in excess of the minimum
reQuired.
Q. ConJUe~ate care.
1. The buildin~s in which the use is to be located do not have a flat roof:
2. Off-street parkin2 is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in hei~ht;
3. All outdoor Ii~htin~ is desi~ned and located so that li~ht fixtures do not cast Ii~ht
directly on to adjacent land used for residential purposes:
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
Section 33. Article 2. Division 12. Institutional District, Section 2-1203.N. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
. . . .
+. No aba':, greuRd stru&tures are I@&ated adjaGeRt te a street right of way;
Section 34. Article 2 Division 12. Institutional District. Section 1204. Table 2-1204 "I" District
Flexible Development is hereby amended as follows:
Table 2-1204. "I" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
. Front Side Rear
Comprehensive nla nla nla n/a nla n/a Determined by
Infill the
Redevelopment Community
Project (1) Development
Director based
on the specific
use and/or ITE
Manual
standards
24
Ordinance No. 6928-02
-l
.
.
Marina and Marina 5.000 50 15- -25 I 0--15 0--20 30 I per 2 slips
Facilities
Social and 20,000 100 15- -25 10 15- -20 30 4- -5 per 1000
community centers GFA
SociaVpublic 10,000 - 100 15- -25 10 15- -20 30 2 - -3 per
service agencies 20,000 1,000 GFA
Telecommunication 10,000 100 25 10 20 Refer to n/a
Towers Section
3-200 I
Section 35. Article 2. Division 12. Institution District. Section 2-1204. Flexibility criteria is
hereby amended as follows and re-Iettering as appropriate:
. . . .
E. Marinas and marina facilities.
1. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental shr;nificance
includin~:
a. The north end of Clearwater Beach;
b. Clearwater Harbor ~rass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern ed~e of Alli~ator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is conti~uous to a parcel of land which
is desi~nated as residential in the Zonin~ Atlas. unless the marina facility is
totally screened from view from the conti~uous land which is desi~nated as
residential and the hours of operation of the commercial activities are limited to
the time period between sunrise and sunset;
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life;
25
Ordinance No. 6928-02
. .
b. The reduction in front setback results in an improved site plan or
improved desi}!;n and appearance;
c. Side and rear setback: The reduction in side and/or rear setback does
not prevent access to t rear of any buildin}!; by emer}!;ency vehicles; The
reduction in side andlor rear setback results in an improved site plan,
more efficient parkin}!; or improved desi}!;n and appearance,
4. The use of the parcel proposed for development will not involve direct access to
an arterial street.
5. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.e.3 and the Marina and Marina facilities requirements set
forth section 3-603.
....
Section 36. Article 2. Division 13. Industrial, Research, and Technology District. Section 2-
1303, is hereby amended as follows:
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front · Sidel
Rear
Automobile 20,000 100 20 IS 30 4/1000 SF GFA
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GF A
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor 40,000 200 20 15 30 1--10/1,000
Recreation SF Land Area or
IEntertainment as determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
26
Ordinance No. 6928-02
.
.
Outdoor Storage accessory nla 20 15 30 Accessory
Parking lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1-2 per 1.000
GFA
Public nla nla nla nla 10 nla
Transportation
Facilities (1)
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Technology
Residential 5,000 50 20 15 30 3/1,000 SF GFA
Shelters (2)
Retail Sales and nla nla N/a n/a n/a n/a
Services
Restaurants nla nla N/a n/a n!a n!a
Self Storage 10,000 100 20 15 50 2/1 000 SF
TV/Radio 10,000 100 20 15 50 4/1000 SF GFA
Studios
Utility/ n!a nla 20 15 nla n/a
Infrastructure
Facilities (3)
Vehicle 40,000 200 20 15 30 1.5/1,000
Sales/Displays SF Lot Area Lot
and Major Sales Area
Vehicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1,000 SF GFA
Offices- or
Animal
Grooming
Wholesale! 10,000 100 20 15 50 1.5/1,000 SF
Distribution! GFA
Warehouse
facility
Section 37. Article 2. Division 13. Industrial, Research and Technology District, Section 2-
1303.P. Utility/infrastructure facilities is hereby amended by deleting subsection as follows and re-
lettering the subsequent subsection as appropriate.
+. Ne abeve greYRd &trYGtyres are located adjaceRt te a street rigHt ef way;
27
Ordinance No. 6928-02
.
.'
Section 38. Article 2. Division 16. Coachman Ridge Neighborhood Conservation Overlay
District. Section 2-1601, Table 2-1601(0) "CRNCOD" Minimum Development is hereby amended as
follows:
Table 2-1601(D). "CRNCOD" Minimum Development
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-
Area Width (ft.) Height Street
(sq. ft.) (ft.) Parking
Front Side Rear Corner
Side
Yard (1)
Property
with
underlying
zoning of
LDR:
CemmYRi~ 30,000 +00 ~ ~ ~ ~ JG b-Gaf
ResideRtial attacRed
Hemes (' er garage per
feweF dwelling
resideRts)
Detached 30,000 100 25 15 25 25 30 2 car
Dwellings attached
ill garage per
dwelling
Property
with
underlying
zoning of
LMDR:
CemmYRity ~ 30 ~ 1- -J..O ~ JG b-Gaf
Residential attaeRed
Hemes (' er garage per
feweF dwelling
residents)
2 car
Detached 9,000 80 25 7 10 20 30 attached
Dwellings garage per
ill dwelling
(1) A comer side yard is the side yard of a comer lot that abuts a public right-of-way.
(2) Community Residential Homes (6 or fewer residents) shall be considered a detached
dwelling.
28
Ordinance No. 6928-02
.
.
Section 39. Article 3. Division 2. Development Standards. Section 3-20 I.B.4. is hereby amended
as follows:
4. The accessory use and structure is located on the same property as the principal
use and located behind the front edge of the principal structure.
Section 40. Article 3. Division 2. Development Standards. Section 3-201.B.IO. is hereby added
as follows and renumbering the subsequent subsections as appropriate:
....
10. In-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more
above grade shall be classified as a principal structure.
Section 41. Article 3. Division 6. DocklMarina Standards. Section 3-601.C.J.a. is hereby
amended as follows:
a. Setbacks. A dock shall be located in the center one-third of the lot or twenty (20)
feet from any property line as extended into the water, whichever is less, unless
the dock is proposed to be shared by adjoining properties whereupon the dock
may be constructed on the common property line provided that all other
standards of this division are met. Boatlifts and service catwalks shall be a
minimum of ten (10) feet from any property line extended into the water. Tie
poles shall be setback a minimum of one (1) foot from any extended property
line. Single pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the extended
property lines. All watercraft must be contained entirely within the extended
property lines.
Section 42. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.2. Multi-Use Docks.
is hereby amended as follows:
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium, cooperative
apartment, mobile home park or attached zero lot line development shall be
permitted as a Level One (minimum standard) use provided such dock is less
than 500 square feet in deck area and complies with the dimensional standards
set forth in Section 3-601(C)(3)(h). Deviations to the dimensional standards for
multi-use docks may be reviewed and approved in accordance with Section 3-
602 .C.l.g.
Section 43. Article 3. Division 7. Erosion and Siltation Control. Section 3-702.B. is hereby
amended as follows:
B. Stabilization of denuded areas. No disturbed area may be left denuded, and every
disturbed area must be covered by mulches such as straw, hay, filter fabric, seed
29
Ordinance No. 6928-02
.
.
and mulch, sod or other approved material to the extent necessary to cover
otherwise denuded areas unless Community Development Coordinator
determines that the circumstances do not require such covering. Within eo 30
days after the final grade is established on any portion of a project site, that
portion of the site shall be provided with established permanent soil stabilization
measures according to the original construction plan, whether by impervious
surface or landscaping.
Section 44. Article 3. Division 8. Fences and Walls. Section 3-804.A. is hereby amended as
follows:
A. Front setback. Walls and fences located in a front seteask of a principal structure
shall be permitted to a maximum height of thirty-six (36) inches with the
following exceptions:
....
Section 45. Article 3. Division 8. Fences and Walls. Section 3-804.8. is hereby amended as
follows:
....
B. Side and rear setback areas. Fences and walls shall be permitted to a maximum
height of six (6) feet in the AlquiFed side and rlilar seteasks between the principal
structure and any side or rear lot line. Such fences may be permitted up to eight
(8) feet in height. however, if located in the Industrial, Research, and Technology
District ("IRT").
. . . .
Section 45A. Article 3. Division 8. Fences and Walls. Section 3-804.F. is hereby amended as
follows:
....
F. Exception for attached dwellings. No fence or wall over fuw six feet in height
shall be permitted on any attached dwelling lot, except where the fence or wall is
installed along the boundary of the property, in which case the fence or wall shall
be uniformly designed and shall meet the height limits and other standards
otherwise applicable to the fence or wall.
....
Section 46. Article 3. Division 8. Fences and Walls. Section 3-805. Chain link fences is hereby
amended by adding provision to prohibit chain link fences in the Downtown District and re-Iettering the
subsequent subsections as appropriate:
Section 3-805. Chain link fences.
30
Ordinance No. 6928-02
.
.
The following requirements shall apply to chain link fences.
A. Chainlink fences are prohibited within the Downtown District.
A B Front setback. Chain link fences shall not be permitted in the front yard setback
area. Chain link fences shall only be located on a parcel to the rear of the front
building line of the principal building, unless permitted pursuant to Section 3-
802(E) above.
/J:C. Side and rear setbacks, Chain link fences located in a side or rear yard shall not
exceed forty-eight (48) inches or six (6) feet if clad with green or black vinyl. If
such side or rear yard is adjacent to a public right-of-way, however, such
chain link fence shall not be permitted.
~D. Landscaping requirements. Chain link fences which are not otherwise required to
be landscaped by Article 3 Division 12 shall be landscaped with a continuous
hedge or a nondeciduous robust growing vine at frequent intervals. Such
landscaping may be located on the external or internal side of the fence along the
entire length of the fence.
!;;hE. Public or private recreational facilities. Chain link fences for public or private
tennis courts, golf courses and driving ranges, athletic fields, play courts, batting
cages and other similar uses are exempt from height regulations contained in this
section and the location restriction of 3-80~.ill) above.
....
Section 47. Article 3. Division 9. General Applicability Standards. Section 3-902.
Comprehensive plan densities/intensities is hereby amended by adding the following subsection:
D. When calculating the lot area and/or density/intensity of a property. the total of
either number shall not be rounded up to the next whole number.
Section 48. Article 3. Division 9. General Applicability Standards. Section 3-904. Sight visibility
triangle is hereby amended by deleting sight triangle (arterials and collectors) diagram, and deleting
street and driveway title name on diagram. Deleting 10' from pavement edge or roadway (if no sidewalk).
Deleting 5' from back of sidewalk, and renaming right-of-way and driveways and inserting new diagram
that requires a 20 feet setback from the edge of the property line pursuant to Exhibit A.
Section 49. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
....
A. Building projections which are affixed solely to the building and not directly affixed
to the ground such as building fascias, roof overhangs. eaves, canopies other than
freestanding canopies, awnings, marques, and other similar projections, shall be
permitted to project into required setbacks as specified below.
31
Ordinance No. 6928-02
.
.
* * * *
Section 49A. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
*. * .
D. Balconies, decks, bay windows, and similar features that linearly extend SO percent or
less of the width of the building wall to which they are attached shall be permitted to
extend into a required set back area not more that JO 24 inches provided that through
access is not obstructed.
Section 50. Article 3. Division 9. General Applicability Standards. Section 3-912. Outdoor
displays/storage is hereby amended as follows:
Section 3-912. Outdoor display/storage.
Unless otherwise expressly permitted in the zoning district in which the property
is located, the outdoor display and storage of goods and materials is prohibited.
All g99ds and materials shall Be stored in a maRner that is Rot visiBle from tRe
pygliG right gf '.~' 9r fr9m aEljaGsnt prepsrties.
Section 51. Article 3. Division 9. General Applicability Standards. Section 3-915.C. Uses
involving vehicles is hereby amended as follows:
. * * *
C. No repair of any vehicle is permitted in any residential zoning district unless
such repair is eitRef confined within a completely enclosed building and limited
to vehicle service involving vehicles owned by a person who resides at that
residence, however, minor vehicle repairs are permitted anywhere on the
property. Under no circumstance shall such repair be conducted as a commercial
activity.
Section 52. Article 3. Division 9. General Applicability Standards. Section 3-916. Vending
machines is hereby amended as follows:
....
C. No more than two (2) vending machines, per development site, shall be permitted
outside of any building. unless such machines are not visible from any public
right-of-way or any abutting property. Signage allowed on vending machines
shall be flush with the machine and shall be limited to thirty-five (35) percent of
the machine's front face. including the selection choices. The remaining front
face of the vending machine shall be of a similar color as the signage. No
signage shall be allowed other than on the front of the vendiDJz: machine.
Section 53. Article 3. Division 12. LandscapinglTree Protection. Section 3-1202.B.1. Minimum
plant material standards is hereby amended as follows:
I. Minimum plant material standards:
32
Ordinance No. 6928-02
e
.
PLANT SIZE QUALITY OTHER
(at installation) REQUIREMENTS
Shade Tree ~' !!r. height Florida a. Use of live oak (City tree) is
4.!.!. 2.5" caliper Grade # 1 encouraged, however species
diversity is preferred over
monoculture.
b. Must be planted a minimum of
five feet from any impervious
area.
c, At least ten percent of the total
number of trees shall be of a
species which exhibits
conspicuous flowering.
Accent Tree 8' height Florida 2 accent trees = I shade tree;
2" caliper Grade # 1 unless overhead lines are
unavoidable; no more than 25% of
required trees may be accent trees.
Palm Tree 10' clear and straight trunk. Florida Can be used to satisfy 75% of tree
Grade # 1 requirements on Beach, Sand Key
& Island Estates, 25% elsewhere
in the City. Staggered clusters of 3
palm trees = I shade tree, except
for specimen palm trees such as:
phoenix canariensis (canary island
date palm), phoenix dactylifera
(edible date palm) and phoenix
reclinata (senegal date palm),
which count as shade trees on a
1 : 1 ratio.
33
Ordinance No. 6928-02
.
.
Shrubs A.) 18-24" in height when used Florida
in a perimeter buffer - planted Grade # I Use of Hibiscus (City flower) is
every 36", (measured from the encouraged for non-required
center of the shrub) providing a landscape plantings, especially for
100% continuous hedge which accent marking at entrances and
will be 36", high and 80% other points of high visibility.
opaque 12 months from the time
a certificate of occupancy is
received (excluding drives and
visibility triangles where
applicable)
B.) 14-24" in height when used
for interior - planted every 30"-
36", respectively (measured
from the center of the shrub)
with a 3 gallon minimum
Ground Cover 1 gallon minimum - planted a Florida Encouraged in lieu of turf to
maximum of24" O.C. Grade # I reduce irrigation needs.
Turf N/A Drought Turf areas should be consolidated
tolerant and limited to areas of pedestrian
varieties traffic, recreation and erosion
control.
Section 54. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.C. Irrigation is
hereby amended as follows:
1. For multifamily and nonresidential properties an automatic permanent irrigation
system providing complete water coverage for all required and other landscaping
materials shall be provided and maintained as a fully functioning system in order
to preserve the landscaping in a healthy growing condition.
Section 55. Article 3. Division 12. LandscapingfTree Protection. Section 3-1204.D. is hereby
amended as follows:
D. All landscaping required by this division must be protected from vehicular and
pedestrian traffic by the installation of concrete curbing., and wheel stops, or
other protective devices along the perimeter of any landscaping which adjoins
vehicular use areas or sidewalks. These protective devices shall have a minimum
height of six inches above grade.
Section 56. Article 3. Division 12. LandscapingfTree Protection. Section 3-1205.B.2. Tree
Protection is hereby amended as follows:
a. The condition and location of the protected tree, specimen tree stand. or palm
with respect to species. tree structure. competition. disease, insect attack, danger
34
Ordinance No. 6928-02
.
.
of falling, proximity to existing or proposed structures and interference with
utility services.
b. Protected treest specimen tree stands, and palms shall be preserved to the
maximum extent possible and reasonable flexibility in the design of pennitted
uses shall be granted, within the parameters of the zoning district within which
the property is located, in order to ensure such preservation.
Section 57. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D. Tree
Protection is hereby is amended as follows:
3. When the Community Development Coordinator determines that there is not
sufficient space available to replace the equivalent of all protected trees on-site in
accordance with these requirementst the remaining DBH deficit shall be met by
paying a fee of $48.00 per inch of DBH to the tree bank. The Community
Development Coordinator may detennine that certain protected trees are not
required to be replaced based on certain criteria, includillJ~ but not limited to,
species, health, hazards, or other conditions.
Section 58. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.0.5. Tree
Protection is hereby is amended as follows:
g. Waiver of replacement trees' specifications. The city maRager Community
Development Director may waive the characteristics, or species, gr size of the
replacement trees only if the applicant for development approval demonstrates to
the city manager Community Development Coordinator that such size is not
readily available in the market area and that the proposed landscaping treatment
with replacement trees is equal to or superior to the landscaping which would
have been provided with the larger trees.
Section 59. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended by adding subsection h as follows:
h. Waiver of Replacement Requirements for Public Utilities Projects. The
Community Development Coordinator may exempt the city from the tree
replacement requirements solely for public utilities proiects.
Section 60. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205. Tree Protection
is hereby amended by adding subsection G as follows:
G. Protection of tree trunks. It shall be unlawful to use tree spikes or other devices that
damage tree trunk tissue of protected trees.
Section 61. Article 3. Division 13. Outdoor Lighting. Section 3-1302. is hereby amended as
follows:
Section 3-1302. Site lighting.
All outdoor lighting, other than outdoor recreational facility and street lighting, shall
comply with the following requirements:
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Ordinance No. 6928-02
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A. Fixture-type. All light fixtures which are visible from the boundaries of the
parcel prep9sed fer de'lelapmeRt of land, other than fixtures which are designed
and installed to illuminate a wall and are directed away from adjacent properties,
shall be cut-off lights where direct illumination is cut-off above 40 degrees below
horizontal.
B. Location. All outdoor light fixtures shall be located so that objects or land which
. are located beyond the boundaries of the par:Gel prep9sed fer devel9pmeRt parcel
ofland are not illuminated to an extent of producing more than a diffuse shadow.
... .
Section 62. Article 3. Division 14. Parking and Loading. Section 3-1401. Parking is hereby
amended by adding subsection C. as follows:
C. Parkin$! Demand Study.
1. The Community Development Coordinator may require an applicant to prepare a
parkinJt demand study in coni unction with a request to make deviations to the
parkinJt standards. Prior to the preparation of such study, the methodoloJtY shall
be approved by the Community Development Coordinator and in accordance
with accepted traffic enJtineerinJt principles. The findinJts of the a study will be
used in determininJt whether or not deviations to the parkinJt standards are
approved.
Section 63. Article 3. Division 14. Parking and Loading. Section 3-1403.A. is hereby amended
as follows:
A. Permanent surface. Except as otherwise permitted in subsection (B) of this
section, all unenclosed parking lots, spaces, vehicular accessways and driveways
shall be improved with a permanent all-weather paving material which is graded
to drain storm water.
Section 64. Article 3. Division 14. Parking and Loading. Section 3-1403.B.1. Grass surface is
hereby amended as follows:
1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass
or other unpaved area zeRed fer aR)' multiple family er R9RresideRtial use unless
specifically authorized in this section.
Section 65. Article 3. Division 14. Parking and Loading. Section 3-1407.A.I.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-Iettering the subsequent
subsections as appropriate:
d. 1\8)' semi tEa.ter trailer trulUk ar lUab;
Section 66. Article 3. Division 14. Parking and Loading. Section 3-1407.A.2. Parking
restrictions in residential areas is hereby amended as follows:
... .
36
Ordinance No. 6928-02
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2. Within selhsek SW8a fr9Rl Ihe 8IF-Bet right 9f WQ}'. Between principal structure
and riflht-of-wQV. The following vehicles shall not be parked or stored, in whole
or in part, within anr reqYired setback Mea CreIB a street right ef "Jar between
any portion of the principal structure and any riJ;tht-of-way line in a residential
zoning district:
....
Section 67. Article 3. Division 14. Parking and Loading. Section 3-1407A.2.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-Iettering the subsequent
subsections as appropriate:
d. 'any semi tractar trailer tryck ar cab;
Section 68. Article 3. Division 14. Parking and Loading. Section 3-1407.A.4. Parking
restrictions in residential areas is hereby amended as follows:
4. Exception to Prohibition of Parking on Unpaved Areas. One designated parking
space may be located on the grass in a required front setback adjacent to and
parallel to the driveway located on the property. Access to such designated
parking space shall be by way of the property's driveway. If the designated
parking space can not be maintained as a landscaped area and is either reported
by neighboring residents as a detrimental property or is identified by any code
inspector as is violation of this provision, such designated parking area shall be
filled in, by the property owner, with pavers, concrete, turf block, or other
approved suitable parking material.
Section 69. Article 3. Division 14. Parking and Loading. Section 3-1407.A. Parking restrictions
in residential areas is hereby amended by adding subsection 3-1407.A.5. as follows:
5. Parking on Unpaved Area Prohibited. No parking, displaying, or storing of
vehicles, trailers and/or boats shall be permitted on any grass surface or other
unpaved area zoned for any use unless specifically authorized in this section.
Section 70. Article 3. Division 14. Parking and Loading. Section 3-1407.B.2 Parking restrictions
in residential areas is hereby amended as follows:
2. Loading, unloading, or cleaning of vehicles, but not including semitrailer trucks
or cabs, provided such activity is fully completed within ~ twenty-four hours
and provided such activity does not occur at the same location more than two
times per month.
Section 71. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.C.3.
Property maintenance requirements is amended as follows:
3. Ground level staretrQRt windows facing a public right-of-way shall be
maintained in an unbroken, and clean state. No window facing the public right-
of-way shall be permanently removed and enclosed, covered or boarded up
unless treated as an integral part of the building facade using wall materials and
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Ordinance No. 6928-02
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window detailing comparable with any upper floors and the building facade in
general. All damaged or broken storeffORt windows shall be promptly restored,
repaired or replaced. All awnings or canopies facing or visible from the public
right-of-way shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings shall be promptly replaced, repaired or removed.
Section 72. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.0.1.
Property maintenance requirements is amended as follows:
1. As provided in section 3-912 of this development code, outdoor storage is
prohibited Ror may goods aHd materials be stoFea iR aR)' maRRer 'NRishis visible
from the publis right of 'Nay or fmm abutting properties.
Section 73. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.0.3.
Exterior storage and display for residential properties is amended as follows:
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, may shall not
be stored outdoors on a residentially zoned property.
Section 74. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.KA. Public
rights-of-way and sidewalks and parking surfaces is amended as follows:
4. Parking lot and driveway surfaces shall be maintained in a safe and clean
condition by the owner of the parcel of land. The owner shall, at a minimum,
keep such surface free of pot holes, litter, trash, debris, equipment, weeds, dead
vegetation and refuse and shall promptly repair cracked or heaved parking lot
surfaces.
Section 75. Article 3. Division 15. Property Maintenance Standards. Section 3-1502. Property
maintenance requirements is amended by adding subsection L. as follows:
L. Maintenance of seawalls. All seawalls shall be maintained in a structuraJlv
sound condition and shall complv with applicable buiJdinJ;?; and coastal
construction codes.
Section 76. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.5. is
hereby amended as follows:
5. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of
vegetation, or undergrowth of dead or living vegetation or YRteRded aREl/or
uRfeRsea swimmiRg pools hazardous swimminJ;?; pools, or hazardous trees upon
any property to the extent and manner that such property contains or is likely to
contain rodents, reptiles or other vermin, or furnishes a breeding place for flies,
mosquitoes, or wood-destroying insects, or otherwise threatens the public health,
safety or welfare.
Section 77. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.8. is
hereby amended as follows:
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Ordinance No. 6928-02
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8. The lack of maintenance by a property owner of property abutting any dedicated
right-of-way in the City in a condition such that weeds or trash are found in and
on the right-of-way or such that the weeds or wsh weeds, shrubs, vegetation,
trash, or any other accumulation extend over the sidewalk, bicycle path, curbline
or edge of pavement ofan improved right-of-way by more than four inches (4").
Section 78. Article 3. Division IS. Property Maintenance Standards. Section 3-1503.B.I0. is
hereby amended as follows:
10. The lack of maintenance by a property owner abutting any dedicated right-of"
way or easement in the City where a height clearance of less than eight feet (8')
from the sidewalk pavement measured vertically from the pavement surface is
maintained, unless an exception has been granted by the Urban Forester.
Section 79. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.
Nuisances is hereby amended by adding subsection 3-1503.B,13. Seawalls as follows:
13. Seawalls. Any seawall in a condition where the structural integrity is not
maintained.
Section 80. Article 3. Division 18. Prohibited Signs. Section 3-1803.L. is hereby amended by as
follows:
L. Signs located on publicly owned land or easements or inside street rights-of-way,
except signs required or erected by permission of the City MaRger Manager or
City Commission, signs or transit shelters erected pursuant to Section 3-2203,
and sandwich board signs to the extent permitted in the Downtown District.
Prohibited signs shall include but shall not be limited to handbills, posters,
advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks.
Section 80A. Article 3. Division 18. Prohibited Signs. Section 1803.U. is hereby amended by
deleting the subsection and re-Iettering the subsequent subsections as appropriate:
~ Temporary wiAdeVl SigAS in F8sid8Atial distrists.
Section 81. Article 3. Division 18. Signs Permitted Without a Permit. Section 3-1805. A. is
hereby amended as follows:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than three square feet of
total sign face area for each parcel of land used for commercial purposes. The
square footage for the address sign shall be allowed in addition to the total square
of signage footage allowed in Section 3-1806.
Section 82. Article 3. Division 18. Signs Permitted Without Development Review. Section 3-
1805.S. is hereby amended as follows:
39
Ordinance No. 6928-02
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S. A change in a sign message or panel on a previously approved, lawful sigIh 1
e,g.. any sign allowed under this ordinance may contain. in lieu of any other
copy. any otherwise lawful noncommercial message that complies with all other
requirements of this ordinance.
Section 83. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Non-residential is hereby amended as follows:
B. Non-residential. All signs must be architecturally integrated into the design of
the building and/or site using similar and coordinated design and style features,
materials and colors. etc. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines. over
windows. trim. cornices. or other building features. Master signage plans are
required for shopping centers. including all out parcels. and office parks or any
other master planned developments where a substantial development or
redevelopment is undertaken or proposed. These will be reviewed as a
Comprehensive Sign Program application.
Section 84. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.l Freestanding Signs is hereby amended as follows:
a. One freestanding sign per parcel proposed for development with no more than
sign two sign faces. A parcel located at a comer may be permitted two signs,
one at each street frontage, provided that the maximum area of the sign faces of
the two signs shall not exceed the total maximum allowable area. ~ign area is
measured from the road frontage which results in the greatest square footage.
Section 85. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.l.c. Area of Freestanding Signs is hereby amended as follows:
JIl. Sixty-four square feet; whichever is less. However, a minimum ofteR 20 square.
feet per parcel proposed for development shall be allowed.
Section 86. Article 3. Division 18. General Standards. Section 3-1806.B.1. is hereby amended
by adding subsection 3-1806.B.I. Freestanding signs at Elevated Intersections as follows:
h. Freestanding Signs at Elevated Intersections. Sites which front on an elevated
roadway (including US 19 and McMullen Booth Road) having limited visibility
are permitted one freestanding sign to a maximum of 14 feet in height above the
crown of the road. as measured at the highest point of the roadway within the
property lines that are perpendicular and adjacent to the elevated roadway
excluding any service or frontage roads.
Section 87. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Attached Signs is hereby amended as follows:
3. Attached signs. The following signs shall be permitted in all non-residential
districts:
40
Ordinance No. 6928-02
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a. One attached sign per business establishment. The area of an attached
sign face shall not exceed:
i. One square foot per 100 square feet of the fayade of the building facing
the street frontage to which the silm is to be attached; or
11. Twenty-four square feet; whichever is less. However, a minimum of-teR
twenty square feet per business establishment with a principal exterior
entrance shall be allowed. The Community Development Coordinator
may permit siJl;ns for second story or above businesses in the Downtown
and Tourist Districts if they meet all other criteria for attached signage.
b. Where individual ByildiRg business establishments with, exterior
entrances are located in a single building, 9f-ffi RlYltiple multi-tenant
buildings \'Jhi~h are attached, or as part of a business/office complex or
shopping center, attached signs shall be designed according to a common
theme Byt Be sufficiently differ-eRt iR including similar style, color,
material and other characteristics to provide 8\leid a sense of uniformity
Br sameRSSS. ChanJl;es to individual tenant siJl;nage shall be reviewed for
compliance with the established or proiected theme of the development
site.
c. ProiectinJl; siRns may be used as a type of attached silm in the Downtown
(D) and Tourist (T) districts, unless otherwise permitted by the
Community Development Coordinator. They shall be installed with a
minimum eight-foot clearance from the bottom of the siJl;n to JUade or the
sidewalk. ProjectinJl; siJl;ns shall comply with encroachment into setback
and riJl;hts-of-way Section 3-908.
Section 88. Article 3. Division] 8. Comprehensive Sign Program. Section 3-1807.8. Permitted
Signage is hereby amended as follows:
B. Permitted signage. Signage whicl:l is proposed as part of a GompreRensi'/e sign pregram
may deviate fr-9m the minimym sign standards in terms gf numBer gf signs per Bysiness
or parGel ef land, maximym ar-ea of a sign face per parGel Bf land and the telal ar-ea of
sign fases per Business ar parcel af laRd, syejest te GOmpliaRse ''vith the flexibility
Griteria set ayt in SeGtiBn J 1 gQ7.C. Menyment signs, permitted pyrsyant ta "eGtieR 3
1 g()(j.B.l.g and Sestien J I g()(j.B.2 shall not ge eligible fur G9mprehensive sign program.
A comprehensive sign progr-am shall ge appr-9ved as part ef a level ene er level Rve
apprc)Val, as the Gase may ge.
.L SignaJl;e which is proposed as part of a comprehensive siJl;n program may
deviate from the minimum sign standards in terms of number of siJl;ns
per business or parcel of land. maximum area of a sign face per parcel of
land and the total area of siJl;n faces per business or parcel of land,
subject to compliance with the flexibility criteria set out in Section 3-
1807.C. Monument siJl;ns. permitted pursuant to section 3-1806.8.l.g
and Section 3-1806.B.2 shall not be eliJl;ible for comprehensive siJl;n
prOJl;ram. A comprehensive siJl;n prOJl;ram shall be approved as part of a
41
Ordinance No. 6928-02
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Level One or Level Two approval. as the case may be. Prohibited si2ns
in Section 3-1803 are not eli2ible for a comprehensive siJl;n program.
2. As part of a comprehensive sign program. the Community Development
Coordinator shall review all sign types (freestanding. attached. windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
re2ulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The Community
Development Coordinator may allow for flexibility in reviewin2 the
master si2n plan if it results in a substantially improved and
comprehensive proposal. With a master si2n plan. the Community
Development Coordinator may permit interior site directional signs at a
size and location(s) related to the development proiect. with up to a
maximum hei2ht of six feet.
Section 89. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C.1.
Flexibility Criteria Architectural Theme is hereby amended as follows:
b. The design, character, location and/or materials of all freestandin2 and attached the
signs proposed in a comprehensive sign program shall be demonstrably more
attractive than signs otherwise permitted on the parcel proposed for development
under the minimum signs standards. All signs must be architecturally integrated
into/with the desi2n of the building and/or site using similar and coordinated design
features. materials and colors, etc.
Section 90. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. Flexibility
Criteria is deleted in its entirety and replaced as follows:
2. THe maximum HeigHt of all signs prepelsed iR a GompreHeR!;ive sigR program is 14
feet, pnwided HO\\'8'J8r tAat a siRgl@ altaGHed sigR '.vitA a sigR fase af He more tAaR 12
square feet may Be er.elited up t9 the Height of the BuildiRg.
2. The height of all freestandimt signs proposed through the comprehensive sign
program shall relate to the design of the si2n and shall not exceed 14 feet in height.
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C Total Area
of Sign Faces is hereby amended as follows:
4.,. The total area of sigR rases 'shiGh are preposed as part ef a ElempreheRsive sigR
pragr-am shall Hat eXGeed ~NO times the total ac.ea of sign faGes peFlRitted NRder that
miRimNm sigR standar.es OR tHe parGel proposed far de'1810pmeHt.
4. Height. Area. Number and Location of Sif!ns. The height, area. number and
location of si2ns permitted throu2h the Comprehensive Si2n Program shall be
determined by the Community Development Coordinator based on the following
criteria: overall size of site. relationship between the buildin2 setback and si2n
location. frontage, access and visibility to the site. intended traffic circulation
42
Ordinance No. 6928-02
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pattern, hierarchy of signage, scale and use of the project., and submittal of a
master sign plan for the development parcel/proiect. Additionally, the maximum
permitted sign area shall be based on the following formula when evaluated
against the above criteria:
1. Attached signs - The maximum area permitted for attached signage shall
range from one percent up to a maximum of six percent of the building
facade to which the sign is to be attached.
ii. Freestanding signs - The maximum permitted area of all freestanding signs
on a site shall not exceed the range of sign area permitted by the street
frontage or building facade calculation methods set forth in Section
1806.B.1.c.i.and ii.
Section 92. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3.g. Portable storage units
is hereby amended as follows:
g. A sticker shall be affixed to all portable storage units indicating the most recent
delivery date, the Elate on which the portable storage unit is ~ delivered to a
property .
Section 93. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3. Portable storage units is
hereby amended by adding subsection j. as follows:
1: The Community Development Coordinator may allow portable storage units to
be located on a property for a longer period of time than specified in Section 3-
2103.C.2 in emergency situations. The Community Development Coordinator
may allow a period of 15 days for a portable storage unit to be located on a
property and may allow an additional 15 days if extension is required to
complete emergency repairs.
Section 94. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. is
hereby amended as follows:
A. Basic information requiredfor all applications. EXGept as pre'fides iR &Y9s8GtioA
23 fer {eRGe pSFmits, er YRlsss etaerwiss iRaflpliGaale fer the PiFmit seygat, a All
applications for development approval shall include the following information:
....
Section 95. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.7. is
hereby amended as follows:
7. A plat af re'19rEl ar signed and sealed survey of the property including the
dimensions, acreage and location of the property prepared by a registered land
surveyor showing all current structures/improvements.
Section 96, Article 4. Division 2. Applications for Development Approval. Section 4-202.A.ll.
is hereby amended by adding subsection 4-202.A.ll.y. as follows:
43
Ordinance No. 6928-02
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~ Type and location of all attached and freestandin~ si~nage for compliance with
Article 3. Division I 8. Si~ns.
Section 97. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.25.
is hereby amended as follows:
d. If....the For all proposed development is for a single family dwelling ar aQQeS&9ry
use; a plet plan si~ned and sealed survey with the following information:
I. Existing and proposed fences and landscaping.
ii. The proposed height and materials of the proposed fence.
Section 98. Article 4. Division 2. Applications for Development Approval. Section 4-206.
Notices and public hearings Permitted Uses: Level One diagram on page CD4:15 is hereby amended by
revising the third box as follows: "Notice to Adjacent Property Owners (flexible standard development)."
Section 99. Article 4. Division 2. Applications for Development Approval. Section 4-206.C.2.e.
Public hearings is amended as follows:
e. By posting a sign for level three (3) approvals only. at least six square feet in
area and not exceeding six feet in height facing the street(s) on the parcel
proposed for development.
Section 100. Article 4. Division 2. Applications for Development Approval. Section 4-206.D.5.
Public hearings is amended by adding subsection 4-206.D.5.a. as follows:
a. Any expert witness testifying shall submit a resume for the record before or
during the public hearin~.
Section 101. Article 4. Division 2. Applications for Development Approval. Section 4-502.A.
Application/notice of appeal is hereby amended as follows:
A. An appeal of a level one approval (flexible standard) may be initiated by a
prepe~' owner aButting tae property an applicant or property owners within the
required notice area and who presented competent substantial evidence in the
Levell review, which is the subject of the approval within seven days of the date
the development order is issued. The filing of an application/notice of appeal
shall stay the effect of the decision pending the final determination of the case.
Section 102. Article 4. Division 2. Applications for Development Approval. Section 4-502.B.
Application/notice of appeal is hereby amended as follows:
B. An appliQatien!R9tiQe efappealofaRY decisien ahae ~ity, as pFevided in &8GtioR
~, Appeal of all other applications other than level one approval flexible
standard may be initiated by the applicant., or!!y any person granted party status
within 14 days of the decision. Such application shall be filed with the city clerk
44
Ordinance No. 6928-02
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in a form specified by the community development coordinator identifying with
specificity the basis for the appeal and accompanied by a fee as required by
section 4-202(E). The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case.
Section 103. Article 4. Division 2. Applications for Development Approval. Section 4-504.B.
Community development board appeals is hereby amended as follows:
B. Upon receipt of an application/notice of appeal from a level one approval
(flexible standard) from an abutting property owner, the community development
board shall place the appeal on the consent agenda of the next scheduled meeting
of the board. Notice of the date of such meeting shall be provided the applicant
and the appellant(s) by mail and by telephone. The appeal may be removed from
the consent agenda only by a vote of at least four members of the community
development board. If the appeal is Ret removed frem the GeRseRt agenda, it shall
be apPfQnd, aleng with any ether sensent agenda items, BY a 'lete of a majerity
of the memBers of the hoar'" If the appeal is not removed from the consent
agenda. the decision of the Community Development Coordinator is confirmed
as part of the consent agenda by a vote of the maiority of the members of the
board. If the appeal is removed from the consent agenda, the community
development board shall review the application, the recommendation of the
community development coordinator, conduct a quasi-judicial public hearing on
the application in accordance with the requirements of section 4-206 and render a
decision in accordance with the provisions of section 4-206(0)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the appeal.
Section 104. Article 4. Division 2. Applications for Development Approval. Section 4-505.A.
Community development board appeals is hereby amended as follows:
A. Upon receipt ora notice of appeal regarding decisions set out in Section 4-50 I (B), the
hearing officer shall, in concert with the city clerk, establish a timely date and hour
and location for a 'laasi jadicial hearing to consist solely of: 1. reception of the record
before the community development board; and 2. oral argument. The city clerk shall
give notice of the ~ hearing in accordaace with the preyisioBs of seGti9R -1
206(C) and the hearing shall be c9RQasted in 3CS9rdaBQe ..vitll. the procedwes set forth
in section 4 206(D). to the appellant, applicant, City, and any person granted party
status by the community development board.
B. At the hearing, + !he record before the community development board shall be
incorporated iBte the reGord bef-ore received by the hearing officer, sapplement@G by
saca additional evidence as m~' be brought forward daring the hearing. Additionally,
oral argument may be presented by the appellant, applicant. City, and any person
granted party status by the community development board.
C. The burden shall be upon the appellant to show that the decision of the community
development board cannot be sustained by the evidence before the board and befor~
45
Ordinance No. 6928-02
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the heariBg efficer, or that the decision of the board departs from the essential
requirements of law.
D. The persons entitled to present oral argument as set forth in subsection B. above may
submit proposed final orders to the hearing officer within 20 days of the hearing.
The hearing officer shall render a decision within 45 days of the hearing ffi
aeeGrGaBee '.'/ith the pr-ovisiGB& of seeti9R 4 2Qe(D)(5). The decision of the hearing
officer shall include findings of fact, conclusions of law, and a determination
approving, approving with conditions, or denying the reQuested development
application. The decision of the hearing officer shall be final, subject to judicial
review by common law certiorari to the circuit court. The filing of a petition for
certiorari stays the decision of the hearing officer pending the final determination of
the case.
Section 104A. Article 5. Division 10. Hearing Officer. Section 5-1003. Procedures is hereby
amended as follows:
All hearings conducted by a hearing officer on behalf of the city shall be conducted in
accordance with section ~ 4-505.
Section 105. Article 4. Division 6. Level Three Approvals. Section 4-602.A. Purpose and
applicability is hereby amended as follows:
A. Purpose and applicability. The Zaning Atlas af the City af ClearNater Gansists af a
map af the ci~', published in the farm af an atlas ar beok GaRtainiRg a title aAd
summary page and additiaRal sepaFate sheets, eaGh Gavering a paRiaR af the sity,
depiGting all real pr-epe~' within the si~ and designating the various zaning distrists
aRB tlte baYRBarie& th8...af. The zaRiAg atlas Ehall be in &yffisieat detail so that
prape~' a,'.'ne1=& m~ laG ate their praperties with fespest 1a \he zaning distrist
boundary lines. It is the purpose of this section to establish a procedure for amending
the zoning atlas of the city in accordance with Florida Statutes.
Section 106. Article 4. Division 7. Subdivision/Plats. Section 4-702. Required approvals is
hereby amended as follows:
Section 4-702. Required approvals.
If plat approval is required, approval is obtained in two stages: preliminary and
final plat approval and is intended to be processed simultaneously with other
required approvals. Preliminary approval is granted by city staff for level one
approvals and the community development board for level two approvals. In the
event a level two approval is required, the preliminary plat is a required
submission and will be reviewed and approved by the community development
board as part of that approval process. While city commission approval is
required by state law for final plats, the approval process is ministerial, assuming
compliance with the preliminary plat approval and all requirements of the city
46
Ordinance No. 6928-02
.
.
.
code. If plat approval is required, preliminary final plat approval must obtained
before a building permit may be issued. E'Iidense ef the reserding of an
appre'lId final plat HUlst be sl:Ibmitted prier to the issl:laRse of a sertifisate of
OSSl:IpaRSY.
Section 107. Article 4. Division 7. SubdivisionlPlats. Section 4-708.C. Recording of final plat is
hereby amended as follows:
C. Evidence of recording a final plat shall be submitted prior to the issuance of a
the sertifisate sf gS~l:Ipansy first building permit. The Community Development
Coordinator may allow certain types of permits such as demolition, site and
utility permits to be issued for construction prior to recording the final plat, upon
written request by the subdivider, provided the final plat has been approved.
Section 108. Article 4. Division 12. Tree Removal Permit. Section 4-1202.A. Removal permit
application is hereby amended by deleting the subsection and renumbering the subsequent subsection as
appropriate:
. . . .
4. P. 6Spy sf the Level One sr level Tws Appr-eval a&SS6iated with the tr-ee
reme'lal.
....
. Section 109. Article 4. Division 13. Land Clearing Removal Permit. Section 4-1301. Permit
required is hereby amended as follows:
Section 4-1301. Permit required.
A land clearing and grubbing permit is required in order to clear or grub any land
in the city. No land clearing and grubbing permit shall be granted prior to
issuance of a level one or level two approval in accordance with the provisions of
Article 4, Divisions 3 and 4.:, exsept wAen assodated with a aemoliti9R penflit
that dees net invelve Ae\'.' seRstrl:lstioR or a redevelopment pmje~t. If no level
one or level two approval is required a We land clearing and grubbing permit
shall be granted I:Inless it if the permit request is in conformance with the
provisions of this division or the terms of a prior approval.
Section 110. Article 4. Division 14. Transfer of Development Rights. Section 4-1401. Purpose
and authority is hereby amended as follows:
Section 4-1401. Purpose and authority.
It is the purpose of this division to establish procedures for the transfer of
allocated development rights in the city in order to promote redevelopment of the
district in a manner which minimizes the impacts of such transfers and protects
the interests of all property owners and residents of the city.
47
Ordinance No. 6928-02
.
.
"
Transfer of Development Rights may be used to: (I) Implement the goals and
policies of redevelopment plans and/or special area plans approved by the City,
the Pinellas Planning Council and the Countywide Planning Authority; (2)
Protect designated environmental. open space. archaeological. historical or
architecturally significant sites.
Section 111. Article 4. Division 14. Transfer of Development Rights. Section 4-1402. Allocated
development rights are freely transferable is hereby amended as follows:
Section 4-1402. Allocated development rights are freely transferable.
De'/elopmeat rights ef a pF8\'iel:lsly developed siQj JR~' be transferred te any site at any time,
te the same extent and in tRe saRle manner as allY ether interest in real property provided that
the dens~' aadJer intensi~' eftAe reseiving site is net e*Geeded by twen~' per-sent (29%) of
the develepment peteRtial of the site prier te the transfer. The traasfer shall he iR the form ef
a spesial warranty deed, \wish shall spesify the am91:1Rt of trallsfer-ahle develepRlent rights
whish ar.e being senveyed er seld and the Feal prepeFty Rem ,'.'hiGA the rights are transferr-ed.
The special wamlnty deed shall seRtain a Govenant restristiRg iR perpetuity the I:Ise of the
par.rael from which the rights have hein tFaRsferred.
Development rights of a pre'liel:lsly developed siQj parcel of land may be transferred to
any site parcel of land at any time, to the same extent and in the same manner as any
other interest in real property provided such transfer is in compliance with the
subsections 1, 2, 3, and are permitted only in circumstances outlined in either 4 or 5
below.
1. Any mortgage holder of the sending parcel shaH consent to the transfer of
development rights.
2. The sending parcel shall be in compliance with all property maintenance standards
specified in Article 3 of this code.
3. The transfer shall be in the form of a special warranty deed, which shall specify the
amount of transferable development rights which are being conveyed or sold and
the real property from which the rights are transferred. Additionally, the special
warranty deed shall contain a covenant restricting in perpetuity the use of the parcel
from which the rights have been transferred.
4. For parcels receiving density/intensity transferred from a designated environmental,
open space. archaeological, historical or architecturally significant site.
density/intensity may not exceed twenty (20) percent of the permitted development
potential of the site prior to the transfer.
5. For parcels located within an area designated Central Business District (CBD) or
Community Redevelopment District (CRD) on the Countywide Future Land Use
Plan map or parcels 20verned by approved redevelopment or special area plans, a
site may only receive density/intensity transferred from within the CBD, CRD,
redevelopment plan area or special area plan district. and may not exceed the
otherwise applicable maximum density/intensity by twenty (20) percent provided
48
Ordinance No. 6928-02
.
.
that the governing plan makes specific provisions for the use of transfer of
development rights.
Section 112. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.C. Use of
transferred development rights is hereby amended as follows:
1. The parGel preposea for developRlent is lesated iR tRe city The sending site and the
receiving site must be located within the city.
2. No building which exceeds 100 feet in height shall be located within 100 feet of any
other building which exceeds 100 feet in height. No more than two buildings which
exceed 100 feet in height shall be located within 500 feet of any building which
exceeds 100 feet in height; and
3. Appropriate view corridors are incorporated in the design of the parcel proposed for
development and all design standards in Article 3 Division 5 are otherwise satisfied..:
and
4. There shall be a reasonable relationship between the number of units transferred and
any increases in building height. Compatibility with the surrounding area and
feasibility of the proiect shaH be considered when approving any increase in height.
Section 113. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.E Use of
transferred development rights is hereby amended as follows:
E.
.L Development rights transferred for the protection of environmental, open space,
archaeological, historical or architecturally significant sites located on the
mainland may be transferred to any parcel of land which is located on the
mainland.
2. Development rights transferred for the protection of environmental, open space,
archaeological, historical or architecturally significant sites located on the
barrier islands (any land west of the Memorial Causeway) may be transferred to
any parcel of land located on the barrier islands.
3. Development rights transferred within a Community Redevelopment District,
Central Business District, or other designated redevelopment area governed by
an approved redevelopment or special area plan, may be transferred only to
property located within the same designated redevelopment area.
Section 114. Article 6. Nonconformity Provisions. Section 6-102.B. Nonconforming structures,
is hereby amended as follows:
49
Ordinance No. 6928-02
.
.
B. Normal repair and maintenance, such as painting, cleaning. replacement, and
repairing of same nonconformity may be performed on nonconforming
structures.
Section 115. Article 6. Nonconformity Provisions. Section 6-104. Nonconforming
Sign/Redevelopment of Principle Use/Structure is hereby amended as follows:
B. If the copy is not current or is missing letters or words on a nen ~9Rf9rmiRg
nonconforming QhaRgeable eapy sign for a period of 30 days, the sign shall
become unlawful.
Section 116. Article 7. Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures. Section 7-102.C. is hereby amended by deleting the subsection. in its entirety and re-lettering
subsequent subsection as appropriate:
~ C9FFeSli9i'l 9/l'i9/ati9N pri9r 19 hewiRg. If, prier te the seReduled Rearing, tRe
vialatien is s9rFested, the heariRg en the vielatien shall be seRtinued fer a period
ef six menths aRd iR the event 1ReFe is Re reGurrense ef the violatieR, the netice
ef violatieR shall be deeRled witlulrlVlVfl. If the ...iolatien is Ret Gerre~ted prier to
scheduled hearing, er the vielatien re eGGurs prior te the elapse of six months,
the ':ielati9n sRall Be presented to the spewial master 9r tAe mYRiciflal ceGe
enferr;:eRlent beard.
Section 117. Article 8. Section 8-102. Definitions is hereby amended as follows:
. *. *
Accessory structure means a building or structure which: 1) is subordinate to and serves a
principal building ~; 2) contributes to the comfort or nesessary necessity and
convenience of the users or occupants of the principal building; aRd 3) is located on the
same lot as the principal building and is not attached to such buildingr;and (4) is
detached from principal structure.
... .
Lot, corner means a lot located at the intersection of two or more street rights-of-way.
L91, d9NBI6 .fr9"l6ge means a let BouRded en epposite er appreximately epposite sides by
streits.
. . . .
Lot, double frontage means a lot bounded on opposite or approximately OPpOsite sides by
streets.
50
Ordinance No. 6928-02
.
.
. . ..
Parcel of land means any legally described piece of land which is designated by the
owner or developer as land to be used or developed as a unit, or which has been
developed as a unit as determined by the Community Development Coordinator.
... .
Repeat violation means a violation of a provision of a code by a person who has been
previously found through a code enforcement board or any other quasi-judicial or judicial
process1 to have violatedJ or who has admitted violating, the same provision within five
years prior to the violation, notwithstanding the violations occur at different locations.
. . . .
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property.
public right-of-way, or body of water. For the purpose of this development code., the
term "sign" shall include all structural members. A sign shall be construed to form a
single unit. In cases where matter is displayed in a random or unconnected manner
without organized relationship of the components, each such component shall be
considered a single sign. Except for banner, flags, temporary and portable siRns, all signs
shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building
wall or other base material. All signs shall be constructed of materials designed to be
permanent. withstand weather conditions, and shall have permanent supports appropriate
for its size.
. . . .
Sign. abandoned eT eBselel6 Genl6rmil'lg means any sign and/or sign structure which no
longer advertises a bona fide business activity conducted or product available, is no
longer licensed, no longer has a certificate of occupancy, or is no longer doing business
or maintaining a presence on the premises where the sign is displayed and such
circumstances have continued for a period of 30 days.
* * . .
SigN. well Sign area or surface area means the area, in square feet, enclosed by a
rectangle, parallelogram, triangle, circle, semicircle, cross, other geometric figures, or
other architectural design, the side of which make contact with the extreme points or
edges of the sign, excluding the supporting structure which does not ffem form part of
the sign proper or of the display. Unless otherwise indicated, area means area per sign
face. Illuminated portions of a sign structure shall be considered part of the sign area.
Also, any portion of the surface area of a freestanding sign structure that exceeds 50
percent of the permitted area of the sign face shall be considered part of the sign area.
The area of a sign for attached signs is based on the smallest geometric shape(s) around
the graphics/text; area for sign cabinets used as attached signs shall be based on the entire
sign cabinet.
51
Ordinance No. 6928-02
.
.
... .
Sign, attached means any sign attached to, on or supported by any part of a building (e.g.
walls, maRsaM r:eeflwall, proiecting, awning, windows, or canopy), which encloses or
covers useable space.
. . ..
Sign. lIisinlenQlllce SiJQI maintenance means the replacing, repairing or repainting of a
portion of the sign structure, periodically changing changeable copy or renewing copy
which has been made unusable by ordinary wear, weather or accident. In the event 50
percent or more of the sign is needed to be replaced or repaired the sign shall be replaced
with a new, conforming sign and sign structure.
. ...
SiJQI, portable means a sign that is not permanently fixed to the Rround or a structure
utilizinR standard construction procedures, and/or materials that will not deteriorate, or a
sign that is transported over or parked along or next to a public right-of-way.
. . . .
Sign, vehicle means a sign attached to or placed on and/or inside of a vehicle, including
automobiles, trucks, boats, campers, and trailers, that is parked on or is otherwise
utilizing a public right-of-way or other public property or is on private property so as to
be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement of products or services or directing people to a business or
activity. This definition is not to be construed to include those signson a licensed transit
carrier, or signs that identify a firm or its principal products on a vehicle, unless such
vehicle is parked in a location prominently visible from a street right-of-way where there
are other, less prominently visible parking spaces available on the site or is parked in
such a manner that it is intended to provide advertisement of products or services or to
direct people to a business or activity..:." er SI:IGh ad\'ertisiRg devises as may be attached te
aRd withiR tile ReFHlal I:IRaltered lines ef the vehirale of a liseRsed tfaRsit Garrier This
definition shall not include any vehicle with siRns when and during that period of time
such vehicle is regularly and customarily used to traverse the public highways during the
normal course of business and providing the signs do not present a hazard to the public.
... .
Temporary retail sales and displays means any nonpermanent sales or displays which
eitHer exist aleng are of the same product and must be related with the permanent or
principal use of propertyl.: er aN a&sesiated ,....ith the permaRent er priReipall:ls8. As used
in this development code, the term "temporary retail sales and displays" shall include
carnivals and similar temporary amusement projects and shall exclude residential
development sales office, land sales offices, and garage and yard sales.
. . . .
52
Ordinance No. 6928-02
.
.
Violator means a person alleged to or who has been found to have violated a provision of
the City Code through a code enforcement board, or any other Quasi-iudicial or iudicial
process. whi~h the spesial Rlaster er sese enfOrGefRlRt bears has jwrisElistioR te eRferGe.
Section 118. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, directional
is hereby amended by deleting the directional sign graphic and replacing it with a new graphic as
illustrated in Exhibit B.
Section 119. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, freestanding
is hereby amended by deleting the freestanding sign graphic and replacing it with a new graphic as
illustrated in Exhibit C.
Section 120. Amendments to the Land Development Code of the City of Clearwater (as
originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as
set forth in this Ordinance.
Section 121. The City of Clearwater does hereby certify that the amendments contained herein,
as well as the provisions of this Ordinance, are consistent with and in conformance with the City's
Comprehensive Plan.
Section 122. Should any part or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part
thereof other than the part declared to be invalid.
Section 123. Notice of the proposed enactment of this Ordinance has been properly advertised in
a newspaper of general circulation in accordance with applicable law.
Section 124. The provisions of this Ordinance shall be effective on Monday, May 6, 2002.
PASSED ON FIRST READING
April 18, 2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 2, 2002
-------.
Approved as to form:
tkJ/fd#-~
Leslie K. Dougall-~ides
Assistant City Attorney
Attest:
53
Ordinance No. 6928-02
~...:- .'
.
.
I SIGHT TRIANGLE I
RIGHTS-OF- WAY and DRIVEW A '(S
20' from property line I
( .
Exhibit A - Sight Visibility Triangle
"I,.,..:~J' .' '.'
.
..
: < EtJf E.~
. 'C ~~-..;
[J:f>
,. f
"
Exhibit B - Directional Sign
.,_.... .. ..1'
.
.
.. -
;- y~LlF2-,
"
~ IL:::rW ' ,
-
, WE.JC:L."
t . . . "
, .
Exhibit C - Freestanding Sign
.
One freestanding sign per parcel proposed.
A parcel located on a comer may be permitted two
signs, one on each street frontage.
One square foot per two linear feet of street frontage; or one
square foot per 100 square feet of building fa~ade facing street
frontage; or 64 square feet; whichever is less. However, a
minimum of 10 square feet per parcel proposed shall be allowed.
· Sign. area or surface area means the area, in square feet,
enclosed by a rectangle, parallelogram, triangle, circle,
semicircle, cross, other geometric figures, or other architectural
design, the sides of which make contact with the extreme points
or edges of the sign, excluding the supporting structure which
does not from part of the sign proper or of the display.
Shall not exceed one and one-half time the width of the sign
structure or 14 feet whichever is less.
One square foot per 100 square feet of building facade facing the
street frontage; or 24 square feet; whichever is less. However, a
minimum of 10 square feet per business establishment with a
principal exterior entrance shall be allowed.
C:lDocumcnts aDd SCltiagsljschodll\DesklOpl2002 SIGN MA TRIXdoc
.
2002 SIGN MATRIX
02113/02
Shall not exceed one and one-half time the width
sign structure or 14 iect whichever is less. Sites ~
elevated roadway arl: pennitted a freestanding sig
maximum of 14 feet in height above the crown of
as measured from a point on the roadway that is
perpendicular to the sign location.
One square foot per tOO square feet of building fa~
facing the street frontage to which the sign is to be
attached; or 24 squm'~ feet; whichever is less. How
minimum of 20 square feet per business.establishrr.
a principal exterior eJltrance shall be allowed. The
Conununity Development Coordinator may permit
for second story or above businesses in the Downte
Tourist Districts if they meet all other criteria for at
si na e.
.
One square foot per 100 square feet of building facade facing the
street frontage; or 24 square feet; whichever is less. However, a
minimum of 10 squ~re feet per business establishment with a
principal exterior entrance shall be allowed.
* Sign. double{aced means a sign which has two back to back
display surfaces (not necessarily displaying the same copy) not
more than 24 inches apart, with every point on each face being
either in contact with the other face or in contact with the same
background.
Prohibited, except in the Downtown district
Abandoned signs. Abandoned signs and/or sign structures. which
are determined to be nonconforming with the provisions of this
division shall be required to be removed by the property owner
within 30 days after receipt of notification, or refusal to accept
delivery of notification by certified mail, that such removal is
required. Alternatively, the sign panels within the abandoned
sign structure may be removed and replaced with sign panels of
neutral color and containin no messa e.
Sign. abandoned or obsolete confonning means any sign which
no longer advertises a bona fide business activity conducted or
product available, is no longer licensed, no longer has a
certificate of occupancy, or is no longer doing business or
maintaining a presence on the premises where the sign is
displayed and such circumstances have continued for a period of
30 days.
C:\DocumenlS and Seltinp\jschoclll\Dcsklop\2002 SIGN MA TRIX.doc
.
:"CI.T.Y;,.; PROPOSlSl>;:SlGN:REGI:fLA'tl0NS
One attached sign per business establishment.
...:,. .,.-.'
.:.::,;/::~~A::~-,j
Projecting sign may be used as a type of attached sign in
the Downtown and Tourist districts, unless otherwise
pennitted by the Community Development Coordinator.
They shall be installed with a minimum eight-foot
clearance from the bottom of the sign to grade or the
sidewalk. Projecting signs shall comply with
encroachment into setback and rights-or-way Section 3-
908.
* Sign, attached means any sign attached to, on, or
supported by any part of a building (e.g. projecting.
awning, windows, or canopy), which encloses or covers
usable s ace.
The maximum number permitted is one per business
The maximum pcnnitted area is seven square feet
(maximum pennitted height is 3.5 feet and maximum
pennitted with is tWll feet).
Signs shall be designed to comply with the Downtown
Design Guidelines.
Abandoned signs. Abandoned signs and/or sign structures,
which are determined to be nonconfonning with the
provisions of this division shall be required to be removed
by the property owner within 30 days after receipt of
notification, or refusal to accept delivery of notification by
certified mail, that such removal is required
Sign. abandoned or sign and/or structures means any sign
which no longer advertises a bona fide business activity
conducted or product available, is no longer licensed, no
longer has a certificate of occupancy, or is no longer doing
business or maintaining a presence on the premises where
. the sign is displayeci and such circumstances have
continued for a period of 30 days.
.
.
. Second Reading
ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
COMPREHENSIVE AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL
PROVISIONS BY ADDING A PROVISION REGARDING ZONING
DISTRICT BOUNDARIES; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY REVISING THE MINIMUM STANDARD
DEVELOPMENT DIAGRAMS IN ALL RESIDENTIAL ZONING
DISTRICTS; AMENDING ARTICLE 2 ZONING DISTRICTS, BY ADDING,
DELETING, AND/OR REVISING USES, DIMENSIONAL, AND/OR
FLEXIBILITY CRITERIA IN THE LOW MEDIUM DENSITY
RESIDENTIAL DISTRICT, COMMERCIAL DISTRICT, TOURIST
DISTRICT, OFFICE DISTRICT, INSTITUTIONAL DISTRICT,
INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICT, AND THE
COACHMAN RIDGE NEIGHBORHOOD CONSER V A TION OVERLAY
DISTRICT; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY
MAKING REVISIONS TO THE DEVELOPMENT STANDARDS WITH
REGARD TO ACCESSORY USE/STRUCTURES, DOCK/MARINAS,
EROSION AND SILTATION CONTROL, FENCES AND WALLS,
GENERAL APPLICABILITY STANDARDS, LANDSCAPING/ TREE
PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING,
PROPERTY MAINTENANCE STANDARDS, SIGNS, AND TEMPORARY
USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO PROCESS APPLICATIONS
FOR DEVELOPMENT APPROVAL, APPEALS, SUBDIVISIONS/PLATS,
TREE REMOVAL PERMIT, LAND CLEARING AND GRUBBING, AND
TRANSFER OF DEVELOPMENT RIGHTS; AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN THE
NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE
7, ENFORCEMENT PROCEEDINGS AND PENAL TIES, BY MAKING
CHANGES IN THE MUNICIPAL CODE ENFORCEMENT
BOARD/SPECIAL MASTER HEARING PROCEDURES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY
ADDING AND REVISING DEFINITIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21,
1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all zoning districts in all parts of the City and
which utilize Minimum Standard, Flexible Standard, and Flexible levels of review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standards, procedures, and zoning districts which need
amendment to more fully implement the redevelopment intent of the Code; and
Ordinance No. 6928-02
.
.
WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local
Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public
testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive
Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the Community
Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 1. General Provisions. Section 1-109. Zoning Atlas is hereby amended by
adding subsection 1-109. Zoning Atlas as follows:
Section 1-109. Zoning atlas.
A. The Zoning Atlas of the City of Clearwater consists of a map of the city,
published in the form of an atlas or book containing a title and summary
page and additional separate sheets, each covering a portion of the city,
depicting all real property within the city and designating the variou_s
zoning districts and the boundaries thereof. The zoning atlas shall be in
sufficient detail so that property owners may locate their properties with
respect to the zoning district boundary lines. The zoning atlas shall be
available for inspection and examination by members of the public at all
reasonable times as any other public record. The zoning atlas is not
included herein, but such atlas is on file and available for inspection in
the Planning Department.
B. Interpretation of district boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the zoning atlas, the
following rules shall apply:
1. Delineation of boundaries. Zoning district boundaries are shown
as heavy lines upon the zoning atlas and are superimposed upon
lighter lines designating section lines, fractional section lines,
platted lot lines, streets, city limits and other physically
identifiable ground features or extensions of same, unless other
specific distances in feet or other angles, bearings, radii and
other references to a boundary location are specified.
2. Boundaries in streets. Zoning district boundary lines when
located in streets or other public right-of-ways shall be
interpreted as located on the centerline of such rights-of-ways.
3. Interruption of boundary lines. Boundary lines which are
interrupted to show street names or other identification numbers
or letters upon the official zoning atlas shall be interpreted as
extending through such identifications unless otherwise
specified.
2
Ordinance No. 6928-02
.
.
4.
Shore, seawall or bulkhead lines. Zoning district boundary lines
shall be construed to follow such shore, seawall or bulkhead
lines, and in the event of change in the shore, seawall or
bulkhead lines, shall be construed as following the changed
shore, seawall or bulkhead line; boundaries indicated as
approximately following the center lines of streams, rivers,
canals, lakes or other bodies of water shall be construed to
follow such center lines.
5.
Boundary line unclear. When the exact location of a zoning
district boundary line is not clear, its location shall be
determined by the Community Development Coordinator using
the following criteria in order of importance: the appropriate
ordinance as passed by the City Commission; the Future Land
Use Plan (FLUP) boundary line; and historical development
patterns.
C. Zoninf;! of annexed properties. Property annexed to the City shall be
rezoned through the city ordinances, the zoning classification which
most closely relates to the Pinellas County zoning classification, as
determined by the Community Development Coordinator, in effect at the
time of such annexation and the City zoning atlas referred to in Section
1-109.A shall be amended or posted accordingly.
Section 2. Article 2. Zoning Districts, Section 2, District Use Chart IS hereby amended as
follows:
Chart 2-100 Permitted Uses
Use Categories LDR LMDR MDR MHDR HDR MHP C T D 0 I IRT OSR P CRNCOD
tResidential
tDetached dwellings X X X X X X X
If\ttached dwellings X X X X X X
If\ccessory dwellings X X X X X X
~ommunity residential X X X X X X X
-
homes
!Mobile home X
1M0bile home park X
Residential infill project X X X X X
1N0nresidential
!Adult uses X X
!Airport X
!Alcoholic beverage sales X X X
!Animal grooming and X X X
Iboarding
!Assisted living facilities X X X X
!Auto service stations X X
3
Ordinance No. 6928-02
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Cemeteries X
Comprehensive infill X X X X X X X
edevelopment project
CIRP)
Congregate care X X X X
Convention center X
Educational facilities X X X X
Governmental uses X X X X X
Halfway houses X
Hospitals X
ndoor X X X
ecreati on/ entertainm ent
Light assembly X
Limited vehicle sales/display X X
Limited vehicle service X
Manufacturing X
Marinas X X X X X
Marinas facilities X X X X X
Medical clinic X X X X
Mixed use X X
Nightclubs, taverns and bars X X X X
Non-residential parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor X X X X X X
ecreation/ entertainm ent
Outdoor retail sales, display X X
and/or storage I
Overnight accommodations X X X X X X X X X
!Parking garages and lots X X X X X X
Parks and recreation X X X X X X X X X X X X
.facilities
Places of worship X X X X
Problematic use X
Public facility X X
Public transportation X X X X X X X X
acilities
Research and technology use X
Residential shelters X X X
Restaurants X X X X X X
~etail sales and services X X X X X X X X
IR V parks X
Salvage yard X
Schools X X X X X X X
4
Ordinance No. 6928-02
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Self-storage warehouse X X
Sidewalk vendors X X
Social and community X X X X
- - -
centers
Social/public service X X X X X X
- - -
~gencies
Telecommunications towers X X X X X
TV/radio studios X X
lJ ti I i ty / infrastructure X X X X X X X X X X X X X X
~acilities -
Vehicle sales/displays X X
Vehicle sales/displays, major X
Kr ehicle service X
lVehicle service, major X
Veterinary offices X X X
Wholesale/distribution/ware X
house facility
Section 3. Article 2. Section 2-102 Low Density Residential District ("LDR") Minimum standard
development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the
diagram and revising "accessory uses" to "accessory structures" and deleting reference to "Det
swimming pool" and replacing it with "accessory structures."
Section 4. Article 2. General Provisions, Table 2-202 "LMDR" District Minimum Standard
Development, is hereby amended as follows:
Table 2-202. "LMDR" District Minimum Standard Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft.) (ft.) Parking
(ft.)
Front Side Rear ( 1 )
Acc@ssol)' .w
pools and
SGFeea
@Fl0Iosur@s
Community 5,000 50 25 5 15 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 15 30 2/un it
Dwellings
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Ordinance No. 6928-02
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Section 5. Article 2. Section 2-202 Low Medium Density Residential District ("LMDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 6. Article 2. Section 2-302 Medium Density Residential District CMDR.') Minilllulll
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet'.
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 7. Article 2. Section 2-402 Medium High Density Residential District ("MHDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 8. Article 2. Section 2-502 High Density Residential District ("HDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 9. Article 2. Section 2-602 Mobile Home Park ("MHP") Minimum standard development
diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the diagram and
revising "accessory uses" to "accessory structures" and deleting reference to "swimming pool" and
replacing it with "accessory structures."
Section 10. Article 2. Division 7. Commercial District, Section 2-702, Table 2-702 "e" District
Minimum Development Standards, is hereby amended as follows:
Table 2-702. "C" District Minimum Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Pront Side Rear Off-Street
Area Width (ft.) (ft.) (ft.) (ft.) Parking Spaces
(sq. ft.) (ft.)
Governmental Uses 10,000 100 25 25 10 20 4/1.000 SF GFA
(1)
Indoor Recreation! 10,000 100 25 25 10 20 5/J 000 SF
Entertainment GPA or
5/lane, 2/court
or IImachine
6
Ordinance No. 6928-02
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Marinas ~ W 2-,) ~ -l-O ;W 1 spac@ p@r 2
~
Offices 10,000 100 25 25 10 20 4/1 ,000 SF GF A
Overnight 40,000 200 25 25 10 20 lIunit
Accommodations
Parks and n/a n/a 25 25 10 20 I per 20,000 SF
recreational land area or as
facilities determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Places of Worship 40,000 200 25 25 10 20 1 per 2 seats
Restaurants 10,000 100 25 25 10 20 15/1,000 SF
GFA
Retail Sales and 10,000 100 25 25 10 ~ 5/1,000 SF GF A
Services 20
Social and 10,000 100 25 25 10 20 5/1 ,000 SF GF A
- -
Community Centers
Vehicle 40,000 200 25 25 10 20 2.5/ I ,000 SF
SaleslDisplay LOT SALES
AREA
Section 11. Article 2. Division 7. Commercial District, Section 2-703, Table 2-703 "c" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-703. "C" District Flexible Standard Development Standard~
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off~Street
Area Width (ft.) (ft. )* (ft.) (ft.) Parking
(sq. ft.) (ft.)
Accessory nla n/a n/a n/a nla n/a 1 space per
Dwellings unit
!Adult Uses 5,000 50 ~5 ?5 10 :>0 5 per 1,000
GFA
!Alcoholic 10,000 100 ~5 25 10 ")0 5 per 1,000
lBeverage Sales GFA
7
Ordinance No. 6928-02
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Automobile 10,000 100 75 ~5 10 20 5/1,000 SF
Service Stations GFA
Educational ~O,OOO 700 75 25 10 20 I per 2
Facilities students
~overnmental 10,000 100 25--50 25 10 20 4 spaces per
Uses (I) 1,000 GFA
Indoor Recreation! 10,000 100 25 25 10 20 3-5/1000 SF
Entertainment GFA
Dr 3- 5/lane,
1-2/court or
lImachine
I . . . . (1(1(1 "lA AAA ~ ~ ~ -l-Q ;W 11 ~~nn~ ~~~ "l
, , ~ r
Medical clinics 10,000 100 ~5 25 10 70 ~-3/, 1 000
GFA
Nightclubs 10,000 100 ~5 75 10 20 10 per 1,000
OFA
Offices 10,000 100 ~5--50 25 0--1 0 10--20 3--4 spaces
per 1,000 GF A
Off Street Parking 10,000 100 n/a 25 10 20 n/a
Outdoor Retail 70,000 100 25 25 10 20 10 per 1.000
Sales, Display of land area
and/or Storage
Overnight 20,000-40,000 150- 25--50 75 0--1 0 10--20 1 per unit
Accommodations 200
Places of Worship 70,000-40,000 100- 25--50 75 10 ~O .5-1 per 2
2) 200 seats
Public n/a n/a 10 n/a nla n/a n/a
Transportation
Facilities (3)
Restaurants 5,000--10,000 50--100 25--35 25 0-- 1 0 10--20 7-- 15 spaces
per 1,000 GFA
Retail Sales and 3,500--10,000 35-100 25-35 25 0--10 10--20 ~--5 spaces
Services per 1,000 GFA
Social and 3,500--10000 35-100 25-35 ~ 0-- 1 0 10--20 4--5 soaces
-'----'--'-
Community Center oer I 000 GFA
8
Ordinance No. 6928-02
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Utility n/a nla 20 25 10 20 nla
nfrastructure
acilities (4)
ehicle 0,000--40,000 150- - 5 10 .5 spaces per
Sales/Displays 00 1,000 of lot
sales area
eterinary Offices 10,000 100 5 10 20 spaces per
r Animal 1,000 GFA
rooming and
oarding
Section 12. Article 2. Division 7. Commercial District. Section 2-703 is hereby amended by
deleting flexible criteria for Marina Facilities re-Iettering the subsequent subsections as appropriate:
* * * *
H. Marina facilities.
1. Th@ parc@1 proposed for a@v@lopm@nt is not locat@d iR areas identified in
the Compr@htmsi'/@ Plan as areas of @nvironm@ntal significance
including:
a. Th@ north @nd of CI@arwat@r B@ach;
b. CI@arwat@r Harbor grass beds;
c. Coop@r's Point;
d. CI@arwat@r Harbor spoil islands;
@. ~and K@y Park;
f. Th@ southern @dg@ of .^.lligator Lak@.
2. No comm@rcial acti'/iti@s other than the mooring of boats on a r@ntal
basis shall b@ permitted on any parc@1 of land ".'hich is contiguous to a
parc@1 of land 'Nhich is designated as r@sid@ntial in the Zoning Atlas,
unl@ss the marina facility is totally scr@@n@d from view from the
contiguous land which is designated as n~sid@ntial ana the hOlus of
operation of the comm@rcial activiti@s are limit@d to the time period
b@PN@@n sunrise and sunset.
3. Let area: Th@ parc@1 proposed for d@'/@Iopm@nt was an existing lot of
less than 20,000 square feet and was Rot in common ownership with any
contiguous property on May 1, 1998 or the r@duction in lot width will not
9
Ordinance No. 6928-02
.
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result in a facility 'Nhich is out of scale with existing buildings in the
immediate vicinity of the parcel proposed for development.
* * * *
Section 13. Article 2. Division 7. Commercial District ("C"). Section 2-703. is hereby amended
by adding Social and Community Center and renumbering the subsequent subsections as appropriate:
Q. Social and Community Centers.
1. The parcel proposed for development does not abut any property
designated as residential in the Zoning Atlas.
2. Front Setback: The reduction in front setback results in an improved site
plan or improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is
necessary to preserve protected trees and/or results in an improved site
plan or more efficient design and appearance and results in landscaping
in excess of the minimum required.
4. Lot size and width: The parcel proposed for development was an existing
lot of less than 10,000 square feet and was not in common ownership
with any contiguous property on May I, 1998.
5. Hei~ht:
a. The increased height results in an improved site plan,
landscaping areas in excess of the minimum required or
improved design and appearance;
b. The increased height will not reduce the vertical component of
the view from any contiguous residential property.
6. Off-street fJarkin~; The physical characteristics are such that the likely
uses of the property will require fewer parking spaces per floor area than
otherwise required or that the use of significant portions of the building
will be used for storage or other non-parking demand-generated
purposes.
Section 14. Article 2. Division 7. Commercial District, Section 2-703.S.Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsections as appropriate:
1. No above ground structures are located adjacent to a street right of way:
10
Ordinance No. 6928-02
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* * * *
Section 15. Article 2. Division 7. Commercial District. Section 2-704, Table 2-704 "C" District
Flexible Development Standards is hereby amended as follows:
Table 2-704. "C" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Front Side Rear Off-Street
(sq. ft.) Width Height (ft.) (ft.) (ft.) Parking
(ft.) (ft.)
Alcoholic beverage 5,000--10,00 50--100 25 15- - 25 0-10 10 --20 5 per 1,000 GFA
sales 0
Comprehensive n/a n/a n/a N/a nla n/a Determined by the
Infill Community
Redevelopment Development
Project (1) Coordinator based
on the specific use
and/or ITE
Manual standards
Light assembly 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
10,000 I,OOOGFA
Limited vehicle 5,000- 50--100 25 15--25 0-10 10--20 4--5 spaces per
service 10,000 1,000 GFA
Marina Facilities 5,000--20,00 50 25 25 10 20 1 space per 2 slips
- - -
0
Mixed use 5,000- 50--100 25- 50 15- -25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Nightclubs 5,000--10,00 50--100 25 15- -25 0-10 10- -20 10 per 1,000 GFA
0
Offices 5,000--10,00 50--100 25--50 15 - -25 0-10 10--20 3--4 spaces per
0 1,000 GFA
11
Ordinance No. 6928-02
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Off-street parking 10,000 100 n/a 15- - 0-10 10-20 n/a
25
Outdoor 20,000 100 25 15 --25 10 10--20 1--10 per 1,000
Recreation/ SQ FT of land
Entertainment area or as
determ ined by the
Community
Development
Coordinator based
on ITE Manual
standards
Overnight 20,000- 100--20 25--50 15 - -25 0-10 10--20 1 per unit
Accommodations 40,000 0
Problematic Uses 5,000 50 25 15 - -25 10 10- -20 5 spaces per 1,000
SF GF A
Restaurants 3500- 35--100 25--50 15 - -25 0-10 10--20 7 -- 15 spaces per
10,000 1,000 GFA
Retail sales and 5,000- 50--100 25--50 15 - -25 0-10 10--20 4--5 spaces per
services 10,000 1,000 GFA
RV Parks 40,000 200 25 15 - -25 20 10- -20 1 space per R V
space
Self Storage 20,000 100 25 15 - -25 10 10--- 1--10 per 1,000
20 SQ FT
of land area
Social/pub lic 5,000- 50--100 25 -- 15--25 0-10 10--20 3-4 spaces per
service agencies(2) 10,000 50 1,000 GFA
Telecommunicatio 10,000 100 Refer 25 10 20 n/a
n Towers to
Sectio
n 3-
2001
Vehicle 10,000- 100-200 25 15 - -25 10 10- -20 2.5 spaces per
sales/displays 40,000 1,000 SQ FT
of lot area
Veterinary offices 5,000--10,00 50--100 25 15 --25 0-10 10- -20 4 spaces per 1,000
or grooming and 0 GFA
boarding
12
Ordinance No. 6928-02
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Section 16. Article 2.Division 7. Commercial District. Section 2-704. Flexibility criteria IS
hereby amended as follows and re-Iettering the subsequent subsections as appropriate:
B. Marina facilities.
1. The parcel proposed for development is not located in areas identified in the
Comprehensive Plan as areas of environmental significance including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas, unless the marina facility is totally screened
from view from the contiguous land which is designated as residential and the hours of
operation of the commercial activities are limited to the time period between sunrise and
sunset.
3. Lot area: The parcel proposed for development was an existing lot of less than
20,000 square feet and was not in common ownership with any contiguous property on
May 1,1998 or the reduction in lot width will not result in a facility which is out of scale
with existing buildings in the immediate vicinity of the parcel proposed for development.
4. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-60 J.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
13
Ordinance No. 6928-02
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* * * *
Section 17. Article 2. Division 8. Tourist District, Section 2-802, Table 2-802 'T' District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-802. "T" District Flexible Standard Development Standards
Use Min. Min. Max. Min. Density Min.
Lot Lot Height Setbacks Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side Rear
Accessory Dwellings n/a nla n/a n/a n/a n/a 30 I/unit
un its/
acre
Alcoholic Beverage 5,000 50 35 1 0--15 10 20 n/a 5 per 1,000
Sales GFA
Attached Dwellings 10,000 100 35-50 I 0--15 10 10- 30 1.5 per unit
20 units/
acre
Governmental 10,000 100 35-50 10-- IS 0--10 lO- n/a 3--4/ 1,000
Uses (1) 20 GFA
Indoor Recreation/ 5,000 50 35- 0-15 0--1 0 20 n/a 10 per 1,000
Entertainment 100 GFA
Marinas ~ ~ ~ +.$ -W ;u) RIa 1 spac@ p@r 2
~
Medical Clinic 10,000 100 30-50 10- -15 10 20 20 2--3/1,000
GFA
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000
GFA
Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a
Street Parking
Offices 10,000 100 35-50 I 0--15 0--1 0 IO- n/a 3--4 spaces
20 per 1,000
GFA
14
Ordinance No. 6928-02
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Outdoor Recreation 5,000 50 35 10-15 10 20 nla 2.5 spaces per
!Entertainment 1,000 sq. ft. of
lot area or as
determined by
the
Community
Development
Director
based on ITE
manual
standards
Overnight 20,000 100--150 35-50 10-15 0--10 10- 40 I per unit
Accommodations 20 roomsl
acre
Parking Garages and 20,000 100 50 15-25 10 lO- n/a n/a
Lots 20
Parks and Recreation nla nla 50 25 10 20 nla 1 per 20,000
facilities SF land area
or as
determined by
the
Community
Development
Coordinator
based on IrE
Manual
standards
Public Transportation nla nla 10 nla nla nla n/a nla
Facilities (2)
Sidewalk Vendors nla nla nla nla nla nla nla nla
Restaurants 5,000-- 50- -100 25--35 1 0-- 15 0--10 10--20 nla 7-15 spaces
10,000 per 1,000
GFA
Retail Sales and 5,000-- 50--100 35--50 10--15 0-- 1 0 10--20 nla 4-5 spaces
Services 10,000 per 1,000
GFA
Social and 5,000-- 50--100 35--50 1 0-- IS 0-- 1 0 10--20 nla 4-5 spaces
-
Community Center 10,000 per 1,000
GFA
Utility /Infrastructure nla nla n/a 25 10 10 nla n/a
Facilities (3)
15
Ordinance No. 6928-02
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Section 18. Article 2. Division 8. Tourist District. Section 2-802. E. Marinas is hereby amended
as follows and re-lettering the subsequent subsections as appropriate.
E. Marinas.
1. Th0 parc01 propos0d for de'ielopmeFlt is not located in areas identified in
th@ Compnlh@nsive Plan as areas of @l1vironmental significance
includiFlg:
a. Th@ north @nd of Clearn'at@r B@ach;
b. CI@arn'ater Harbor grass b@ds;
c. Coop@r's Point;
d. Cl@arwat@r Harbor spoil islands;
@. SaRd K@y Park;
f. Th@ sOl:lth@rR @dg@ of Alligator Lak@.
2. No comJR@rcial activiti@s otA@r than th@ mooring of boats OR a r@ntal
basis shall b0 p@rmitt@d on aflY parc@l of land 'NAicR is contiguous to a
parc@l of land which is d@signat@d as r@sid@ntial in the Zoning Atlas.
unless th@ marina facility is totally scr@@n@d from view from the
contiguol:ls land wRich is designat@d as r@sid@ntial and the hours of
operatiofl of tll@ comm@rcial activiti@s ar@ limit@d to th@ tim@ p@riod
b@tw@@n 6:00 a.m. 9:00 p.m.;
3. The design of all buildings compli@s y.'ith the Tourist District design
guid@lin@s iR Divisiofl 5 of Articl@ 3.
Section 19. Article 2. Division 8. Tourist District, Section 2-802.R.1. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
&"S. Utility / infrastructure facilities.
1. No abo'!@ ground structl:lr@s an;! locat@d adjac@nt to a str@@t right of way;
* * * *
Section 20. Article 2. Division 8. Tourist District. Section 2-802.R. Social and Community
Centers is hereby amended by adding the following subsection and re-lettering the subsequent
subsections as appropriate:
16
Ordinance No. 6928-02
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* * * *
R. Social and Community Center.
1, The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessarY to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
* * * *
Section 21. Article 2. Division 8. Tourist District. Section 2-803.E. Marina facilities is hereby
amended by adding subsection 2-803.E.5. as follows:
* * * *
5. All Marina facilities shall comply with the commercial dock requirements set forth in
Section 3-60 I.C.3 and the Marina and Marina facilities requirements set forth section
3-603.
* * * *
Section 22. Article 2. Division 9. Downtown District, Section 2-902, Table 2-902 "D" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Min.
Height Off-Street
(ft.) Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30 - 50 3 - 5 per 1,000 GFA
Facility
Nightclubs 30-50 3--10 per 1,000 GFA
17
Ordinance No. 6928-02
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Offices 30-50 1--3 per 1,000 GF A
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
Parks and recreation facilities 50 1 per 20,000 SF land area or as
determined by the Community
Development Coordinator based
on ITE Manual standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GFA
Social and Community Centers 30-50 2--4 per 1,000 GF A
Sidewalk Vendors nla nla
UtilitylInfrastructure Facilities n/a n/a
Section 23. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard development is
hereby amended by adding the following subsection and re-Iettering the subsequent subsections as
appropriate:
E. Indoor Recreation/Entertainment Facility.
.L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 24. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard
development is hereby amended by adding the following subsection and re-lettering the subsequent
subsections as appropriate:
P. Social and Community Centers.
18
Ordinance No. 6928-02
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1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results In an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessarY to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 25. Article 2. Division 9. Downtown District, Section 2-902.0. Utility/infrastructure
facilities is hereby amended by deleting section in its entirety and re-Iettering the subsequent subsections
as appropriate:
~ No above ground structur@s are locat@d adjac@nt to a stn~@t right of way;
Section 26. Article 2. Division 9. Downtown District. Section 2-903.H. Marina and marina
facilities is hereby amended as follows:
4. All Marina facilities shall comply with the commercial dock
requirements set forth in Section 3-60 1.e.3 and the Marina and Marina
facilities requirements set forth section 3-603.
Section 27. Article 2. Division 10. Office District, Section 2-1003 .M. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
~ No above ground stnlCtur@!) are locat@d adjac@nt to a street right of way;
Section 28. Article 2. Division 12. Institutional District. Section 2-1202, Table 2-1202. "1"
District Minimum Development Standards is hereby amended as follows:
Table 2-1202. "I" District Minimum Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Off-Street
Area Width (ft.) Heigh Parking
(sq. ft.) (ft.) t
(ft.)
Front Side Rear
Assisted 20,000 100 25 10 20 50 1 per 1000, SF
Living GFA
Facilities
Cemeteries 20,000 100 25 10 20 50 n/a
19
Ordinance No. 6928-02
.
.
Congregate 20,000 100 25 10 20 50 1 per 1000. SF
Care GFA
Educational 40,000 200 25 10 20 50 I per 2
Facilities students
Governmental 20,000 100 25 10 20 50 4 per 1,000 SF
Uses GFA
Hospitals 5 acres 250 25 25 25 50 2/bed
Marinas ~ ~ ~ B 2-Q 2-Q 1 space per 2
~
Nursing 20,000 100 25 10 20 50 I per 1000, SF
Homes GFA
Places of 20,000 100 25 10 20 50 1 per 2 seats
Worship
Parks and nla n/a 25 10 20 50 1 per 20,000
Recreation SF land area or
Facilities as determ ined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Schools 40,000 200 25 10 20 50 1 per 3
students
Section 29. Article 2. Division 12. Institutional District. Section 2-1203, Table 2-1203. "I"
District Flexible Standard Development Standards is hereby amended as follows:
Table 2-1203. "I" District Flexible Standard Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Heig Off-Street
Area Width (ft.) ht Parking
(sq. ft.) (ft.) (ft.)
Front Side Rear
20
Ordinance No. 6928-02
.
.
Accessory n/a n/a n/a n/a n/a n/a I/unit
Dwellings
Airport n/a n/a n/a n/a n/a n/a n/a
Educational 40,000 200 15- -25 10 15- -20 50 .5--1 per 2 students
Facilities
Halfway Houses 10,000 100 15- -25 10 15- -20 30 I per 2 residents
Hospitals 1--5 100- 15- -25 10- -25 15- -25 50 1-- 2/bed
acres 250
Marina Facilities ~ ~ 15 25 ~ ~ W 1 per 2 slips
Medical Clinic 20,000 100 15- -25 10 15- -20 30 5/1 000 SF
Outdoor 40,000 200 15--25 10 15--20 50 1--10/1,000
recreation! SF Land Area or as
Entertainment determined by the
Community
Development
Coordinator based on
ITE Manual standards
Parking Garages 20,000 100 15--25 10 15- -20 50 n/a
And Lots
Places of 20,000 100 15--25 10 15- -20 50 .5--1 per 2 seats
Worship
Public n/a n/a n/a n/a n!a 10 n/a
Transportation
Facilities
Residential 10,000 100 15- -25 10 15- -20 30 1 per 2 residents
Shelters
Retail Sales and 10,000 100 15--25 10 15--20 50 5 per 1,000 SF GFA
Service
Utility/ n/a n!a 15- -25 10 15--20 n/a n/a
Infrastructure
Facilities (1)
Assisted Living 15,000- 100 25 5 10 30- 1 per 2 residents
-
Facilities 20,000 50
Nursing Homes 15,000 100- 25 5 15 30- 1/1,000 sq. ft.
- - -
150 40
Social and 20,000 100 15-25 10 15-20 30- 4-5 per 1 ,000 GF A
- -
Community 40
-
Center
Congregate Care 20,000 100 25 5 10 30- 1 per 2 residents
- - -
50
Section 30. Article 2. Division 12. Institutional District. Section 2-1203.B. is hereby amended as
follows:
21
Ordinance No. 6928-02
.
.
B. Airport. Th@ size and dimensional requirements ofth@ parcel proposed for d@velopm@nt shall
b@ based on an a'/iation study. All development activity identified in the 1999 Airport Master Plan studv
as short-term development projects shall be processed as Flexible Standard Development projects, and all
mid-term development projects shall be processed as Flexible Development projects. All development
projects at the City's Airpark must be consistent with the 1999 Master Plan.
Section 31. Article 2. Division 12. Institutional District. Section 2-1203. Marina and marina
facilities is hereby amended by deleting Marinas and marina facilities and re-Iettering as appropriate:
* * * *
F. MQriN6lS Qnd /nQriNQ}acilities.
+.. Th@ parc@1 proposed for dev@lopm@nt is not locat@d in areas identified in
the Comprehensive Plan as areas of @Iwironmental significance
incIHding:
a. The north end of CI@arviat@r B@ach;
b. CI@arv.'at@r Harbor grass beds;
c. Coop@r's Point;
d. CI@arwater Harbor spoil islands;
@. SaFld K@y Park;
f. Th@ southern edge of l\lligator Lak@.
2. No comm@rcial activiti@s other than the mooring of boats on a r@ntal basis shall
b@ permitted on any parcel of land which is contiguoHs to a parc@1 of land which
is designated as r@sid@ntial in the Zoning Atlas, Hnl@ss the marina facility is
totally scr@@n@d from view from the contiguous land 'Nhich is designated as
r@sid@ntial and the hours of operation of the comm@rcial activiti@s are limit@d to
the time period between sunrise and sunset;
3. Setbacks:
a. Th@ r@duction iFl front s@tback contribut@s to a more activ@ and dynamic
street lif@;
b. Th@ r@ductioFl in fro fit s@tback results In an improved site plan or
improved design and appearance;
c. Side and rear setback: The redHction in side and/or rear setback does
flOt prevent access to t rear of any building by @m@rg@ncy vehicles: The
r@ductioFl in side and/or rear s@tback r@sults in afl improved site plan,
more efficient parking or improved design and appearance.
1. Th@ HS@ of th8 parc@1 proposed f-or dev@lopm@Flt 'Nill Flot invol'/@ dir@ct access to an
arterial street.
22
Ordinance No. 6928-02
.
e
* * * *
Section 32. Article 2. Division 12. Institutional District. Section 2-1203, is hereby amended by
adding flexibility criteria for the following uses as follows:
N. Assisted living facilities.
1. The buildings in which the facilities are to be located do not have a flat roof;
2. Off-street parking is screened from adjacent parcels of land and any adjacent'
street by a landscaped wall or fence of at least four feet in height;
3. All outdoor lighting is designed and located so that no light fixtures cast light
directly on to adiacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure;
5. The parcel proposed for development is not located in a designated
Neighborhood Conservation District, or if the parcel is within the boundaries of a
designated Neighborhood Conservation District, the lot area, lot width and
setbacks are not less than 90 percent of the average lot area, lot width and
setbacks of all improved parcels of land which are located within the
Neighborhood Conservation Immediate Vicinity Area and the height does not
exceed 120 percent of the average height of buildings and structures located
within the Neighborhood Conservation Immediate Vicinity Area.
O. Nursing homes
1. Off-street parking is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in height;
2. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
P. Social and Community Centers
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas;
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance;
3. Side and rear setback; The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
23
Ordinance No. 6928-02
.
.
design and appearance and results In landscaping In excess of the mll1llTIum
required.
Q. Congregate care.
1. The buildings in which the use is to be located do not have a flat roof;
2. Off-street parking is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in height:
3. All outdoor lighting is designed and located so that light fixtures do not cast light
directly on to adjacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
Section 33. Article 2. Division 12. Institutional District, Section 2-1203.N. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
* * * *
-k No above ground structures are located adjacent to a street right of 'Nay;
Section 34. Article 2 Division 12. Institutional District. Section 1204. Table 2-1204 "1" District
Flexible Development is hereby amended as follows:
Table 2-1204. "I" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side Rear
Comprehensive n/a n/a n/a n/a n/a n/a Determined by
Infill the
Redevelopment Community
Project (I) Development
Director based
on the specific
use and/or ITE
Manual
standards
24
Ordinance No. 6928-02
.
e
Marina and Marina 5,000 50 15- -25 10--15 0--20 30 1 per 2 slips
- - -
Facilities
Social and 20,000 100 15- -25 10 15- -20 30 4- -5 per 1000
community centers GFA
Social/public 10,000 - 100 15- -25 10 15- -20 30 :2 - - 3 per
service agencies 20,000 1,000 GFA
Telecommunication 10,000 100 25 10 20 Refer to nla
Towers Section
3-2001
Section 35. Article 2. Division 12. Institution District. Section 2-1204. Flexibility criteria is
hereby amended as follows and re-lettering as appropriate:
* * * *
E. Marinas and marina facilities.
1. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which
is designated as residential in the Zoning Atlas, unless the marina facility is
totally screened from view from the contiguous land which is designated as
residential and the hours of operation of the commercial activities are limited to
the time period between sunrise and sunset;
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life;
25
Ordinance No. 6928-02
1-'- -
.
.
b. The reduction in front setback results 10 an improved site plan or
improved design and appearance;
c. Side and rear setback: The reduction in side and/or rear setback does
not prevent access to t rear of any building by emergency vehicles; The
reduction in side and/or rear setback results in an improved site plan,
more efficient parking or improved design and appearance.
4. The use of the parcel proposed for development will not involve direct access to
an arterial street.
5. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-60 1.e.3 and the Marina and Marina facilities requirements set
forth section 3-603.
* * * *
Section 36. Article 2. Division 13. Industrial, Research, and Technology District. Section 2-
1303, is hereby amended as follows:
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front * Side/
Rear
Automobile 20,000 100 20 15 30 411000 SF GFA
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GF A
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1 ,000 SF GF A
Outdoor 40,000 200 20 15 30 1--10/1,000
Recreation SF Land Area or
/Entertainment as determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
26
Ordinance No. 6928-02
.
.
Outdoor Storage accessory n/a 20 15 30 Accessory
Parking lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1-2 per 1.000
GFA
Public n/a n/a n/a n/a 10 n/a
Transportation
Facilities (1)
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Technology
Residential 5,000 50 20 15 30 3/1,000 SF GFA
Shelters (2)
Retail Sales and n/a n/a N/a n/a n/a n/a
Services
Restaurants n/a n/a N/a n/a n/a n/a
Self Storage 10,000 100 20 15 50 2/1 000 SF
TV/Radio 10,000 100 20 15 50 4/1 000 SF GF A
Studios
Utility/ n/a n/a 20 15 n/a n/a
Infrastructure
Facilities (3)
Vehicle 40,000 200 20 15 30 1.5/1 ,000
SaleslDisplays SF Lot Area Lot
and Major Sales Area
Vehicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1 ,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1,000 SF GF A
Offices- or
Animal
Grooming
Wholesale/ 10,000 100 20 15 50 1.5/1 ,000 SF
Distribution! GFA
Warehouse
facility
Section 37. Article 2. Division 13. Industrial, Research and Technology District, Section 2-
1303.P. Utility/infrastructure facilities is hereby amended by deleting subsection as follows and re-
lettering the subsequent subsection as appropriate.
-l--: }Jo aboy@ grOl:md structur@s are locat@d adjac@nt to a str@@t right of way;
27
Ordinance No. 6928-02
.
.
Section 38. Article 2. Division 16. Coachman Ridge Neighborhood Conservation Overlay
District. Section 2-1601, Table 2-1601(D) "CRNCOD" Minimum Development is hereby amended as
follows:
Table 2-J60J(D). "CRNCOD" Minimum Development
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-
Area Width (ft.) Height Street
(sq. ft.) (/I.) Parking
Front Side Rear Corner
Side
Yard (J)
Property
with
underlying
zoning of
LDR:
Community W;-OOQ -l-OO ~ ~ ~ ~ J.Q ~
R@sidtmtial attach@d
Hom@s (6 or garag@ per
fewef: dwelling
r@sid@Rts)
Detached 30,000 100 25 15 25 25 30 2 car
Dwellings attached
ill garage per
dwelling
Property
with
underlying
zoning of
LMDR:
Community -9,OOQ &Q ~ '+ -l-O ;W J.Q ~
R@sid@ntial attached
Hom@s (t5 or garage per
fewef: dwelling
r@sid@nts)
2 car
Detached 9,000 80 25 7 10 20 30 attached
Dwellings garage per
ill dwelling
(1) A comer side yard is the side yard ofa comer lot that abuts a public right-of-way.
(2) Community Residential Homes (6 or fewer residents) shall be considered a detached
dwelling.
28
Ordinance No. 6928-02
.
.
Section 39. Article 3. Division 2. Development Standards. Section 3-20 I.B.4. is hereby amended
as follows:
4. The accessory use and structure is located on the same property as the principal
use and located behind the front edge of the principal structure.
Section 40. Article 3. Division 2. Development Standards. Section 3-20 I.B.1 O. is hereby added
as follows and renumbering the subsequent subsections as appropriate:
* * * *
10. In-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more
above grade shall be classified as a principal structure.
Section 41. Article 3. Division 6. Dock/Marina Standards. Section 3-60 1.c. l.a. IS hereby
amended as follows:
a. Setbacks. A dock shall be located in the center one-third of the lot or twenty (20)
feet from any property line as extended into the water, whichever is less, unless
the dock is proposed to be shared by adjoining properties whereupon the dock
may be constructed on the common property line provided that all other
standards of this division are met. Boatlifts and service catwalks shall be a
minimum of ten (10) feet from any property line extended into the water. Tie
poles shall be setback a minimum of one (I) foot from any extended property
line. Single pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the extended
property lines. All watercraft must be contained entirely within the extended
property lines.
Section 42. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.2. Multi-Use Docks.
is hereby amended as follows:
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium, cooperative
apartment, mobile home park or attached zero lot line development shall be
permitted as a Level One (minimum standard) use provided such dock is less
than 500 square feet in deck area and complies with the dimensional standards
set forth in Section 3-601 (C)(3)(h). Deviations to the dimensional standards for
multi-use docks may be reviewed and approved in accordance with Section 3-
602 .C.1.g.
Section 43. Article 3. Division 7. Erosion and Siltation Control. Section 3-702.B. is hereby
amended as follows:
B. Stabilization of denuded areas. No disturbed area may be left denuded, and every
disturbed area must be covered by mulches such as straw, hay, filter fabric, seed
29
Ordinance No. 6928-02
.
.
and mulch, sod or other approved material to the extent necessary to cover
otherwise denuded areas unless Community Development Coordinator
determines that the circumstances do not require such covering. Within GO 30
days after the final grade is established on any portion of a project site, that
portion of the site shall be provided with established permanent soil stabilization
measures according to the original construction plan, whether by impervious
surface or landscaping.
Section 44. Article 3. Division 8. Fences and Walls. Section 3-804.A. is hereby amended as
follows:
A. Front setback. Walls and fences located in a front s@tback of a principal structure
shall be permitted to a maximum height of thirty-six (36) inches with the
following exceptions:
* * * *
Section 45. Article 3. Division 8. Fences and Walls. Section 3-804.8. is hereby amended as
follows:
* * * *
8. Side and rear setback areas. Fences and walls shall be permitted to a maximum
height of six (6) feet in the required side and rear s@tbacks between the principal
structure and any side or rear lot line. Such fences may be permitted up to eight
(8) feet in height, however, if located in the Industrial, Research, and Technology
District ("IRT").
* * * *
Section 45A. Article 3. Division 8. Fences and Walls. Section 3-804.F. is hereby amended as
follows:
* * * *
F. Exception for attached dwellings. No fence or wall over fffiH: six feet in height
shall be permitted on any attached dwelling lot, except where the fence or wall is
installed along the boundary of the property, in which case the fence or wall shall
be uniformly designed and shall meet the height limits and other standards
otherwise applicable to the fence or wall.
* * * *
Section 46. Article 3. Division 8. Fences and Walls. Section 3-805. Chainlink fences is hereby
amended by adding provision to prohibit chainlink fences in the Downtown District and re-lettering the
subsequent subsections as appropriate:
Section 3-805. Chainlink fences.
30
Ordinance No. 6928-02
.
.
The following requirements shall apply to chain link fences.
A. Chainlink fences are prohibited within the Downtown District.
A B Front setback. Chainlink fences shall not be permitted in the front yard setback
area. Chainlink fences shall only be located on a parcel to the rear of the front
building line of the principal building, unless permitted pursuant to Section 3-
802(E) above.
!he. Side and rear setbacks. Chainlink fences located in a side or rear yard shall not
exceed forty-eight (48) inches or six (6) feet if clad with green or black vinyl. If
such side or rear yard is adjacent to a public right-of-way, however, sllch
chainlink fence shall not be permitted.
G,.D. Landscaping requirements. Chainlink fences which are not otherwise required to
be landscaped by Article 3 Division 12 shall be landscaped with a continuous
hedge or a nondeciduous robust growing vine at frequent intervals. Such
landscaping may be located on the external or internal side of the fence along the
entire length of the fence.
I*E. Public or private recreational facilities. Chainlink fences for public or private
tennis courts, golf courses and driving ranges, athletic fields, play courts, batting
cages and other similar uses are exempt from height regulations contained in this
section and the location restriction of 3-80SW lID above.
* * * *
Section 47. Article 3. Division 9. General Applicability Standards. Section 3-902.
Comprehensive plan densities/intensities is hereby amended by adding the following subsection:
D. When calculating the lot area and/or density/intensity of a property, the total of
either number shall not be rounded up to the next whole number.
Section 48. Article 3. Division 9. General Applicability Standards. Section 3-904. Sight visibility
triangle is hereby amended by deleting sight triangle (arterials and collectors) diagram, and deleting
street and driveway title name on diagram. Deleting 10' from pavement edge or roadway (ifno sidewalk).
Deleting 5' from back of sidewalk, and renaming right-of-way and driveways and inserting new diagram
that requires a 20 feet setback from the edge of the property line pursuant to Exhibit A.
Section 49. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
* * * *
A. Building projections which are affixed solely to the building and not directly affixed
to the ground such as building fascias, roof overhangs, eaves. canopies other than
freestanding canopies, awnings, marques, and other similar projections, shall be
permitted to project into required setbacks as specified below.
31
Ordinance No. 6928-02
.
.
* * * *
Section 49A. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
* * * *
D. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or
less of the width of the building wall to which they are attached shall be permitted to
extend into a required set back area not more that J-() 24 inches provided that through
access is not obstructed.
Section 50. Article 3. Division 9. General Applicability Standards. Section 3-912. Outdoor
displays/storage is hereby amended as follows:
Section 3-912. Outdoor display/storage.
Unless otherwise expressly permitted in the zoning district in which the property
is located, the outdoor display and storage of goods and materials is prohibited.
All goods and mat€lrials shall b€l stor€ld in a mann€lr that is not visibl€l from the
public right of way or from adjac€lnt prop€lrti€ls.
Section 51. Article 3. Division 9. General Applicability Standards. Section 3-915.C. Uses
involving vehicles is hereby amended as follows:
* * * *
C. No repair of any vehicle is permitted in any residential zoning district unless
such repair is eitOOF confined within a completely enclosed building and limited
to vehicle service involving vehicles owned by a person who resides at that
residence, however, minor vehicle repairs are permitted anywhere on the
property. Under no circumstance shall such repair be conducted as a commercial
activity.
Section 52. Article 3. Division 9. General Applicability Standards. Section 3-916. Vending
machines is hereby amended as follows:
* * * *
C. No more than two (2) vending machines, per development site, shall be permitted
outside of any building, unless such machines are not visible from any public
right-of-way or any abutting property. Signage allowed on vending machines
shall be flush with the machine and shall be limited to thirty-five (35) percent of
the machine's front face, including the selection choices. The remaining front
face of the vending machine shall be of a similar color as the signage. No
signage shall be allowed other than on the front of the vending machine.
Section 53. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.B.1. Minimum
plant material standards is hereby amended as follows:
1. Minimum plant material standards:
32
Ordinance No. 6928-02
.
.
PLANT SIZE QUALITY OTHER
(at installation) REQUIREMENTS
Shade Tree .Q' ~ height Florida a. Use of live oak (City tree) is
4-!! 2.5" caliper Grade # I encouraged, however species
diversity is preferred over
monoculture.
b. Must be planted a minimum of
five feet from any impervious
area.
c. At least ten percent of the total
number of trees shall be of a
species which exhibits
conspicuous flowering.
Accent Tree 8' height Florida 2 accent trees = I shade tree;
2" caliper Grade # 1 unless overhead lines are
unavoidable; no more than 25% of
required trees may be accent trees.
Palm Tree 10' clear and straight trunk. Florida Can be used to satisfy 75% of tree
Grade # I requirements on Beach, Sand Key
& Island Estates, 25% elsewhere
in the City. Staggered clusters of 3
palm trees = 1 shade tree, except
for specimen palm trees such as:
phoenix canariensis (canary island
date palm), phoenix dactylifera
(edible date palm) and phoenix
reclinata (senegal date palm),
which count as shade trees on a
I: I ratio.
33
Ordinance No. 6928-02
.
.
Shrubs A.) 18-24" in height when used Florida
in a perimeter buffer - planted Grade # 1 Use of Hibiscus (City flower) is
every 36", (measured from the encouraged for non-required
center of the shrub) providing a landscape plantings, especially for
100% continuous hedge which accent marking at entrances and
will be 36", high and 80% other points of high visibility.
opaque 12 months from the time
a certificate of occupancy is
received (excluding drives and
visibility triangles where
applicable)
B.) 14-24" in height when used
for interior - planted every 30"-
36", respectively (measured
from the center of the shrub)
with a 3 gallon minimum
Ground Cover 1 gallon minimum - planted a Florida Encouraged in lieu of turf to
maximum of24" a.c. Grade # 1 reduce irrigation needs.
Turf N/A Drought Turf areas should be consolidated
tolerant and limited to areas of pedestrian
varieties traffic, recreation and erosion
control.
Section 54. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.C. Irrigation is
hereby amended as follows:
1. For multifamily and nonresidential properties an automatic permanent irrigation
system providing complete water coverage for all required and other landscaping
materials shall be provided and maintained as a fully functioning system in order
to preserve the landscaping in a healthy growing condition.
Section 55. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1204.D. is hereby
amended as follows:
D. All landscaping required by this division must be protected from vehicular and
pedestrian traffic by the installation of concrete curbing., and wheel stops, or
other protective devices along the perimeter of any landscaping which adjoins
vehicular use areas or sidewalks. These protective devices shall have a minimum
height of six inches above grade.
Section 56. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.B.2. Tree
Protection is hereby amended as follows:
a. The condition and location of the protected tree, specimen tree stand, or palm
with respect to species, tree structure, competition, disease, insect attack, danger
34
Ordinance No. 6928-02
.
.
.
of falling, proximity to existing or proposed structures and interference with
utility services.
b. Protected trees, specimen tree stands, and palms shall be preserved to the
maximum extent possible and reasonable flexibility in the design of permitted
uses shall be granted, within the parameters of the zoning district within which
the property is located, in order to ensure such preservation.
Section 57. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.0. Tree
Protection is hereby is amended as follows:
3. When the Community Development Coordinator determines that there is not
sufficient space available to replace the equivalent of all protected trees on-site in
accordance with these requirements, the remaining DBH deficit shall be met by
paying a fee of $48.00 per inch of DBH to the tree bank. The Community
Development Coordinator may determine that certain protected trees are not
required to be replaced based on certain criteria, including but not limited to,
species, health, hazards, or other conditions.
Section 58. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.0.5. Tree
Protection is hereby is amended as follows:
g. Waiver of replacement trees' specifications. The city manag@r Community
Development Director may waive the characteristics, or species, ~ of the
replacement trees only if the applicant for development approval demonstrates to
the city manag@r Community Development Coordinator that such size is not
readily available in the market area and that the proposed landscaping treatment
with replacement trees is equal to or superior to the landscaping which would
have been provided with the larger trees.
Section 59. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.0.5. Tree
Protection is hereby is amended by adding subsection h as follows:
h. Waiver of Replacement Requirements for Public Utilities Projects. The
Community Development Coordinator may exempt the city from the tree
replacement requirements solely for public utilities projects.
Section 60. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205. Tree Protection
is hereby amended by adding subsection G as follows:
G. Protection of tree trunks. It shall be unlawful to use tree spikes or other devices that
damage tree trunk tissue of protected trees.
Section 61. Article 3. Division 13. Outdoor Lighting. Section 3-1302. IS hereby amended as
follows:
Section 3-1302. Site lighting.
All outdoor lighting, other than outdoor recreational facility and street lighting, shall
comply with the following requirements:
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Ordinance No. 6928-02
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A. Fixture-type. All light fixtures which are visible from the boundaries of the
parcel proposed for development of land, other than fixtures which are designed
and installed to illuminate a wall and are directed away from adjacent properties,
shall be cut-off lights where direct illumination is cut-off above 40 degrees below
horizontal.
B. Location. All outdoor light fixtures shall be located so that objects or land which
are located beyond the boundaries of the parcel proposed for d@velopm@Rt parcel
of land are not illuminated to an extent of producing more than a diffuse shadow.
* * * *
Section 62. Article 3. Division 14. Parking and Loading. Section 3-1401. Parking is hereby
amended by adding subsection C. as follows:
C. ParkinK Demand Study.
I. The Community Development Coordinator may require an applicant to prepare a
parking demand study in conjunction with a request to make deviations to the
parking standards. Prior to the preparation of such study, the methodology shall
be approved by the Community Development Coordinator and in accordance
with accepted traffic engineering principles. The findings of the a study will be
used in determining whether or not deviations to the parking standards are
approved.
Section 63. Article 3. Division 14. Parking and Loading. Section 3-1403.A. is hereby amended
as follows:
A. Permanent surface. Except as otherwise permitted in subsection (B) of this
section, all unenclosed parking lots, spaces, vehicular accessways and driveways
shall be improved with a permanent all-weather paving material which is graded
to drain stormwater.
Section 64. Article 3. Division 14. Parking and Loading. Section 3-1403.B.1. Grass surface is
hereby amended as follows:
1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass
or other unpaved area zoned for any mliltipl@ family or nonr@sid@ntial liS€ unless
specifically authorized in this section.
Section 65. Article 3. Division 14. Parking and Loading. Section 3-1407.A.l.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-Iettering the subsequent
subsections as appropriate:
d. .^.ny semi tractor trail@r truck or cab;
Section 66. Article 3. Division 14. Parking and Loading. Section 3-1407.A.2. Parking
restrictions in residential areas is hereby amended as follows:
* * * *
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Ordinance No. 6928-02
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2. Within setback area from the street right of 1'/a)'. Between principal structure
and rif!.ht-of-way. The following vehicles shall not be parked or stored, in whole
or in part, withiR any r@ql:lir@d s@tback area from a street right of way between
any portion of the principal structure and any right-of-way line in a residential
zoning district:
* * * *
Section 67. Article 3. Division 14. Parking and Loading. Section 3-1407 A.2.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-Iettering the subsequent
subsections as appropriate:
d. .A.ny semi tractor trailer truck or cab;
Section 68. Article 3. Division 14. Parking and Loading. Section 3-1407.AA. Parking
restrictions in residential areas is hereby amended as follows:
4. Exception to Prohibition of Parking on Unpaved Areas. One designated parking
space may be located on the grass in a required front setback adjacent to and
parallel to the driveway located on the property. Access to such designated
parking space shall be by way of the property's driveway. If the designated
parking space can not be maintained as a landscaped area and is either reported
by neighboring residents as a detrimental property or is identified by any code
inspector as is violation of this provision, such designated parking area shall be
filled in, by the property owner, with pavers, concrete, turf block, or other
approved suitable parking material.
Section 69. Article 3. Division 14. Parking and Loading. Section 3-1407.A. Parking restrictions
in residential areas is hereby amended by adding subsection 3-1407 .A.5. as follows:
5. Parking on Unpaved Area Prohibited. No parking, displaying, or storing of
vehicles, trailers and/or boats shall be permitted on any grass surface or other
unpaved area zoned for any use unless specifically authorized in this section.
Section 70. Article 3. Division 14. Parking and Loading. Section 3-1407.B.2 Parking restrictions
in residential areas is hereby amended as follows:
2. Loading, unloading, or cleaning of vehicles, but not including semitrailer trucks
or cabs, provided such activity is fully completed within s* twenty-four hours
and provided such activity does not occur at the same location more than two
times per month.
Section 71. Article 3. Division 15. Property Maintenance Standards. Section 3-1 502 .C.3.
Property maintenance requirements is amended as follows:
3. Ground level storefront windows facing a public right-of-way shall be
maintained in an unbroken, and clean state. No window facing the public right-
of-way shall be permanently removed and enclosed, covered or boarded up
unless treated as an integral part of the building facade using wall materials and
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Ordinance No. 6928-02
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window detailing comparable with any upper floors and the building facade in
general. All damaged or broken storefront windows shall be promptly restored,
repaired or replaced. All awnings or canopies facing or visible from the public
right-of-way shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings shall be promptly replaced, repaired or removed.
Section 72. Article 3. Division 15. Property Maintenance Standards, Section 3-1502.G.1.
Property maintenance requirements is amended as follows:
L As provided in section 3-912 of this development code, outdoor storage is
prohibited nor may goods and mat@rials b@ stored in any manner 'Nhich is visible
from the public right of 'Nay or from abutting properties.
Section 73. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.G.3.
Exterior storage and display for residential properties is amended as follows:
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, ffiaj' shall not
be stored outdoors on a residentially zoned property.
Section 74. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.KA. Public
rights-of-way and sidewalks and parking surfaces is amended as follows:
4. Parking lot and driveway surfaces shall be maintained in a safe and clean
condition by the owner of the parcel of land. The owner shall, at a minimum,
keep such surface free of pot holes, litter, trash, debris, equipment, weeds, dead
vegetation and refuse and shall promptly repair cracked or heaved parking lot
surfaces.
Section 75. Article 3. Division IS. Property Maintenance Standards. Section 3-1502. Property
maintenance requirements is amended by adding subsection L. as follows:
L. Maintenance of seawalls. All seawalls shall be maintained in a structurally
sound condition and shall comply with applicable building and coastal
construction codes.
Section 76. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.8.5. IS
hereby amended as follows:
5. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of
vegetation, or undergrowth of dead or living vegetation or l:Int~md@d and/or
unf@nc@d swimming pools hazardous swimming pools, or hazardous trees upon
any property to the extent and manner that such property contains or is likely to
contain rodents, reptiles or other vermin, or furnishes a breeding place for flies,
mosquitoes, or wood-destroying insects, or otherwise threatens the public health,
safety or welfare.
Section 77. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.8.8. IS
hereby amended as follows:
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Ordinance No. 6928-02
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8. The lack of maintenance by a property owner of property abutting any dedicated
right-of-way in the City in a condition such that weeds or trash are found in and
on the right-of-way or such that the weeds or trash weeds, shrubs, vegetation,
trash, or any other accumulation extend over the sidewalk, bicycle path, curbline
or edge of pavement of an improved right-of-way by more than four inches (4").
Section 78. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.8.10. is
hereby amended as follows:
10. The lack of maintenance by a property owner abutting any dedicated right-of-
way or easement in the City where a height clearance of less than eight feet (8')
from the sidewalk pavement measured vertically from the pavement surface is
maintained, unless an exception has been granted by the Urban Forester.
Section 79. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.8.
Nuisances is hereby amended by adding subsection 3-1503.8.13. Seawalls as follows:
13. Seawalls. Any seawall in a condition where the structural integrity IS not
maintained.
Section 80. Article 3. Division 18. Prohibited Signs. Section 3-1803.L. is hereby amended by as
follows:
L. Signs located on publicly owned land or easements or inside street rights-of-way,
except signs required or erected by permission of the City Manger Manager or
City Commission, signs or transit shelters erected pursuant to Section 3-2203,
and sandwich board signs to the extent permitted in the Downtown District.
Prohibited signs shall include but shall not be limited to handbills, posters,
advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks.
Section 80A. Article 3. Division 18. Prohibited Signs. Section 1803. U. is hereby amended by
deleting the subsection and re-lettering the subsequent subsections as appropriate:
lj. Temporary window signs in r@sidential districts.
Section 81. Article 3. Division 18. Signs Permitted Without a Permit. Section 3-1805. A. IS
hereby amended as follows:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than three square feet of
total sign face area for each parcel of land used for commercial purposes. The
square footage for the address sign shall be allowed in addition to the total square
of signage footage allowed in Section 3-1806.
Section 82. Article 3. Division 18. Signs Permitted Without Development Review. Section 3-
1805.S. is hereby amended as follows:
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Ordinance No. 6928-02
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S. A change in a sign message or panel on a previously approved, lawful siglh 1
e.g., any sign allowed under this ordinance may contain, in lieu of any other
copy, any otherwise lawful noncommercial message that complies with all other
requirements of this ordinance.
Section 83. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.8. Non-residential is hereby amended as follows:
B. Non-residential. All signs must be architecturally integrated into the design of
the building and/or site using similar and coordinated design and style features,
materials and colors, etc. Attached signs shall be horizontally and vertically
proportionately located on each fa<;ade with no protrusions above roof lines. over
windows, trim, cornices, or other building features. Master signage plans are
required for shopping centers, including all out parcels. and office parks or any
other master planned developments where a substantial development or
redevelopment is undertaken or proposed. These will be reviewed as a
Comprehensive Sign Program application.
Section 84. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.l Freestanding Signs is hereby amended as follows:
a. One freestanding sign per parcel proposed for development with no more than
sign two sign faces. A parcel located at a corner may be permitted two signs,
one at each street frontage, provided that the maximum area of the sign faces of
the two signs shall not exceed the total maximum allowable area. Sign area is
measured from the road frontage which results in the greatest square footage.
Section 85. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.1.c. Area of Freestanding Signs is hereby amended as follows:
Ill. Sixty-four square feet; whichever is less. However, a minimum ofteR 20 square
feet per parcel proposed for development shall be allowed.
Section 86. Article 3. Division 18. General Standards. Section 3-1806.B.1. is hereby amended
by adding subsection 3-1806.B.1. Freestanding signs at Elevated Intersections as follows:
h. Freestanding Signs at Elevated Intersections. Sites which front on an elevated
roadway (including US 19 and McMullen Booth Road) having limited visibility
are permitted one freestanding sign to a maximum of 14 feet in height above the
crown of the road, as measured at the highest point of the roadway within the
property lines that are perpendicular and adjacent to the elevated roadway
excluding any service or frontage roads.
Section 87. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Attached Signs is hereby amended as follows:
3. Attached signs. The following signs shall be permitted in all non-residential
districts:
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Ordinance No. 6928-02
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a. One attached sign per business establishment. The area of an attached
sign face shall not exceed:
1. One square foot per 100 square feet of the fayade of the building facing
the street frontage to which the sign is to be attached; or
11. Twenty-four square feet; whichever is less. However, a minimum of-t6R
twenty square feet per business establishment with a principal exterior
entrance shall be allowed. The Community Development Coordinator
may permit signs for second story or above businesses in the Downtown
and Tourist Districts if they meet all other criteria for attached signage.
b. Where individual building business establishments with exterior
entrances are located in a single building, eF-ffi multiple multi-tenant
buildings 'Nhich ar@ attached, or as part of a business/office complex or
shopping center, attached signs shall be designed according to a common
theme but b@ suffici@ntly diff@r@nt in including similar style, color,
material and other characteristics to provide aveKl a sense of uniformity
or sam@n@ss. Changes to individual tenant signage shall be reviewed for
compliance with the established or proiected theme of the development
site.
c. Projecting signs may be used as a type of attached sign in the Downtown
(D) and Tourist (T) districts, unless otherwise permitted by the
Community Development Coordinator. They shall be installed with a
minimum eight-foot clearance from the bottom of the sign to grade or the
sidewalk. Projecting signs shall comply with encroachment into setback
and rights-of-way Section 3-908.
Section 88. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.B. Permitted
Signage is hereby amended as follows:
B. Permitted signage. Signag@ '.'.'hiGh is propos@d as part of a compr@h@nsiv@ sign program
may d@viat@ from th@ minimum sign standards in t@mlS of numb@r of signs p@r busin@ss
or parc@l of land, maxin:\l:ln:\ ar@a of a sign fac@ per parc@1 of land and the total area of
sign fac@s per business or parc@l of land, subj@ct to complianc@ 'Nith th@ tl@xibility
crit@ria set out in ~@Gtion 3 llW7.C. Monum@nt signs, p@rmitted pursuant to s@ction 3
IS06.B.1.g and S@Gtion 3 llW6.B.2 shall not b@ @Iigibl@ for compreh@nsiv@ sign program.
A compr@h@nsiv@ sign program shall b@ appro'/@d as part of a I@'.'@I on@ or lev@1 tv.'o
appro'/al, as th@ cas@ may be.
1. Signage which is proposed as part of a comprehensive sign program may
deviate from the minimum sign standards in terms of number of signs
per business or parcel of land, maximum area of a sign face per parcel of
land and the total area of sign faces per business or parcel of land,
subject to compliance with the flexibility criteria set out in Section 3-
1807.C. Monument signs, permitted pursuant to section 3-l806.B.l.g
and Section 3-1806.8.2 shall not be eligible for comprehensive sign
program. A comprehensive sign program shall be approved as part of a
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Ordinance No. 6928-02
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Level One or Level Two approval, as the case may be. Prohibited signs
in Section 3-1803 are not eligible for a comprehensive sign program.
2. As part of a comprehensive sign program, the Community Development
Coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The Community
Development Coordinator may allow for flexibility in reviewing the
master sign plan if it results in a substantially improved and
comprehensive proposal. With a master sign plan, the Community
Development Coordinator may permit interior site directional signs at a
size and location(s) related to the development project, with up to a
maximum height of six feet.
Section 89. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C.1.
Flexibility Criteria Architectural Theme is hereby amended as follows:
b. The design, character, location and/or materials of all freestanding and attached tOO
signs proposed in a comprehensive sign program shall be demonstrably more
attractive than signs otherwise permitted on the parcel proposed for development
under the minimum signs standards. All signs must be architecturally integrated
into/with the design of the building and/or site using similar and coordinated design
features, materials and colors, etc.
Section 90. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. Flexibility
Criteria is deleted in its entirety and replaced as follows:
2. Th@ maximum height of all signs proposed in a comprehensive sigH program is 11
feet, provided however that a siRgl@ attach@d sigR ,vith a sign fac@ of no more than 12
square feet may b@ @r@ct@d up to the height of the building.
2. The height of all freestanding signs proposed through the comprehensive sign
program shall relate to the design ofthe sign and shall not exceed 14 feet in height.
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C Total Area
of Sign Faces is hereby amended as follows:
4. The total area of sign fac@s which an~ proposed as part of a compr@h@nsi'/@ sign
program shall Rot @xc@@d two times the total area of sign fac@s permitted Imd@r that
minimum sign standards on the parc@l proposed for development.
4. Hei~ht. Area. Number and Location of SiJ(fls. The height, area, number and
location of signs permitted through the Comprehensive Sign Program shall b~
determined by the Community Development Coordinator based on the following
criteria: overall size of site, relationship between the building setback and sign
location, frontage, access and visibility to the site, intended traffic circulation
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Ordinance No. 6928-02
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pattern, hierarchy of signage, scale and use of the project, and submittal of a
master sign plan for the development parcel/project. Additionally, the maximum
permitted sign area shall be based on the following formula when evaluated
against the above criteria:
I. Attached signs - The maximum area permitted for attached signage shall
range from one percent up to a maximum of six percent of the building
fayade to which the sign is to be attached.
II. Freestanding signs - The maximum permitted area of all freestanding signs
on a site shall not exceed the range of sign area permitted by the street
frontage or building fayade calculation methods set forth in Section
1806.B.I.c.i.and ii.
Section 92. Article 3. Division 21. Temporary Uses. Section 3-2103 .B.3 .g. Portable storage units
is hereby amended as follows:
g. A sticker shall be affixed to all portable storage units indicating the most recent
delivery date, the date on which the portable storage unit +s was delivered to a
property.
Section 93. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3. Portable storage units is
hereby amended by adding subsection j. as follows:
k The Community Development Coordinator may allow portable storage units to
be located on a property for a longer period of time than specified in Section 3-
2103.C.2 in emergency situations. The Community Development Coordinator
may allow a period of 15 days for a portable storage unit to be located on a
property and may allow an additional IS days if extension is required to
complete emergency repairs.
Section 94. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. is
hereby amended as follows:
A. Basic information required for all applications. EXC0pt as provided in subs@ction
23 for [@f\C@ p0rmits, or unl@ss oth@!)J,'is@ inapplicabl@ for the permit sought, a~1I
applications for development approval shall include the following information:
* * * *
Section 95. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.7. is
hereby amended as follows:
7. A plat of r@cord or signed and sealed survey of the property including the
dimensions, acreage and location of the property prepared by a registered land
surveyor showing all current structures/improvements.
Section 96. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.ll.
is hereby amended by adding subsection 4-202.A.ll.y. as follows:
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Ordinance No. 6928-02
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1:.: Type and location of all attached and freestanding signage for compliance with
Article 3, Division 18, Signs.
Section 97. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.25.
is hereby amended as follows:
d. u:..tOO For all proposed development is for a singhl family dw@lIiflg or acc@ssory
~ a plot plan signed and sealed survey with the following information:
I. Existing and proposed fences and landscaping.
I I. The proposed height and materials of the proposed fence.
Section 98. Article 4. Division 2. Applications for Development Approval. Section 4-206.
Notices and public hearings Permitted Uses: Level One diagram on page CD4: 15 is hereby amended by
revising the third box as follows: "Notice to Adjacent Property Owners (flexible standard development)."
Section 99. Article 4. Division 2. Applications for Development Approval. Section 4-206.C.2.e.
Public hearings is amended as follows:
e. By posting a sign for level three (3) approvals only, at least six square feet in
area and not exceeding six feet in height facing the street(s) on the parcel
proposed for development.
Section 100. Article 4. Division 2. Applications for Development Approval. Section 4-206.D.5.
Public hearings is amended by adding subsection 4-206.D.5.a. as follows:
~ Any expert witness testifying shall submit a resume for the record before or
during the public hearing.
Section 101. Article 4. Division 2. Applications for Development Approval. Section 4-502.A.
Application/notice of appeal is hereby amended as follows:
A. An appeal of a level one approval (flexible standard) may be initiated by a
property OViR@r abutting the property an applicant or property owners within the
required notice area and who presented competent substantial evidence in the
Levell review, which is the subject of the approval within seven days of the date
the development order is issued. The filing of an application/notice of appeal
shall stay the effect of the decision pending the final determination of the case.
Section 102. Article 4. Division 2. Applications for Development Approval. Section 4-502.B.
Application/notice of appeal is hereby amended as follows:
B. An applilJation/flotic@ of app@al of aflY d@cision of the city, as provided in s@ction
4-W+, Appeal of all other applications other than level one approval tlexible
standard may be initiated by the applicant., or Qy any person granted party status
within 14 days of the decision. Such application shall be filed with the city clerk
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Ordinance No. 6928-02
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in a form specified by the community development coordinator identifying with
specificity the basis for the appeal and accompanied by a fee as required by
section 4-202(E). The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case.
Section 103. Article 4. Division 2. Applications for Development Approval. Section 4-504.B.
Community development board appeals is hereby amended as follows:
B. Upon receipt of an application/notice of appeal from a level one approval
(flexible standard) from an abutting property owner, the community development
board shall place the appeal on the consent agenda of the next scheduled meeting
of the board. Notice of the date of sllch meeting shall be provided the applicant
and the appellant(s) by mail and by telephone. The appeal may be removed from
the consent agenda only by a vote of at least four members of the community
development board. If tllll app@al is not removed from the cons@nt agenda, it shall
b@ approved, along with any otl~er cons@nt agenda items, by a vote of a majority
of the members of the board If the appeal is not removed from the consent
agenda, the decision of the Community Development Coordinator is confirmed
as part of the consent agenda by a vote of the majority of the members of the
board. If the appeal is removed from the consent agenda, the community
development board shall review the application, the recommendation of the
community development coordinator, conduct a quasi-judicial public hearing on
the application in accordance with the requirements of section 4-206 and render a
decision in accordance with the provisions of section 4-206(0)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the appeal.
Section 104. Article 4. Division 2. Applications for Development Approval. Section 4-505.A.
Community development board appeals is hereby amended as follows:
A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501 (B), the
hearing officer shall, in concert with the city clerk, establish a timely date and hour
and location for a quasi judicial hearing to consist solely of: 1. reception of the record
before the community development board; and 2. oral argument. The city clerk shall
give notice of the ~ hearing in accordance 'Nith the provisions of section 1
206(C) and the hearing shall be conducted in accordance with the procedures set forth
in section 1 206(D). to the appellant, applicant, City, and any person granted party
status by the community development board.
B. At the hearing, + !he record before the community development board shall be
incorporated into the record before received by the hearing officer, supplemented by
such additional evidence as may be brought forward during the hearing. Additionally,
oral argument may be presented by the appellant, applicant, City, and any person
granted party status by the community development board.
C. The burden shall be upon the appellant to show that the decision of the community
development board cannot be sustained by the evidence before the board and before
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Ordinance No. 6928-02
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the hearing officer, or that the decision of the board departs from the essential
requirements of law.
D. The persons entitled to present oral argument as set forth in subsection B. above may
submit proposed final orders to the hearing officer within 20 days of the hearing.
The hearing officer shall render a decision within 45 days of the hearing ffi
accordanc@ v.'ith the provisions of section ~ 206(D)(5). The decision of the hearing
officer shall include findings of fact, conclusions of law, and a determination
approving, approving with conditions, or denying the requested development
application. The decision of the hearing officer shall be final, subject to judicial
review by common law certiorari to the circuit court. The filing of a petition for
certiorari stays the decision of the hearing officer pending the final determination of
the case.
Section 104A. Article 5. Division 10. Hearing Officer. Section 5-1003. Procedures is hereby
amended as follows:
All hearings conducted by a hearing officer on behalf of the city shall be conducted 111
accordance with section 4--2-()9 4-505.
Section 105. Article 4. Division 6. Level Three Approvals. Section 4-602.A. Purpose and
applicability is hereby amended as follows:
A. Purpose and applicability. Th@ Zoning Atlas of th@ City of Cl@arwat@r consists of a
map of th@ city, publish@d in th@ form of an atlas or book containing a titl@ and
summary pag@ and additional s@parat@ sh@@ts, @ach co'.'@ring a portioR of th@ city,
d@picting all r@al prop@rty within the city and d@signating th@ '/ariol:ls zoning districts
and th@ bOl:lndari@s th@r@of. Th@ zoning atlas shall b@ in suffici@nt d@tail so that
property OWR@rs may locat@ th@ir prop@rti@s 'Nith [@Sp@ct to the zoning district
boundary lin@s. It is the purpose of this section to establish a procedure for amending
the zoning atlas of the city in accordance with Florida Statutes.
Section 106. Article 4. Division 7. Subdivision/Plats. Section 4-702. Required approvals IS
hereby amended as follows:
Section 4-702. Required approvals.
If plat approval is required, approval is obtained in two stages: preliminary and
final plat approval and is intended to be processed simultaneously with other
required approvals. Preliminary approval is granted by city staff for level one
approvals and the community development board for level two approvals. In the
event a level two approval is required, the preliminary plat is a required
submission and will be reviewed and approved by the community development
board as part of that approval process. While city commission approval is
required by state law for final plats, the approval process is ministerial, assuming
compliance with the preliminary plat approval and all requirements of the city
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Ordinance No. 6928-02
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code. If plat approval is required, preliminary final plat approval must obtained
before a building permit may be issued. Evidenc@ of the r@cording of an
approved final plat must b@ submitted prior to tilt! issuaAC@ of a c@rtificat@ of
occupancy.
Section 107. Article 4. Division 7. Subdivision/Plats. Section 4-708.C. Recording of final plat is
hereby amended as follows:
C. Evidence of recording a final plat shall be submitted prior to the issuance of a
the c@rtificat@ of occupancy first building permit. The Community Development
Coordinator may allow certain types of permits such as demolition, site and
utility permits to be issued for construction prior to recording the final plat. upon
written request by the subdivider, provided the final plat has been approved.
Section 108. Article 4. Division 12. Tree Removal Permit. Section 4-1202.A. Removal permit
application is hereby amended by deleting the subsection and renumbering the subsequent subsection as
appropriate:
* * * *
tJ. A copy of th@ LEw@1 Ont! or L@v@l Tv/o Approval assodat@d 'Nith th@ tree
r@moval.
* * * *
Section 109. Article 4. Division 13. Land Clearing Removal Permit. Section 4-1301. Permit
required is hereby amended as follows:
Section 4-1301. Permit required.
A land clearing and grubbing permit is required in order to clear or grub any land
in the city. No land clearing and grubbing permit shall be granted prior to
issuance of a level one or level two approval in accordance with the provisions of
Article 4, Divisions 3 and 4~, @xc@pt ',Yll@n associat@d with a d@molition p@rmit
that do@s AOt involv@ neVi construction or a r@d@v@lopm@nt proj@ct. If no level
one or level two approval is required a Ne land clearing and grubbing permit
shall be granted unl@ss it if the permit request is in conformance with the
provisions of this division or the terms of a prior approval.
Section 11 O. Article 4. Division 14. Transfer of Development Rights. Section 4-1401. Purpose
and authority is hereby amended as follows:
Section 4-1401. Purpose and authority.
It is the purpose of this division to establish procedures for the transfer of
allocated development rights in the city in order to promote redevelopment of the
district in a manner which minimizes the impacts of such transfers and protects
the interests of all property owners and residents of the city.
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Ordinance No. 6928-02
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Transfer of Development Rights may be used to: (J) Implement the goals and
policies of redevelopment plans and/or special area plans approved by the City,
the Pinellas Planning Council and the Countywide Planning Authority: (2)
Protect designated environmental, open space, archaeological, historical or
architecturally significant sites.
Section Ill. Article 4. Division 14. Transfer of Development Rights. Section 4-1402. Allocated
development rights are freely transferable is hereby amended as follows:
Section 4-1402. Allocated development rights are freely transferable.
D@v@lopm@nt rights of a pr@'/iously de"elop€ld site may be transferred to any site at any time,
to the same extent and in the s~me manner as any other inter€lst in r€lal property provided that
the density and/or intensity of the receiving site is not exceeded by twenty percent (20%) of
the dev@lopm@nt pot@Rtial of tHe site prior to the transfer. Th@ transfer shall b@ in the form of
a special warranty deed, which shall specify the amount of transferabl@ d@'/elopment rights
which are being conveyed or sold and the r@al property from 'Nhich the rights are transferred.
Th@ special warranty d@ea shall contain a covenant restricting in perpetuity the us@ of t1~e
parc@1 from v/hich tH@ rigHts have beeR transferred.
Development rights of a previously dey@loped site parcel of land may be transferred to
any sit0 parcel of land at any time, to the same extent and in the same manner as any
other interest in real property provided such transfer is in compliance with the
subsections I, 2, 3, and are permitted only in circumstances outlined in either 4 or 5
below.
1. Any mortgage holder of the sending parcel shall consent to the transfer of
development rights.
2. The sending parcel shall be in compliance with all property maintenance standards
specified in Article 3 of this code.
3. The transfer shall be in the form of a special warranty deed, which shall specify the
amount of transferable development rights which are being conveyed or sold and
the real property from which the rights are transferred. Additionally, the special
warranty deed shall contain a covenant restricting in perpetuity the use of the parcel
from which the rights have been transferred.
4. For parcels receiving density/intensity transferred from a designated environmental,
open space, archaeological, historical or architecturally significant site,
density/intensity may not exceed twenty (20) percent of the permitted development
potential of the site prior to the transfer.
5. For parcels located within an area designated Central Business District (CBD) or
Community Redevelopment District (CRD) on the Countywide Future Land Use
Plan map or parcels governed by approved redevelopment or special area plans, a
site may only receive density/intensity transferred from within the CBD, CRD,
redevelopment plan area or special area plan district, and may not exceed the
otherwise applicable maximum density/intensity by twenty (20) percent provided
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Ordinance No. 6928-02
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that the governing plan makes specific provIsIOns for the use of transfer of
development rights.
Section 112. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.C. Use of
transferred development rights is hereby amended as follows:
1. Tht! parct!1 propost!d for dt!\'t!lopm@nt is locat@d in the city The sending site and the
receiving site must be located within the city.
2. No building which exceeds 100 feet in height shall be located within 100 feet of any
other building which exceeds 100 feet in height. No more than two buildings which
exceed 100 feet in height shall be located within 500 feet of any building which
exceeds 100 feet in height; and
3. Appropriate view corridors are incorporated in the design of the parcel proposed for
development and all design standards in Article 3 Division 5 are otherwise satisfied. :
and
4. There shall be a reasonable relationship between the number of units transferred and
any increases in building height. Compatibility with the surrounding area and
feasibility of the project shall be considered when approving any increase in height.
Section 113. Article 4. Division 14. Transfer of Development Rights. Section 4- 1403. E Use of
transferred development rights is hereby amended as follows:
E.
I. Development rights transferred for the protection of environmental, open space,
archaeological, historical or architecturally significant sites located on the
mainland may be transferred to any parcel of land which is located on the
mainland.
2. Development rights transferred for the protection of environmental, open space,
archaeological, historical or architecturally significant sites located on the
barrier islands (any land west of the Memorial Causeway) may be transferred to
any parcel of land located on the barrier islands.
3. Development rights transferred within a Community Redevelopment District,
Central Business District, or other designated redevelopment area governed by
an approved redevelopment or special area plan, may be transferred only to
property located within the same designated redevelopment area.
Section 114. Article 6. Nonconformity Provisions. Section 6-102.B. Nonconforming structures,
is hereby amended as follows:
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Ordinance No. 6928-02
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B. Normal repair and maintenance, such as paIntIng, cleaning, replacement, and
repairing of same nonconformity may be performed on nonconforming
structures.
Section 115. Article 6. Nonconformity Provisions. Section 6-104. Nonconforming
Sign/Redevelopment of Principle Use/Structure is hereby amended as follows:
B. If the copy is not current or is missing letters or words on a non conf{)rming
nonconforming changeabl@ copy sign for a period of 30 days, the sign shall
become unlawful.
Section 116. Article 7. Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures. Section 7-102.C. is hereby amended by deleting the subsection in its entirety and re-Iettering
subsequent subsection as appropriate:
~ Cerrectien ef vielatian prier te hearing. If, prior to the scheduled hearing, the
violation is ,"orr@ct@d, the hearing on the 'liolation shall b@ continu@d for a period
of six months and in the @y@nt there is no r@curr@nc@ of the violation, the notice
of violation shall b@ d@@m@s withdrawn. If the violation is not corr@ct@d prior to
sch@dul@s R@aring, or the violation r@ occurs prior to the @Iaps@ of six months,
the violation shall b@ presented to the sp@cial master or the municipal code
enforcement board.
Section 117. Article 8. Section 8-102. Definitions is hereby amended as follows:
* * * *
Accessory structure means a building or structure which: 1) is subordinate to and serves a
principal building 50FVOO; 2) contributes to the comfort or n@c@ssary necessity and
convenience of the users or occupants of the principal building; aM 3) is located on the
same lot as the principal building and is not attached to such building..; and (4) is
detached from principal structure.
* * * *
Lot, corner means a lot located at the intersection of two or more street rights-of-way.
Lot, double frontage means a lot bounded on opposite or approximately opposite sides by
streets.
* * * *
Lot, double fronta~e means a lot bounded on opposite or approximately opposite sides by
streets.
50
Ordinance No. 6928-02
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* * * *
Parcel of land means any legally described piece of land which is designated by the
owner or developer as land to be used or developed as a unit, or which has been
developed as a unit as determined by the Community Development Coordinator.
* * * *
Repeat violation means a violation of a provision of a code by a person who has been
previously found through a code enforcement board or any other quasi-judicial or judicial
process, to have violated, or who has admitted violating, the same provision within five
years prior to the violation, notwithstanding the violations occur at different locations.
* * * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
public right-of-way, or body of water. For the purpose of this development codeJ the
term "sign" shall include all structural members. A sign shall be construed to form a
single unit. In cases where matter is displayed in a random or unconnected manner
without organized relationship of the components, each such component shall be
considered a single sign. Except for banner, flags, temporary and portable signs, all signs
shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building
wall or other base material. All signs shall be constructed of materials designed to be
permanent, withstand weather conditions, and shall have permanent supports appropriate
for its size.
* * * *
Sign, abandoned or obsolete cenferming means any sign and/or sign structure which no
longer advertises a bona fide business activity conducted or product available, is no
longer licensed, no longer has a certificate of occupancy, or is no longer doing business
or maintaining a presence on the premises where the sign is displayed and such
circumstances have continued for a period of 30 days.
* * * *
Sign, area Sif!n area or surface area means the area, in square feet, enclosed by a
rectangle, parallelogram, triangle, circle, semicircle, cross, other geometric figures, or
other architectural design, the side of which make contact with the extreme points or
edges of the sign, excluding the supporting structure which does not ffem form part of
the sign proper or of the display. Unless otherwise indicated, area means area per sign
face. Illuminated portions of a sign structure shall be considered part of the sign area.
Also, any portion of the surface area of a freestanding sign structure that exceeds 50
percent of the permitted area of the sign face shall be considered part of the sign area.
The area of a sign for attached signs is based on the smallest geometric shape(s) around
the graphics/text; area for sign cabinets used as attached signs shall be based on the entire
sign cabinet.
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Ordinance No. 6928-02
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* * * *
Sign, attached means any sign attached to, on or supported by any part of a building (e.g.
walls, mansard roof/'Nall, projecting, awning, windows, or canopy), which encloses or
covers useable space.
* * * *
Sign, maintenance Si~n maintenance means the replacing, repairing or repainting of a
portion of the sign structure, periodically changing changeable copy or renewing copy
which has been made unusable by ordinary wear, weather or accident. In the event 50
percent or more of the sign is needed to be replaced or repaired the sign shall be replaced
with a new, conforming sign and sign structure.
* * * *
SiJ!11, portable means a sign that is not permanently fixed to the ground or a structure
utilizing standard construction procedures, and/or materials that will not deteriorate, or a
sign that is transported over or parked along or next to a public right-of-way.
* * * *
Sign, vehicle means a sign attached to or placed on and/or inside of a vehicle, including
automobiles, trucks, boats, campers, and trailers, that is parked on or is otherwise
utilizing a public right-of-way or other public property or is on private property so as to
be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement of products or services or directing people to a business or
activity. This definition is not to be construed to include those signson a licensed transit
carrier, or signs that identify a firm or its principal products on a vehicle, unless such
vehicle is parked in a location prominently visible from a street right-of-way where there
are other, less prominently visible parking spaces available on the site or is parked in
such a manner that it is intended to provide advertisement of products or services or to
direct people to a business or activity.:.., or SlICR ad,/@rtising devices as may be attached to
and within the normal unalten~d liRes of th@ v@hicle of a lic@nsed transit carri@r This
definition shall not include any vehicle with signs when and during that period of time
such vehicle is regularly and customarily used to traverse the public highways during the
normal course of business and providing the signs do not present a hazard to the public.
* * * *
Temporary retail sales and displays means any nonpermanent sales or displays which
eith@r @xist along are of the same product and must be related with the permanent or
principal use of property,; or ar@ associat@d '1/ith the p@rmanent or principal use. As used
in this development code, the term "temporary retail sales and displays" shall include
carnivals and similar temporary amusement projects and shall exclude residential
development sales office, land sales offices, and garage and yard sales.
* * * *
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Ordinance No. 6928-02
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Violator means a person alleged to or who has been found to have violated a provision of
the City Code through a code enforcement board, or any other quasi-judicial or judicial
process. v/hich the special master or code enforcement board has jurisdiction to ~lI1force.
Section 118. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, directional
is hereby amended by deleting the directional sign graphic and replacing it with a new graphic as
illustrated in Exhibit B.
Section 119. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, freestanding
is hereby amended by deleting the freestanding sign graphic and replacing it with a new graphic as
illustrated in Exhibit C.
Section 120. Amendments to the Land Development Code of the City of Clearwater (as
originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as
set forth in this Ordinance.
Section 121. The City of Clearwater does hereby certify that the amendments contained herein,
as well as the provisions of this Ordinance, are consistent with and in conformance with the City's
Comprehensive Plan.
Section 122. Should any part or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part
thereof other than the part declared to be invalid.
Section 123. Notice of the proposed enactment of this Ordinance has been properly advertised in
a newspaper of general circulation in accordance with applicable law.
Section 124. The provisions of this Ordinance shall be effective on Monday, May 6, 2002.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall- ides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
53
Ordinance No. 6928-02
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r SIGHT TRIANGLE I
RIGHTS-OF- WAY and DRIVEWAYS
20' from property line
Exllibit A - Sight Visibility Triangle
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E~TE-rz
:.. . J
u=>
<
" }'
Exhibit B - Directional Sign
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- ~1~0'
-
, WEJZE.'
Exhibit C - Freestanding Sign
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Clearwater City Commission Worksession Item #
Agenda Cover Memorandum
Final Agenda Item #
Meeting Date
04-18-02
SUBJECTIRECOMMENDATION:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6928-02 on first reading.
D and that the appropriate officials be authorized to execute same.
SUMMARY: A list of the proposed amendments to the Community Development Code was first presented
to the City Commission at the January 7, 2002 Worksession. The Commission provided direction to staff on
many issues including transfer of development rights, vending machines, and tree replacement requirements.
Additionally, the Commission directed staff not to include certain amendments.
The Commission deferred action on the ordinance at the February 21, 2002 meeting so the Planning
Department could provide additional information on several proposed provisions in the ordinance. At the
April 1, 2002 Worksession, the Commission reviewed those items that remained from the February 21,2002
meeting. The Commission discussed portable storage units, sign height, and vending machine signage. The
Commission requested further information regarding portable storage units and signage.
The Community Development Board (CDB) held public meetings on February 19, 2002, and March 19, 2002
and a Worksession on the proposed ordinance on April 3, 2002. At the Worksession the CDB reached
consensus on limiting bay window extensions into required setbacks to 24 inches. The CDB requested further
clarification on the proposed Hearing Officer Appeal language, discussed proposed revisions to the maximum
sign area permitted through the Comprehensive Sign program (see section 91 of the ordinance), and discussed
changing the proposed five (5) percent of building fa9ade maximum to six (6) percent for attached signage
(See attached Planning Department Staff Report). No consensus was reached on signage and the discussion on
signage will be continued at the April 16, 2002 CDB meeting.
Reviewed Originating Department: Costs: Commission Action:
by:
Legal Planning ~ o Approved
Budget N/A Gina L. Clayton Total o Approved with
Conditions
Purchasing N/A User Departmenw o Denied
Risk Mgmt. N/A Planning Current Fiscal Year 0 Continued to:
IS N/A Funding Source:
ACM N/A o Capitallmprovemenl:
Other N/A Advertised: 0 Operating:
Date: 0 Other: Attachments:
Paper: Planning Dept. Staff Report
Submitted 0 Not Required Appropriation Code Ordinance No.6928-02
by: Comprehensive List of
Code Amendments
Sign Graphics
Affected Parties
0 Notified
City Manager 0 Not Required o None
n
~., Printed on recycled paper
S:\Planning Department\2002 Code Amendments\lst reading 4-18-02 CC Cover Memo 6928-02.doc
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CDB Meeting Date: April 16, 2002
Case: T A 02-01-01
Agenda Item: B-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community De.velop_~ent Code -
Ordinance No. 6928-02
INITIATED BY:
City of Clearwater City Commission and Planning Department
UPDATE:
At the April 3, 2002 Community Development Board (CDB) Worksession the following
issues were identified regarding the proposed amendments to the Community
Development Code.
ROOF OVERHANG
The Planning Department recommended that roof overhangs be limited to project 40%
into required setbacks. Discussion identified that balconies, decks, bay windows and
similar features were allowed to extend. 30 inches into the required setback.. In areas that
have a 5-foot setback, the 30 inches would extend past the 40% roof overhang that is
proposed.
The Community Development Board reached consensus that the permitted 30-inch
extension into the required setback for roof overhangs be changed to 24 inches. This
change will keep roof overhangs, balconies, decks, bay windows and similar features
consistent within the code and provide for uniform enforcement throughout the city.
See attachment for the proposed language for Section 3-908.D.
HEARlNG OFFICER APPEAL PROCESS
The Community Development Board was provided the recommended changes from the
city legal department on the Hearing Officer Appeal process.
The CDB asked for clarification on why persons may comment as members of the public
at the appeal hearing. The CDB also requested further clarification as to the difference
between testimony that is not allowed and comment that is allowed by the public.
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The Planning Staffwill contact the city legal staff for further clarification on these issues.
See attachment for the proposed language for the amendment to the Hearing Officer
Appeals procedure.
OTHER ISSUES REQUIRING FURTHER DISCUSSION
The following issues were identified for further discussion.
Comprehensive Sign Program
The Community Development Board discussed proposed revisions to the maximum sign
area permitted through the Comprehensive Sign program (see section 91 of the
ordinance). At the request of representatives from. the Sembler Company, the CDB
entertained a discussion about increasing the maximum permitted area proposed for
attached signage from up to five (5) percent of the building fayade to six (6) percent.
The Board also had a lengthy discussion about sign needs for large parcels and whether
different sign size requirements should apply to parcels exceeding a certain size.
The two methods for calculating freestanding sign area was also discussed by the CDB.
The Sembler Company proposed eliminating the building fayade method and calculating
sign area only based on street frontage. The Board also discussed whether or not a
maximum size for freestanding signage should be imposed. No consensus was reached
on this issue.
Sandwich Board Signage
TheCDB requested that the Planning Department consider allowing commerciaL areas. on. -
the beach to have sandwich board signs like those allowed in the Downtown. zoning
district. The Planning Staffwill include this issue in the next code update.
Planning Department Proposed Changes
Due to a conflict between window signage provisions, the Planning Department is
proposing to delete Section 3-1803.U, which prohibits temporary window signs in
residential districts. No changes are proposed to the other provision, Section 3-1805.Q,
which allows window signage of a certain size without regard to location. See the
attachment for the proposed revision.
The Planning Department has identified that the title of Section 45a of the proposed
Ordinance is incorrect. Instead of deleting Section 3-804.F. "in its entirety", the section
title should read, "is hereby amended as follows." See attachment for corrected title
language.
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BACKGROUND INFORMATION:
At the February 19, 2002 meeting, the Community Development Board deferred action
on the proposed amendments to the Community Development Code (Ordinance No.
6928-02) so the Planning Department could research several issues raised by the Board.
The City Commission also reviewed this proposed ordinance on February 21,2002, and
deferred action until additional information could be provided on several proposed
provisions in the ordinance.
Listed below are the issues that were identified through the meetings with the
Community Development Board, the City Commission, as well as Planning Department
review. Community Development Board issues are listed first, followed by City
Commission issues and finally Planning Department revisions. Each section identifies the
issues and the analysis section identifies what revisions were made.
COMMUNITY DEVELOPMENT BOARD ISSUES
The Community Development Board discussed and requested further information or
made specific requests on the following five issues:
. Final plat approval and issuance of building permits;
. Evidence presented during an Appeal Hearing;
. Setback measurements for non-vertical structures;
. Parking demand study requirements; and
. Roof overhang into required building setback.
ANALYSIS:
After conducting the necessary research, the Planning Department is recommending
several revisions to proposed Ordinance No. 6928-02 to address the Board's concerns.
Several changes discussed by the Board, however, are not recommended by the Planning
Department and have not been included in this ordinance. Please find below a discussion
of each issue.
1. Final Plat Approval and Issuance of Building Permits (Section 108, Section
109, Page 45 of proposed ordinance.)
The Planning Department is recommending to revise Code Section 4-702, which
regulates subdivision plats, to eliminate inconsistencies between Code Sections 4-702
and 4-708.C. regarding when a building permit can be issued for property involving a
subdivision plat.
In response to concerns raised by the Board, the Planning Department is also
proposing to revise Code Section 4-708.C. which requires the recording of a final plat
prior to issuing any building permits. The revision proposes to give authority to the
Community Development Coordinator to allow the issuance of certain types of
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permits such as demolition, site and utility after final plat approval but prior to final
plat recordation.
The Planning Staff researched 12 local jurisdictions in developing this revision.
Those 12 jurisdictions included Pinellas County, Dunedin, Gulfport, Largo, Oldsmar,
St. Petersburg, St. Pete Beach, Treasure Island, Hillsborough County, Tampa,
Bradenton, and Boca Raton. Of the 12 local jurisdictions surveyed, only Largo allows
building permits to be issued before the final plat is recorded. See attachment for each
jurisdiction's requirement.
2. Evidence Presented during Hearing Appeal (Section 105, Page 44 of proposed
ordinance. )
The Board requested that no new evidence be allowed to be presented during an
appeal hearing so that the appeal would be based on the record and not be a new
hearing.
Preventing new evidence in the appeal hearing is the same type of appeal hearing that
is conducted by the court system. The philosophy of the current code allows two
appeals from each level of approval. By requiring a hearing officer to perform the
same review of the record performed by the court, there is no need to have the
hearing officer appeal. Making this change would leave only one appeal and change
the philosophy of the Code.
The Planning and Legal Departments recommend that the original proposed
ordinance language not be revised so that the appeal process is maintained at the local
level and the philosophyofthecode is upheld.
3. Setback Measurements for Non-Vertical Structures (Not within proposed
ordinance)
The Community Development Board discussed the issue of how setbacks are
measured for non-vertical structures (such as brick pavers and parking lots). Concern
was raised that pavement, pool decks, etc. must comply with building and/or
accessory structure setbacks and this is too restrictive. The Board suggested in the
alternative to establish a percentage of the setback that must be landscaping. This
issue was not addressed in the original proposed Ordinance No. 6929-02.
The Planning Department recommends maintaining the current method for measuring
setbacks. As the City continues to redevelop, this method will ensure a consistent
width of landscaping and open space within the required setbacks. This is
particularly important in a redeveloping community because it will create a
predictable vista along the roadways, which will enhance community aesthetics and it
will also provide adjacent properties with a predictable area of open and green space.
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To avoid any possible confusion to the public, the Planning Department has already
revised its notices to surrounding property owners distinguishing between a setback
reduction for a building and for a setback reduction for paving/parking
4. Parking Demand Study (Section 62, Page 35 of proposed ordinance.)
The Community Development Board noted it was not clear who is required to
conduct a parking demand study and when such study is required.
The Planning Department has revised proposed Code Section 3-1401.C clarifying that
the Community Development Coordinator may require an applicant to prepare a
parking demand study in conjunction with a request for deviations to the required
parking standards.
5. Roof Overhang (Section 49, Page 31 of the proposed ordinance.)
Based on concerns raised by the Board that a 30" roof overhang is too limiting and
did not relate to existing and previous code requirements, the Planning Department is
proposing to identify roof overhangs and eaves within Section 3-908.A. that allows
for building projections to extend 40% into the required setback or 10 feet whichever
is less. ill the "C", "T" and "D" districts building projections are allowed to extend 10
feet into required setback. This change will make roof overhangs and eaves consistent
with existing and previous code requirements.
CITY COMMISSION ISSUES
The City Commission discussed and made recommendations on three issues ,found in the
proposed Ordinance No. 6928-02 at the February 18, 2002 Commission workshop and
the February 21,2002 public meeting. Those issues included the following:
. Portable storage units and length of time that they would be allowed to placed on
property during emergency repairs;
. Signs at elevated intersections; and,
. Vending machines;
Additionally, the Commission requested that the Planning Department provide the
Commission with graphics to illustrate proposed changes to the sign ordinance.
ANALYSIS
The Planning Department is recommending three changes to proposed Ordinance No.
6928-02 to address concerns raised by the City Commission.
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1. Portable Storage Units (Section 94, Page 42 of proposed ordinance.)
The Planning Department is proposing to limit a portable storage unit to a time period
of 15 days for emergency home repairs, with the possible extension of an additional
15 days if needed to complete emergency repairs.
The Planning Department revised this section to address the Commission's concerns
regarding the length of time a portable storage unit could be on a property for
emergency repaIrs.
2. Signs at Elevated Intersections (Section 86, Page 39 ofthe proposed ordinance.)
The Planning Department is proposing that signs at elevated intersections be
permitted at 14 feet above the highest point of the elevated road within the property
lines that are perpendicular and adjacent to the elevated roadway, excluding frontage
and service roads.
This modification addresses the Commission's concern that properties located along
elevated intersections would all be 14 feet above the highest point of the road
regardless of where the business is located along the elevated roadway.
3. Vending Machine Signage (Section 52, Page 32 of the proposed ordinance.)
At the direction of the City Commission, the Planning Department is proposing to
limit the amount of signage allowed on the front of vending machines to 35% of the
front of the machine, including the selection buttons. The previously proposed
.. amendment excluded the selection buttons.
PLANNING DEPARTMENT REVISIONS
In addition to the amendments discussed above, the Planning Department has made five
more revisions to the proposed ordinance since the Community Development Board and
City Commission meetings. These revisions address the following:
. Maintenance of seawalls;
. Transfer of Development Rights;
. Address signage allowed in addition to total square footage of signage;
. Competent substantial evidence in appeal hearings; and,
. Fences on attached dwelling lots
ANALYSIS
1. Maintenance of Seawalls (Section 75, Page 37 of proposed ordinance.)
At the direction of legal council, the seawall maintenance provision has been
modified to specify that seawalls shall be maintained in a structurally sound condition
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and shall comply with applicable building and coastal construction codes. The
original proposal did not identify who would be responsible for inspecting the
seawalls and what criteria would be used for that inspection. This revision also
addresses concerns raised by the Marine Advisory Board.
2. Transfer of Development Rights (Section 113, Pages 46-47, Section 114, Pages 47-
48, and Section 115, Page 48 of proposed ordinance.)
Based on input from the Pinellas Planning Council, the Planning Department is
proposing to make several minor editorial changes to the Transfer of Development
Rights regulations. Code Section 4-1402 is being revised to better identify the criteria
necessary to use Transfer of Development Rights. The proposed revision requires
such transfers to be in compliance with subsections 1, 2, 3 of the provision and
specifies that they are permitted only in circumstances outlined in either subsection 4
or 5. Proposed Code Section 4-1403.E is being revised to further identify that
development rights transferred from a Community Development District, Central
Business District, or other designated redevelopment area may be transferred only to
property located within the same designated redevelopment area.
Proposed Code Section 4-1403.C specifies that when reviewing height increases for
projects using transfer of development rights that compatibility with the surrounding
area and the viability of the project should be considered. The Planning Department
is recommending to replace "viability" with "feasibility" so it is clear that the criteria
is project feasibility and not solely economic viability.
3. Address Signage Allowed in Addition to Total Square Footage of Sign age
(Section 81, Page 38 of proposed ordinance.)
The Planning Department is proposing an amendment to the sign ordinance to clarify
that address signage is allowed in addition to the total permitted sign area.
4. Competent Substantial Evidence in Appeal Hearings (Section 102, Page 43 of
proposed ordinance.)
The Planning Department is proposing to revise Code Section 4-502.A to identify that
an appeal of a level one approval by an applicant or property owner must present
competent substantial evidence in the Levell. review.
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5. Fences on Attached Dwelling Units. (Section 45a, Page 30a Insert to proposed
ordinance. )
The current fence ordinance restricts fences on attached dwelling lots to four feet,
except along the boundary of the property. Based on the fact that many such properties
have existing six feet high fences, the Planning Department is proposing
this amendment to accommodate existing development and to allow privacy fences
within this type of development.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please fmd a selected list of goals, policies, objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and encourage
infill development.
. Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing
development incentives such as density bonuses for significant lot consolidation
and/or catalytic projects, as well as the use of transfer of developments rights
pursuant to approved special area plans and redevelopment plan.
. Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the
establislunent of distinct districts within Clearwater Beach, the establishment of a
limited density pool of additional hotel rooms to be used in specified geographic
areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of
public rights-of-way when appropriate, transportation improvements, inter-beach and
intra-beach transit, transfer of development rights and the use of design guidelines,
pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines.
. Policy 2.1.3 - The area governed by Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines shall be recognized on the Countywide
Future Land Use map as a Community Redevelopment District. This area is bounded
on the north by the line dividing the block between Acacia Street and Somerset Street,
the Gulf of Mexico on the west, Clearwater Harbor on the east and the Sand Key
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Bridge on the south, excluding Devon Avenue and Bayside Drive. Beachfront and
public property located adjacent to the Gulf of Mexico and the Intracoastal Watexway
with a Future Land Use designation of Recreation/Open Space shall be excluded from
the Community Redevelopment District.
. Policy 2.3.3 - The City of Clearwater shall continue to implement the Design
Guidelines, adopted in 1995, for all development within the Downtown District.
. Policy 3.2.1 - Land Uses on the Comprehensive Land Use Plan Map shall generally
be interpreted as indicated in the following table. The intensity standards listed in the
table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum
allowed for each plan category, except where otherwise permitted by special area
plans or redevelopment plan approved by the City Commission. Consequently,
individual zoning district, as established in the City's Community Development
Code, may have more stringent intensity standards than those listed in the table but
will not exceed the maximum allowable intensity of the plan category, unless
otherwise permitted by approved special area plans or redevelopment.
. Objective 4.1 - All signage with the City of Clearwater shall be consistent with the
Clearwater sign code, as found in the Community Development Code, and all
proposed signs shall be evaluated to determine their effectiveness in reducing visual
clutter and in enhancing safety and attractiveness of the streetscape.
. Policy 4.1.1 - Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for highway
safety and to allow the identification of business locations.
. Objective 4.2 - All development and redevelopment initiatives within the City of
Clearwater shall meet the minimum landscaping/tree protection standards of the
Community Development Code in order to promote the preservation of existing tree
canopies, the expansion of that canopy, and the overall quality of development within
the City.
. Policy 22.2.7 - Transfer of development rights should be implemented to provide
alternatives to development and degradation of wetlands and other natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments include a broad range of regulations ranging from
permitted uses, numerical standards, flexibility criteria, procedures, enforcement and
definitions. The proposed amendments are consistent with the provisions of Section I-
103 that lists the purposes of the Code.
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SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
They also further the original redevelopment goals that established the Code. The
amendments permit certain uses in a wider range of zoning districts. They also provide
more appropriate development standards regarding marinas, signage and tree replacement
requirements. They also strive to improve community aesthetics through the additional
regulation of sign design and the limitation of the number of vending machines allowed
outside of a building. In many instances the proposed amendments promote more site-
specific solutions. These solutions ultimately promote economic development and
maintain high standards for development, which are essential in a community undergoing
redevelopment.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6928-02
which makes revisions to the Community Development Code.
Prepared by: Richard Kephart
ATTACHMENTS:
Revised language for proposed code amendments
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REVISED LANGUAGE ATTACHMENT
I. Roof Overhang proposed language amendment.
Section 3-908.D
D. Balconies, decks, by windows, and similar features that linearly extend 50
percent or less of the width of the building wall to which they are attached shall
be permitted to extend into a required set back area not more that W 24 inches
provided that through access is not obstructed.
2. Hearing Officer Appeal proposed language amendment.
NOTE: Section 4-505.B. has been revised from original proposal by removing reference
to public comment being allowed at the hearing.
Amend Section 4-505 to read as follows:
A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-
501(B), the hearing officer shall, in concert with the city clerk, establish a
timely date and hour and location for a quasi judicial hearing to consist solely
of: I. reception of the record before the community development board; and 2.
oral argument. The city clerk shall give notice of the public hearing in
accordance with the provisions of section 4 206(C) and the hearing shall be
conducted in accordance vlith the procedures set forth in section 4 206(D). to
the appellant. applicant, City, and any person granted party status by the
community development board.
B. At the hearing, :); !he record before the community development board shall be
incorporated into the record before received by the hearing officer,
supplemented by sl:lch additional evidence as may be brought fOf\vurd during
the hearing. Additionally, oral argument may be presented by the appellant,
applicant, City, and any person granted party status by the community
development board. The burden shall be upon the appellant to show that the
decision of the community development board cannot be sustained by the
evidence before the board and before the hearing officer, or that the decision
of the board departs from the essential requirements of law.
C. The persons entitled to present oral argument as set forth in subsection B.
above may submit proposed final orders to the hearing officer within 20 days
of the hearing. The hearing officer shall render a decision within 45 days of
the hearing in accordance with the provisions of section 1 206(D)(5). The
decision of the hearing officer shall include findings of fact, conclusions of
law, and a determination approving, approving with conditions, or denying the
requested development application. The decision of the hearing officer shall
be final, subject to judicial review by common law certiorari to the circuit
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court. The filing of a petition for certiorari stays the decision of the hearing
officer pending the final determination of the case.
ALSO, amend section 5-1003 to read as follows:
All hearings conducted by a hearing officer on behalf ofthe city shall be conducted in
accordance with section 4-W6 4-505.
3. Section 3-1803. Prohibited Signs.
Article 3. Division 18. Signs. Section 3-1803. Prohibited Signs is hereby amended
by deleting subsection 3-1803.U. and re-lettering the subsequent subsections as
appropriate:
U. Temporary 'Nindow signs in residential districts.
4. Corrected title for Section 45a.
Section 45a. Article 3.Division 8. Fences and Walls. Section 3-804.F. is hereby
amended by deleting it in its entirety as follows:
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CDB Meeting Date:
Case:
Agenda Item:
March 19,2002
TA 02-01-01
D-l
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
ST AFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6928-02
INITIATED BY:
City of Clearwater City Commission and Planning Department
BACKGROUND INFORMATION:
At the February 19, 2002 meeting, the Community Development Board deferred action
on the proposed amendments to the Community Development Code (Ordinance No.
6928-02) so the Planning Department could research several issues raised by the Board.
The City Commission also reviewed this proposed ordinance on February 21, 2002, and
deferred action until additional information could be provided on several proposed
provisions in the ordinance.
Listed below are the issues that were identified through the meetings with the
Community Development Board, the City Commission, as well as Planning Department
review. Community Development Board issues are listed first, followed by City
Commission issues and finally Planning Department revisions. Each section identifies the
issues and the analysis section identifies what revisions were made.
COMMUNITY DEVELOPMENT BOARD ISSUES
The Community Development Board discussed and requested further information or
made specific requests on the following five issues:
. Final plat approval and issuance of building permits;
. Evidence presented during an Appeal Hearing;
. Setback measurements for non-vertical structures;
. Parking demand study requirements; and
. Roof overhang into required building setback.
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ANALYSIS:
After conducting the necessary research, the Planning Department is recommending
several revisions to proposed Ordinance No. 6928-02 to address the Board's concerns.
Several changes discussed by the Board, however, are not recommended by the Planning
Department and have not been included in this ordinance. Please find below a discussion
of each issue.
1. Final Plat Approval and Issuance of Building Permits (Section 108, Section
109, Page 45 of proposed ordinance.)
The Planning Department is recommending to revise Code Section 4-702, which
regulates subdivision plats, to eliminate inconsistencies between Code Sections 4-702
and 4-708.C. regarding when a building permit can be issued for property involving a
subdivision plat.
In response to concerns raised by the Board, the Planning Department is also
proposing to revise Code Section 4-708.C. which requires the recording of a final plat
prior to issuing any building permits. The revision proposes to give authority to the
Community Development Coordinator to allow the issuance of certain types of
permits such as demolition, site and utility after final plat approval but prior to final
plat recordation.
The Planning Staff researched 12 local jurisdictions in developing this reVlSlon.
Those 12 jurisdictions included Pinellas County, Dunedin, Gulfport, Largo, Oldsmar,
St. Petersburg, St. Pete Beach, Treasure Island, Hillsborough County, Tampa,
Bradenton, and Boca Raton. Of the 12 local jurisdictions surveyed, only Largo allows
building permits to be issued before the final plat is recorded. See attachment for each
jurisdiction's requirement.
2. Evidence Presented during Hearing Appeal (Section 105, Page 44 of proposed
ordinance. )
The Board requested that no new evidence be allowed to be presented during an
appeal hearing so that the appeal would be based on the record and not be a new
hearing.
Preventing new evidence in the appeal hearing is the same type of appeal hearing that
is conducted by the court system. The philosophy of the current code allows two
appeals from each level of approval. By requiring a hearing officer to perform the
same review of the record performed by the court, there is no need to have the
hearing officer appeal. Making this change would leave only one appeal and change
the philosophy of the Code.
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The Planning and Legal Departments recommend that the original proposed
ordinance language not be revised so that the appeal process is maintained at the local
level and the philosophy of the code is upheld.
3. Setback Measurements for Non-Vertical Structures (Not within proposed
ordinance)
The Community Development Board discussed the issue of how setbacks are
measured for non-vertical structures (such as brick pavers and parking lots). Concern
was raised that pavement, pool decks, etc. must comply with building and/or
accessory structure setbacks and this is too restrictive. The Board suggested in the
alternative to establish a percentage of the setback that must be landscaping. This
issue was not addressed in the original proposed Ordinance No. 6929-02.
The Planning Department recommends maintaining the current method for measuring
setbacks. As the City continues to redevelop, this method will ensure a consistent
width of landscaping and open space within the required setbacks. This is
particularly important in a redeveloping community because it will create a
predictable vista along the roadways, which will enhance community aesthetics and it
will also provide adjacent properties with a predictable area of open and green space.
To avoid any possible confusion to the public, the Planning Department has already
revised its notices to surrounding property owners distinguishing between a setback
reduction for a building and for a setback reduction for paving/parking
4. Parking Demand Study (Section 62, Page 35 of proposed ordinance.)
The Community Development Board noted it was not clear who IS required to
conduct a parking demand study and when such study is required.
The Planning Department has revised proposed Code Section 3-1401.C clarifying that
the Community Development Coordinator may require an applicant to prepare a
parking demand study in conjunction with a request for deviations to the required
parking standards.
5. Roof Overhang (Section 49, Page 31 of the proposed ordinance.)
Based on concerns raised by the Board that a 30" roof overhang is too limiting and
did not relate to existing and previous code requirements, the Planning Department is
proposing to identify roof overhangs and eaves within Section 3-908.A. that allows
for building projections to extend 40% into the required setback or 10 feet whichever
is less. In the "C", "T" and "D" districts building projections are allowed to extend 1 0
feet into required setback. This change will make roof overhangs and eaves consistent
with existing and previous code requirements.
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CITY COMMISSION ISSUES
The City Commission discussed and made recommendations on three issues found in the
proposed Ordinance No. 6928-02 at the February 18, 2002 Commission workshop and
the February 21,2002 public meeting. Those issues included the following:
. Portable storage units and length of time that they would be allowed to placed on
property during emergency repairs;
. Signs at elevated intersections; and,
. Vending machines;
Additionally, the Commission requested that the Planning Department provide the
Commission with graphics to illustrate proposed changes to the sign ordinance.
ANALYSIS
The Planning Department is recommending three changes to proposed Ordinance No.
6928-02 to address concerns raised by the City Commission.
1. Portable Storage Units (Section 94, Page 42 of proposed ordinance.)
The Planning Department is proposing to limit a portable storage unit to a time period
of 15 days for emergency home repairs, with the possible extension of an additional
15 days if needed to complete emergency repairs.
The Planning Department revised this section to address the Commission's concerns
regarding the length of time a portable storage unit could be on a property for
emergency repairs.
2. Signs at Elevated Intersections (Section 86, Page 39 of the proposed ordinance.)
The Planning Department is proposing that signs at elevated intersections be
permitted at 14 feet above the highest point of the elevated road within the property
lines that are perpendicular and adjacent to the elevated roadway, excluding frontage
and service roads.
This modification addresses the Commission's concern that properties located along
elevated intersections would all be 14 feet above the highest point of the road
regardless of where the business is located along the elevated roadway.
3. Vending Machine Sign age (Section 52, Page 32 of the proposed ordinance.)
At the direction of the City Commission, the Planning Department is proposing to
limit the amount of signage allowed on the front of vending machines to 35% of the
front of the machine, including the selection buttons. The previously proposed
amendment excluded the selection buttons.
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PLANNING DEPARTMENT REVISIONS
In addition to the amendments discussed above, the Planning Department has made five
more revisions to the proposed ordinance since the Community Development Board and
City Commission meetings. These revisions address the following:
. Maintenance of seawalls;
. Transfer of Development Rights;
. Address signage allowed in addition to total square footage of signage;
. Competent substantial evidence in appeal hearings; and,
. Fences on attached dwelling lots
ANALYSIS
1. Maintenance of Seawalls (Section 75, Page 37 of proposed ordinance.)
At the direction of legal council, the seawall maintenance provision has been
modified to specify that seawalls shall be maintained in a structurally sound condition
and shall comply with applicable building and coastal construction codes. The
original proposal did not identify who would be responsible for inspecting the
seawalls and what criteria would be used for that inspection. This revision also
addresses concerns raised by the Marine Advisory Board.
2. Transfer of Development Rights (Section 113, Pages 46-47, Section 114, Pages 47-
48, and Section 115, Page 48 of proposed ordinance.)
Based on input from the Pinellas Planning Council, the Planning Department is
proposing to make several minor editorial changes to the Transfer of Development
Rights regulations. Code Section 4-1402 is being revised to better identify the criteria
necessary to use Transfer of Development Rights. The proposed revision requires
such transfers to be in compliance with subsections 1, 2, 3 of the provision and
specifies that they are permitted only in circumstances outlined in either subsection 4
or 5. Proposed Code Section 4-1403.E is being revised to further identify that
development rights transferred from a Community Development District, Central
Business District, or other designated redevelopment area may be transferred only to
property located within the same designated redevelopment area.
Proposed Code Section 4-1403. C specifies that when reviewing height increases for
projects using transfer of development rights that compatibility with the surrounding
area and the viability of the project should be considered. The Planning Department
is recommending to replace "viability" with "feasibility" so it is clear that the criteria
is project feasibility and not solely economic viability.
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3. Address Signage Allowed in Addition to Total Square Footage of Signage
(Section 81, Page 38 of proposed ordinance.)
The Planning Department is proposing an amendment to the sign ordinance to clarify
that address signage is allowed in addition to the total permitted sign area.
4. Competent Substantial Evidence in Appeal Hearings (Section 102, Page 43 of
proposed ordinance.)
The Planning Department is proposing to revise Code Section 4-502.A to identify that
an appeal of a level one approval by an applicant or property owner must present
competent substantial evidence in the Levell review.
5. Fences on Attached Dwelling Units. (Section 45a, Page 30a Insert to proposed
ordinance. )
The current fence ordinance restricts fences on attached dwelling lots to four feet,
except along the boundary of the property. Based on the fact that many such
properties have existing six feet high fences, the Planning Department is proposing
this amendment to accommodate existing development and to allow privacy fences
within this type of development.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of goals, policies, objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and encourage
infill development.
. Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing
development incentives such as density bonuses for significant lot consolidation
and/or catalytic projects, as well as the use of transfer of developments rights
pursuant to approved special area plans and redevelopment plan.
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. Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the establishment of a
limited density pool of additional hotel rooms to be used in specified geographic
areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of
public rights-of-way when appropriate, transportation improvements, inter-beach and
intra-beach transit, transfer of development rights and the use of design guidelines,
pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines.
. Policy 2.1.3 - The area governed by Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines shall be recognized on the Countywide
Future Land Use map as a Community Redevelopment District. This area is bounded
on the north by the line dividing the block between Acacia Street and Somerset Street,
the Gulf of Mexico on the west, Clearwater Harbor on the east and the Sand Key
Bridge on the south, excluding Devon Avenue and Bayside Drive. Beachfront and
public property located adjacent to the Gulf of Mexico and the Intracoastal Waterway
with a Future Land Use designation of Recreation/Open Space shall be excluded from
the Community Redevelopment District.
. Policy 2.3.3 - The City of Clearwater shall continue to implement the Design
Guidelines, adopted in 1995, for all development within the Downtown District.
. Policy 3.2.1 - Land Uses on the Comprehensive Land Use Plan Map shall generally
be interpreted as indicated in the following table. The intensity standards listed in the
table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum
allowed for each plan category, except where otherwise permitted by special area
plans or redevelopment plan approved by the City Commission. Consequently,
individual zoning district, as established in the City's Community Development
Code, may have more stringent intensity standards than those listed in the table but
will not exceed the maximum allowable intensity of the plan category, unless
otherwise permitted by approved special area plans or redevelopment.
. Objective 4.1 - All signage with the City of Clearwater shall be consistent with the
Clearwater sign code, as found in the Community Development Code, and all
proposed signs shall be evaluated to determine their effectiveness in reducing visual
clutter and in enhancing safety and attractiveness of the streetscape.
. Policy 4.1.1 - Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for highway
safety and to allow the identification of business locations.
. Objective 4.2 - All development and redevelopment initiatives within the City of
Clearwater shall meet the minimum landscaping/tree protection standards of the
Community Development Code in order to promote the preservation of existing tree
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canopies, the expansion of that canopy, and the overall quality of development within
the City.
. Policy 22.2.7 - Transfer of development rights should be implemented to provide
alternatives to development and degradation of wetlands and other natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments include a broad range of regulations ranging from
permitted uses, numerical standards, flexibility criteria, procedures, enforcement and
definitions. The proposed amendments are consistent with the provisions of Section I-
103 that lists the purposes of the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
They also further the original redevelopment goals that established the Code. The
amendments permit certain uses in a wider range of zoning districts. They also provide
more appropriate development standards regarding marinas, signage and tree replacement
requirements. They also strive to improve community aesthetics through the additional
regulation of sign design and the limitation of the number of vending machines allowed
outside of a building. In many instances the proposed amendments promote more site-
specific solutions. These solutions ultimately promote economic development and
maintain high standards for development, which are essential in a community undergoing
redevelopment.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6928-02
which makes revisions to the Community Development Code.
Prepared by: Richard Kephart
ATTACHMENTS:
Proposed Ordinance No. 6928-02.
List of Community Development Code Issues (Revised Draft 3/07/02)
Final Plat Research
Comparison Chart of Sign Code
Tree Information from Alan Mayberry
Citizen/Board Comments
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ARTICLE 1.
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List of Community Development Code Issues
(Revised Draft 3/07/02)
GENERAL PROVISIONS
Zoning District Boundaries
(1) Sec. 1-109
ARTICLE 2.
Zoning District Boundaries. Establish method for how zoning
districts are drawn i.e. to the centerline of right-of-way. (Pages 2-3
of Ordinance)
ZONING DISTRICTS
District Use Categories Chart
(2) Sec. 2
Chart. Add title and section number to chart. Correct scrivener
errors in chart. Add social/public service agencies to "C", and "D"
Districts; add Neighborhood Conservation Overlay District to
chart; add Marinas and Marina facilities to the "I" District. Delete
Marina facilities from "0" Office District as it is not allowed.
[Pages 3-5 of Ordinance)
Division 1. Low Density Residential District
(3) Sec. 2-102
Minimum Standard Development Diae:rams. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 5 of
Ordinance]
Division 2. Low Medium Density Residential District
(4) Sec. 2-202
Pools and Screen Enclosures. Remove accessory "pools and screen
enclosures" from Table 2-202 "LMDR" District Minimum
Standard Development. These are already regulated as accessory
structures in the Minimum Standard Development Diagrams.
[Page 5 of Ordinance.]
Bold indicates major policy issues.
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Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Division 3. Medium Density Residential District
(6) Sec. 2-302
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Division 4. Medium High Density Residential District
(7) Sec. 2-402
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Division 5. High Density Residential District
(8) Sec. 2-502
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 6 of
Ordinance]
Division 6. Mobile Home Park
(9) Sec. 2-602
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Bold indicates major policy issues.
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Division 7. Commercial District
(10) Table 2-702 Revise Minimum Standard Development Table by deleting
Marinas, adding Social and Community Centers and revising
parking standards for Vehicle Sales and Displays from 2.5
spacesll 000 square feet of lot area to 2.5 spacesll 000 square feet
of sales lot area. Fix typographical error regarding rear setback in 1
retail sales and service from 120 feet to 20 feet. [Pages 6 - 7 of
Ordinance]
(11) Sec. 2-703 Revise Flexible Standard Development Standards Table by
deleting Marina Facilities, adding Social and Community
Center and revising parking standards for Vehicle Sales and
Displays from 2.5 spacesll 000 square feet of lot area to 2.5
spaces/lOOO square feet of sales lot area. [Pages 7-9 of Ordinance]
(12) Sec. 2-703.H Delete flexibility criteria for Marina Facilities. [Page 9 of
Ordinance)
(13) Sec. 2-703.Q Social and Community Centers. Add flexibility criteria for
Social and Community Center. [Page 10 of Ordinance)
(14) Sec. 2-703.S.1 Uti1itv Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 10 of Ordinance]
(15) Table 2-704 Flexible Development Table. Add Marina Facilities. [Page 11-
12 of Ordinance]
(16) Sec. 2-704.B Marina Facilities. Add flexibility criteria for Marina Facilities.
[Page 13 of Ordinance]
Division 8. Tourist District
(17) Table 2-802
Flexible Standard Development Table. Delete Marinas and add
Social and Community Centers. [Pages 14-15 of Ordinance]
(18) Sec. 2-802.E
Marinas. Delete flexibility criteria for marinas. [Page 16 of
Ordinance]
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(I9) Sec. 2-802.R.l Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 16 of Ordinance]
(20) Sec. 2-802.R Social and Community Centers. Add flexibility criteria for this
use. [Pages 16-17 of Ordinan cej
(21) Sec. 2-803.E Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. [Page 17 of Ordinance]
Division 9. Downtown District
(22) Sec. 2-902
(23) Sec. 2-902.E
(24) Sec. 2-902.P
(25) Sec. 2-902.0
(26) Sec. 2-903.H
Flexible Standard Development Table. Add Indoor
Recreation/ Entertainment and Social and Community Centers
as flexible standard uses. [Pages 17-18 ofOrdinancej
Indoor Recreation/Entertainment. Add flexibility criteria for this
use. [Page 18 of Ordinance]
Social and Community Centers. Add flexibility criteria for this
use. [Pages 18-19 of Ordin an cejl
Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 19 of Ordinance]
Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. [Page 19 of Ordinance]
Division 10. Office District
(27) Sec. 2-1003.M Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 19 of Ordinance]
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Division 12. Institutional District
(28) Sec. 2-1202 Minimum Development Standards Table. Delete Marinas as
minimum development use. [Pages 19-20 of Ordinance)
(29) Sec. 2-1203 Flexible Standard Development Standards Table. Delete
Marina Facilities and add Assisted Living Facilities, Nursing
Homes, Social Community Centers and Congregate Care as
flexible standard use. [Pages 20-21 of Ordinance]
(30) Sec. 2-1203.B Airport. Delete existing criteria and reference 1999 Airport Master
Plan study and permit short-term development projects identified
in the Plan as Flexible Standards Development and mid-term
development projects as Flexible Development projects. All
development at City's Airpark must relate to Airport Master Plan.
[Page 21-22 of Ordinance]
(31) Sec. 2-1203.F Marina and Marina Facilities. Delete flexibility criteria for
marina and marina facilities. [Page 22 of Ordinance)
(32) Sec. 2-1203 Flexibility Criteria. Add flexibility criteria for Assisted Living
Facilities, Nursing Homes, Social and Community Centers and
Congregate Care. [Page 23 of Ordinance)
(33) Sec. 2-1203.N Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 24 of Ordinance)
(34) Sec. 2-1204 Flexible Development Table. Add Marina and Marina
Facilities as a flexible development use. [Page 24-25 of
Ordinance)
(35) Sec. 2-1204.E Marinas and Marina Facilities. Add flexibility criteria for
marinas and marina facilities. [Pages 25-26 of Ordinance)
Division 13. Industrial. Research, and Technology District
(36) Sec. 2-1303
Flexible Standard Development Table. Revise parking
requirements for Vehicle Sales and Display and Major Vehicle
Sales/Displays from 1.5/1 ,000 square feet of lot area to 1.5/1 ,000
square feet of lot sales area in Flexible Standard Development.
[Pages 26-27 of Ordinance]
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Utili tv/Infrastructure Facilities. Remove flexibility criteria that
prohibits above ground utility structures that are located adjacent
to a street right-of-way. Continue to enforce setback requirements
as required. [Page 27 of Ordinance)
Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(38) Sec. 2-1601
ARTICLE 3.
Coachman Ridge Table 2-1601(D) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) from table and place as footnote "(2) Community
Residential Homes (6 or fewer residents) shall be considered a
detached dwelling." [Pages 27-28 of Ordinance)
DEVELOPMENT STANDARDS
Division 2. Accessory Use/Structure
(39) Sec. 3-201.BA Accessory Structures. Require that accessory structures be located
behind the front edge of the principal structure. This revision is in
conjunction with the deletions made to the minimum standard
development diagrams regarding accessory structures in the front
setback. [Page 28 of Ordinance]
(40) Sec. 3-201.B.10 Accessory Structures. Add new provlSlon requmng in-ground
pools 12 inches or less above grade to be considered as an
accessory structure and in-ground pools greater than 12 inches
above grade to be considered as principal structures. Renumber 3-
201.10 to 3-201.11 [Pages 28-29 of Ordinance]
Division 6. Dock Marina Standards
(41) Sec. 3-601.C.1.a Docks. Boats typically extend about 4' beyond davits. By
allowing davits to be exempt from the setbacks, situations may
occur where a boat hangs over the extended property line into
another property. Add provision that boats must remain
within property boundary lines. [Page 29 of Ordinance]
(42) Sec. 3-601
Multi-Use Docks. Add variance provisions for multi-use docks
500 square feet or smaller. [Page 29 of Ordinance]
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Division 7. Erosion and Siltation Control
(43) Sec. 3-702.B
Stabilization of Denuded Areas. Reduce current time frame that
allows construction sites to be left denuded from 60 days to 30
days after final grade is established. [Page 29 of Ordinance]
Division 8. Fences and Walls
(44) Sec. 3-804.A
(45) Sec. 3-804.B
(46) Sec. 3-805
Front Setback. Replace "setback" with "of a principal structure"
so fence regulations pertain to the area between the structure and
the property line instead of the setback. [Page of 30 ofOrdinanceJ
Side and Rear Setback Areas. Replace "in the required setbacks"
with "between the principal structure and any side or rear lot line.
This regulates fences between the structure and lot lines instead of
just in the setback. Add provision that permits fences in the "IRT'
District to be eight (8) feet in height. [Page 30 of Ordinance]
Chain Link Fences. Add new subsection "A" that prohibits
chain link fences in the Downtown District. Revise reference in
public and private recreational facilities subsection. [Pages 30-31
of Ordinance]
Division 9. General Applicability Standards
(47) Sec. 3-902.D
(48) Sec. 3-904
(49) Sec. 3-908.A
(50) Sec. 3-912.
Density Rounding. Add new provision that specifies that when
calculating lot area and/or density/intensity, these numbers cannot
be rounded up to the next whole number. [Page 31 of Ordinance]
Sight Visibility Triangle. Delete existing diagram and replace with
new simplified requirement that the visibility triangle is measures
twenty (20) feet back for the edge of the property line. [Page 31 of
Ordinance]
Roof Overhang. Specify that roof overhangs and eaves may extend
40% into the required setback or 10 feet whichever is less, or 10
feet in the "e", "T", or "D" districts. [Page 31 ofOrdinanceJ
Outdoor Display/Storage. Delete provision allowing goods and
materials to be stored in manner not visible from the public right-
of-way or adjacent properties. [Page 31 ofOrdinanceJ
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(52) Sec. 3-916.C
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Uses Involving Vehicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas. [Page
31 of Ordinance]
Vendin2 Machines. Add new provision that limits the number
of vending machines that may be located outside and the
amount of sign age on each machine. [Page 32 of Ordinance]
Division 12. Landscaping/Tree Protection
(53) Sec. 3-1202.B.1 Minimum Plant Material Standards. Change requirements from
"Shade Tree 12' height, 4" caliper" to "Shade Tree 10', 2.5" in
caliper." Smaller trees adjust better than larger trees, use less water
to stabilize and are more readily available and less costly than
larger trees. [Pages 32-33 of Ordinance]
(54) Sec. 3-1202.C.1 Irrigation. Require irrigation systems to be permanent. [Page 33 of
Ordinance]
(55) Sec. 3-1204.D Perimeter Buffers. Change perimeter buffer standards to require
the installation of concrete curbing "and" wheel stops. [Page 34 of
Ordinance]
(56)Sec. 3-1205.B.2.a Criteria for Issuance of Tree Permit. Expand criteria used to
evaluate tree removal permits to include "species, tree structure,
competition" in addition to disease, insect attack, danger of falling,
proximity to proposed structures and interference with utilities.
[Page 34 of Ordinance]
(57) Sec. 3-120S.D.3. Replacement of Protected Trees and Palms. Add provision that
gives the Community Development Coordinator authority to
exempt certain trees from replacement based on species,
health, hazards and other conditions. (This provision is
proposed instead of 25% credit for developed property discussed at
Commission Worksession - see staff report.) [Page 34 of
Ordinance]
(58) Sec. 3-1205.D
.5.g
Wavier of Replacement Trees' Specifications. Replace "City
Manager" with "Community Development Coordinator" and delete
"size". (Added after 1/7/02 Commission Workshop - deleted
"size" because amendments include provision reducing the
required size of trees from 4" in caliper to 2.5" in caliper) [Page
34 of Ordinance]
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(59)Sec. 3-l205.D.5.hWaiver of Replacement Requirement. Add new provision giving
the Community Development Coordinator authority to exempt the
city from the tree replacement requirements for public utilities
projects. [Page 34 of Ordinance]
(60) Sec. 3-l205.G Proper Tree Care. Add new subsection specifying that it is
unlawful to use tree spikes or other devices which damage tissue of
protected trees." [Page 34 of Ordinance]
Division 13. Outdoor Lighting
(61) Sec. 3-1302
Site Lighting. Remove reference to "parcel proposed for
development" throughout section and replace with "parcel of land"
to address existing lights on parcels. [Page 35 of Ordinance]
Division 14. Parking and Loading
(62) Sec. 3-1401.C Parkin!! Demand Study. Add prOVIsIon that requires all
parking demand studies for reduced parking to be reviewed
and approved by the Community Development Coordinator.
[Page 35 of Ordinance]
(63) Sec. 3-l403.A Permanent Surface. Add "spaces" to this subsection so that all
parking areas are required to be paved. [Page 35 of Ordinance]
(64) Sec. 3-1403.Rl Grass Surface. Delete references to multi-family and non-
residential uses. [Page 35 of Ordinance]
(65) Sec. 3-l407.A.
.1.d
Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-l407.A.3. [Page
35 of Ordinance]
(66) Sec. 3-l407.A.2
Parking Restrictions in Residential Areas Within Setback Area
from Street Right-of-Way. Replace phrase "within any required
setback area from a street right-of-way" and replace "in front of
any portion of the principal structure." (Submitted by Dave
Campbell to address properties where the building is setback
greater than the required setback.) [Page 36 of Ordinance]
(67)Sec. 3-l407.A.2.d.Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-1407 .A.3. [Page
36 of Ordinance]
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(68) Sec. 3-1407.AA Parking on the Grass. Give subsection title and add "to and parallel
after "adjacent" to better identify the location of the permitted
parking space on the grass. [Page 36 afOrdinance]
(69) Sec. 3-1407.A.5 Grass Surface. Add new subsection entitled "Prohibition of
Parking on Unpaved Areas that states "No parking, displaying, or
storing of vehicles, trailers and/or boats shall be permitted on any
grass surface or other unpaved area zoned for any use unless
specifically authorized in this section." [Page 36 of Ordinance]
(70) Sec. 3-1407.B.2 LoadingfUnloadingfWashing of Vehicles. Revise time allowed
from loading, unloading or cleaning of vehicles from six hours to
twenty-four hours. (Added after 01-07-02 Commission
Worksession.) [Page 36 of Ordinance]
Division 15. Property Maintenance Standards
(71) Sec. 3-1502.C.3 Property Maintenance Requirements for Windows. Delete
"storefront" from this provision so that all ground level windows
facing a public right-of-way must be properly maintained. [Page
37 of Ordinance]
(72) Sec. 3-1502.G.l Exterior Storage and Display for Residential Properties. Delete part
of section that states goods and materials may not be stored in a
manner visible from the public right-of-way or abutting property.
This change was also made in Section 3-912. [Page 37 of
Ordinance]
(73) Sec. 3-1502.G.3 Exterior Storage and Display for Residential Properties. Change
"may" to "shall" to clarify that materials are not permitted to be
stored outside. [Page 37 of Ordinance]
(74) Sec. 3-1502.K.4 Parking Surfaces. Add "and driveway" after "parking lot" to
require the maintenance of driveways. [Page 37 of Ordinance]
(75) Sec. 3-1502.L Seawalls. Add subsection "L" "Maintenance of seawalls. All
seawalls shall be maintained in a structurally sound condition
and shall comply with applicable building and coastal
construction codes." [Page 37 afOrdinance]
(76) Sec. 3-1503.B.5 Nuisances. Change current wording "untended and/or unfenced
swimming pools" to "hazardous swimming pools." [Pages 37-38
of Ordinance]
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(77)Sec.3-1503.B.8 Nuisances (Ri2:ht-of-Wav Maintenance). Replace "weeds or
trash" with "weeds, shrubs, vegetation, trash, or any other
obstruction extend." This will require the removal of a wider
variety of debris from the sidewalks. [Page 38 of Ordinance]
(78)Sec.3-1503.B.I0 Nuisances (Right-of-Way Maintenance). Add "or easement" after
"dedicated right-of-way." [Page 38 of Ordinance]
(79)Sec. 3-1503.B.13Nuisance (Seawalls). Add new subsection declaring un-
maintained seawalls as a nuisance. [Page 38 of Ordinance]
DIVISION 18 - SIGNS
(80) Sec. 3-1803.L Prohibited Signs- Signs on Public Land. Correct typographical
error- change "Manger" with "Manager." [Page 38 of Ordinance]
(81) Sec. 3-1805.A Signs Permitted Without a Permit - Address. Clarify that address
sign shall be allowed in addition to the total square footage of
signage footage allowed in Section 3-1806. [Page 38 of
Ordinance)
(82) Sec. 3-1805.S Signs Permitted Without a Permit - Sign Face Change. Replace
"sign message" with "sign panels" and further clarify that lawful
noncommercial message is allowed. [Page 39 of Ordinance]
(83) Sec. 3-1806.B Permitted Signs Requiring Development Review - Non-Residential
~ Require architectural coordination for all signs and require
master sign program for shopping centers and office parks. [Page
39 of Ordinance]
(84)Sec.3-1806.B.1.a Non-residential - Freestandin2: Si2:ns. Add that sign area is
measured from the road frontage which results in the greatest
square footage. [Page 39 o/Ordinance]
(85) Sec. 3-1806.B.
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Non-Residential - Freestandin2: si2:ns. Increase the minimum
area of free-standing signs from 10 square feet to 20 square
feet. (Added After 01-07-02 Commission Worksession) [Page
39 of Ordinance]
(86)Sec.3-1806.B.1.h Non-Residential Si2:ns - Signs at Elevated Intersections. Permit
freestanding signs 14 feet above the highest point of the road
adjacent and perpendicular to sign location. [Page 39 0/
Ordinance]
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(87) Sec. 3-1806.B.3 Non-Residential - Attached signs. Clarify calculations for attached
signage is based on the fayade of the building to which the sign is
to be attached. Increase the minimum area for attached signs to 20
square feet; add that signs for second story or above businesses in
the Downtown and Tourist District may be approved if they meet
all other criteria for attached signage. Expand current provisions
for multi-use buildings to require sign changes on buildings that
have signs of a like design to be evaluated based on likeness of
existing sign types. Changes to individual signs shall be reviewed
for compliance with established theme of surrounding signage.
Add new provision that specifies projecting signage is permitted in
the T and D Districts as attached signs and must be 8' above
sidewalks. [Pages 39-40 of Ordinance)
(88) Sec. 3-1807.B Permitted Signage through Comprehensive Sign Program. Strike
through entire section to reformat subsequent subsections. Add
information from previous paragraph and add sentence that
prohibited signs in Section 3-1803 are not eligible for the
comprehensive sign program. Add another subsection requiring
that all signs are to be reviewed under a comprehensive sign
program and there may be flexibility in reviewing master sign
programs for shopping centers/office parks. Interior site
directional signs may be permitted and up to six feet in height.
[Pages 40-41 of Ordinance]
(89)Sec.3-1807.C.1.bComprehensive Sign Program - Design Requirements. Require all
signs in a comprehensive sign program to be architecturally
integrated and coordinated. [Page 41 of Ordinance]
(90)Sec.3-1807.C.2. Comprehensive Sign Program - Freestanding Sign. Clarify that the
maximum height of freestanding signs under a comprehensive sign
program is 14 feet, depending on the design. [Page 41 of
Ordinance]
(91) Sec. 3-1807.C.4 Comprehensive Si2:n Pro2:ram -Area of Si2:n Faces. Clarify that
attached signs may be up to five percent of the building fa<<;ade
to which they are attached and that freestanding signs shall not
exceed two times the total area of sign faces permitted under
the minimum sign standards. (Revised after 01-07-02
Commission Worksession.) [Pages 41-42 of Ordinance)
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(92) Sec.3-1807.C.9. Add that the Community Development Coordinator will consider
many criteria when determining number and location of attached
and freestanding signs, including: overall site size, frontage,
access, visibility to site, intended traffic circulation pattern,
hierarchy of signage and submittal of a master sign plan. [Page 42
of Ordinance)
Division 21. Temporary Uses
(93) Sec. 3-2103.B.3 Portable Storage Units. Clarify that required sticker must reflect the
most recent delivery date. [Page 42 of Ordinance)
(94) Sec. 3-2103.B.3 Portable Stora2:e Units. Add provision for Community
Development Coordinator to allow portable storage units in
emergency situation for 15 days with possible extension of
additional 15 days if needed. [Page 42 of Ordinance)
ARTICLE 4. DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Division 2. General Procedures
(95) Sec. 4.202.A Application for Development Approval. Deleted exception allowed
for fence permit applications. [Page 42 of Ordinance)
(96) Sec. 4-202.A.7 Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications." [Page 42 of Ordinance]
(97) Sec. 4-202.A. Application for Development Approval. Add requirement that site
II.y. plan submittals must identify type and placement of all signage.
[Pages 42-43 of Ordinance]
(98) Sec. 4-202.A.25 Application for Development Approval. Revise to require signed
and sealed survey for all proposed development. [Page 43 of
Ordinance)
(99) Sec. 4-206
Permitted Uses: Level One Chart. Remove "development" and
replace with "standard" on notice to adjacent property owners.
[Page 43 of Ordinance]
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(100)Sec. 4-206.C.2.e Public Hearings. Revise posting of sign requirements to only apply
for Level Three approvals. "For level three approvals
only.. .proposed for development." [Page 43 of Ordinance)
(101) Sec. 4-206.D.5 Public Hearings. Add provision to require that any expert witness
shall submit a resume for the record before and/or during the
public hearing. [Page 43 of Ordinance)
Division 5. Appeals
(102) Sec. 4-502.A. Application/notice of appeal. Change to applicant or property
owner within required notice area and who presented competent
and factual evidence in the Level 1 review. (Added after 01-07-02
Commission Worksession) [Page 43 of Ordinance]
(103) Sec. 4-502.B. Application/notice of appeal. Add "by" any person to clarify that
party status is granted if person had submitted competent and
factual evidence in the Level 1 review would be granted party
status in appeal. (Added after 01-07-02 Commission Worksession)
[Pages 43-44 of Ordinance]
(104) Sec. 4-504.B. Community Development Board - Appeals. Clarify that if an
appeal is not removed from the consent agenda, the decision by the
Community Development Coordinator is confirmed as part of the
consent agenda, by a vote of the majority of the members of the
board. (Added after 01-07-02 Commission Worksession) [Page 44
of Ordinance)
(J 05) Sec. 4-505.A Hearin2: Officer Appeals. Revise to clarify that no discovery or
depositions can occur during an appeal, however, new
witnesses may be presented. [Page 44 of Ordinance]
(J 06) Sec. 4-505.D Hearin2: Officer Appeals. Revise paragraph "D" to describe
the format of the Hearing Officer's final decision. [Pages 44-
45 of Ordinance]
Division 6. Level Three Approvals
(107) Sec. 4-602.A Zoning Atlas Amendments. Delete all but last sentence. This was
moved to Section 1-109. [Page 45 of Ordinance)
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Division 7. Subdivisions!Plats
(108) Sec. 4-702 Required approvals. Remove last sentence of paragraph. [Page 45
of Ordinance]
(109) Sec. 4-708.C Recordin2: of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Change will require
plats to be recorded prior to building permit being issued.
[Page 45 of Ordinance]
Division l2. Tree Removal Permit
(J 10) Sec. 4-1202.A.4Removal Permit Application. Remove this requirement as it
duplicative as the signature on a removal permit application is a
Level 1 approval and conducted at that stage. Renumber remaining
sections. [Page 46 of Ordinance]
Division 13. Land Clearing and Grubbing
(J 11) Sec. 4-1301
Permit Required. Remove "except when.. .redevelopment project."
Section 3-1913.A requires a permit for removal of existing
structures. [Page 46 of Ordinance]
Division 14. Transfer of Development Rights
(112) Sec. 4-1401
(113) Sec. 4-1402
Transfer of Development Ri2:hts. Add to Purpose and
authority section two (2) areas for TDR: TDRs may be used in
the following situations: (1) to implement the goals and policies
of redevelopment plans and/or special area plans approved by
the City, the Pinellas Planning Council, and the Countywide
Planning Authority; (2) to protect designated environmental,
open space, archaeological, historical or architecturally
significant sites. [Page 46 of Ordinance]
Transfer of Development Ri2:hts. Add provIsion to require
consent of mortgage holder with application for transfer of
development rights and require sending site to meet property
maintenance standards(submitted by City Commission.)
[Pages 46-47 of Ordinance]
(114) Sec. 4-1403.C Transfer of Development Ri2:hts. Revise subsection 1. Add
provision, which requires a reasonable relationship between
the number of units transferred, and any increases in building
height. Also consider compatibility with surrounding area and
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feasibility of the project. (Submitted by City Commission)
[Pages 47-48 0/ Ordinance]
(115) Sec. 4-1403.E Transfer of Development Ri2:hts. Clarify that TDRs can only
be sent and received in a designated CRAs/CRDs or can be
used to protect historical or environmentally sensitive areas.
Also specify that TDRs sent from the mainland must remain on
the mainland and those sent on the barrier islands must
remain on the islands. These changes are consistent with the
Countywide Rules. [Page 48 of Ordinance]
ARTICLE 6. NONCONFORMING PROVISIONS
(116) Sec. 6-102.B Nonconforming Structures. Define permitted maintenance as it
relates to nonconforming structures. [Page 48 of Ordinance)
(117) Sec. 6-104.B Nonconforming Sign. Remove "changeable copy" from definition.
Change "non-conforming" to "nonconforming." [Page 48 of
Ordinance]
ARTICLE 7. ENFORCEMENT
PENALTIES
PROCEEDINGS
AND
(J 18) Sec. 7-102.C Correction of Violation. Repeal this Section to comply with State
Statutes and allow the board to review a case and take action for
record. [Page 48 a/Ordinance]
ARTICLE 8. DEFINITIONS AND
CONSTRUCTION
RULES
OF
(J 19) Sec. 8-102
Accessory Structure. Add definition "4) is detached from principal
structure." [Page 49 of Ordinance)
Lot, Corner. Revise definition of "Lot, Corner" because it is
combined with "Lot, Double Frontage." Separate the two and place
Lot, Double in its own definition to correct scrivener error.JPage
49 of Ordinance]
Bold indicates major policy issues.
16
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Parcel of Land. Add: as determined by the Community
Development Coordinator. [Page 49 of Ordinance]
Repeat Violator. Add: "... violation of a provision of a code lli
person who has been previously..." [Page 49 of Ordinance]
~ Add that except for banners, flags and temporary and
portable signs, all signs must be permanently affixed to, and/or
incorporated into, the sign cabinet, building wall or other base
material. All signs must be designed to be permanent. [Page 49 of
Ordinance]
Sign, Abandoned. Delete" or obsolete conforming" and add "sign
and/or structures" after reference to any sign. [Page 50 of
Ordinance]
Sign, Area. Add that attached signs are based on the smallest
geometric shape(s) around the graphic/text. For sign cabinets it is
based on the entire cabinet. [Page 50 of Ordinance]
Sign, Attached. Delete "mansard roof/walls" and add "projecting"
in the definition. [Page 50 of Ordinance]
Si2:n. Maintenance. Establish maximum amount of
improvements that can be made to nonconforming signs (50%
of the value of the structure). If improvements exceed
threshold, sign structure must be replaced with conforming
sign structure. [Page 50 of Ordinance]
Sign, Portable. Add definition for sign, portable as follows: Sign,
portable means a sign, which is not permanently fixed to the
ground or a structure utilizing standard construction procedures,
and/or materials that will not deteriorate, or a sign that is
transported over or parked along or next to a public right of way.
[Page 50 of Ordinance]
Sign, Vehicle. Revise definition to clarify that vehicle conducting
daily business are not violating code. (Added after 1/7/02
Commission Worksession) [Pages 50-51 of Ordinance]
Temporary Uses. Clarify that temporary sales must be related to
principal use sales. [Page 51 of Ordinance]
Bold indicates major policy issues.
17
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Public Hearing & after ordinance preparation
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Violator. Clarify definition of violator to Code Enforcement, quasi
- judicial or judicial process. [Page 51 of Ordinance]
(120) Sec. 8-102
Sign, Directional. Replace graphic with better illustration of
directional sign. See Exhibit B. [Page 51 of Ordinance)
(121) Sec. 8-102
Sign, Freestanding. Replace graphic with better illustration of
freestanding sign. See Exhibit C. [Page 51 of Ordinance)
Bold indicates major policy issues.
18
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S:\Planning Department\2002 Code AmendmentsINEW Community Development Code Issues 3MARCH02.doc
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ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
COMPREHENSIVE AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL
PROVISIONS BY ADDING A PROVISION REGARDING ZONING
DISTRICT BOUNDARIES; AMENDING ARTICLE 2, ZONING DISTRICTS,
BY REVISING THE MINIMUM STANDARD DEVELOPMENT
DIAGRAMS IN ALL RESIDENTIAL ZONING DISTRICTS; AMENDING
ARTICLE 2 ZONING DISTRICTS, BY ADDING, DELETING, AND/OR
REVISING USES, DIMENSIONAL, AND/OR FLEXIBILITY CRITERIA IN
THE LOW MEDIUM DENSITY RESIDENTIAL DISTRICT, COMMERCIAL
DISTRICT, TOURIST DISTRICT, OFFICE DISTRICT, INSTITUTIONAL
DISTRICT, INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICT,
AND THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, BY MAKING REVISIONS TO THE DEVELOPMENT
STANDARDS WITH REGARD TO ACCESSORY USE/STRUCTURES,
DOCK/MARINAS, EROSION AND SILTATION CONTROL, FENCES AND
WALLS, GENERAL APPLICABILITY STANDARDS, LANDSCAPING/
TREE PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING,
PROPERTY MAINTENANCE STANDARDS, SIGNS, AND TEMPORARY
USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO PROCESS APPLICATIONS
FOR DEVELOPMENT APPROVAL, APPEALS, SUBDIVISIONS/PLATS,
TREE REMOVAL PERMIT, LAND CLEARING AND GRUBBING, AND
TRANSFER OF DEVELOPMENT RIGHTS; AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN THE
NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE
7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY MAKING
CHANGES IN THE MUNICIPAL CODE ENFORCEMENT
BOARD/SPECIAL MASTER HEARING PROCEDURES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY
ADDING AND REVISING DEFINITIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21,
1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all zoning districts in all parts of the City and
which utilize Minimum Standard, Flexible Standard, and Flexible levels of review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standards, procedures, and zoning districts which need
amendment to more fully implement the redevelopment intent of the Code; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local
Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public
Ordinance No. 6928-02
.
.
.;
testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive
Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the Community
Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 1. General Provisions. Section 1-109. Zoning Atlas is hereby amended by
adding subsection 1-109. Zoning Atlas as follows:
Section f-109. Zoning atlas.
A. The Zoning Atlas of the City of Clearwater consists of a map of the city,
published in the form of an atlas or book containing a title and summary
page and additional separate sheets, each covering a portion of the city,
depicting all real property within the city and designating the various
zoning districts and the boundaries thereof. The zoning atlas shall be in
sufficient detail so that property owners may locate their properties with
respect to the zoning district boundary lines. The zoning atlas shall be
available for inspection and examination by members of the public at all
reasonable times as anv other public record. The zoning atlas is not
included herein, but such atlas is on file and available for inspection in
the Planning Department.
B. Interpretation of district boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the zonmg atlas, the
following rules shall apply:
1. Delineation of boundaries. Zoning district boundaries are
shown as heavy lines upon the zoning atlas and are
superimposed upon lighter lines designating section lines,
fractional section lines, platted lot lines, streets, city limits and
other physically identifiable ground features or extensions of
same, unless other specific distances in feet or other angles,
bearings, radii and other references to a boundary location are
specified.
2. Boundaries in streets. Zoning district boundary lines when
located in streets or other public right-of-ways shall be
interpreted as located on the centerline of such rights-of-ways.
10 Interruotion of boundary lines. Boundary lines which are
intenupted to show street names or other identification numbers
or letters upon the official zoning atlas shall be interpreted as
extending through such identifications unless otherwise
specified.
2
Ordinance No. 6928-02
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4. Shore, seawall or bulkhead lines. Zoning district boundary lines
shall be construed to follow such shore, seawall or bulkhead
lines, and in the event of change in the shore, seawall or
bulkhead lines, shall be construed as following the changed
shore, seawall or bulkhead line: boundaries indicated as
approximately following the center lines of streams, rivers,
canals, lakes or other bodies of water shall be construed to
follow such center lines.
~ Boundary line unclear. When the exact location of a zoning
district boundary line is not clear, its location shall be
determined by the Community Development Coordinator using
the following criteria in order of importance: the appropriate
ordinance as passed by the City Commission: the Future Land
Use Plan (FLUP) boundary line: and historical development
patterns.
C. Zoning of annexed properties. Property annexed to the City shall be
rezoned through the city ordinances, the zoning classification which
most closely relates to the Pinellas County zoning classification, as
determined by the Community Development Coordinator, in effect at the
time of such annexation and the City zoning atlas referred to in Section
1-109.A shall be amended or posted accordingly.
Section 2. Article 2. Zoning Districts, Section 2, District Use Chart is hereby amended as
follows:
Chart 2-100 Permitted Uses
Use Categories LDR LMDR MDR MHDR~ T D ~OSR P CRNCOD
tResidential If; ,",' :: ,,", :: '::::, """., >' .,,"., ::.."".,:.,.",.// "..,m.,
:: ','..,'" ,,'
tDetached dwellings X X X X X X X
Attached dwellings X X X X X X
Accessory dwellings X X X X X X
Community residential X X X X X X X
homes
Mobile home X
Mobile home park X
Residential infill project X X X X X
Nonresidential . ,.. . , ..,
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal grooming and X X X
boarding
Assisted living facilities X X X X
Auto service stations X X
Cemeteries X
Comprehensive infill X X X X X X X
3
Ordinance No. 6928-02
.
.
,
edevelopment project
( CIRP)
Congregate care X X X X
Convention center X
Educational facilities X X X X
Governmental uses X X X X X
Halfway houses X
Hospitals X
Indoor X X X
ecrea ti on! entertainment
Light assembly X
Limited vehicle sales/display X X
Limited vehicle service X
Manufacturing X
Marinas X X X X X
Marinas facilities X X X ~ X
Medical clinic X X X X
Mixed use X X
Nightclubs, taverns and bars X X X X
lNon-residential parking X X X X
lNursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor X X X X X X
ecreation! entertainment
Outdoor retail sales, display X X
and/or storage
Overnight accommodations X X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation X X X X X X X X X X X X
facilities
Places of worship X X X X
Problematic use X
'Public facility X X
Public transportation X X X X X X X X
facilities
Research and technology use X
!Residential shelters X X X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yard X
Schools X X X X X X X
Self-storage warehouse X X
Sidewalk vendors X X
4
Ordinance No. 6928-02
"
.
.
Social and community X X X X
centers
Social/public service X X X X X X
agencIes
Telecommunications towers X X X X X
TV/radio studios X X
ru ti li ty / infrastructure X X X X X X X X X X X X X X
facilities
Vehicle sales/displays X X
Vehicle sales/displays, majOI X
Vehicle service X
Vehicle service, major X
Iv eterinary offices X X X
iWho lesal e/ distribution/ware X
Ihouse facility
Section 3. Article 2. Section 2-102 Low Density Residential District ("LDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to "Det
swimming pool" and replacing it with "accessory structures."
Section 4. Article 2. General Provisions, Table 2-202 "LMDR" District Minimum Standard
Development, is hereby amended as follows:
Table 2-202. "LMDR" District Minimum Standard Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft.) (ft.) Parking
(ft.)
Front Side Rear (1)
Accessory -W
pools and
S€reefl
enclosures
Community 5,000 50 25 5 15 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 15 30 2/unit
Dwellings
5
Ordinance No. 6928-02
.
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Section 5. Article 2. Section 2-202 Low Medium Density Residential District ("LMDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 6. Article 2. Section 2-302 Medium Density Residential District ("MDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 7. Article 2. Section 2-402 Medium High Density Residential District ("MHDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 8. Article 2. Section 2-502 High Density Residential District ("HDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 9. Article 2. Section 2-602 Mobile Home Park ("MHP") Minimum standard development
diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the diagram and
revising "accessory uses" to "accessory structures" and deleting reference to "swimming pool" and
replacing it with "accessory structures."
Section 10. Article 2. Division 7. Commercial District, Section 2-702, Table 2-702 "c" District
Minimum Development Standards, is hereby amended as follows:
Table 2-702. "C" District Minimum Development Standards I
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.) (ft.) (ft.) Parking Spaces
(sq. ft.) (ft.)
Governmental Uses 10,000 100 25 25 10 20 4/1 ,000 SF GF A
(1)
Indoor Recreation/ 10,000 100 25 25 10 20 5/1 000 SF
Entertainment GFA or
5/1ane, 2/court
or 1/machine
Marinas ~ W U B -W ~ 1 space pcr 2
~
Offices 10,000 100 25 25 10 20 4/1,000 SF GFA
6
Ordinance No. 6928-02
"
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Overnight 40,000 200 25 25 10 20 l/unit
Accommodations
Parks and n/a n/a 25 25 10 20 1 per 20,000 SF
recrea ti onal land area or as
facilities determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Places of Worship 40,000 200 25 25 10 20 1 per 2 seats
Restaurants 10,000 100 25 25 10 20 15/1,000 SF
GFA
Retail Sales and 10,000 100 25 25 10 +W 5/1,000 SF GFA
Services 20
Social and 10,000 100 25 25 10 20 5/1.000 SF GFA
Community Centers
Vehicle 40,000 200 25 25 10 20 2.5/1,000 SF
Sales/Display LOT SALES
AREA
Section 11. Article 2. Division 7. Commercial District, Section 2-703, Table 2-703 "C" District
Flexible Standard Development Standards is hereby amended as foIIows:
Table 2-703. "C" District Flexible Standard Development Standard~
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.) * (ft. ) (ft.) Parking
(sq. ft.) (ft.)
lAccessory In/a n/a n/a n/a n/a n/a 1 space per
!Dwellings unit
Adult Uses 5,000 50 25 ~5 10 ?O 5 per 1,000
GFA
Alcoholic 10,000 100 25 ~5 10 ')0 5 per 1,000
Beverage Sales iGFA
Automobile 10,000 100 25 25 10 20 5/1,000 SF
Service Stations GFA
Educational ~O,OOO 200 25 25 10 20 1 per 2
Facilities students
7
Ordinance No. 6928-02
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Governmental 10,000 100 25--50 25 10 20 14 spaces per
Uses (1) 1,000 GFA
ndoor Recreationl 10,000 100 25 25 10 20 3-5/1 000 SF
Entertainment GFA
or 3- 5/1ane,
1-2/court or
1/machine
x. . .,.... '". I,.. AAA "'IA AAA W ~ ~ W ;W 11 ..,
, ,~~~ ~ r
Medical clinics 10,000 100 25 25 10 )0 2-3/,1000
GFA
Nightclubs 10,000 100 ~5 25 10 ~O 10 per 1,000
GFA
Offices 10,000 100 25--50 75 0--10 10--20 3--4 spaces
per 1,000 GFA
Off Street Parking 10,000 100 n/a ~5 10 )0 n/a
Outdoor Retail 20,000 100 25 ~5 10 70 10 per 1,000
Sales, Display ofland area
and/or Storage
Overnight 20,000-40,000 150- ~5--50 25 0--10 10--20 1 per unit
iAccommodations 200
!Places of Worship 20,000-40,000 100- 25--50 25 10 20 .5-1 per 2
(2) 200 seats
Public n/a n/a 10 ala n/a n/a n/a
Transportation
Facilities (3)
Restaurants 5,000--10,000 50- -100 25--35 25 0--1 0 10--20 7 --15 spaces
per 1,000 GF A
Retail Sales and 3,500--10,000 35-100 ~5-35 25 0--1 0 10--20 4-- 5 spaces per
Services 1,000 GFA
Social and 3500--10000 35-100 25-35 f2 0--1 0 10--20 4--5 SDaces Der
~
Community Center 1000 GFA
Utility Inla nla 20 25 10 70 n/a
Infrastructure
Facilities (4)
Vehicle 20,000--40,000 150-- 25 75 10 20 ~,5 spaces per
SaleslDisplays 200 1,000oflot
~ area
8
Ordinance No, 6928-02
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eterinary Offices 10,000
or Animal
Grooming and
oarding
100
25
25
10
spaces per
1,000 GFA
Section 12. Article 2. Division 7. Commercial District. Section 2-703 is hereby amended by
deleting flexible criteria for Marina Facilities re-lettering the subsequent subsections as appropriate:
* * * *
H. Marine f61cilitics.
1. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a. The north end of Clearvlater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Cleanvater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of ,'\lligator Lake.
2. No commercial activities other than the mooring of boats on a rental
basis shall be permitted on any parcel of land which is contiguous to a
parcel of land '.'/hich is designated as residential in the Zoning ,A~tlas,
unless the marina facility is totally screened from vie'.'l from the
contiguous land ',vhich is designated as residential and the hours of
operation of the commercial activities are limited to the time period
bet\veen sunrise and sunset.
3. Lot arcs: The parcel proposed for development was an existing lot of
less than 20,000 square feet and was not in common ownership ","ith any
contiguous property on May 1, 1998 or the reduction in lot width will
not result in a facility '.vhich is out of scale with existing buildings in the
immediate vicinity of the parcel proposed for de'/elopment.
* * * *
9
Ordinance No. 6928-02
.
.
Section 13. Article 2. Division 7. Commercial District ("C"). Section 2-703. is hereby amended
by adding Social and Community Center and renumbering the subsequent subsections as appropriate:
Q. Social and Community Centers.
1. The parcel proposed for development does not abut anv property
designated as residential in the Zoning Atlas.
2. Front Setback: The reduction in front setback results in an improved
site plan or improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is
necessary to preserve protected trees and/or results in an improved site
plan or more efficient design and appearance and results in landscaping
in excess of the minimum required.
4. Lot size and width: The parcel proposed for development was an
existing lot of less than 10,000 square feet and was not in common
ownership with anv contiguous property on May 1, 1998.
5. Height:
a. The increased height results in an improved site plan,
landscaping areas in excess of the minimum required or
improved design and appearance:
b. The increased height will not reduce the vertical component of
the view from anv contiguous residential property.
6. Off-street varking: The physical characteristics are such that the likely
uses of the property will require fewer parking spaces per floor area than
otherwise required or that the use of significant portions of the building
will be used for storage or other non-parking demand-generated
purposes.
Section 14. Article 2. Division 7. Commercial District, Section 2-703.S.Utilitylinfrastructure
facilities is hereby amended as follows and renumbering the subsequent subsections as appropriate:
1. No abo';e ground structures are located adjacent to a street right of '.yay;
10
Ordinance No. 6928-02
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* * * *
Section 15. Article 2. Division 7. Commercial District. Section 2-704, Table 2-704 "C" District
Flexible Development Standards is hereby amended as follows:
Table 2-704. "C" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Front Side Rear Off-Street
(sq. ft.) Width Height (ft.) (ft.) (ft.) Parking
(ft.) (ft.)
Alcoholic beverage 5,000--10,00 50--100 25 15--25 0-10 10 --20 5 per 1,000 GFA
sales 0
Comprehensive n/a n/a n/a N/a n/a n/a Determined by the
Infill Community
Redevelopment Development
Proj ect (1) Coordinator based
on the specific use
and! or ITE
Manual standards
Light assembly 5,000- 50--100 25 15--25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Limited vehicle 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
servIce 10,000 1,000 GFA
Marina Facilities 5,000--20,00 50 25 25 1Q 20 1 space per 2 slips
0
Mixed use 5,000- 50--100 25- 50 15--25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Nightclubs 5,000--10,00 50--100 25 15- -25 0-10 10--20 10 per 1,000 GFA
0
Offices 5,000--10,00 50--100 25--50 15 - -25 0-10 10--20 3--4 spaces per
0 1,000 GFA
Off-street parking 10,000 100 n/a 15-- 25 0-10 10-20 n/a
11
Ordinance No. 6928-02
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Outdoor 20,000 100 25 15 --25 10 10- -20 1--10 per 1,000
Recreation/ SQ FT of land
Entertainment area or as
determined by the
Community
Development
Coordinator based
on ITE Manual
standards
Overnight 20,000- 100--200 25--50 15 --25 0-10 10--20 1 per unit
Accommodations 40,000
Problematic Uses 5,000 50 25 15 - -25 10 10- -20 5 spaces per 1,000
SF GF A
Restaurants 3500- 35--100 25--50 15 --25 0-10 10--20 7 --15 spaces per
10,000 1,000 GFA
Retail sales and 5,000- 50--100 25--50 15 - -25 0-10 10--20 4--5 spaces per
servIces 10,000 1,000 GFA
R V Parks 40,000 200 25 15 - -25 20 10--20 1 space per RV
space
Self Storage 20,000 100 25 15 - -25 10 10---20 1--10 per 1,000
SQFT
of land area
Social/public 5,000- 50--100 25 -- 15- -25 0-10 10--20 3-4 spaces per
service agencies(2) 10,000 50 1,000 GFA
Telecommunicatio 10,000 100 Refer 25 10 20 n/a
n Towers to
Sectio
n 3-
2001
Vehicle 10,000- 100-200 25 15 --25 10 10- -20 2.5 spaces per
sales/displays 40,000 1,000 SQ FT
of lot area
Veterinary offices 5,000--10,00 50--100 25 15 --25 0-10 10--20 4 spaces per 1,000
or grooming and 0 GFA
boarding
12
Ordinance No. 6928-02
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Section 16. Article 2.Division 7. Commercial District. Section 2-704. Flexibility criteria is
hereby amended as follows and re-lettering the subsequent subsections as appropriate:
B. Marina facilities.
1. The parcel proposed for development is not located in areas identified in the
Comprehensive Plan as areas of environmental significance including:
a. The north end of Clearwater Beach:
b. Clearwater Harbor grass beds:
c. Cooper's Point:
d. Clearwater Harbor spoil islands:
e. Sand Key Park;
f. The southem edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas, unless the marina facility is totally
screened from view from the contiguous land which is designated as residential and the
hours of operation of the commercial activities are limited to the time period between
sunrise and sunset.
3. Lot area: The parcel proposed for development was an existing lot of less than
20,000 square feet and was not in common ownership with anv contiguous property on
Mav 1, 1998 or the reduction in lot width will not result in a facility which is out of scale
with existing buildings in the immediate vicinity of the parcel proposed for development.
4. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.e.3 and the Marina and Marina facilities requirements set
forth section 3-603.
13
Ordinance No. 6928-02
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* * * *
Section 17. Article 2. Division 8. Tourist District, Section 2-802, Table 2-802 "T" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-802. liT" District Flexible Standard Development Standards
Use Min. Min. Max. Min. Density Min.
Lot Lot Height Setbacks Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 l/unit
units/
acre
Alcoholic Beverage 5,000 50 35 1 0--15 10 20 n/a 5 per 1,000
Sales GFA
Attached Dwellings 10,000 100 35-50 1 0--15 10 10- 30 1.5 per unit
20 uni ts/
acre
Governmental 10,000 100 35-50 10--15 0--10 10- n/a 3--4/1,000
Uses (1) 20 GFA
Indoor Recreation/ 5,000 50 35- 0-15 0--10 20 n/a 10 per 1,000
Entertainment 100 GFA
Marinas ~ W ~ +.) .w ;W Bfa 1 spaoe per 2
slips
Medical Clinic 10,000 100 30-50 10- -15 10 20 20 2--3/1,000
GFA
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000
GFA
Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a
Street Parking
Offices 10,000 100 35-50 10--15 0--1 0 lO- n/a 3--4 spaces
20 per 1,000
GFA
14
Ordinance No. 6928-02
.
.
Outdoor Recreation 5,000 50 35 10-15 10 20 n/a 2.5 spaces per
/Entertainment 1,000 sq. f1. of
lot area or as
determined by
the
Community
Development
Director
based on ITE
manual
standards
Overnight 20,000 100--150 35-50 10-15 0--10 10- 40 1 per unit
Accommodations 20 rooms/
acre
Parking Garages and 20,000 100 50 15-25 10 10- n/a n/a
Lots 20
Parks and Recreation n/a n/a 50 25 10 20 n/a 1 per 20,000
facilities SF land area
or as
determined by
the
Community
Development
Coordinator
based on ITE
Manual
standards
Public n/a n/a 10 n/a n/a n/a n/a n/a
Transportation
Facilities (2)
Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a
Restaurants 5,000-- 50--100 25--35 10--15 0--10 10--20 n/a 7-15 spaces
10,000 per 1,000
GFA
Retail Sales and 5,000-- 50--100 35--50 10--15 0--10 10--20 n/a 4--5 spaces
Services 10,000 per 1,000
GFA
Social and 5,000-- 50--100 35--50 10--15 0--10 10--20 n/a 4--5 spaces
Community Center 10,000 per 1.000
GFA
Uti 1 i ty /Infrastructure n/a n/a n/a 25 10 10 n/a n/a
Facilities (3)
15
Ordinance No. 6928-02
.
.
Section 18. Article 2. Division 8. Tourist District. Section 2-802. E. Marinas is hereby amended
as follows and re-lettering the subsequent subsections as appropriate.
E. MarinCJs.
1. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a. The north end of Clearvlater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Parle;
f. The southern edge of "^.1ligator Lake.
2. No commercial activities other than the mooring of boats on a rental
basis shall be permitted on any parcel of land '",hi en is contiguous to a
parcel of land which is designated as residential in the Zoning l\tlas,
unless the marina facility is totally screened from vie\" from the
oontiguous land whioh is designated as residential and the hours of
operation of the commercial acthrities are limited to the time period
bet',,,een 6:00 a.m. 9:00 p.m.;
3. The design of all buildings oomplies '<'lith the Tourist District design
guidelines in Division 5 of "^.rticle 3.
Section 19. Article 2. Division 8. Tourist District, Section 2-802.R.1. Utilitylinfrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
R,;~ Utility / infrastructure facilities.
1. No above ground structures are located adjacent to a street right of \vay;
* * * *
Section 20. Article 2. Division 8. Tourist District. Section 2-802.R. Social and Community
Centers is hereby amended by adding the following subsection and re-lettering the subsequent
subsections as appropriate:
16
Ordinance No. 6928-02
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.
* * * *
R. Social and Community Center.
.L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
~ Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
* * * *
Section 21. Article 2. Division 8. Tourist District. Section 2-803.E. Marina facilities is hereby
amended by adding subsection 2-803.E.5. as follows:
* * * *
5. All Marina facilities shall comply with the commercial dock requirements set forth
in Section 3-601.C.3 and the Marina and Marina facilities requirements set forth
section 3-603.
* * * *
Section 22. Article 2. Division 9. Downtown District, Section 2-902, Table 2-902 "D" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-902. "D" Flexible Standard Development Standards I
Use Max. Min.
Height Off-Street
(ft.) Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30 - 50 3 - 5 per 1.000 GFA
Facility
Nightclubs 30-50 3--10 per 1,000 GFA
17
Ordinance No. 6928-02
.
e
Offices 30-50 1--3 per 1,000 GF A
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
Parks and recreation facilities 50 1 per 20,000 SF land area or as
determined by the Community
Development Coordinator based
on ITE Manual standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GF A
Social and Community Centers 30-50 2--4 per 1,000 GF A
Sidewalk Vendors n/a n/a
Utility/Infrastructure Facilities n/a n/a
Section 23. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard development is
hereby amended by add~ng the following subsection and re-Iettering the subsequent subsections as
appropriate:
E. Indoor Recreation/Entertainment Facility.
.1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
~ Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 24. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard
development is hereby amended by adding the following subsection and re-Iettering the subsequent
subsections as appropriate:
P. Social and Community Centers.
.1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
18
Ordinance No. 6928-02
.
.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
~ Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 25. Article 2. Division 9. Downtown District, Section 2-902.0. Utility/infrastructure
facilities is hereby amended by deleting section in its entirety and re-lettering the subsequent subsections
as appropriate:
-h No above ground structures are located adjacent to a street right of 'Nay;
Section 26. Article 2. Division 9. Downtown District. Section 2-903.H. Marina and marina
facilities is hereby amended as follows:
4. All Marina facilities shall comply with the commercial dock
requirements set forth in Section 3-601.e.3 and the Marina and Marina
facilities requirements set forth section 3-603.
Section 27. Article 2. Division 10. Office District, Section 2-1003 .M. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
-h No aboys ground structures are located adjacent to a street right of 'Nay;
Section 28. Article 2. Division 12. Institutional District. Section 2-1202, Table 2-1202. "I"
District Minimum Development Standards is hereby amended as follows:
Table 2-1202. "I" District Minimum Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Off-Street
Area Width (ft.) Heigh Parking
(sq. ft.) (ft.) t
(ft.)
Front Side Rear
Assisted 20,000 100 25 10 20 50 1 per 1000, SF
Living GFA
Facilities
Cemeteries 20,000 100 25 10 20 50 n1a
Congregate 20,000 100 25 10 20 50 1 per 1000, SF
Care GFA
19
Ordinance No. 6928-02
.
.
Educational 40,000 200 25 10 20 50 1 per 2
Facilities students
Governmental 20,000 100 25 10 20 50 4 per 1,000 SF
Uses GFA
Hospitals 5 acres 250 25 25 25 50 2/bed
Marinas ~ W ~ ~ ~ ~ 1 space per 2
&lips
Nursing 20,000 100 25 10 20 50 1 per 1000, SF
Homes GFA
Places of 20,000 100 25 10 20 50 1 per 2 seats
Worship
Parks and nla n/a 25 10 20 50 1 per 20,000
Recreation SF land area or
Facilities as determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Schools 40,000 200 25 10 20 50 1 per 3
students
Section 29. Article 2. Division 12. Institutional District. Section 2-1203, Table 2-1203. "I"
District Flexible Standard Development Standards is hereby amended as follows:
Table 2-1203. "I" District Flexible Standard Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Heig Off-Street
Area Width (ft.) ht Parking
(sq. ft.) (ft.) (ft.)
Front Side Rear
Accessory n/a n/a n/a n/a n/a n/a 1/unit
Dwellings
Airport n/a nla n/a n/a n/a n/a n/a
20
Ordinance No. 6928-02
.
.
Educational 40,000 200 15--25 10 15- -20 50 .5--1 per 2 students
Facilities
Halfway Houses 10,000 100 15--25 10 15--20 30 1 per 2 residents
Hospitals 1--5 100- 15- -25 10- -25 15--25 50 1--2/bed
acres 250
Marina Facilities ~ ~ 15 25 .f.4.--B G-W :W I per 2 slips
Medical Clinic 20,000 100 15--25 10 15- -20 30 5/1 000 SF
Outdoor 40,000 200 15- -25 10 15- -20 50 1--10/1 ,000
recreation/ SF Land Area or as
Entertainment determined by the
Community
Development
Coordinator based on
ITE Manual standards
Parking Garages 20,000 100 15- -25 10 15- -20 50 n/a
And Lots
Places of 20,000 100 15- -25 10 15- -20 50 .5--1 per 2 seats
Worship
Public n/a n/a nla n/a n/a 10 n/a
Transportation
Facilities
Residential 10,000 100 15- -25 10 15- -20 30 1 per 2 residents
Shelters
Retail Sales and 10,000 100 15--25 10 15- -20 50 5 per 1,000 SF GFA
Service
Utilityl n/a n/a 15--25 10 15- -20 nla n/a
Infrastructure
Facilities (1)
Assisted Living 15,000- 100 25 ~ 10 30- 1 per 2 residents
Facilities 20,000 50
Nursing Homes 15,000 100- 25 ~ 12 30- 1/1,000 sq. ft.
150 40
Social and 20,000 100 15-25 10 15-20 30- 4-5 per 1,000 GFA
Community 40
Center
Congregate Care 20,000 100 25 ~ 1Q 30- 1 per 2 residents
50
Section 30. Article 2. Division 12. Institutional District. Section 2-1203.B. is hereby amended as
follows:
B. Airport. The size and dimensional requirements of the parcel proposed for development shall
be based on an aviation study. All development activity identified in the 1999 Airport Master Plan study
as short-term development proiects shall be processed as Flexible Standard Development proiects, and all
21
Ordinance No. 6928-02
.
.
mid-term development projects shall be processed as Flexible Development projects. All development
projects at the City's Airpark must be consistent with the 1999 Master Plan.
Section 31. Article 2. Division 12. Institutional District. Section 2-1203. Marina and marina
facilities is hereby amended by deleting Marinas and marina facilities and re-lettering as appropriate:
* * * *
F. },{arines and marinafxi!itics.
-h The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Cleanyater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of "A.Iligator Lake.
2. No commercialllctiyities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land whioh is oontiguous to a paroel of land whioh
is designated as residential in the Zoning "ALtlas, unless the marina facility is
totally soreened from yiew from the eontiguous land whioh is designated as
residential and the hours of operation of the corrnneroial aotivities are limited to
the time period between sunrise and sunset;
3. Setbacks:
a. The reduotion in front setbaek contributes to a more active and dynamio
street life;
b. The reduction in front setback results III an improved site plan or
improyed design and appearance;
c. Sido a.nd roa.r sctbEJ.ck: The reduction in side and/or rear setback does
not prevent access to t rear of any building by emergency vehioles; The
reduction in side and/or rear setback results in an improved site plan,
more efficient parking or improved design and appearance.
4. The use of the parcel proposed for dcyclopment ',vill not involve direct acoess to an
arterial street.
22
Ordinance No. 6928-02
.
.
* * * *
Section 32. Article 2. Division 12. Institutional District. Section 2-1203, is hereby amended by
adding flexibility criteria for the following uses as follows:
N. Assisted living facilities.
1. The buildings in which the facilities are to be located do not have a flat roof:
2. Off-street parking is screened from adiacent parcels of land and any adiacent
street bv a landscaped wall or fence of at least four feet in height:
3. All outdoor lighting is designed and located so that no light fixtures cast light
directly on to adiacent land used for residential purposes:
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure;
5. The parcel proposed for development is not located in a designated
Neighborhood Conservation District, or if the parcel is within the boundaries of
a designated Neighborhood Conservation District, the lot area, lot width and
setbacks are not less than 90 percent of the average lot area, lot width and
setbacks of all improved parcels of land which are located within the
Neighborhood Conservation Immediate Vicinity Area and the height does not
exceed 120 percent of the average height of buildings and structures located
within the Neighborhood Conservation Immediate Vicinity Area.
O. Nursing homes
1. Off-street parking is screened from adiacent parcels of land and any adiacent
street by a landscaped wall or fence of at least four feet in height:
2. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
P. Social and Community Centers
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas;
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance;
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum
required.
23
Ordinance No. 6928-02
.
.
Q. Congregate care.
1. The buildings in which the use is to be located do not have a flat roof:
2. Off-street parking is screened from adiacent parcels of land and any adiacent
street by a landscaped wall or fence of at least four feet in height:
3. All outdoor lighting is designed and located so that light fixtures do not cast light
directlv on to adiacent land used for residential purposes:
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
Section 33. Article 2. Division 12. Institutional District, Section 2-1203.N. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
* * * *
-h No above ground structures are located adjacent to a street right of way;
Section 34. Article 2 Division 12. Institutional District. Section 1204. Table 2-1204 "I" District
Flexible Development is hereby amended as follows:
Table 2-1204. "I" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side Rear
Comprehensive n/a n/a n/a n/a n/a n/a Determined by
Infill the
Redevelopment Community
Project (1) Development
Director based
on the specific
use and/or ITE
Manual
standards
Marina and Marina 5,000 50 15- -25 10--15 0--20 30 1 per 2 slips
Facilities
Social and 20,000 100 15--25 10 15--20 30 4- -5 per 1000
community centers GFA
Social/public 10,000 - 100 15- -25 10 15- -20 30 2 - -3 per
. . 20,000 1,000 GFA
serVIce agenCIes
24
Ordinance No. 6928-02
.
.
Telecommunication 10,000 100 25 10 20 Refer to n/a
Towers Section
3-2001
Section 35. Article 2. Division 12. Institution District. Section 2-1204. Flexibility criteria is
hereby amended as follows and re-Iettering as appropriate:
* * * *
E. Marinas and marina facilities.
1. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which
is designated as residential in the Zoning Atlas, unless the marina facility is
totally screened from view from the contiguous land which is designated as
residential and the hours of operation of the commercial activities are limited to
the time period between sunrise and sunset;
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life;
b. The reduction in front setback results III an improved site plan or
improved design and appearance;
c. Side and rear setback: The reduction in side and/or rear setback does
not prevent access to t rear of any building bv emergency vehicles; The
reduction in side and/or rear setback results in an improved site plan,
more efficient parking or improved design and appearance.
25
Ordinance No. 6928-02
.
.
4. The use of the parcel proposed for development will not involve direct access to
an arterial street.
5. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
* * * *
Section 36. Article 2. Division 13. Industrial, Research, and Technology District. Section 2-
1303, is hereby amended as follows:
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front * Sidel
Rear
Automobile 20,000 100 20 15 30 4/1 000 SF GF A
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GF A
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor 40,000 200 20 15 30 1--10/1,000
Recreation SF Land Area or
IEntertainment as determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Outdoor Storage accessory n/a 20 15 30 Accessory
Parking lots 10,000 100 20 15 nla n/a
Public Facilities 10,000 100 20 15 50 1-2 per 1,000
GFA
Public n/a n/a n/a nla 10 n/a
Transportation
Facilities (1)
26
Ordinance No. 6928-02
.
.
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Technology
Residential 5,000 50 20 15 30 3/1,000 SF GF A
Shelters (2)
Retail Sales and nla nla Nla nla nla nla
Services
Restaurants n!a nla Nla nla nla n!a
Self Storage 10,000 100 20 15 50 2/1 000 SF
TV/Radio 10,000 100 20 15 50 4/1 000 SF GF A
Studios
Utility/ nla nla 20 15 nla nla
Infrastructure
Facilities (3)
Vehicle 40,000 200 20 15 30 1.5/1,000
Sa1es/Displays SF Lot Area Lot
and Major Sales Area
Vehicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1 ,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1,000 SF GF A
Offices- or
Animal
Grooming
Wholesalel 10,000 100 20 15 50 1.5/1 ,000 SF
Distribution! GFA
Warehouse
facility
Section 37. Article 2. Division 13. Industrial, Research and Technology District, Section 2-
1303.P. Utility/infrastructure facilities is hereby amended by deleting subsection as follows and re-
lettering the subsequent subsection as appropriate.
-l-: No above ground structures are located adjacent to a street right of '.Yay;
Section 38. Article 2. Division 16. Coachman Ridge Neighborhood Conservation Overlay
District. Section 2-1601, Table 2-1601 (D) "CRNCOD" Minimum Development is hereby amended as
follows:
Table 2-1601(D). "CRNCOD" Minimum Development
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-
Area Width (ft.) Height Street
(sq. ft.) (ft.) Parking
27
Ordinance No. 6928-02
.
.
Front Side Rear Corner
Side
Yard (1)
Property
with
underlying
zoning of
LDR:
Community 30,000 -l-OO ~ ~ ~ ~ ;{) ~
Residential attached
Homes (6 or garage per
fewet: dVlelling
residents)
Detached 30,000 100 25 15 25 25 30 2 car
Dwellings attached
ill garage per
dwelling
Property
with
underlying
zoning of
LMDR:
Community -9,00() 8G ~ :;- -W ~ ;{) ~
Residential attached
Homes (6 or garage per
fewet: d\velling
residents)
2 car
Detached 9,000 80 25 7 10 20 30 attached
Dwellings garage per
ill dwelling
(1) A corner side yard is the side yard of a corner lot that abuts a public right-of-way.
(2) Community Residential Homes (6 or fewer residents) shall be considered a detached
dwelling.
Section 39. Article 3. Division 2. Development Standards. Section 3-201.B.4. is hereby amended
as follows:
4. The accessory use and structure is located on the same property as the principal
use and located behind the front edge of the principal structure.
Section 40. Article 3. Division 2. Development Standards. Section 3-201.B.lO. is hereby added
as follows and renumbering the subsequent subsections as appropriate:
28
Ordinance No. 6928-02
e
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* * * *
10. In-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more
above grade shall be classified as a principal structure.
Section 41. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.1.a. IS hereby
amended as follows:
a. Setbacks. A dock shall be located in the center one-third of the lot or twenty
(20) feet from any property line as extended into the water, whichever is less,
unless the dock is proposed to be shared by adjoining properties whereupon the
dock may be constructed on the common property line provided that all other
standards of this division are met. Boatlifts and service catwalks shall be a
minimum of ten (10) feet from any property line extended into the water. Tie
poles shall be setback a minimum of one (1) foot from any extended property
line. Single pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the extended
property lines. All watercraft must be contained entirely within the extended
property lines.
Section 42. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.2. Multi-Use Docks.
is hereby amended as follows:
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium, cooperative
apartment, mobile home park or attached zero lot line development shall be
permitted as a Level One (minimum standard) use provided such dock is less
than 500 square feet in deck area and complies with the dimensional standards
set forth in Section 3-601(C)(3)(h). Deviations to the dimensional standards for
multi-use docks may be reviewed and approved in accordance with Section 3-
602 .c.1.g.
Section 43. Article 3. Division 7. Erosion and Siltation Control. Section 3-702.B. is hereby
amended as follows:
B. Stabilization of denuded areas. No disturbed area may be left denuded, and
every disturbed area must be covered by mulches such as straw, hay, filter fabric,
seed and mulch, sod or other approved material to the extent necessary to cover
otherwise denuded areas unless Community Development Coordinator
determines that the circumstances do not require such covering. Within @ 30
days after the final grade is established on any portion of a project site, that
portion of the site shall be provided with established permanent soil stabilization
measures according to the original construction plan, whether by impervious
surface or landscaping.
29
Ordinance No. 6928-02
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Section 44. Article 3. Division 8. Fences and Walls. Section 3-804.A. is hereby amended as
follows:
A. Front setback. Walls and fences located in a front setbaok of a principal
structure shall be permitted to a maximum height of thirty-six (36) inches with
the following exceptions:
* * * *
Section 45. Article 3. Division 8. Fences and Walls. Section 3-804.B. is hereby amended as
follows:
* * * *
B. Side and rear setback areas. Fences and walls shall be permitted to a maximum
height of six (6) feet in the required side and rear setbaoks between the principal
structure and any side or rear lot line. Such fences may be permitted UP to eight
(8) feet in height, however, if located in the Industrial, Research, and
Technology District ("IRT").
* * * *
Section 46. Article 3. Division 8. Fences and Walls. Section 3-805. Chain link fences is hereby
amended by adding provision to prohibit chainlink fences in the Downtown District and re-Iettering the
subsequent subsections as appropriate:
Section 3-805. Chainlink fences.
The following requirements shall apply to chain link fences.
A. Chainlink fences are prohibited within the Downtown District.
A B Front setback. Chainlink fences shall not be permitted in the front yard setback
area. Chainlink fences shall only be located on a parcel to the rear of the front
building line of the principal building, unless permitted pursuant to Section 3-
802(E) above.
B:-C Side and rear setbacks. Chain link fences located in a side or rear yard shall not
exceed forty-eight (48) inches or six (6) feet if clad with green or black vinyl. If
such side or rear yard is adjacent to a public right-of-way, however, such
chain link fence shall not be permitted.
GD. Landscaping requirements. Chainlink fences which are not otherwise required
to be landscaped by Article 3 Division 12 shall be landscaped with a continuous
hedge or a nondeciduous robust growing vine at frequent intervals. Such
landscaping may be located on the external or internal side of the fence along the
entire length of the fence.
30
Ordinance No. 6928-02
.
.
Insert to Ordinance No. 6928-02.
Section 45a. Article 3. Division 8. Fences and Walls. Section 3-804.F. is hereby amended
by deleting it in its entirety:
****
F. Exception for attached dwellings. No fence or wall over fuw: six feet in
height shall be permitted on any attached dwelling lot, except where the
fence or wall is installed along the boundary of the property, in which case
the fence or wall shall be uniformly designed and shall meet the height limits
and other standards otherwise applicable to the fence or wall.
****
30A
.
.
l*E. Public or private recreational facilities. Chainlink fences for public or private
tennis courts, golf courses and driving ranges, athletic fields, play courts, batting
cages and other similar uses are exempt from height regulations contained in this
section and the location restriction of 3-805(A) ili2 above.
* * * *
Section 47. Article 3. Division 9. General Applicability Standards. Section 3-902.
Comprehensive plan densities/intensities is hereby amended by adding the following subsection:
D. When calculating the lot area and/or densitv/intensitv of a property, the total of
either number shall not be rounded up to the next whole number.
Section 48. Article 3. Division 9. General Applicability Standards. Section 3-904. Sight
visibility triangle is hereby amended by deleting sight triangle (arterials and collectors) diagram, and
deleting street and driveway title name on diagram. Deleting 10' from pavement edge or roadway (if no
sidewalk). Deleting 5' from back of sidewalk, and renaming right-of-way and driveways and inserting
new diagram that requires a 20 feet setback from the edge of the property line pursuant to Exhibit A.
Section 49. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
* * * *
A. Building projections which are affixed solely to the building and not directly affixed
to the ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marques, and other similar projections, shall be
permitted to project into required setbacks as specified below.
****
Section 50. Article 3. Division 9. General Applicability Standards. Section 3-912. Outdoor
displays/storage is hereby amended as follows:
Section 3-912. Outdoor display/storage.
Unless otherwise expressly permitted in the zoning district in which the property
is located, the outdoor display and storage of goods and materials is prohibited.
.\11 goods and materials shall be stored in a manner that is not yisible from the
public right of ,'lay or from adjacent properties.
Section 51. Article 3. Division 9. General Applicability Standards. Section 3-915.C. Uses
involving vehicles is hereby amended as follows:
* * * *
C. No repair of any vehicle is permitted in any residential zoning district unless
such repair is ei-tflef confined within a completely enclosed building and limited
to vehicle service involving vehicles owned by a person who resides at that
residence, however, minor vehicle repairs are permitted anywhere on the
property. Under no circumstance shall such repair be conducted as a commercial
activity.
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Ordinance No. 6928-02
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Section 52. Article 3. Division 9. General Applicability Standards. Section 3-916. Vending
machines is hereby amended as follows:
* * * *
C. No more than two (2) vending machines. per development site. shall be
permitted outside of any building. unless such machines are not visible from any
public right-of-way or anv abutting property. Signage allowed on vending
machines shall be flush with the machine and shall be limited to thirty-five (35)
percent of the machine's front face. including the selection choices. The
remaining front face of the vending machine shall be of a similar color as the
signage. No signage shall be allowed other than on the front of the vending
machine.
Section 53. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.B.1. Minimum
plant material standards is hereby amended as follows:
1. Minimum plant material standards:
PLANT SIZE QUALITY OTHER
(at installation) REQUIREMENTS
Shade Tree +2-' N.:. height Florida a. Use oflive oak (City tree) is
4!! 2.5" caliper Grade # 1 encouraged, however species
diversity is preferred over
monoculture.
b. Must be planted a minimum of
five feet from any impervious
area.
c. At least ten percent of the total
number of trees shall be of a
species which exhibits
conspicuous flowering.
Accent Tree 8' height Florida 2 accent trees = 1 shade tree;
2" caliper Grade # 1 unless overhead lines are
unavoidable; no more than 25% of
required trees may be accent trees.
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Ordinance No. 6928-02
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Palm Tree 10' clear and straight trunk. Florida Can be used to satisfy 75% oftree
Grade # I requirements on Beach, Sand Key
& Island Estates, 25% elsewhere
in the City. Staggered clusters of 3
palm trees = I shade tree, except
for specimen palm trees such as:
phoenix canariensis (canary island
date palm), phoenix dactylifera
(edible date palm) and phoenix
reclinata (senegal date palm),
which count as shade trees on a
1: I ratio.
Shrubs A.) 18-24" in height when used Florida
in a perimeter buffer - planted Grade # I Use of Hibiscus (City flower) is
every 36", (measured from the encouraged for non-required
center of the shrub) providing a landscape plantings, especially for
100% continuous hedge which accent marking at entrances and
will be 36", high and 80% other points of high visibility.
opaque 12 months from the time
a certificate of occupancy is
received (excluding drives and
visibility triangles where
applicable)
B.) 14-24" in height when used
for interior - planted every 30"-
36", respectively (measured
from the center of the shrub)
with a 3 gallon minimum
Ground Cover 1 gallon minimum - planted a Florida Encouraged in lieu of turf to
maximum of 24" a.c. Grade # I reduce irrigation needs.
Turf N/A Drought Turf areas should be consolidated
tolerant and limited to areas of pedestrian
varieties traffic, recreation and erosion
control.
Section 54. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.C. Irrigation is
hereby amended as follows:
1. For multifamily and nonresidential properties an automatic permanent irrigation
system providing complete water coverage for all required and other landscaping
materials shall be provided and maintained as a fully functioning system in order
to preserve the landscaping in a healthy growing condition.
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Ordinance No. 6928-02
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Section 55. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1204.D. is hereby
amended as follows:
D. All landscaping required by this division must be protected from vehicular and
pedestrian traffic by the installation of concrete curbing, and wheel stops, or
other protective devices along the perimeter of any landscaping which adjoins
vehicular use areas or sidewalks. These protective devices shall have a minimum
height of six inches above grade.
Section 56. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.B.2. Tree
Protection is hereby amended as follows:
a. The condition and location of the protected tree or palm with respect to species,
tree structure, competition, disease, insect attack, danger of falling, proximity to
existing or proposed structures and interference with utility services.
Section 57. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D. Tree
Protection is hereby is amended as follows:
3. When the Community Development Coordinator determines that there is not
sufficient space available to replace the equivalent of all protected trees on-site
in accordance with these requirements, the remaining DBH deficit shall be met
by paying a fee of $48.00 per inch of DBH to the tree bank. The Community
Development Coordinator mav determine that certain protected trees are not
required to be replaced based on certain criteria, including but not limited to,
species, health, hazards, or other conditions.
Section 58. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended as follows:
g . Waiver of replacement trees' specifications. The city manager Community
Development Director may waive the characteristics, or species, ~ of the
replacement trees only if the applicant for development approval demonstrates to
the city manager Community Development Coordinator that such size is not
readily available in the market area and that the proposed landscaping treatment
with replacement trees is equal to or superior to the landscaping which would
have been provided with the larger trees.
Section 59. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended by adding subsection h as follows:
h. Waiver of Replacement Requirements for Public Utilities Proiects. The
Community Development Coordinator mav exempt the city from the tree
replacement requirements solelv for public utilities projects.
Section 60. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205. Tree
Protection is hereby amended by adding subsection G as follows:
G. Protection of tree trunks. It shall be unlawful to use tree spikes or other devices that
damage tree trunk tissue of protected trees.
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Ordinance No. 6928-02
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Section 61. Article 3. Division 13. Outdoor Lighting. Section 3-1302. is hereby amended as
follows:
Section 3-1302. Site lighting.
All outdoor lighting, other than outdoor recreational facility and street lighting, shall
comply with the following requirements:
A. Fixture-type. All light fixtures which are visible from the boundaries of the
parcel proposed for development of land, other than fixtures which are designed
and installed to illuminate a wall and are directed away from adjacent properties,
shall be cut-off lights where direct illumination is cut-off above 40 degrees
below horizontal.
B. Location. All outdoor light fixtures shall be located so that objects or land which
are located beyond the boundaries of the parcel proposed for de'/elopment parcel
ofland are not illuminated to an extent of producing more than a diffuse shadow.
* * * *
Section 62. Article 3. Division 14. Parking and Loading. Section 3-1401. Parking is hereby
amended by adding subsection C. as follows:
C. Parking Demand Studv.
1. The Community Development Coordinator may require an applicant to prepare a
parking demand studv in coni unction with a request to make deviations to the
parking standards. Prior to the preparation of such study, the methodology shall
be approved by the Community Development Coordinator and in accordance
with accepted traffic engineering principles. The findin~s of the a studv will be
used in determining whether or not deviations to the parking standards are
approved.
Section 63. Article 3. Division 14. Parking and Loading. Section 3-1403.A. is hereby amended
as follows:
A. Permanent surface. Except as otherwise permitted in subsection (B) of this
section, all unenclosed parking lots, spaces, vehicular accessways and driveways
shall be improved with a permanent all-weather paving material which is graded
to drain stormwater.
Section 64. Article 3. Division 14. Parking and Loading. Section 3-1403.B.1. Grass surface is
hereby amended as follows:
1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass
or other unpaved area zoned for any multiple family or nonresidential use unless
specifically authorized in this section.
Section 65. Article 3. Division 14. Parking and Loading. Section 3-l407.A.1.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-lettering the subsequent
subsections as appropriate:
d. Any semi tractor trailer truck or cub;
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Ordinance No. 6928-02
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Section 66. Article 3. Division 14. Parking and Loading. Section 3-l407.A.2. Parking
restrictions in residential areas is hereby amended as follows:
* * * *
2. Within setback area frem the street right of ~vay. Between princival structure
and right-of-wav. The following vehicles shall not be parked or stored, in whole
or in part, '.vi thin any required setback area from a street right of ....,'uy between
any portion of the principal structure and anv right-of-way line in a residential
zoning district:
* * * *
Section 67. Article 3. Division 14. Parking and Loading. Section 3-l407A.2.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-lettering the subsequent
subsections as appropriate:
d. .^.ny semi tractor trailer truck or cab;
Section 68. Article 3. Division 14. Parking and Loading. Section 3-l407.AA. Parking
restrictions in residential areas is hereby amended as follows:
4. Exception to Prohibition of Parking on Unpaved Areas. One designated parking
space may be located on the grass in a required front setback adjacent to and
parallel to the driveway located on the property. Access to such designated
parking space shall be by way of the property's driveway. If the designated
parking space can not be maintained as a landscaped area and is either reported
by neighboring residents as a detrimental property or is identified by any code
inspector as is violation of this provision, such designated parking area shall be
filled in, by the property owner, with pavers, concrete, turf block, or other
approved suitable parking material.
Section 69. Article 3. Division 14. Parking and Loading. Section 3-l407.A. Parking restrictions
in residential areas is hereby amended by adding subsection 3-l407.A.5. as follows:
~ Parking on Unpaved Area Prohibited. No parking, displaying, or storing of
vehicles, trailers and/or boats shall be permitted on any grass surface or other
unpaved area zoned for any use unless specifically authorized in this section.
Section 70. Article 3. Division 14. Parking and Loading. Section 3-l407.B.2 Parking restrictions
in residential areas is hereby amended as follows:
2. Loading, unloading, or cleaning of vehicles, but not including semitrailer trucks
or cabs, provided such activity is fully completed within sHt twenty-four hours
and provided such activity does not occur at the same location more than two
times per month.
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Ordinance No. 6928-02
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Section 71. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.C.3.
Property maintenance requirements is amended as follows:
3. Ground level storefront windows facing a public right-of-way shall be
maintained in an unbroken, and clean state. No window facing the public right-
of-way shall be permanently removed and enclosed, covered or boarded up
unless treated as an integral part of the building facade using wall materials and
window detailing comparable with any upper floors and the building facade in
general. All damaged or broken storefront windows shall be promptly restored,
repaired or replaced. All awnings or canopies facing or visible from the public
right-of-way shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings shall be promptly replaced, repaired or removed.
Section 72. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.G.1.
Property maintenance requirements is amended as follows:
1. As provided in section 3-912 of this development code, outdoor storage is
prohibited nor may goods and materials be stored in any manner \vhich is T/isible
from the publio right of way or from abutting properties.
Section 73. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.G.3.
Exterior storage and display for residential properties is amended as follows:
3. Construction materials, unless such materials are related to an active building
permit related to the property on whioh the materials are located, may shall not
be stored outdoors on a residentially zoned property.
Section 74. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.K.4. Public
rights-of-way and sidewalks and parking surfaces is amended as follows:
4. Parking lot and driveway surfaces shall be maintained in a safe and clean
condition by the owner of the parcel of land. The owner shall, at a minimum,
keep such surface free of pot holes, litter, trash, debris, equipment, weeds, dead
vegetation and refuse and shall promptly repair cracked or heaved parking lot
surfaces.
Section 75. Article 3. Division 15. Property Maintenance Standards. Section 3-1502. Property
maintenance requirements is amended by adding subsection L. as follows:
L. Maintenance of seawalls. All seawalls shall be maintained in a structurally
sound condition and shall comply with applicable building and coastal
construction codes.
Section 76. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.5. IS
hereby amended as follows:
5. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth
of vegetation, or undergrowth of dead or living vegetation or untended and/or
unfenced swimming pools hazardous swimming pools, or hazardous trees upon
any property to the extent and manner that such property contains or is likely to
37
Ordinance No. 6928-02
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contain rodents, reptiles or other vermin, or furnishes a breeding place for flies,
mosquitoes, or wood-destroying insects, or otherwise threatens the public health,
safety or welfare.
Section 77. Article 3. Division IS. Property Maintenance Standards. Section 3-1503.B.8. IS
hereby amended as follows:
8. The lack of maintenance by a property owner of property abutting any dedicated
right-of-way in the City in a condition such that weeds or trash are found in and
on the right-of-way or such that the weeds or trash weeds, shrubs, vegetation,
trash, or anv other accumulation extend over the sidewalk, bicycle path, curbIine
or edge of pavement of an improved right-of-way by more than four inches (4").
Section 78. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.1O. is
hereby amended as follows:
10. The lack of maintenance by a property owner abutting any dedicated right-of-
way or easement in the City where a height clearance ofless than eight feet (8')
from the sidewalk pavement measured vertically from the pavement surface is
maintained, unless an exception has been granted by the Urban Forester.
Section 79. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.
Nuisances is hereby amended by adding subsection 3-1503.B.13. Seawalls as follows:
l1. Seawalls. Anv seawall in a condition where the structural integrity is not
maintained.
Section 80. Article 3. Division 18. Prohibited Signs. Section 3-1803.L. is hereby amended by as
follows:
L. Signs located on publicly owned land or easements or inside street rights-of-way,
except signs required or erected by permission of the City Manger Manager or
City Commission, signs or transit shelters erected pursuant to Section 3-2203,
and sandwich board signs to the extent permitted in the Downtown District.
Prohibited signs shall include but shall not be limited to handbills, posters,
advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks.
Section 81. Article 3. Division 18. Signs Permitted Without a Permit. Section 3-1805. A. is
hereby amended as follows:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than three square feet of
total sign face area for each parcel of land used for commercial purposes. The
square footage for the address sign shall be allowed in addition to the total
square of signage footage allowed in Section 3-1806.
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Ordinance No. 6928-02
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Section 82. Article 3. Division 18. Signs Permitted Without Development Review. Section 3-
1805.S. is hereby amended as follows:
S. A change in a sign message or panel on a previously approved, lawful sign7 ~
anv sign allowed under this ordinance mav contain. in lieu of any other copy.
any otherwise lawful noncommercial message that complies with all other
requirements of this ordinance.
Section 83. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Non-residential is hereby amended as follows:
B. Non-residential. All signs must be architecturally integrated into the design of
the building and/or site using similar and coordinated design and style features.
materials and colors. etc. Attached signs shall be horizontally and vertically
proportionatelv located on each facade with no protrusions above roof lines. over
windows, trim, cornices. or other building features. Master signage plans are
required for shopping centers, including all out parcels. and office parks or any
other master planned developments where a substantial development or
redevelopment is undertaken or proposed. These will be reviewed as a
Comprehensive Sign Program application.
Section 84. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.l Freestanding Signs is hereby amended as follows:
a. One freestanding sign per parcel proposed for development with no more than
sign two sign faces. A parcel located at a comer may be permitted two signs,
one at each street frontage, provided that the maximum area of the sign faces of
the two signs shall not exceed the total maximum allowable area. Sign area is
measured from the road frontage which results in the greatest square footage.
Section 85. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.1.c. Area of Freestanding Signs is hereby amended as follows:
111. Sixty-four square feet; whichever is less. However, a minimum of ten 20 square
feet per parcel proposed for development shall be allowed.
Section 86. Article 3. Division 18. General Standards. Section 3-1806.B.1. is hereby amended
by adding subsection 3-1806.B.l. Freestanding signs at Elevated Intersections as follows:
h. Freestanding Signs at Elevated Intersections. Sites which front on an elevated
roadwav (including US 19 and McMullen Booth Road) having limited visibility
are permitted one freestanding sign to a maximum of 14 feet in height above the
crown of the road, as measured at the highest point of the roadway within the
property lines that are perpendicular and adiacent to the elevated roadway
excluding any service or frontage roads.
Section 87. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Attached Signs is hereby amended as follows:
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Ordinance No. 6928-02
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3. Attached signs. The following signs shall be permitted in all non-residential
districts:
a. One attached sign per business establishment. The area of an attached
sign face shall not exceed:
1. One square foot per 100 square feet of the fayade of the building facing
the street frontage to which the sign is to be attached: or
11. Twenty-four square feet; whichever is less. However, a minimum often
twenty square feet per business establishment with a principal exterior
entrance shall be allowed. The Community Development Coordinator
may permit signs for second story or above businesses in the Downtown
and Tourist Districts ifthev meet all other criteria for attached signage.
b. Where individual building business establishments with exterior
entrances are located in a single building... er--ffi multiple multi-tenant
buildings '.vhioh are attached, or as part of a business/office complex or
shopping center, attached signs shall be designed according to a common
theme but be suffioiently different in including similar style, color,
material and other characteristics to provide aveid a sense of uniformity
or sameness. Changes to individual tenant signage shall be reviewed for
compliance with the established or projected theme of the development
site.
f.., Projecting signs may be used as a type of attached sign in the Downtown
(D) and Tourist (T) districts. unless otherwise permitted by the
Community Development Cordinator. They shall be installed with a
minimum eight-foot clearance from the bottom of the sign to grade or
the sidewalk. Projecting signs shall complv with encroachment into
setback and rights-of-way Section 3-908.
Section 88. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.B. Permitted
Signage is hereby amended as follows:
B. Permitted signage. Signage ..vhich is proposed as part of a eomprehensive sign program
may deviate from the minimum sign standards in terms of number of signs per business
or parcel of land, maximum area of a sign face per pareel of land and the total area of
sign faces per business or parcel of land, subject to compliance with the flexibility
criteria set out in Section 3 1807. C. Monument signs, permitted pursuant to section 3
1 806.B.1.g and Section 3 1 806.B.2 shall not be eligible for comprehensi'.'c sign program.
/\. comprehensi'/e sign program shall be approved as part of a level one or level hvo
approval, as the case may be.
1. Signage which is proposed as part of a comprehensive sign program may
deviate from the minimum sign standards in terms of number of signs
per business or parcel of land. maximum area of a sign face per parcel of
land and the total area of sign faces per business or parcel of land,
subiect to compliance with the flexibility criteria set out in Section 3-
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Ordinance No. 6928-02
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l807.C. Monument signs. permitted pursuant to section 3-l806.B.1.g
and Section 3-l806.B.2 shall not be eligible for comprehensive sign
program. A comprehensive sign program shall be approved as part of a
Level One or Level Two approval. as the case mav be. Prohibited signs
in Section 3-1803 are not eligible for a comprehensive sign program.
2. As part of a comprehensive sign program. the Community Development
Coordinator shall review all sign types (freestanding, attached, windows.
interior site directional. etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers. including all out
parcels. and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The Community
Development Coordinator may allow for flexibility in reviewing the
master sign plan if it results in a substantially improved and
comprehensive proposal. With a master sign plan. the Community
Development Coordinator may permit interior site directional signs at a
size and location(s) related to the development proiect. with up to a
maximum height of six feet.
Section 89. Article 3. Division 18. Comprehensive Sign Program. Section 3-l807.C.1.
Flexibility Criteria Architectural Theme is hereby amended as follows:
b. The design, character, location and/or materials of all freestanding and attached the
signs proposed in a comprehensive sign program shall be demonstrably more
attractive than signs otherwise permitted on the parcel proposed for development
under the minimum signs standards. All signs must be architecturallv integrated
into/with the design of the building and/or site using similar and coordinated design
features. materials and colors, etc.
Section 90. Article 3. Division 18. Comprehensive Sign Program. Section 3-l807.C. Flexibility
Criteria is hereby amended as follows:
2. The maximum height of all freestanding signs proposed in a comprehensive sign
program is 14 feet, depending on the design of the sign. provided hOY/eO/er that a
single attached sign ',vith a sign face of no more than 12 square feet may be erected
up to the height of the building.
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-l807.C Total Area
of Sign Faces is hereby amended as follows:
4. The total area of maximum sign faces '.vhich are proposed us part of area permitted
through a comprehensive sign program shall not exceed tYIO times the total area of
sign faces permitted under that minimum sign standards on the parcel proposed for
development be regulated as follows:
1. Attached signs - The maximum area permitted is up to five percent of the
building facade to which the sign is to be attached.
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Ordinance No. 6928-02
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11. Freestanding signs - The maximum area permitted is up to two times the
total area of sign faces as calculated bv the street frontage or building
facade in methods in 1806.B.I.c.i. and .ii. whichever is less.
Section 92. Article 3. Division 18. Comprehensive Sign Program. Section 3-l807.C. is hereby
amended by adding subsection 3-l807.C.9. Number, Size and Location of Signs as follows:
5L Number. Size and Location of Signs: When considering the number, size and
location of freestanding and attached signs, the Community Development
Coordinator shall consider: overall size of site, relationship between the building
setback and sign location, frontage, access and visibility to the site, intended
traffic circulation pattern, hierarchy of signage, and submittal of a master sign
plan for the development parcel/proiect.
Section 93. Article 3. Division 21. Temporary Uses. Section 3-2l03.B.3.g. Portable storage units
is hereby amended as follows:
g. A sticker shall be affixed to all portable storage units indicating the most recent
delivery date, the date on which the portable storage unit is was delivered to a
property .
Section 94. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3. Portable storage units
is hereby amended by adding subsectionj. as follows:
.h The Community Development Coordinator may allow portable storage units to
be located on a property for a longer period of time than specified in Section 3-
2l03.C.2 in emergency situations. The Community Development Coordinator
may allow a period of 15 days for a portable storage unit to be located on a
property and may allow an additional 15 days if extension is required to
complete emergenCV repairs.
Section 95. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. is
hereby amended as follows:
A. Basic information required for all applications. Except as provided in subsection
23 for fence permits, or unless otherwise inapplioable fDr the permit sought, a
All applications for development approval shall include the following
information:
* * * *
Section 96. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.7. is
hereby amended as follows:
7. A plat of record or signed and sealed survey of the property including the
dimensions, acreage and location of the property prepared by a registered land
surveyor showing all current structureslimprovements.
Section 97. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. 11.
is hereby amended by adding subsection 4-202.A. I l.y. as follows:
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Ordinance No. 6928-02
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Y..,. Type and location of all attached and freestanding signage for compliance with
Article 3, Division 18, Signs.
Section 98. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.25.
is hereby amended as follows:
d. If...tfle For all proposed development is for a single family dwelling or accessory
HSe;- a plot plan signed and sealed survey with the following information:
1. Existing and proposed fences and landscaping.
11. The proposed height and materials of the proposed fence.
Section 99. Article 4. Division 2. Applications for Development Approval. Section 4-206.
Notices and public hearings Permitted Uses: Level One diagram on page CD4: 15 is hereby amended by
revising the third box as follows: "Notice to Adjacent Property Owners (flexible standard
development)."
Section 100. Article 4. Division 2. Applications for Development Approval. Section 4-206.C.2.e.
Public hearings is amended as follows:
e. By posting a sign for level three (3) approvals onlv, at least six square feet in
area and not exceeding six feet in height facing the street(s) on the parcel
proposed for development.
Section 101. Article 4. Division 2. Applications for Development Approval. Section 4-206.D.5.
Public hearings is amended by adding subsection 4-206.D.5.a. as follows:
~ Anv expert witness testifying shall submit a resume for the record before or
during the public hearing.
Section 102. Article 4. Division 2. Applications for Development Approval. Section 4-502.A.
Application/notice of appeal is hereby amended as follows:
A. An appeal of a level one approval (flexible standard) may be initiated by a
property owner abutting the property an applicant or property owners within the
required notice area and who presented competent substantial evidence in the
Levell review, which is the subject of the approval within seven days of the
date the development order is issued. The filing of an application/notice of
appeal shall stay the effect of the decision pending the final determination of the
case.
Section 103. Article 4. Division 2. Applications for Development Approval. Section 4-502.B.
Application/notice of appeal is hereby amended as follows:
B. till application/notice of appeal of any decision of the city, as proyided in section
~, Appeal of all other applications other than level one approval flexible
standard may be initiated by the applicant, or Qy any person granted party status
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Ordinance No. 6928-02
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.
within 14 days of the decision. Such application shall be filed with the city clerk
in a form specified by the community development coordinator identifying with
specificity the basis for the appeal and accompanied by a fee as required by
section 4-202(E). The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case.
Section 104. Article 4. Division 2. Applications for Development Approval. Section 4-504.B.
Community development board appeals is hereby amended as follows:
B. Upon receipt of an application/notice of appeal from a level one approval
(flexible standard) from an abutting property owner, the community development
board shall place the appeal on the consent agenda of the next scheduled meeting
of the board. Notice of the date of such meeting shall be provided the applicant
and the appellant(s) by mail and by telephone. The appeal may be removed from
the consent agenda only by a vote of at least four members of the community
development board. If the appeal is not remo'/ed from the consent agenda, it
shall be appro'/ed, along with any other consent agenda items, by a vote of a
majority of the members of the board If the appeal is not removed from the
consent agenda, the decision of the Community Development Coordinator is
confirmed as part of the consent agenda by a vote of the maiority of the members
of the board. If the appeal is removed from the consent agenda, the community
development board shall review the application, the recommendation of the
community development coordinator, conduct a quasi-judicial public hearing on
the application in accordance with the requirements of section 4-206 and render
a decision in accordance with the provisions of section 4-206(D)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the appeal.
Section 105. Article 4. Division 2. Applications for Development Approval. Section 4-505.A.
Community development board appeals is hereby amended as follows:
A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-
501 (B), the hearing officer shall, in concert with the city clerk, establish a timely
date and hour and location for a quasi-judicial appeal hearing. The city clerk
shall give notice of the public hearing in accordance with the provisions of
section 4-206(C) and the hearing shall be conducted in aeeordance 'llith the
procedures set forth in section 1 206(D). The hearing shall be conducted as a
mandatory summary hearing, generallv in accordance with the provisions of
Florida Statutes Section 120.574, as amended from time to time, except that the
provisions allowing permissive motions for summary hearing contained in
Florida Statutes Section 120.574(1)(a), (b), (e), and (d) shall not apply. No
discovery, whether on motion or otherwise, shall be allowed in the proceeding,
no order referring the case back to the formal adiudicatory process described in
Florida Statutes Section 120.57(1) shall be entered, and the hearing officer's
decision shall be subiect to iudicial review as provided in Section 4-505.D. and
not under Florida Statutes Section 120.68.
Section 106. Article 4. Division 2. Applications for Development Approval. Section 4-505.D.
Community development board appeals is hereby amended as follows:
44
Ordinance No. 6928-02
J
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D. The hearing officer shall render a decision within 45 days of the hearing ffi
accordance "lith the pro'/isions of section 1 206(D)(5). The decision shall include the
following: 1. findings of fact based exclusivelv on the evidence of record and matters
officiallv recognized; 2. conclusions of law; 3. approval. approval with conditions.
requirements. or limitations. or denial of the application or decision which is the
subiect of the appeal. The decision of the hearing officer shall be final, subject to
judicial review by petition for writ of common law certiorari to the circuit court. The
filing of a petition for writ of certiorari stays the decision of the hearing officer
pending the final determination of the case.
Section 107. Article 4. Division 6. Level Three Approvals. Section 4-602.A. Purpose and
applicability is hereby amended as follows:
A. Purpose and applicability. The Zoning :\tlas of the City of Clearwater consists of a
map of the city, published in the form of an atlas or book eontaining a title and
summary page and additional separate sheets, each covering a portion of the city,
depicting all real property \vithin the oity and designating the '/arious zoning distriots
and the boundaries thereof. The zoning atlas shall be in suffioient detail so that
property o'.mem may locate their properties with respect to the zoning district
boundary lines. It is the purpose of this section to establish a procedure for amending
the zoning atlas of the city in accordance with Florida Statutes.
Section 108. Article 4. Division 7. SubdivisionlPlats. Section 4-702. Required approvals is
hereby amended as follows:
Section 4-702. Required approvals.
If plat approval is required, approval is obtained in two stages: preliminary and
final plat approval and is intended to be processed simultaneously with other
required approvals. Preliminary approval is granted by city staff for level one
approvals and the community development board for level two approvals. In the
event a level two approval is required, the preliminary plat is a required
submission and will be reviewed and approved by the community development
board as part of that approval process. While city commission approval is
required by state law for final plats, the approval process is ministerial, assuming
compliance with the preliminary plat approval and all requirements of the city
code. If plat approval is required, preliminary final plat approval must obtained
before a building permit may be issued. Evidence of the recording of an
approved final plat must be submitted prior to the issuance of a certificate of
occupancy.
Section 109. Article 4. Division 7. SubdivisionIPlats. Section 4-708.C. Recording of final plat is
hereby amended as follows:
C. Evidence of recording a final plat shall be submitted prior to the issuance of a
the certificate of occupancy first building permit. The Community Development
Coordinator may allow certain types of permits sueh as demolition, site and
utility permits to be issued for construction prior to recording the final plat. upon
written request bv the subdivider, provided the final plat has been approved.
45
Ordinance No. 6928-02
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Section 110. Article 4. Division 12. Tree Removal Permit. Section 4-1202.A. Removal permit
application is hereby amended by deleting the subsection and renumbering the subsequent subsection as
appropriate:
* * * *
1. L^~ copy of the Leyel One or Leyel Two L^~pproYal associated ';'lith the tree
removal.
* * * *
Section 111. Article 4. Division 13. Land Clearing Removal Permit. Section 4-1301. Permit
required is hereby amended as follows:
Section 4-1301. Permit required.
A land clearing and grubbing permit is required in order to clear or grub any land
in the city. No land clearing and grubbing permit shall be granted prior to
issuance of a level one or level two approval in accordance with the provisions
of Article 4, Divisions 3 and 4~, exoept '.vhen assooiated '.vith a demolition permit
that does not invohre ne'.',' construction or a redeyelopment project. If no level
one or level two approval is required a Ne land clearing and grubbing permit
shall be granted unless it if the permit request is in conformance with the
provisions of this division or the terms of a prior approval.
Section 112. Article 4. Division 14. Transfer of Development Rights. Section 4-1401. Purpose
and authority is hereby amended as follows:
Section 4-1401. Purpose and authority.
It is the purpose of this division to establish procedures for the transfer of
allocated development rights in the city in order to promote redevelopment of the
district in a manner which minimizes the impacts of such transfers and protects
the interests of all property owners and residents of the city.
Transfer of Development Rights mav be used to: (1) Implement the goals and
policies of redevelopment plans and/or special area plans approved bv the City.
the Pinellas Planning Council and the Countywide Planning Authority: (2)
Protect designated environmental. open space. archaeological. historical or
architecturally significant sites.
Section 113. Article 4. Division 14. Transfer of Development Rights. Section 4-1402. Allocated
development rights are freely transferable is hereby amended as follows:
Section 4-1402. Allocated development rights are freely transferable.
Development rights of a previously developed site may be transferred to any site at any time,
to the Game extent and in the same manner as any other interest in real property provided that
the density and/or intensity of the receiving site is not exceeded by twenty percent (20%) of
the development potential of the site prior to the transfer. The transfer shall be in the form of
a special '-'.'arrant'} deed, '.vhich shall specify the amount of transferable deyelopment rights
46
Ordinance No. 6928-02
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V/hich are being conveyed or sold and the real property from which the rights are transferred.
The special '.varranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred.
Development rights of a previously de'/eloped site parcel of land may be transferred to
any site parcel of land at any time. to the same extent and in the same manner as any
other interest in real property provided such transfer is in compliance with the
subsections 1. 2. 3. and are permitted only in circumstances outlined in either 4 or 5
below.
1. Any mortgage holder of the sending parcel shall consent to the transfer of
development rights.
2. The sending parcel shall be in compliance with all property maintenance standards
specified in Article 3 of this code.
3. The transfer shall be in the form of a special warranty deed. which shall specify the
amount of transferable development rights which are being conveved or sold and
the real property from which the rights are transferred. Additionally. the special
warranty deed shall contain a covenant restricting in perpetuity the use of the parcel
from which the rights have been transferred.
4. For parcels receiving density/intensity transferred from a designated environmental.
open space. archaeological. historical or architecturallv significant site.
density/intensity may not exceed twenty (20) percent of the permitted development
potential of the site prior to the transfer.
5. For parcels located within an area designated Central Business District (CBD) or
Community Redevelopment District (CRD) on the Countywide Future Land Use
Plan map or parcels governed by approved redevelopment or special area plans. a
site may only receive density/intensity transferred from within the CBD. CRD.
redevelopment plan area or special area plan district. and mav not exceed the
otherwise applicable maximum density/intensity by twenty (20) percent provided
that the governing plan makes specific provisions for the use of transfer of
development rights.
Section 114. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.C. Use of
transferred development rights is hereby amended as follows:
1. The parcel proposed for development is located in the city The sending site and the
receiving site must be located within the city.
2. No building which exceeds 100 feet in height shall be located within 100 feet of any
other building which exceeds 100 feet in height. No more than two buildings which
exceed lOO feet in height shall be located within 500 feet of any building which
exceeds 100 feet in height; and
3. Appropriate view corridors are incorporated in the design of the parcel proposed for
development and all design standards in Article 3 Division 5 are otherwise satisfied"
: and
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Ordinance No. 6928-02
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4. There shall be a reasonable relationship between the number of units transferred and
any increases in building height. Compatibility with the surrounding area and
feasibility of the proiect shall be considered when approving any increase in height.
Section 115. Article 4. Division 14. Transfer of Development Rights. Section 4-l403.E Use of
transferred development rights is hereby amended as follows:
E.
1, Development rights transferred for the protection of environmental. open space,
archaeological. historical or architecturallv significant sites located on the
mainland may be transferred to any parcel of land which is located on the
mainland.
2. Development rights transferred for the protection of environmental, open space,
archaeological, historical or architecturallv significant sites located on the
barrier islands (any land west of the Memorial Causeway) may be transferred to
any parcel of land located on the barrier islands.
1, Development rights transferred within a Community Redevelopment District,
Central Business District, or other designated redevelopment area governed by
an approved redevelopment or special area plan, may be transferred only to
property located within the same designated redevelopment area.
Section 116. Article 6. Nonconformity Provisions. Section 6-l02.B. Nonconforming structures,
is hereby amended as follows:
B. Normal repair and maintenance, such as painting, cleaning, replacement, and
repairing of same nonconformity may be performed on nonconforming
structures.
Section 117. Article 6. Nonconformity Provisions. Section 6-104. Nonconforming
Sign/Redevelopment of Principle Use/Structure is hereby amended as follows:
B. If the copy is not current or is missing letters or words on a non conforming
nonconforming changeable copy sign for a period of 30 days, the sign shall
become unlawful.
Section 118. Article 7. Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures. Section 7-1 02.C. is hereby amended by deleting the subsection in its entirety and re-Iettering
subsequent subsection as appropriate:
G:- Correction of ';ietation prier to hearing. If, prior to the scheduled hearing, the
violation is corrected, the hearing on the violation shall be continued for a period
of six months and in the event there is no recurrence of the violation, the notice
of violation shall be deemed '.vithdra'.'m. If the violation is not corrected prior to
scheduled hearing, or the violation re occurs prior to the elapse of six months,
the violation shall be presented to the special master or the municipal code
enforcement board.
48
Ordinance No. 6928-02
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Section 119. Article 8. Section 8-102. Definitions is hereby amended as follows:
* * * *
Accessory structure means a building or structure which: 1) is subordinate to and serves
a principal building sePfed; 2) contributes to the comfort or neeessary necessity and
convenience of the users or occupants of the principal building; ami 3) is located on the
same lot as the principal building and is not attached to such building.,-;- and (4) is
detached from principal structure.
* * * *
Lot, corner means a lot located at the intersection of two or more street rights-of-way.
Let, de'blhlc jrentagc means a lot bounded on opposite or approximately opposite sides
by streets.
* * * *
Lot, double frontage means a lot bounded on opposite or approximate Iv opposite sides
by streets.
* * * *
Parcel of land means any legally described piece of land which is designated by the
owner or developer as land to be used or developed as a unit, or which has been
developed as a unit as determined by the Community Development Coordinator.
* * * *
Repeat violation means a violation of a provision of a code by a person who has been
previously found through a code enforcement board or any other quasi-judicial or
judicial process~ to have violated~ or who has admitted violating~ the same provision
within five years prior to the violation, notwithstanding the violations occur at different
locations.
* * * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
public right-of-way, or body of water. For the purpose of this development code~ the
term "sign" shall include all structural members. A sign shall be construed to form a
single unit. In cases where matter is displayed in a random or unconnected manner
without organized relationship of the components, each such component shall be
considered a single sign. Except for banner, flags, temporary and portable signs, all
signs shall be permanently affixed to, and/or incorporated into, the sign cabinet, or
building wall or other base material. All signs shall be constructed of materials designed
to be permanent. withstand weather conditions, and shall have permanent supports
appropriate for its size.
49
Ordinance No. 6928-02
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* * * *
Sign, abandoned or obsolete eonf-erming means any sign and/or sign structure which no
longer advertises a bona fide business activity conducted or product available, is no
longer licensed, no longer has a certificate of occupancy, or is no longer doing business
or maintaining a presence on the premises where the sign is displayed and such
circumstances have continued for a period of 30 days.
* * * *
Sign, area Sign area or surface area means the area, in square feet, enclosed by a
rectangle, parallelogram, triangle, circle, semicircle, cross, other geometric figures, or
other architectural design, the side of which make contact with the extreme points or
edges of the sign, excluding the supporting structure which does not ffem form part of
the sign proper or of the display. Unless otherwise indicated, area means area per sign
face. Illuminated portions of a sign structure shall be considered part of the sign area.
Also, any portion of the surface area of a freestanding sign structure that exceeds 50
percent of the permitted area of the sign face shall be considered part of the sign area.
The area of a sign for attached signs is based on the smallest geometric shape(s) around
the graphics/text; area for sign cabinets used as attached signs shall be based on the
entire sign cabinet.
* * * *
Sign, attached means any sign attached to, on or supported by any part of a building (e.g.
walls, mansard roof/Ylall, projecting. awning, windows, or canopy), which encloses or
covers useable space.
* * * *
Sign, maintenance Sign maintenance means the replacing, repairing or repainting of a
portion of the sign structure, periodically changing changeable copy or renewing copy
which has been made unusable by ordinary wear, weather or accident. In the event 50
percent or more of the sign is needed to be replaced or repaired the sign shall be replaced
with a new, conforming sign and sign structure.
* * * *
Sign, portable means a sign that is not permanently fixed to the ground or a structure
utilizing standard construction procedures. and/or materials that will not deteriorate. or a
sign that is transported over or parked along or next to a public right-of-way.
* * * *
Sign, vehicle means a sign attached to or placed on and/or inside of a vehicle, including
automobiles, trucks, boats, campers, and trailers, that is parked on or is otherwise
utilizing a public right-of-way or other public property or is on private property so as to
be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement of products or services or directing people to a business or
activity. This definition is not to be construed to include those signs on a licensed transit
50
Ordinance No. 6928-02
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carrier, or signs that identify a firm or its principal products on a vehicle, unless such
vehicle is parked in a location prominently visible from a street right-of-way where there
are other, less prominently visible parking spaces available on the site or is parked in
such a manner that it is intended to provide advertisement of products or services or to
direct people to a business or activity "-, or such ad'fcrtising devices as may be attached to
and within the normal unaltered lines of the '(chicle of a licensed transit carrier This
definition shall not include anv vehicle with signs when and during that period of time
such vehicle is regularly and customarily used to traverse the public highways during the
normal course of business and providing the signs do not present a hazard to the public.
* * * *
Temporary retail sales and displays means any nonpermanent sales or displays which
either exist along are of the same product and must be related with the permanent or
principal use of property,~ or are assoeiated '.vith the permanent or principal use. As used
in this development code, the term "temporary retail sales and displays" shall include
carnivals and similar temporary amusement projects and shall exclude residential
development sales office, land sales offices, and garage and yard sales.
* * * *
Violator means a person alleged to or who has been found to have violated a provision of
the City Code through a code enforcement board, or anv other quasi-iudicial or iudicial
process. which the speeial master or eode enforeement board has jurisdiotion to enforee.
Section 120. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, directional
is hereby amended by deleting the directional sign graphic and replacing it with a new graphic as
illustrated in Exhibit B.
Section 121. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, freestanding
is hereby amended by deleting the freestanding sign graphic and replacing it with a new graphic as
illustrated in Exhibit C.
Section 122. Amendments to the Land Development Code of the City of Clearwater (as
originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as
set forth in this Ordinance.
Section 123. The City of Clearwater does hereby certify that the amendments contained herein,
as well as the provisions of this Ordinance, are consistent with and in conformance with the City's
Comprehensive Plan.
Section 124. Should any part or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part
thereof other than the part declared to be invalid.
Section 125. Notice of the proposed enactment of this Ordinance has been properly advertised in
a newspaper of general circulation in accordance with applicable law.
Section 126. The provisions of this Ordinance shall be effective on Monday, May 6,2002.
51
Ordinance No. 6928-02
.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
.
Brian J. Aungst
Mayor-Commissioner
Cynthia E. Goudeau
City Clerk
52
Ordinance No. 6928-02
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I SIGHT TRIANGLE I
RIGHTS-OF- WAY and DRIVEWAYS
20' from property line
Exhibit A - Sight Visibility Triangle
.
.
0- You rz-
...
- ~IG.J'
.....
, W E-I<=L . ' .
Exhibit C - Freestanding Sign
.
.
_ ttJ T E.~
. ~ 7... . J
[Jf>.
" .r
Exhibit B - Directional Sign
.
.
Final plat requirements for buildin~ permit issuance
Pinellas County
PART III LAND DEVELOPMENT CODE
Chapter 154 SITE DEVELOPMENT AND PLATTING*
ARTICLE I. IN GENERAL
Sec. 154-12. Construction hase.
(a)
as well as approved permits for all work within the public right-of-way. If
platting is required, the preliminary submittal of the record plat must be submitted for
review prior to final administrative of the site
(b)
development which requires platting must have been approved by staff.
Dunedin
SECTION 27-4-2-1-2-13
In some cases, building
permits may be issued if approved by the Planning Director.
Gulfport
CODE OF ORDINANCES
Chapter 18 SUBDIVISIONS*
Sec. 18-2. Approval and recordinq of plats required.
No real property within the city shall be divided and offered for sale by reference to a
plat thereof to be filed in the public land records until said plat has been considered by
the planning and zoning board, the city manager and approved by city council; provided,
however, the procedures and standards set forth in this chapter shall not apply to the
exceptions enumerated in section 18-1, subsection (1); nor shall a plat be recorded
without first submitting a preliminary plat for review by the planning and zonin board
and without obtainin from the council of the final lat.
Largo
Per phone conversation with planning staff at Largo: It is necessary to have a final plat
on record before issuance of a Certificate of Occupancy, but not for the building permit.
1
.
.
Oldsmar
CODE OF ORDINANCES City of OLDSMAR. FLORIDA
PART III LAND DEVELOPMENT CODE
Article III ADMINISTRATION AND ENFORCEMENT*
3.3. PERMITTING REVIEW PROCEDURES
3.3.1. Erection of build in s.
the council and the required improvements have been installed, inspected, and
approved by the city council.
Article IV SUBDIVISION REGULATIONS
4.4. PROCEDURES FOR SECURING APPROVAL OF SUBDIVISION PLANS
4.4.7. Effect of certified plan.
Upon approval of the certified plan the applicant may proceed with permitting for
installation of improvements. Improvements shall include tree removal, clearing and
grubbing, installation of streets and utilities, and installation of stormwater management
systems. Stormwater management facilities, in particular, shall be constructed for the
entire area of the plan regardless of any phasing plans relative to final plat recording.
Also, any amenity, either required or pro osed, shall be completed in the first hase of
develo ment if hasin is roposed.
with
the clerk of the circuit court for Pinellas County, Florida, except where the community
development director has approved, and issued building permits for, residential units as
models. Final certificates of occupancy for models shall not be issued until the final plat
has been accepted by the city and recorded with the clerk of the circuit court for Pinellas
County.
st. Petersburg
PART II S1. PETERSBURG CITY CODE
Chapter 16 LAND DEVELOPMENT CODE*
ARTICLE XII. SUBDIVISIONS
DIVISION 3. PLATS
Sec. 16-826. Plattin re uirement. exce tions.
pI
. however, where a legal principal use already exists on
unplatted land, permits for additions thereto may be issued, provided the gross floor
area of such additions does not exceed 500 square feet or ten percent of the existing
gross floor area, whichever is greater, in any five-year period. Vacation of alleys in
RS-E, RS-150, RS-100 and RS-75 zoning districts in which 50 percent or more of
abutting lots are developed shall not require platting. Vacation of unimproved
easements for public travel not dedicated by plat shall not require platting. Partial
street vacations and vacation of walkways shall not require platting. Adjustment of
2
.
.
lots of record shall not require replatting and the appropriate documents and
notification thereof shall be duly recorded in the public records.
Saint Pete Beach
PART" CODE OF ORDINANCES
Chapter 126 SUBDIVISIONS*
ARTICLE IV. IMPROVEMENTS*
Sec. 126-92. Pre aration of lans
Treasure Island
PART II CODE OF ORDINANCES
Chapter 74 SUBDIVISIONS*
ARTICLE I. IN GENERAL
Sec. 74-3. Approval of the city commission required for subdivision of property and
recordinq of plat.
No real property within the city shall be divided and offered for sale until a plat thereof is
approved by the city commission; provided, however, that the procedures and
standards set forth in this chapter shall not apply to the exceptions enumerated in
section 74-1 nor shall a plat be recorded without first submitting a preliminary plat for
review by the planning and zonin board and without obtainin from the cit commission
a roval of the final lat.
Hillsborough County
LAND DEVELOPMENT CODE County of HILLSBOROUGH, FLORIDA Codified throuqh
Ord. No. 01-26, enacted Sept. 12,2001. (Supplement No. 7)
ARTICLE V DEVELOPMENT OPTIONS
PART 5.03.00 PLANNED DEVELOPMENT DISTRICTS
Sec. 5.03.03. Review Procedures
After a PO district has b lished, no Building Permit sh
unless and until the app bdivision preliminary plat, con I plat,
and related documents evelopment plans, for the dev whole or
for stages or portions th emed satisfactory in relation to total deve opment, have
been approved in accordance with the provisions contained in this Code. Such
subdivision and site development plans shall be consistent with the approved General
3
.
.
Development Plan, all commitments made and any restrictions placed on the approved
General Development Plan, and any documents, graphic, map, or other such
information provided as part of the official record for the approval of the PO district.
LAND DEVELOPMENT CODE County of HILLSBOROUGH, FLORIDA Codified throuqh
Ord. No. 01-26, enacted Sept. 12,2001. (Supplement No.7)
ARTICLE X ADMINISTRATION
PART 10.01.00 PROCEDURE FOR ISSUANCE OF DEVELOPMENT PERMITS
Sec. 10.01.05. Subdivision Review Procedures
C. Full Review: Platted Subdivision With Improvements
2. Construction Plans
a. Construction plans show the improvement facilities planned for each phase of
the preliminary plat, in compliance with subdivision construction standards.
Construction plans must correspond to the preliminary plat. Construction plans
are submitted after approval of the preliminary plat.
4. Issuance of Buildin Permits and Certificates of Occupanc
a.
b. No certificate of occupancy shall be issued, unless: (1) all of the Improvement
Facilities are acceptable for maintenance, as required herein or, (2) construction
of the Improvement Facilities has been completed with not more than minor
construction correction required and provided that 100 percent of the required
performance bonds are in proper order.
7. Model Homes
Up to five (5) model homes may be permitted per subdivision, upon approval of
the subdivision construction plans and final plat by the Administrator and the
issuance of a Single-family Natural Resources Permit per 4.01.00 for each unit. In
addition to the information required in 4.01.00, the application submittal for the
Natural Resources Permit shall include the information listed in Section 6.11.00,
Model Dwelling Units and Preconstruction Sales Offices. Certificates of
Occupancy shall not be released until the Improvement Facilities for public use
are completed and accepted by the Board or until Improvement Facilities for
private ownership and maintenance are substantially completed as determined by
the Administrator.
Tampa
CODE OF ORDINANCES
Chapter 23 SUBDIVISION*
ARTICLE I. ADMINISTRATIVE PROVISIONS*
DIVISION 1. GENERAL PROVISIONS; ADMINISTRATIVE AUTHORITY; DEFINITIONS
Sec. 23-3. A licabilit.
4
.
.
Bradenton
PART III LAND USE REGULATIONS*
200. ADMINISTRATION AND PROCEDURES
202. Requirements for permits and approvals.
C. Land alteration permit. A land alteration permit shall be obtained prior to undertaking
any of the activities listed below. Application shall be made on forms supplied by the
administrative official and shall be accompanied by the fee as per Appendix A. The
administrative official and the director of public works, as applicable, shall review and
act upon land alteration permit applications in accordance with section 301 as
a plicable.
or site plan, provided construction plans
have been approved pursuant to section 202.J.2.c.
J. Subdivision plat approval
2. Application
c. Construction plans. Construction plans with information as required by the
director of public works for any public improvements, including all roadways and
utility lines proposed for public dedication, shall be submitted to the
administrative official followin the approval of the reliminary plat.
or are to be bonded as allowed by
section 4.b below.
An estimate of the cost of public improvements shall also be submitted.
The administrative official shall review the plans for consistency with the approved
preliminary plat and if there is not significant inconsistency, shall forward the plans to
the director of public works.
The director of public works shall review the plans in relation to applicable standards
established by the director of public works and shall approve such plans if the
standards are met. If the applicant has submitted an estimate of the cost of public
improvements, the director of public works shall review the estimate and evaluate
the accuracy. Following the approval of the construction plans, the director of public
works shall inform the city clerk and administrative official of his determination of the
estimated cost of public improvements in writing
Boca Raton
VOLUME II
Chapter 19 BUILDINGS AND BUILDING REGULATIONS*
ARTICLE II. ADMINISTRATION
DIVISION 3. PERMITS*
*Cross reference(s)--Applications for a permit to erect a building or structure or
materially alter a front or side elevation of any existing building or structure excluding
single-family dwellings are required to be submitted to the community appearance
board, ~ 2-128; building permits shall notbeissued forany .subcfjvisionwhereinthe final
5
.
.
S 26-82; site plan approval for building
permits in business, commercial, industrial and miscellaneous districts, S 28-51; building
permits shall not be issued for the construction, alteration or use of any building or
structure or land which is not in conformity with the provisions of the zoning chapter, S
28-76; a plot plan must accompany application for a building permit, S 28-77; certificate
required before building or altering an historic site or district, S 28-237.
VOLUME II
Chapter 26 SUBDIVISION REGULATIONS*
ARTICLE II. PLATS*
DIVISION 1. GENERALLY
Sec. 26-82. Buildin ermit issuance.
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o
Interoffice Correspondence Sheet
TO: Cyndi Tarapani, Director of Planning
FROM: Alan Mayberry, Urban Forestry Manager
COPIES: Ray Boler, Ass't. Dir., Public Services
SUBJECT: Tree ordiance revisions
DATE:
March 14, 2002
Please consider the attached watering and establishment schedule for landscape trees for
inclusion in the revisions to the Community Development Code. This data reflects industry
standards and is published by the Florida Institute of Food and Agricultural Sciences (IF AS)
in conjunction with the University of Florida' s Cooperative Extension Program. I think this
information will be very helpful to people designing and installing new tree plantings and
will help ensure healthier landscape projects. Thanks for your consideration.
- \,
.
.
COMPARISION OF THE ESTABLISHMENT PERIOD AND WATER
REQUIREMENTS FOR 2.5" AND 4" CALIPER NEWLY PLANTED TREES.
The following data is taken from Your Florida Landscape: a complete guide to planting
and maintenance, published by the University of Florida/Institute of Food and
Agricultural Sciences, Cooperative Extension Service.
*Establishment period means the minimum time required for a nursery grown tree to
established the root system required to survive on natural rainfall patterns. The data
reflects averages of several native tree species growing in the Central Florida region.
*Caliper = tree trunk diameter measured at 6" above grade.
Establishment period
2.5" caliper tree: (Caliper = tree trunk diameter at 6" above grade) 30 weeks
4.0" caliper tree: 52 weeks
Recommended Irrigation schedule, i.e., frequency of watering
2.5" caliper tree: daily for 8 weeks, 3 times a week for 16 weeks and then weekly until
established (6 additional weeks) Total watering events = 110
4.0" caliper tree: daily for 8 weeks, 3 times a week for 16 weeks and then weekly until
established (28 additional weeks) Total watering events = 132
Total quantity of water needed for establishment based on recommended 2 gallons
per diameter inch per application
2.5" caliper tree over establishment period: 110 x 5 = 550 gallons
4.0" caliper tree over establishment period: 132 x 8 = 1056 gallons
Savings per tree over establishment period = 506 gallons
Example: The Clearwater Mall site proposes 900 new trees. Overall savings in gallons of
water if2.5" caliper trees are planted = 900 X 506 or 455,400 gallons.
* Additional data relevant to comparisons of the subject trees: A cost comparison
obtained from a recognized quality tree grower in Florida, Cherry Lake Tree Farm, listed
a 2.5 inch Florida #1 grade live oak tree in a 45 gallon container for $190.00. A 4-inch
diameter live oak tree in a 100 gallon container lists for $430.00
.
.
Citizen / Board Comments
12/11/01
Sign Meeting with Sembler Company and Colliers Arnold
Signage for Shopping Centers
. Sembler Company presented draft proposed sign amendment for shopping centers
within the City of Clearwater
01/07/2002 Coalition of Clearwater Homeowners
7:00 p.m., Long Center, 2nd Floor
. Coalition would review proposed ordinance and provide comments after review
01/15/2002 Main Street Design Committee Meeting
Main Street Economic Development
Main Street Promotion Committee
8:00 a.m., Clearwater Chamber of Commerce
. Temporary signage is too small.
. Review copy of Ormond Beach design guidelines for signs
. Will chain link fencing be allowed on a temporary basis to protect vacant
property?
. Consider requiring property upgrade in proportion to improvements
01/16/2002 Environmental Advisory Board Meeting
4:00 p.m., Commission Chambers
. Look into requiring Brazilian peppers to be removed citywide.
. Removing Brazilian peppers would be very expensive and staff intensive.
. Maybe new development should be required to remove exotics.
01/24/2002 Pinellas Suncoast Association of Realtors
3:15 p.m., MSB
.
Pleased with proposed ordinance.
Additional information on smart growth issues presented by association.
.
1
.
.
02/05/2002 Clearwater Beach Chamber
8:00 a.m., 423 Mandalay
. How would city enforce upgrades to signage if the owner had completed
maintenance of signage?
. Wanted to ensure that height of buildings would not be increased.
. How would TDRs be allocated within the beach and how could those
development rights be transferred?
02/06/2002 Clearwater Governmental Affairs Committee Meeting
8:00 a.m. Chamber Community Room
. Elevated intersection signs need to be clear in language that sign height is
measured at location of sign.
02/06/2002 Downtown Development Board Meeting
5 :30 p.m., City Commission Chambers
. How would proposed roof overhang language effect downtown buildings?
. Why would city limit the use of chain link fences?
. Had downtown groups seen proposed ordinance?
02/11/2002 Public Workshop
4:00 -7:00 p.m., Harborview Center
. Parking on the grass should not be allowed on areas zoned for any use.
. Parking and loading, cleaning of vehicles should be limited to one time a month.
. Maintenance of seawalls: Concern that people will focus on aesthetics and not
structural soundness when considering if seawall is structurally sound.
Property Maintenance Standards: Concern that this proposed ordinance prohibits
all bushes in right-of-way. Ex. On beach, lots ofr-o-w's with no sidewalks,
people have plantings there.
. Property Maintenance Standards: Concern about crack provision, need more
definition. Suggestion, "as determined by the Building Official" for seawall
maintenance.
Signage questions: Proposed signage removed at city legal request.
Signs at elevated intersections: Change to, "at the highest point of the road" when
measuring height of signage.
Change, "freestanding signs - The maximum area permitted is up to two times the
total area of sign faces as calculated by the street frontage or building fayade.
2
.
.
,
.
~
· Include, "and CBD." Transfer of Development Rights may be used to: (1)
implement the goals and policies of approved Community Redevelopment and
CBD Plans; (2)..."
. Clarify when Transfer of Development Rights can be used.
Abandoned signs, this is a good change.
Sign design requirements, excellent.
· This code needs less "flexibility" and less subjective decisions by staff on what is
compatible with a neighborhood.
Support for signs at elevated intersections and Comprehensive Sign Program to
allow up to 5% of building facade.
Hope that city will accept this Code Amendments to help business, which you are
going to assist by Code changes.
All staff at code department is very helpful.
2/11/2002
Harry Patel, General Manager
Ramada Inn, Countryside
Letter that supported proposed sign changes.
02/13/2002 David Little
Chairman, Governmental Affairs
Clearwater Beach Chamber of Commerce
Letter to request Ordinance to allow sandwich boards, menu boards, and outdoor
displays in the tourist district.
02/13/2002 Marine Advisory Board
8:00 a.m., Clearwater Municipal Marina
. Concern that our City lacks knowledge re seawalls.
Need to adopt County standards - their building department interpretation is
usually different than accepted practices.
. Concern about seawall maintenance provision in light of "County approved and
State approved engineering" - was not approved by the City.
02/25/2002 Dr. and Mrs. James A. Avery.
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Letter Re: Too many Adult Nightclubs in Clearwater.
03/03/2002 James Ahearn
Letter regarding tree removal at Clearwater Mall site.
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03/0512002 George Aldrich
Brenda Harris Nixon
. Received letter identify issues with proposed code
. Against: changing Code to allow developers to skip planting trees if
removed trees were diseased.
. Billboards: State of Vermont is allowed to keep all billboards out.
. Sign Code Changes: do not change for new development or anything else.
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PINELLAS PLANNING COUNCIL
COUNCIL MEMBERS
Ms. Cyndi Tarapani, Planning Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Vice-Mayor Nadine S. Nickeson, Chm.
Commissioner Janet Henderson, Vice Chm.
Mayor Robert H. DiNicola, Treas.
Mayor Robert Jackson, Sec.
Mayor Tom De Cesare
Mayor Frank DiDonato, D.C.
Council member Bill Foster
01 Board Member Max R. Gessner
Commissioner Calvin D. Harris
Commissioner Ed Hart
Mayor William B. Smith
Vice-Mayor David Tilki
Council member Chuck Williams
March 7,2002
David P Healey, AICP
Executive Director
RE: Review of Proposed Land Development Regulations for Consistencv with the
Countywide Rules (Ordinance 6928-02)
Dear Ms. Tarapani:
We are in receipt of your submittal dated February 21,2002, regarding the proposed amendments
to the City's Land Development Regulations as contained in the above referenced ordinance
transmitted for our review. In addition, after reviewing the March 6, 2002, re-submittal
pertaining to Transfer of Development Rights, it has been determined that the proposed
amendments are consistent with the Countywide Rules (as noted: some sections reviewed do not
apply to the consistency criteria found in the Rules).
Our review was conducted pursuant to Division 3.4 of the Rules Concerning the Administration
of the Countywide Future Land Use Plan (Countywide Rules). Specifically, we have reviewed
the proposed amendments for consistency with Article 4 - Plan Criteria and Standards, and
Article 7 - Definitions, as detailed below:
1. The amendments to Article 2. Zoning Districts for the following sections are consistent
with the Countywide Rules:
Article 2, Division 7. Commercial District: to delete marinas from the Minimum
Development Standards (MDS) and Flexible Standard Development Standards (FSDS),
to add marinas to the Flexible Development Standards (FDS), and to add social and
community center to the FSDS;
Article 2, Division 8. Tourist District: to delete marinas from the FSDS, and to add social
and community center to the FSDS;
Article 2, Division 9. Downtown District: to add indoor recreation/entertainment facility
and add social and community center to the FSDS;
600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160
TELEPHONE (727) 464-8250 · FAX (727) 464-8212
www.co.pinellas.fl.us/ppc
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Article 2, Division 12. Institutional District: to delete marinas from the MDS and FSDS,
to add assisted living facility, nursing home, social and community center, and congregate
care to the FSDS, and to add marina & marina facilities to FDS; and
Article 2, Division 16. Coachman Ridge Neighborhood Conservation Overlay District: to
delete community residential homes from the MDS.
2. The amendment to Article 4, Division 14. Transferable Development Rights, Sections 4-
1402 and 1403 are consistent with the Countywide Rules. This TDR section restricts the
density/intensity of receiving parcels to 20% of the otherwise allowable density or
intensity in two instances: 1) involving environmental, open space, archaeological,
historical, or architecturally significant lands; and 2) involving areas governed by an
approved redevelopment or special area plan. The recent re-submittal further clarifies
and prohibits transfers to parcels of bnd beyond these two instances.
3. The amendments to Article 2. Zoning Districts, Divisions. 1-10, relating to sign
regulations and above ground utility structures within those districts are not governed by
the consistency criteria of the Countywide Rules and therefore are not subject to the
consistency provisions.
4. The amendments to Article 2. Zoning Districts, Division 12, relating to the Airport
Master Plan and above ground utility structures are not governed by the consistency
criteria of the Countywide Rules and therefore are not subject to the consistency
proVIsIons.
5. The amendments to Article 2. Zoning Districts, Division 13, relating to parking standards
and above ground utility structures are not governed by the consistency criteria of the
Countywide Rules and therefore are not subject to the consistency provisions.
6. The amendments to the following divisions of Article 3. Development Standards,
specifically Division 2. Accessory Use/Structure, Division 6. Dock Marina Standards,
Division 7. Erosion and Siltation Control, Division 8. Fences and Walls, Division 9.
General Applicability Standards, Division 12. Landscaping/Tree Protection, Division 13.
Outdoor Lighting, Division 14. Parking and Loading, Division 15. Property Maintenance
Standards, Division 18. Signs and Division 21. Temporary, do not involve any
amendments that are governed by the consistency criteria of the Countywide Rules and
therefore are not subject to the consistency provisions.
7. The amendments to the following divisions of Article 4. Development Review and Other
Procedures, specifically Division 2. General Procedures, Division 5. Appeals, Division 6.
Level Three Approvals, Division 7. Subdivisions/Plats, Division 12. Tree removal
Permit, and Division 13. Land Clearing and Grubbing does not involve any amendments
that are governed by the consistency criteria of the Countywide Rules and therefore are
not subject to the consistency provisions.
.
.
8. The amendments to Article 1. General Provisions, Article 6. Nonconforming Provisions,
Article 7. Enforcement Proceedings & Penalties, and Article 8. Definitions and Rules of
Construction do not involve any amendments that are governed by the consistency criteria
of the Countywide Rules and therefore are not subject to the consistency provisions.
Thank you for transmitting these code amendments for review. Please forward one copy of the
proposed ordinance to us showing the re-submitted provisions for TDRs incorporated. Also, the
ordinance submitted with your February 21, 2002, letter appears to be one of the original versions
and does not reflect changes that were presented to your Commission at their workshop in
February.
If you have any questions, please feel free to call me at 464-8250.
Sincerely,
~c.
Michael C. Crawford, AICP
Principal Planner
~. .
~ PINELLAS PLANNING COUNCIL
COUNCIL MEMBERS
8 April 02
Vice-Mayor Nadine S. Nickeson, Chm.
Commissioner Janet Henderson, Vice Chm.
Mayor Robert H. DiNicola, Treas.
Mayor Robert Jackson, Sec.
Mayor Tom De Cesare
Mayor Frank DiDonato, D.C.
Councilmember Bill Foster
School Board Member Max R. Gessner
Commissioner Calvin D. Harris
Commissioner Ed Hart
Mayor William B. Smith
Vice-Mayor David Tilki
Council member Chuck Williams
Mr. Richard Kephart
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Re: Clearwater Land Development Code Proposed Ordinance
David P Healey, AICP
Executive Director
Dear Mr. Kephart:
Thank you for submitting a copy of the final proposed ordinance amending the City of
Clearwater Land Development Code. As we discussed, the City's language addressing
the issue of Transferable Development Rights in the final proposed ordinance was
determined consistent with the Countywide Rules.
If you have any questions, please call me at 464-8250.
Sincerely,
dj~
Program Planner
600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160
TELEPHONE (727) 464-8250 · FAX (727) 464-8212
www.co.pinellas.fl.us/ppc
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NOTICE OF TEXT AMENDMENT
The City of Clearwater, Florida, proposed to adopt the following ordinance:
ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING COMPREHENSIVE AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, THE MINIMUM STANDARD
DEVELOPMENT CHARTS IN ALL ZONING DISTRICTS, BY ADDING, DELETING, AND/OR REVISING USES,
DIMENSIONAL, AND/OR FLEXIBILITY CRITERIA IN THE LOW MEDIUM DENSITY RESIDENTIAL DISTRICT,
COMMERCIAL DISTRICT, TOURIST DISTRICT, OFFICE DISTRICT, INSTITUTIONAL DISTRICT, INDUSTRIAL,
RESEARCH, AND TECHNOLOGY DISTRICT, AND THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY MAKING REVISIONS TO THE
DEVELOPMENT STANDARDS WITH REGARD TO ACCESSORY USE/STRUCTURES, DOCK/MARINAS, EROSION
AND SILTATION CONTROL, FENCES AND WALLS, GENERAL APPLICABILITY STANDARDS,
LANDSCAPING/TREE PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING, PROPERTY MAINTENANCE
ST ANDARDS, SIGNS, AND TEMPORARY USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO APPLICATIONS FOR DEVELOPMENT APPROVAL, APPEALS,
SUBDIVISIONS/PLATS, TREE REMOVAL PERMIT, LAND CLEARING AND GRUBBING, AND TRANSFER OF
DEVELOPMENT RIGHTS; AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN
THE NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND
PENALTIES, BY MAKING CHANGES IN THE MUNICIPAL CODE ENFORCEMENT BOARD/SPECIAL MASTER
HEARING PROCEDURES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY ADDING A
PROVISION REGARDING ZONING DISTRICT BOUNDARIES TO THE RULES OF CONSTRUCTION AND BY ADDING
AND REVISING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 6932-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO RESIDENTIAL RENTALS; CREATING
ARTICLE 3, DIVISION 23, COMMUNITY DEVELOPMENT CODE; PROVIDING FOR APPLICABILITY; REQUIRING
OCCUPATIONAL LICENSING FOR CERTAIN RESIDENTIAL RENTALS AND PROVDING A FEE THEREFOR;
REQUIRING LOCAL REPRESENTATION FOR OCCUPATIONAL LICENSE APPLICATIONS FOR RESIDENTIAL
RENTALS; ALLOWING FOR AN OPTIONAL PORTFOLIO LISTING FOR MULTIPLE PROPERTIES FOR THE PURPOSE
OF INSPECTIONS; REQUIRING THE FILING OF A STATEMENT ACKNOWLEDGING RECEIPT OF NOTICE OF
CERT AIN HOUSING AND DEVELOPMENT STANDARDS; PROVIDING FOR INSPECTIONS FOR COMPLIANCE
PURPOSES AND FEES FOR PROPERTIES NOT PASSING INSPECTION; PROVIDING FOR ENFORCEMENT AND
PENALTIES; PROVIDING FOR REVOCATION OR DENIAL OF OCCUPATIONAL LICENSE; AMENDING APPENDIX
A, CODE OF ORDINANCES, REGARDING OCCUPATIONAL LICENSE FEES; PROVIDING AN EFFECTIVE DATE.
Schedule of Public Hearine:s:
Tuesday, March 19,2002 before the Community Development Board, at 2:00 p.rn.
Thursday, April 18, 2002 before the City Commission (1st Reading), at 6:00 p.rn.
Thursday, May 2,2002 before the City Commission (2nd Reading), at 6:00 p.rn.
All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola
Avenue, Clearwater, Florida. TA 02-01-01 & TA 02-02-03
Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Avenue,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such
an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The
inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal
does not exist as a matter of law.
,
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Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or
during the public hearing.
A COpy OF THIS AD IN LARGE PRINT IS A V AILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A
DISABILITY REOUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING
SHOULD CALL THE CITY CLERK DEPT WITH THEIR REOUEST AT (727) 562-4090.
City of Clearwater
P.O. Box 4748
Clearwater, Fl 33758-4748
Cynthia E. Goudeau, CMC
City Clerk
Ad: 03/02/02 & 04/13/02
.
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NOTICE OF TEXT AMENDMENT
The City of Clearwater, Florida, proposed to adopt the following ordinance:
ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING COMPREHENSIVE AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, THE MINIMUM STANDARD
DEVELOPMENT CHARTS IN ALL ZONING DISTRICTS, BY ADDING, DELETING, AND/OR REVISING USES,
DIMENSIONAL, AND/OR FLEXIBILITY CRITERIA IN THE LOW MEDIUM DENSITY RESIDENTIAL DISTRICT,
COMMERCIAL DISTRICT, TOURIST DISTRICT, OFFICE DISTRICT, INSTITUTIONAL DISTRICT, INDUSTRIAL,
RESEARCH, AND TECHNOLOGY DISTRICT, AND THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY MAKING REVISIONS TO THE
DEVELOPMENT STANDARDS WITH REGARD TO ACCESSORY USE/STRUCTURES, DOCK/MARINAS, EROSION
AND SILTATION CONTROL, FENCES AND WALLS, GENERAL APPLICABILITY STANDARDS,
LANDSCAPING/TREE PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING, PROPERTY MAINTENANCE
STANDARDS, SIGNS, AND TEMPORARY USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO APPLICATIONS FOR DEVELOPMENT APPROV AL, APPEALS,
SUBDIVISIONS/PLATS, TREE REMOVAL PERMIT, LAND CLEARING AND GRUBBING, AND TRANSFER OF
DEVELOPMENT RIGHTS; AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN
THE NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND
PENALTIES, BY MAKING CHANGES IN THE MUNICIPAL CODE ENFORCEMENT BOARD/SPECIAL MASTER
HEARING PROCEDURES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY ADDING A
PROVISION REGARDING ZONING DISTRICT BOUNDARIES TO THE RULES OF CONSTRUCTION AND BY ADDING
AND REVISING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE.
Schedule of Public Hearin2s:
Tuesday, February 19,2002 before the Community Development Board, at 2:00 p.rn.
Thursday, February 21, 2002 before the City Commission (1st Reading), at 6:00 p.m.
Thursday, March 7,2002 before the City Commission (2nd Reading), at 6:00 p.m.
All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola
A venue, Clearwater, Florida.
Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Avenue,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such
an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The
inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal
does not exist as a matter of law.
Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or
during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A
DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING
SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090.
City of Clearwater
P.O. Box 4748
Clearwater, Fl 33758-4748
Cynthia E. Goudeau, CMC
City Clerk
Ad: 02/14/02 & 2/25/02
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REVISED
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TO:
Bill Horne, City Manager
FROM:
Cyndi Tarapani, Director of Planning
DATE:
December 28, 200 I
RE:
Annual Review of Community Development Code
Since the passage of the new Community Development Code, the Planning Department
has been charged with reviewing the Code on an annual basis to determine if any
additions, deletions, or revisions are needed to improve the administration of the Code or
regulations imposed. Over the past year, the Planning Department has been compiling a
list of issues associated with the Code. Suggested amendments have been collected from
various departments including Planning, Development Services and Parks and
Recreation, as well as the City Commission, Community Development Board and
citizens.
The Planning Department is recommending a number of amendments to the Community
Development Code. Two lists of proposed amendments are attached for your review.
One includes amendments to the entire Code and the other focuses only on the sign
regulations. Each list includes policy issues, as well as minor revisions that are editorial
in nature, provide additional flexibility, eliminate conflicting provisions or refine existing
provisions. Included in that list are also amendments that were suggested by citizens or
board members and whether or not the Planning Department recommends the inclusion
of the amendment.
Below please find the issues that the Planning Department has identified as a change in
current policy or a new policy issue that requires direction from the City Commission.
Also please find several proposals that were suggested by citizens or board members that
are not recommended by the Planning Department.
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Issues from the Comprehensive List of Amendments
Article 2 - Zoning Districts
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Revise diagrams illustrating setback requirements in all zoning districts by renaming
accessory uses to accessory structures and eliminating reduced setbacks specifically
for accessory structures in the front setback in all districts.
.
Add social and community centers as minimum standard and flexible standard uses in
the Downtown, Tourist and Commercial Districts to recognize existing social and
community centers in those districts. The Code currently only permits them in the
Institutional District.
.
Delete marinas/marina facilities as minimum standard and flexible standard uses in
the Commercial, Tourist, Downtown and Institutional Districts and require them to be
flexible uses. Require docking facilities associated with marinas/marina facilities to
be in compliance with the new commercial dock provisions.
.
Consider making the City Commission the review body for any building exceeding
100 feet in height in the Tourist District. The only projects that could exceed 100 feet
in height are those requesting use of the density pool and/or using transfer of
development rights. Beach by Design requires Commission approval of any project
using the density pool; therefore the Commission has the ultimate authority of those
projects. The Commission does not have review authority for the use of transfer of
development rights (TDR's); therefore, this amendment would only apply to those
projects using TDR's. [At the January 10,2002 meeting, the City Commission voted
not to include this proposed amendment.)
Article 3 - Development Standards
· Add deviation provisions for multi-use docks 500 square feet in size or smaller
consistent with the deviations procedures established for docks for single and two
family dwellings. These procedures would allow deviations if adjacent property
owners agree or through a flexible standard review process if they do not agree.
· Add provision that requires boats to be secured within property boundary lines if
attached to davits. This requirement is being added because davits are exempt
from dock setback requirements and clarification is needed that boats should not
extend over property lines extended into the water.
· Prohibit chain link fences in the Downtown District to be consistent with the
design theme and character established in the Downtown Design Guidelines.
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Require all vending machines to be located within a building. The Code currently
allows these to be located outside if they are placed under a roof. A provision is
also proposed that permits vending machines to be located on parkland outside of
a building provided they are centrally located within the park area. [At the
January 7, 2002 Warksessian, the Commission directed staff to address the sign
issues associated with vending machines and continue to allow them located
outside of buildings. Staff is also considering limiting the number of outdoor
machines on a site.]
.
Allow developed multi-family and commercial properties to be eligible for the
25% tree replacement credit that currently exists for undeveloped multi-family
and commercial properties. In many instances once a property is developed there
is not sufficient room to accommodate the required inch per inch tree
replacement.
.
Add provision that requires the methodology and findings of a parking demand
study to be in accordance with accepted traffic engineering principles and to be
approved by the Community Development Coordinator.
.
Add provision that requires seawalls to be maintained and one that declares un-
maintained and unsafe seawalls a nuisance.
.
Expand nuisance provision to prohibit the growth of shrubs and vegetation, in
addition to weeds or trash, within the right-of-way. This amendment will require
the removal a wider variety of debris from sidewalks, etc. by the abutting property
owner.
.
Add an incentive for the placement of telecommunication towers on city property.
Acceptable towers sites should be identified in advanced and permitted through a
flexible standard approval process instead of a flexible approval (submitted by the
Community Development Board and telecommunication industry). Add
requirement that towers must be designed to reduce visual impacts of tower.
Discussion is also needed with regard to the permitted height requirements of
towers (requested by City Commission). Also determine whether
telecommunication provisions should prohibit lattice and guy wire towers and
only permit monopole towers. [At the January 7, 2002 Warksessian, the City
Commission indicated a need for more information on this issue and directed staff
to address telecommunication towers in a separate ordinance.]
.
Add provision for Community Development Coordinator to allow PODS III
emergency situation for duration of emergency repairs.
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Article 4 - Development Review and Other Procedures
· Eliminate the option that a plat of record be allowed to be submitted with an
application for development approval. A survey of the property will be the only
acceptable means of depicting the property.
· Revise Hearing Officer appeals provisions so the only information that can be
used is that which was presented during the original hearing. No additional
"new" information may be introduced into the appeal. Also need to describe the
format of the final decision of the Hearing Officer.
· Require evidence of the recording of the final plat be submitted prior to the
issuance any building permit instead of the issuance of a certificate of occupancy.
· To gain consistency with the Countywide Rules, provisions should be added to
specify that that transfer of development rights may only be used within approved
Community Redevelopment Areas or to protect architecturally significant
structures, historic structures, and environmentally sensitive areas. Require that
the sending site meet all property maintenance standards. The following options
should be discussed regarding height of structures that involve TDR's: create a
calculation that ties the number of units transferred to allowable height of
development (a sliding scale method); (2) eliminate any extra height; or (3)
reduce allowable height increase from 50% to 20%, which is the percentage of
density increase allowed on the receiving site. (Height concerns submitted by
Commissioner Jonson.) [At the January 7, 2002 Warksessian, the City
Commission directed to staff to prepare a provision that requires a reasonable
relationship between the number of units transferred and the building height.)
Article 7 Enforcement Proceedings and Penalties
. Delete provision that allows a notice of violation to be deemed withdrawn if prior
to the hearing the violation is corrected and does not occur again within six
month.
Issues from the List of Amendments to the Sign Regulations
Division 18 of Article 3 Development Standards
. Eliminate option that permits neutral sign panels to be used within an abandoned
sign structure. The elimination of this option would require reliance on the other
option, which would require an abandoned sign and/or nonconforming sign
structure to be removed.
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Add provision that permits higher freestanding signs at elevated intersections.
This proposed amendment is needed to address the identification needs of
property that will be located adjacent to proposed overpasses along U.S. 19.
.
Clarify that only businesses that have exterior entrances are allowed to have
attached and/or freestanding signs. Those buildings where tenant access is from
the building interior (e.g. office building) may only have one attached and
freestanding sign.
.
Add provision that requires all signage to be architecturally integrated into the.
building and/or site. This includes design features and materials.
.
Eliminate cap (two times the total area of sign faces permitted under the minimum
standards) imposed on sign area through the Comprehensive Sign Program and
replace with a provision requiring signage to be proportional to the facade of the
building and/or site.
.
Add definition of sign maintenance so there is a limit on the amount of repairs
that can be made to nonconforming signs. If such limit is not imposed, it
nonconforming signs can continually be repaired and never made to comply with
the current sign ordinance.
Amendments Submitted that Planning Department Does not Recommend
· Exclude certain "structures" from setback requirements such as sidewalks,
parking lots, pool decks, pavers, etc. (submitted by Community Development
Board Member Mazur). This amendment was proposed because the old code did
not require at-grade structures to comply with setbacks and because public notices
have confused many people. The Planning Department has changed the way in
which it advertises deviations related to at grade structures and during the code
update last year, parking lot setbacks in the front yard were reduced from 25 feet
to 15 feet as staff level review. The Planning Department believes this issue has
been resolved. [At the January 7, 2002 Worksessian, the City Commission agreed
that this amendment is not needed.)
· Address spill lighting that occurs from the building interior (submitted by
Commissioner Jonson). The Legal Department reviewed this issue and indicated
that it would be difficult to enforce if a certificate of occupancy has already been
issued. An existing nuisance provision (Section 3-1503.8.9) could possibly deal
with extreme cases; however, it will be very difficult to enforce on lighting
emanating from inside buildings. For new development, this potential issue could
be addressed at site plan review. Due to the difficulty in enforcing this, it should
be determined if this is a citywide issue that needs to be addressed. [Any lighting
intruding on turtle nesting areas may, however, be regulated.] [At the January 7,
2002 Warksessian, the City Commission did not direct staff to include this
proposed amendment.)
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Delete provisions related to noise associated with sound trucks that permit speech
or music to emanate up to 100 feet in any direction due to difficulty of
enforcement. (Issue was raised by Dave Campbell due to noise associated with
ice cream trucks.) This has not been a citywide problem and the solicitation
provisions limit the sale of products from a vehicle within specific areas of the
City (Cleveland St., the Beach, Sand Key, Memorial Causeway and downtown
core), therefore, Planning Department does not recommend this change. [At the
January 7, 2002 Warksessian, the City Commission did not direct staff to include
this proposed amendment.)
.
Regulate "play equipment" as an accessory use (submitted by Sandy Curry). The
Planning Department does not recommend change since no building permit is
issued for such equipment and it would be very difficult to enforce. [At the
January 7, 2002 Warksessian, the City Commission did not direct staff to include
this proposed amendment.)
.
Create a separate new section in the sign ordinance that only regulates malls and
shopping centers exceeding 15 acres (proposed by Sembler Company and Collier
Amolds). In addition to larger and more signage, the proposal would only allow
currently prohibited signs on these sites, i.e. roof signs, portable signs, changeable
copy signs, numerous banners, etc. The Planning Department does not
recommend incorporating the proposed provisions because it would treat this type
of retail differently from other retail and would result in visual clutter due to the
extreme number, size and height of proposed signage. The Planning Department
recognizes, however, that larger and/or additional signage may be appropriate on
large-scale properties and the current limit on twice the allowable signage through
the Comprehensive Sign Program is too limiting. The Planning Department is
therefore recommending that this cap be eliminated, which will permit
applications to increase signs in proportion with buildings and sites. This
provision will also be available for all development within the City and can be
used for any permitted sign. This will be of value to all businesses within the City
and can also specifically be used to increase the size of theater marquees, which
has been problematic in the past. [At the January 7, 2002 Warksessian, the City
Commission did not direct staff to include this proposed amendment.)
Garry Brumback, Assistant City Manager
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TO:
Bill Horne, City Manager
FROM:
Cyndi Tarapani, Director of Planning
DATE:
December 28, 2001
RE:
Annual Review of Community Development Code
Since the passage of the new Community Development Code, the Planning Department
has been charged with reviewing the Code on an annual basis to determine if any
additions, deletions, or revisions are needed to improve the administration of the Code or
regulations imposed. Over the past year, the Planning Department has been compiling a
list of issues associated with the Code. Suggested amendments have been collected from
various departments including Planning, Development Services and Parks and
Recreation, as well as the City Commission, Community Development Board and
citizens.
The Planning Department is recommending a number of amendments to the Community
Development Code. Two lists of proposed amendments are attached for your review.
One includes amendments to the entire Code and the other focuses only on the sign
regulations. Each list includes policy issues, as well as minor revisions that are editorial
in nature, provide additional flexibility, eliminate conflicting provisions or refine existing
provisions. Included in that list are also amendments that were suggested by citizens or
board members and whether or not the Planning Department recommends the inclusion
of the amendment.
Below please find the issues that the Planning Department has identified as a change in
current policy or a new policy issue that requires direction from the City Commission.
Also please find several proposals that were suggested by citizens or board members that
are not recommended by the Planning Department.
1
.
.
Issues from the Comprehensive List of Amendments
Article 2 - Zoning Districts
.
Revise diagrams illustrating setback requirements in all zoning districts by renaming
accessory uses to accessory structures and eliminating reduced setbacks specifically
for accessory structures in the front setback in all districts.
.
Add social and community centers as minimum standard and flexible standard uses in
the Downtown, Tourist and Commercial Districts to recognize existing social and
community centers in those districts. The Code currently only permits them in the
Institutional District.
.
Delete marinas/marina facilities as minimum standard and flexible standard uses in
the Commercial, Tourist, Downtown and Institutional Districts and require them to be
flexible uses. Require docking facilities associated with marinas/marina facilities to
be in compliance with the new commercial dock provisions.
.
Consider making the City Commission the review body for any building exceeding
100 feet in height in the Tourist District. The only projects that could exceed 100 feet
in height are those requesting use of the density pool and/or using transfer of
development rights. Beach by Design requires Commission approval of any project
using the density pool; therefore the Commission has the ultimate authority of those
projects. The Commission does not have review authority for the use of transfer of
development rights (TDR's); therefore, this amendment would only apply to those
projects using TDR's.
Article 3 - Development Standards
· Add deviation provisions for multi-use docks 500 square feet in size or smaller
consistent with the deviations procedures established for docks for single and two
family dwellings. These procedures would allow deviations if adjacent property
owners agree or through a flexible standard review process if they do not agree.
· Add provision that requires boats to be secured within property boundary lines if
attached to davits. This requirement is being added because davits are exempt
from dock setback requirements and clarification is needed that boats should not
extend over property lines extended into the water.
. Prohibit chain link fences in the Downtown District to be consistent with the
design theme and character established in the Downtown Design Guidelines.
· Require all vending machines to be located within a building. The Code currently
allows these to be located outside if they are placed under a roof. A provision is
also proposed that permits vending machines to be located on parkland outside of
a building provided they are centrally located within the park area.
2
.
.
.
Allow developed multi-family and commercial properties to be eligible for the
25% tree replacement credit that currently exists for undeveloped multi-family
and commercial properties. In many instances once a property is developed there
is not sufficient room to accommodate the required inch per inch tree
replacement.
.
Add provision that requires the methodology and findings of a parking demand
study to be in accordance with accepted traffic engineering principles and to be
approved by the Community Development Coordinator.
.
Add provision that requires seawalls to be maintained and one that declares un-
maintained and unsafe seawalls a nuisance.
.
Expand nuisance provision to prohibit the growth of shrubs and vegetation, in
addition to weeds or trash, within the right-of-way. This amendment will require
the removal a wider variety of debris from sidewalks, etc. by the abutting property
owner.
.
Add an incentive for the placement of telecommunication towers on city property.
Acceptable towers sites should be identified in advanced and permitted through a
flexible standard approval process instead of a flexible approval (submitted by the
Community Development Board and telecommunication industry). Add
requirement that towers must be designed to reduce visual impacts of tower.
Discussion is also needed with regard to the permitted height requirements of
towers (requested by City Commission). Also determine whether
telecommunication provisions should prohibit lattice and guy wire towers and
only permit monopole towers.
.
Add provision for Community Development Coordinator to allow PODS III
emergency situation for duration of emergency repairs.
Article 4 - Development Review and Other Procedures
. Eliminate the option that a plat of record be allowed to be submitted with an
application for development approval. A survey of the property will be the only
acceptable means of depicting the property.
. Revise Hearing Officer appeals provisions so the only information that can be
used is that which was presented during the original hearing. No additional
"new" information may be introduced into the appeal. Also need to describe the
format of the final decision of the Hearing Officer.
. Require evidence of the recording of the final plat be submitted prior to the
issuance any building permit instead of the issuance of a certificate of occupancy.
3
.
.
.
To gain consistency with the Countywide Rules, provisions should be added to
specify that that transfer of development rights may only be used within approved
Community Redevelopment Areas and to protect architecturally significant
structures, historic structures, and environmentally sensitive areas. Require that
the sending site meet all property maintenance standards. The following options
should be discussed regarding height of structures that involve TDR's: create a
calculation that ties the number of units transferred to allowable height of
development (a sliding scale method); (2) eliminate any extra height; or (3)
reduce allowable height increase from 50% to 20%, which is the percentage of
density increase allowed on the receiving site. (Height concerns submitted by
Commissioner Jonson.)
Article 7 Enforcement Proceedings and Penalties
.
Delete provision that allows a notice of violation to be deemed withdrawn if prior
to the hearing the violation is corrected and does not occur again within six
month.
Issues from the List of Amendments to the Sign Regulations
Division 18 of Article 3 Development Standards
· Eliminate option that permits neutral sign panels to be used within an abandoned
sign structure. The elimination of this option would require reliance on the other
option, which would require an abandoned sign and/or nonconforming sign
structure to be removed.
· Add provision that permits higher freestanding signs at elevated intersections.
This proposed amendment is needed to address the identification needs of
property that will be located adjacent to proposed overpasses along U.S. 19.
· Clarify that only businesses that have exterior entrances are allowed to have
attached and/or freestanding signs. Those buildings where tenant access is from
the building interior (e.g. office building) may only have one attached and
freestanding sign.
· Add provision that requires all signage to be architecturally integrated into the
building and/or site. This includes design features and materials.
· Eliminate cap (two times the total area of sign faces permitted under the minimum
standards) imposed on sign area through the Comprehensive Sign Program and
replace with a provision requiring signage to be proportional to the facade of the
building and/or site.
4
.
.
.
Add definition of sign maintenance so there is a limit on the amount of repairs
that can be made to nonconforming signs. If such limit is not imposed, it
nonconforming signs can continually be repaired and never made to comply with
the current sign ordinance.
Amendments Submitted that Planning Department Does not Recommend
.
Exclude certain "structures" from setback requirements such as sidewalks,
parking lots, pool decks, pavers, etc. (submitted by Community Development
Board Member Mazur). This amendment was proposed because the old code did
not require at-grade structures to comply with setbacks and because public notices
have confused many people. The Planning Department has changed the way in
which it advertises deviations related to at grade structures and during the code
update last year, parking lot setbacks in the front yard were reduced from 25 feet
to 15 feet as stafflevel review. The Planning Department believes this issue has
been resolved.
.
Address spill lighting that occurs from the building interior (submitted by
Commissioner Jonson). The Legal Department reviewed this issue and indicated
that it would be difficult to enforce if a certificate of occupancy has already been
issued. An existing nuisance provision (Section 3-1503.B.9) could possibly deal
with extreme cases; however, it will be very difficult to enforce on lighting
emanating from inside buildings. For new development, this potential issue could
be addressed at site plan review. Due to the difficulty in enforcing this, it should
be determined if this is a citywide issue that needs to be addressed. [Any lighting
intruding on turtle nesting areas may, however, be regulated.]
.
Delete provisions related to noise associated with sound trucks that permit speech
or music to emanate up to 100 feet in any direction due to difficulty of
enforcement. (Issue was raised by Dave Campbell due to noise associated with
ice cream trucks.) This has not been a citywide problem and the solicitation
provisions limit the sale of products from a vehicle within specific areas of the
City (Cleveland St., the Beach, Sand Key, Memorial Causeway and downtown
core), therefore, Planning Department does not recommend this change.
.
Regulate "play equipment" as an accessory use (submitted by Sandy Curry). The
Planning Department does not recommend change since no building permit is
issued for such equipment and it would be very difficult to enforce.
.
Create a separate new section in the sign ordinance that only regulates malls and
shopping centers exceeding 15 acres (proposed by Sembler Company and Collier
Amolds). In addition to larger and more signage, the proposal would only allow
currently prohibited signs on these sites, i.e. roof signs, portable signs, changeable
copy signs, numerous banners, etc. The Planning Department does not
recommend incorporating the proposed provisions because it would treat this type
of retail differently from other retail and would result in visual clutter due to the
5
.
.
extreme number, size and height of proposed signage. The Planning Department
recognizes, however, that larger and/or additional signage may be appropriate on
large-scale properties and the current limit on twice the allowable signage through
the Comprehensive Sign Program is too limiting. The Planning Department is
therefore recommending that this cap be eliminated, which will permit
applications to increase signs in proportion with buildings and sites. This
provision will also be available for all development within the City and can be
used for any permitted sign. This will be of value to all businesses within the City
and can also specifically be used to increase the size of theater marquees, which
has been problematic in the past.
cc: Garry Brumback, Assistant City Manager
6
...
.
.
Nicodemus, Sherrie
From:
Sent:
To:
Subject:
Tarapani, Cyndi
Tuesday, March 26, 2002 8:56 AM
Nicodemus, Sherrie
FW: Commission Request
so you have the final response. thanks.
-----Original Message-----
From: Kurleman, Scott
Sent: Tuesday, March 26, 2002 8:54 AM
To: Wilson, Denise A.
Cc: Tarapani, Cyndi; Fierce, Lisa
Subject: FW: Commission Request
-----Original Message-----
From: Mayberry, Alan
Sent: Tuesday, March 26, 2002 7:53 AM
To: Johnson, Gary; Manni, Diane
Cc: Kurleman, Scott
Subject: RE: Commission Request
Gary: The tree in question is located near the property line of Hooters and Pete and Shorty's. The tree is growing adjacent
to the S.R.60 right of way and under a large rack of overhead wires. The tree has been pruned by Florida Power sub-
contractors and apparently by the property owner as well. Due to its location this tree will never be able to develop a crown
typical for the species. I looked at this tree Friday and observed that small diameter branches were recently pruned utilizing
a pruning method called crown reduction. This pruning technique is different from topping as it does not employ inter-nodal
cuts that cause decay. It is a common technique used by power companies. I asked Scott kurleman from planning to
inspect the tree to determine if the pruning constituted a violation. He reported that he does not see it as a violation but will
speak with the property owner and explain that trees utilized in required landscape areas must be allowed to grow and
attain mature size. However, as previously mentioned, there will always be restrictions on this tree due to the location
adjacent to overhead wires.
-----Original Message-----
From: Johnson, Gary
Sent: Friday, March 22, 2002 1:51 PM
To: Manni, Diane
Cc: Mayberry, Alan
Subject: RE: Commission Request
Alan will look at this and get us an answer.
Thanks - Gary
-----Original Message-----
From: Manni, Diane
Sent: Friday, March 22, 2002 1:39 PM
To: Johnson, Gary
Subject: FW: Commission Request
-----Original Message-----
From: Tarapani, Cyndi
Sent: Friday, March 22, 2002 12:05 PM
To: Wilson, Denise A.; Arasteh, Mahshid
Cc: Nicodemus, Sherrie; Manni, Diane; Albee, Rick; Fierce, Lisa
Subject: RE: Commission Request
'\
I will ask Rick to let me kn.f any trees in this vicinity on private p.rty have been trimmed.
Mahshid-could you please advise the same if on public property. Thanks.
-----Original Message---n
From: Wilson, Denise A.
Sent: Friday, March 22, 2002 11:52 AM
To: Tarapani, Cyndi; Arasteh, Mahshid
ec: Nicodemus, Sherrie; Manni, Diane
Subject: Commission Request
Importance: High
Bill received a request from a Commissioner regarding tree topping. The Commissioner reported that a oak
tree near Pete and Shorty's has been topped in violation of the tree ordinance to provide visibility to a billboard.
Could you please investigate and provide a status to me.
If possible, could I have the response by next Wednesday, March 27th.
Thanks.
Denise
2
.
.
tniM~
NictJdemus, Sherrie
From:
Sent:
To:
Cc:
Subject:
Tarapani, Cyndi
Friday, March 29, 2002 10:45 AM
Wilson, Denise A.
Nicodemus, Sherrie
RE: Commission Request
Answers to your questions:
i-We are getting a copy made by Engineering and will get it to you-probably today.
2-The CDB workshop will be on Wednesday, April 3 from 9 am-ll am in the MSB room 130.
3- Weare checking all of the graphics to make sure there are no inaccuracies. We will have them corrected and/ or
confIrmed by the City Commission workshop on April 15.
4- Weare not changing the methodology of calculating the attached signage. The current code regulates the
amount of attached sign age as a percentage of the building facade and that will not change in this proposal. The
proposal is to increase the size amount from 1 % to 5%.
Please let me know if you have more questions. Thanks.
---nOriginal Messagen---
From: Wilson, Denise A.
Sent: Thursday, March 28, 2002 3:44 PM
To: Tarapani, Cyndi
ec: Nicodemus, Sherrie
Subject: Commission Request
Bill received several questions from Commissioner Jonson regarding the development code.
1) Comm. Jonson would like to receive a copy of the drawings presented by Mr. Sembler at the last CDB meeting.
spoke to Sherrie and she is going to get a copy for him.
2) When will the CDB hold their next workshop? Sherrie advised that the tentative date is April 3, 9-11 a.m. in MSB
Room 130
3) At the CDB there was some question about the accuracy of the Dillards and the Dunkin Donuts sign comparisons.
Were these verified?
4) What was the basis for changing to a percent of the front facade?
Except for #1 and #2, could I please have these responses by next Wednesday afternoon.
Thanks.
Denise
1
.
.
Page 1 of 1
Nicodemus, Sherrie
C~.~~ !:.. ' (J f:.)
( 1/'/) 2
1- y
,
From: Wilson, Denise A.
Sent: Wednesday, March 27, 2002 12:50 PM
To: Tarapani, Cyndi
Cc: Nicodemus, Sherrie
Subject: FW: IG Knowledge Center - Retail/Pedestrian
Could you please respond to this question.
Thanks
Denise
-----Original Message-----
From: Jesse Drake [mailto:network@ig.org]
Sent: Tuesday, March 26, 2002 7:01 PM
To: IG Member
Subject: IG Knowledge Center - Retail/Pedestrian adjacency
Networking Group: Community and Economic Development
From: Jesse Drake
Message:
The Town of Fountain Hills is reviewing a proposal for a project that is suggesting an adjacency of:
street, then retail backing (or double fronting) to 100 ft wide pedestrian walkway with multi-family on
the other side of pedestrian. The project will comprise this relationship in a linear strip approx 1500 feet
long. I am searching for a successful model for this relationship, or an example of where this
relationship did not work.
~'Cliclib~re 1o_rewvnd_ to.thi~reqlle1iltfQIjnfoLmJ:tjion.' ~
Respond Before:
4/26/2002
3/27/2002
.
.
Nicodemus, Sherrie
From:
Sent:
To:
Subject:
Brink, Carolyn
Thursday, May 09, 2002 4:59 PM
Nicodemus, Sherrie
FW: Second Readings, Trees, Signs
File copy.
cb
-----Original Message-----
From: Brink, Carolyn
Sent: Thursday, May 09, 2002 4:55 PM
To: 'David MacNamee'
Subject: RE: Second Readings, Trees, Signs
Dear Mr. NacNamee:
I am responding to concerns you expressed over the newly adopted Community Development
Code revisions as they relate to signs and tree specifications.
Revisions to the City's Code were adopted only after numerous opportunities were made
available for input from neighborhood groups, public workshops, and City Boards. Public
workshops were held to give citizens the opportunity to discuss proposed changes and make
their concerns and recommendations known directly to staff. Citizen input from these
workshops and public hearings were considered when formalizing the revisions to the Code.
All workshops and public hearings are advertised to permit public involvement in the
decision process. If you wish to review the new Code it is available on the City's
website under the Planning Department, or you may pick up a copy at the Planning
Department, 100 South Myrtle Avenue, 2nd Floor.
Thank you for your interest in maintaining the quality of our City.
Sincerely, Brian J. Aungst, Mayor
-----Original Message-----
From: David MacNamee [mailto:dmacnav@worldnet.att.netJ
Sent: Thursday, April 25, 2002 1:54 PM
To: citycomm@clearwater-fl.com
Subject: Second Readings, Trees, Signs
I am disappointed that the city commission has decided to throwaway all the
hard work that has been done in the past to ensure the beauty of our city.
Allowing lax tree replacement rules and less stringent sign rules will only
benefit the developers (most of whom do not live here) and put $$ in their
pockets. Leaving those of us who pay taxes and vote here to live in a tree
barren and sign infested city. Once these rules are changed it will be hard
if not impossible to change them back. Think long and hard about who is
being catered to here -- residents or out of town developers. We'll be
watching how you vote on the second reading; I urge you all to reconsider
and vote these new rules down.
David MacNamee
1
APR-26-2002 10:08
8rink, Carol n
-
P.02
.
.
T ):
$ ~bject:
Commission
FW: Second Readings, Trees, Signs
RECEIVED
F:r. co
APR 2 G 7:'02
-'---Original Me,$sage-----
F:om: Brink, Carolyn
S lnt: Friday, April 26, 2002 8 37 AM
T): 'David MacNamee'
Slbject: RE: Second Readings, rees, Signs
CITY MANAGER'S OFFICE
Dlar Mr. MacNamee: Your e-mai has been received and will be copied to the Mayor and
C)mmissioners.
- ----Original Message-----
F:om: David MacNamee [mailto:
Slnt: Thursday, April 25, 2002
T); citycomm@clearwater-fl.com
Slbject: Second Readings, Tree
I am disappointed that the cit
hlrd work that has been done i
A.lowing lax tr@@ replacement
b~nefit the developers (most 0
p)ckets. Leaving those of us
blrren and sign infested city.
i: not impossible to change th
bling catered to here -- resid
wItching how you vote on the s
a.ld vote these new rules down.
Dlvid MacNamee
cnav@worldnet.att.net]
1:54 PM
, Signs
commission has decided to throwaway all the
the past to ensure the beauty of our city.
ules and less stringent sign rules will only
whom do not live here) and put $$ in their
ho pay taxes and vote here to live in a tree
OnCe these rules are changed it will be hard
m back. Think long and hard about who is
nts or out of town developers. We'll be
cond reading; I urge you all to reconsider
Q.t}~~,~
Pleose prepare a response
for the Mayor's sign.ture.
cc: CIty Commls~~on .
Due dcte~ 513\ b?.
TOTAL P.02
Ni(.Je~us. Sherrie
.
.
From:
Sent:
To:
Cc:
Subject:
Fierce, Lisa
Thursday, April 25, 2002 12:28 PM
'jsimmons@usinternet.com'
Nicodemus, Sherrie; Tarapani, Cyndi; Schodtler, John
FW: Response to your recent inquiry regarding 1350/1370 gulf boulevard
April 25, 2002
Ms Judy Simmons, President
Clearwater Sand Key Club Association
jsimmons@usinternet.com
Re: The property located at 1350 & 1370 Gulf Boulevard, Clearwater, FL
Dear. Simmons:
The subject property is zoned HDR, High Density Residential District, and is consistent with its
underlying land use designation of RH, Residential High Category. The High Density Residential
District allows for attached dwellings provided they meet all the requirements of the Community
Development Code.
Attached is a copy of the current High Density Residential zoning district regulations and the
definition of building height, as contained within the Code. They address the requirements needed to
obtain approval to increase building height or reduce setbacks. Generally, a request for more than
50 feet in height will require a site plan application that is reviewed by the Community Development
Board through a public hearing. There are specific criteria that need to be addressed as part of the
application. In this case, because one of the criterion states that height may exceed 80 feet if the
property fronts on Clearwater Bay (and not the gulf side of the road), any request for over 80 feet
would need to be addressed through a request for Residentiallnfill Project Use. This is listed in the
Flexible Development table 2-504. It has its own set of criteria that need to be met.
I hope you are not confused. Please contact me if you need further assistance.
Sincerely,
Lisa L. Fierce
Assistant Planning Director
Enclosures as noted
~ ~
HDR Zoning.doc BUILDING
HEIGHT. doc
-----Original Message-----
FrOm~tJudy Simmons [mailto:4IIbmons@usinternet.comJ
Sent': Tuesday, April 23, 2002 11:47 PM
Tot PlanningWeb@clearwater-fl.com
Subject: Questions About Review Process
.
Dear Cyndi Tarapani and/or Lisa Fierce:
I was referred to you by Ralph Stone. I am the
President of the Clearwater Sand Key Club
Association. Our Condominium is just south of the
last 2 open lots on Sand Key and we understand
that there is a contract on at least one of the
properties. Ralph gave me some information on the
new set-back and height constraints for a
building. What I would like to understand better
is the process that the developer must follow if
they want to build a structure 80 feet tall with
minimal setback versus the process if they want to
build a taller structure. What sort of
considerations affect the decision making process.
If you can point me to the sections or pages in
the new development guidelines, that would be
fine.
Thank you very much for your help.
Judy Simmons
2
!
Nicodemus, Sherrie
.
.
From:
Sent:
To:
Cc:
Subject:
Tarapani, Cyndi
Friday, March 29, 2002 10:45 AM
Wilson, Denise A.
Nicodemus, Sherrie
RE: Commission Request
Answers to your questions:
i-We are getting a copy made by Engineering and will get it to you-probably today.
2-The CDB workshop will be on Wednesday, April 3 from 9 am-ll am in the MSB room 130.
3- Weare checking all of the graphics to make sure there are no inaccuracies. We will have them corrected and/ or
confirmed by the City Commission workshop on April 15.
4-We are not changing the methodology of calculating the attached signage. The current code regulates the
amount of attached signage as a percentage of the building facade and that will not change in this proposal. The
proposal is to increase the size amount from 1 % to 5%.
Please let me know if you have more questions. Thanks.
-----Original Messagenn-
From: Wilson, Denise A.
Sent: Thursday, March 28, 2002 3:44 PM
To: Tarapani, Cyndi
ec: Nicodemus, Sherrie
Subject: Commission Request
Bill received several questions from Commissioner Jonson regarding the development code.
1) Comm. Jonson would like to receive a copy of the drawings presented by Mr. Sembler at the last CDB meeting.
spoke to Sherrie and she is going to get a copy for him.
2) When will the CDB hold their next workshop? Sherrie advised that the tentative date is April 3, 9-11 a.m. in MSB
Room 130
3) At the CDB there was some question about the accuracy of the Dillards and the Dunkin Donuts sign comparisons.
Were these verified?
4) What was the basis for changing to a percent of the front facade?
Except for #1 and #2, could I please have these responses by next Wednesday afternoon.
Thanks.
Denise
1
Page 1 of 1
k/
Nicodemus, Sherrie
.
.
(~ . ,j..-
. Yc.::>
From: Wilson, Denise A.
Sent: Wednesday, March 27, 200212:50 PM
To: Tarapani, Cyndi
Cc: Nicodemus, Sherrie
Subject: FW: IG Knowledge Center - Retail/Pedestrian
Could you please respond to this question.
Thanks
Denise
-----Original Message-----
From: Jesse Drake [mailto:network@ig.org]
Sent: Tuesday, March 26, 2002 7:01 PM
To: IG Member
Subject: IG Knowledge Center - Retail/Pedestrian adjacency
Networking Group: Community and Economic Development
From: Jesse Drake
Message:
The Town of Fountain Hills is reviewing a proposal for a project that is suggesting an adjacency of:
street, then retail backing (or double fronting) to 100 ft wide pedestrian walkway with multi-family on
the other side of pedestrian. The project will comprise this relationship in a linear strip approx 1500 feet
long. I am searching for a successful model for this relationship, or an example of where this
relationship did not work.
"Click here to respond to this request for information. "
Respond Before:
4/26/2002
3/27/2002
,
"
.
.
May 8, 2002
r mailto: cparadis@drugmax.coml
Christine C. Paradis
Dear Ms. Paradis:
I am responding to concerns you expressed over the newly adopted Community
Development Code revisions as they relate to signs and tree specifications.
Revisions to the City's Code were adopted only after numerous opportunities were made
available for input from neighborhood groups, public workshops, and City Boards.
Public workshops were held to give citizens the opportunity to discuss proposed changes
and make their concerns and recommendations known directly to staff Citizen input
from these workshops and public hearings were considered when formalizing the
revisions to the Code. All workshops and public hearings are advertised to permit public
involvement in the decision process. If you wish to review the new Code it is available
on the City's website under the Planning Department, or you may pick up a copy at the
Planning Department, 100 South Myrtle Avenue, 2nd Floor.
Thank you for your interest in maintaining the quality of our City.
Sincerely,
Brian J. Aungst
Mayor
Cc: City Commission
Cyndi Tarapani, Planning Director
(s)Planning Dept/Correspfor City Hall & Others/Letters for Mayor
.I
MAY-02-2002 14:27
'"
.
Brink, Carolyn
To: Commission
SUbject: FW: codes
FYI. cb
-----Original Messagem--
From: Brink, Carolyn
sent: Thursday, May 02120028:55 AM
To: 'cparadis@drugmax.com'
SUbject: RE: codes
P.04/05
.
.& """c'" L U'" A
COPIES ffi.
COMMISSION
,\.1 /, \( _ ~ r', r"?
j . ,I / ~ ~,. '.I \...:.:~
Pf~ESS
CLERK f Ai TORNE Y
Dear Ms. Paradis: Your e-mail has been received and will be copied to the Mayor and Commissioners.
-----Original Message-----
From: Chris Paradis [mailto:cparadis@drugmax.com]
Sent: Wednesday, May 01,20025;30 PM
To: dtycomm@cfearwater-f1.com
Cc: ebrown@co.pinellas.f1.us
Subject: Re: codes
Ladies and Gentlemen:
I was distressed to see that you voted to loosen the codes on sign size and replacement of trees at the
meeting on Thursday April 18. Pinellas is a naturally beautiful county, however it becomes uglier every
year as its leaders continue to allow every inch of it to be developed, and not even aesthetically. If
anything the codes need to be strengthened so that we can do away with billboards and large signs along
the roadways, and save as many remaining trees and green space as we can.
I ask you to reconsider your votes before you take the second vote. Please help us, the citizens of
Clearwater, to improve the beauty of the area with stricter codes.
Thank you for your consideration.
Sincerely,
Christine C. Paradis
Registered voter in the city of Clearwater
5/2/2002
Pleos& prepare CI f"sponse
for the Mayor's sIgnature.
eel CIty Comm}sslon
Due date: 5{9
{1rx:;;J
.
.
,
May 7, 2002
Irma [mailto:eiam@ij.net]
Dear Irma:
I am responding to concerns you expressed over the newly adopted Community
Development Code revisions as they relate to signs and tree provisions.
Revisions to the City's Code were adopted only after numerous opportunities for input
from neighborhood groups, public workshops, and City Boards. Public workshops were
held to give citizens the opportunity to discuss proposed changes and make their concerns
and recommendations known directly to staff. Citizen input from these workshops and
public hearings were considered when formalizing the revisions to the Code. All
workshops and public hearings were advertised to permit public involvement. If you
wish to review the new Code it is available on the City's website under the Planning
Department, or you may pick up a copy from the Planning Department, 100 South Myrtle
Avenue, 2nd Floor.
Thank you for your interest in maintaining the quality of our City.
Sincerely,
Brian J. Aungst
Mayor
Cc: City Commission
Cyndi Tarapani, Planning Director
(s)Planning Dept/Corresp for City Hall & Others/Letters for Mayor
APR-29-2002 11:13
P.01/01
.
.
'"
Brink, Carolyn
C('1~'~'S TO;
<*:n'p,,~~~IQN
To: Commission
Subject: FW: Trees and Signs to all
FYI. cb
-~--~Original Message-_m
From: Brink, Carolyn
Sent: Monday, April 29, 2002 9;56
To; 'Inna'
Subject: RE: Trees and Signs to all
APi:; ~. (~ 2002
PRESS
CLE~K I AT ro~NEV
---~-Orlginal Message-----
From: Inna (mailto:eiam@ij. ]
Sent: Sunday, April 28, 2002 2:32 PM
To: citycomm@clearwater-fl.c m
Subjec:t:: Trees and Signs to II commissioners
Dear Irma: Your e-mail has been re ivad and will be copied to the Mayor and Commissioners.
It is not clear whether the developers or the lack of responsibility on the commissors part caused this
change concerning the size of signs and the destroying the trees. However, it seems the new
development
codes are the work of the com 'ssion. What ever were you thinking? Large signs are unsightly and the
removal of trees are a shame.
The Clearwater Commiss n ought to use their heads and forget about the deveolpers, the public are
the voters. Does money spea louder then words?
elam@ij.net
~d~
PI.Clle "r~~~l'e ~ rlllaf'i~ "
fol' the M~yor's signotu o.
eel City CommlS$)O. n .
Due date: 5/ f..t,..,
d
4/29/2002
c
TOTAL P.01
;It
<<
Scheduling/Meeting Dates for Code Amendments
1/7/02
1/7/02
1/15/02
1/16/02
1/24/02
1/31/02
2/5/02
2/6/02
2/6/02
2/11/02
2/13/02
2/19/02
2/21/02
3/7/02
City Commission Workshop (City Commission Chambers, 9:00 a.m.)
Coalition of Clearwater Homeowners (7:00 p.m. Long Center, 2nd floor)
Main St. Design Committee meeting. Main St. Economic Development
Committee will also attend meeting. Main St. Promotion Committee
members may also attend. (Clearwater Chamber of Commerce, 8:00 a.m.)
EAB meeting (City Commission Chambers, 4:00 p.m.)
Pinellas Suncoast Association of Realtors meeting with Mike Mayo,
Director (MSB, 3:15 p.m.)
Send Proposed Code Amendments to PPC for Review
Clearwater Beach Chamber (423 Mandalay, 8:00 a.m.)
Clearwater Governmental Affairs Committee meeting (Chamber
Community Room, 8:00 a.m.)
Downtown Development Board meeting (City Commission Chambers,
5:30 p.m.)
Public Workshop (Harbor View Center, 4:00-7:00 p.m.)
Marine Advisory Board (Clearwater Municipal Marina, 8:00 a.m.)
CDB meeting (City Commission Chambers, 2:00 p.m.)
City Commission 1 st Reading (City Commission Chambers, 6:00 p.m.)
City Commission 2nd Reading (City Commission Chambers, 6:00 p.m.)
Scheduling/Meeting Dates for Code Amendments
1/7 /02
City Commission Workshop (City Commission Chambers, 9:00 a.m.)
1/7/02
Coalition of Clearwater Homeowners (7:00 p.m. Long Center, 2nd floor)
1/15/02
Main St. Design Committee meeting. Main St. Economic Development
Committee will also attend meeting. Main St. Promotion Committee
members may also attend. (Clearwater Chamber of Commerce, 8:00 a.m.)
1/16/02
EAB meeting (City Commission Chambers, 4:00 p.m.)
1/24/02
Pinellas Suncoast Association of Realtors meeting with Mike Mayo,
Director (MSB, 3:15 p.m.)
1/31/02
Send Proposed Code Amendments to PPC for Review
~((I. 't
2/6/02 Clearwater Governmental Affairs Committee meeting LJ.
~,,,,J,J. __.______._.5~_h~~ber CommunityRo~m, 7:30 a.m.) ______ /~';-({. /J
~~ (-~/02 Do~town Development Board meeting (City Commission Ch~~/-r
~.. ""u 5:30p.m.) ~
---
2/19/02
CDB meeting (City Commission Chambers, 2:00 p.m.)
2/21/02
City Commission 15t Reading (City Commission Chambers, 6:00 p.m.)
3/7 /02
City Commission 2nd Reading (City Commission Chambers, 6:00 p.m.)
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Associations;
". ::01 Clearwatet;,
.,' ., .~\:))
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P.O. Box 6204
Clearwater Fl 33785
home.tampabay. rr.com/ccha
April 11 , 2002
Ms. Gina Clayton
Long Range Planning Division Manager
Development Review
P.O. Box 4748
Clearwater, FL 33758-4748
Dear Ms. Cla.yton:
The Coalition of Clearwater Homeowner Associations would like to take this opportunity to address two
sections of Ordinance 6928-02, which will be presented to the Commission for first reading on April 18.
2002.
1. Section 128. Article 3. Division 21. Tem.porary Uses. Section 3-2103.B.3 is being amended to allow
portable storage units in emergency situations for up to 15 days, renewable for another 15 days,
Tbe Coalition does Dot support this cbange for the rollowl81 reasons:
It is important to remember that the PODS business concept was to allow residents to load their
belongings in 8 lalie container which would be transported to a storage warehouse until the customer
wanted their belongings bac.k, at whi()h time the container would return to th~ resident for unloading
and subsequent removal. This is a great convenience which allQws residents the ability to store their
belongings without tarnishing Clearwater's neighborhoods. It should be noted that Section 1502.0,1
of current code prohibits outdoor storage on residential properties. Putting personal goods in a
container (such as a POD, or an attractive metal shed) jg still outdoor storage.
There are many self~storage businesses in oommercial zones in Clearwater. Allowing portable
storage units to sit in front setbacks in residential areas for fifteen days. renewable for another fifteen
days, in effect brings these businesses into our neighborhoods and sets them up in our driveways.
· Lem'ing the storage unit at a dwelling in a residential area for longer than the currently attowed
four days permits citizens to store their belongings in the front yard in a large white box with large
red billboards on its sides. Community representatives have been explicit, in nu..'l1erous votes at
Coalition meeti.n&s (the latest on April 1, 2002), that these Wlits are D blem.ish in ournei.gb.borhoods
and negatively affect the quality ofHfe in our communities.
· It is a1:5o important to note that PODS has a long history of code vjolations, whi~h includes
leaving units at residences longer than t1e allowed four days; not indicating accurate delivelY dates
on the stickers (thereby making it impossible to detemline when the POD should be removed); and
not complying with requirements tor smaller signs.
______J
84/11/2002 14:31
It
7277977::144
1< L OF.: S L CU~R\'
F't.GE f.i2
.
.
Ms. Gina Clayton
~2-
· It has been questioned how PODS differ from dumpsters. They have two difIerent purposes and,
in our opinion, cannot be compared: a dwnpster is for the disposal of refuse and is (under certain
circumstances) a necessity, not a convenience; a POD as allowed in this code change is for the
outdoor storage of one's belongings as an extension to o1fsite self-storage, and is strictly a
convenience. Additionally, dumpsters can be obtained from. the city, a non-profit entity, while PODS
.is a for-profit company doing buglrtess ifi residential sections of our city.
· Before PODS came to Clearwater, residents dealt with em.etgencies in many ways that did not
include on-site storage containers.
2. Section 91. Article 3. Division 14. Section A.2 is being amended with language that clarifies where
vehicles may Ol'may not be parked in a residential area. However, Ordinance 6928-02 leaves
untouched the provision that allows boats less than 20 feet in length to be parked in one's front yard.
As stated in the above section on PODS, the Coalition opposes front yard storage in our
neighborhoods, as eYidenced by our vote on April 111. It is inexplicable that this section of code
prohibits storage of go-karts in front yards (Section 3-1407.A.2.t), but allows boats up to 20 feet!
The Coalition recommends retRoving Secti(l1J 3-.l407.A.2.a. from the Code, thenby probibitj))g
boats to be stored ia froDc yards.
Also in this Section, semi-trailer trucks and cabs are removed from A.1 and A.2 and given their own
section, A.3. However, the wording of A.3 could be interpreted to read that only large vehicles that
are involved in the transport of garbage or waste or hazardous materials are prohibited. If the section
were to be changed as shown below, it would make it very clear that parking
any large vehicle is prohibited in a residential area.
3. Large vehicJes. No ttailer, or semi-tractor trailer, truck or cab, or similar vehicle shall be parked
or b10red in any residential zoning district.
The CQalition of Clearwater Homeowner Associations appreciates the opportunity to have input,. as a
body, in the formulation of code or changes to code. It is through our organization that city govenunent
ellll hear the collective voke of i~ residents.
Very truly yours,
I A /
~~ ~1!
Saundra Curry, Co-President
SIc
Cc: Mr. Bill Home, City Manager
Mayor Aungst and Commissioners
1130~D STREET
ClEARWATER, FL 33755-4841
www.dearwaterflorida.org
727/.461-0011
FAX 727/M9-2889
Executive Committee
Frank Murphy
Chairman of the Boord
Gary S. Gray
Chairman-Elect
Gloria Campbell
Vice Chairman. Business
John Connelly
Vice Chairman. Membership
Holly Duncan
Vice Chairman. Governmental
Affairs/Economic Development
Ed Droste
Vice Chairman. Special Events
Francis Purvey
Vice Chairman. Tourism
Robert Kinney
Vice Chairman .Area Council.
Raymond Ferrara
Treasurer
Ed Armstrong
Immediate Post Chairman
Julius J. Zschau
Legal Counsel
Mike Meidel
President, CEO
Board of Directors
Las Agres
Dan Andriso
Keith Appenzeller
J.Y. Blackburn
Steve Book
Michael Cani
Janice Case
Steve Chandler
Theresa Crane
Karen Dee
Pat Duffy
Ann Duncan
Daug Fredericks
Judy Ganisin
Arthonia Godwin
Doug Graska
Jonathan Hall
William Heller
Danene Kole
Chanatte Korba
Oliver Kugler
Nancy Loehr
Judy Mitchell
Jim Myers
David Nadeau
Barbara Pacheco
Jeanie Renfrow
Daryl Seaton
David Sipe
James R. Steams
Ron Stuart
John Timbenake
Daug Williams
.
.
t1 Clearwater
"'~ REGIONAL CHAMBER OF COMMERCE
February 27, 2002
Cyndi Tarapani, Director
City of Clearwater Planning Department
100 S. Myrtle Ave.
Clearwater, FL 33756
Dear Mrs. Tarapani:
TIle Board of Directors of the Clearwater Regiona I Chamber of Commerce appreciate your
efforts to revise the community development code, specifically the sign ordinance, in a way
that better provides for the success of local businesses.
The Governmental Affairs Committee has heard the proposals and strongly supports the
following changes to the Community Development Code:
1. Freestanding Signs at Elevated Intersections - The chamber has been concerned with
business affected by the construction of the several overpasses on US 19. This allows
these businesses to adapt to the changes in the roadway;
2. Increased size of attached signs - the effort to make new signs compatible with building
sizes is a much-needed addition to the code;
3. Freestanding signs - allowing more square footage of sign through the comprehensive
sign program is a fair way to allow new and businesses with conforming site plans to
have larger signs.
Inaddition. there are other changes that aren't addressed in this revision that the Chamber
supports, including:
1. A more liberal sign ordinance for downtown Clearwater that will allow larger signs for
consolidated store fronts and hanging signs (perpendicular to the road) similar to historic
signs that are seen in old photographs of downtown Clearwater;
2. Changing the temporary sign ordinance to allow businesses with outdoor sales an
opportunity to attract customers during special events;
3. A way to phase in site plan updates if a business triggers total improvements based on the
25% rule: another option is to raise the rule to higher the 25% of improvements to give
businesses more leeway to make cosmetic improvements to their properties;
4. Not requiring underground irrigation for sites with a specified small area;
5. A streamlined permitting process for businesses moving into our city's main
redevelopment areas such as downtown and Clearwater Beach.
Thank you in advance for your consideration of these additional code development matters.
Michael G. Meidel, President/CEO
Cc: Mayor and Commission
Bill Horne, City Manager
Ralph Stone, Asst. City Manager
Gina Clayton. Long Range Planning Manager
The Voiee afBusiness in our Community
.
.
AGENDA
ENVIRONMENTAL ADVISORY BOARD
DATE/TIME:
Wednesday, January 16, 2002
4:00 p.m.
LOCATION:
Clearwater City Hall
Commission Chambers
Call to Order
Roll Call
1. Approval of Minutes of November 21,2001
2. Citizens' Comments None
ACTION ITEMS
3. None
REPORTS
4.
Commission Liaison
J amiesonlMiller
5.
Stevenson's Creek Liaison
Rhame/Shoberg
6.
Reports: Annual Review of Community Development Plan
Attachments
Smith/Clayton
7.
Potable/Reclaimed Water
Stowell/Neff
8.
Arsenic
Stowell/Finch
DISCUSSION ITEMS
9.
10.
Wastewater Collection System Improvements
Joe DiMaggio Sports Complex Environmental
Andy Neff
Kevin Dunbar
INFORMATION ITEMS
11. Grants to buy Parks
ESTABLISH AGENDA:
ADJOURNMENT
.
.
Main Street
CLEARWATER
ECONOMIC DEVELOPMENT COMMITTEE
& DESIGN COMMITTEE JOINT MEETING
January 15, 2002
8:00 AM
CLEARWATER CHAMBER OF COMMERCE
1130 CLEVELAND STREET
AGENDA
1. Welcome & Introductions
2. Presentation on proposed changes to Sign Code Ordinance
3. Presentation on proposed changes to Community Development Code
4. Discussion regarding submittal of Economic Development Expansion
Incentive and submittal of Economic Development Recruitment Incentive
5. New Business
6. Set next meeting date
7. Adjournment
.
.
Coalition of Clearwater Homeowner Associations
Agenda
January 7, 2002
1. Welcome and Introductions/Sign In
2. Speaker - Rich Kephart, City of Clearwater Long Range Planning
3. Business Meeting
a. Call to OrderIRoll Call
b. Approval of the minutes of the Dec. 3,2001 meeting
c. Treasurer's Report
d. Committee Reports
1. Membership
2. Tax Watch
3. Chamber
4. Gov. Liaison
5. Environment
6. City Code
7. Publicity and Communications
e. Old business
f. New Business
g. Homeowner Issues of Concern
h. Announcements
1. Adjournment
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.
.
2002 Code Amendments Comment Card
FAX: 121-562-4865
Mail to: A TTN: Richard Keph4lrt
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater. Florida 33758-4148
Return responses by F.bruary 19, 2002
Thank you fol' providing your input In the City's Code Amendment process.
Issue:
Section 128, Article 3, Division 21. Section 3-2103.8.3 Portable Storage Units
Since the amendment does not ~peclfically define emergency situation, It Is sUbjective and open to
creative interpretation. This amendment allows people to store their belongings in their front yard for an
extended period of time, which is in direct opposition to Article 3, Div. 9, Section 3-912.
Outdoor display/storage, which prohibits storage of goods and materials outdoors. Additionally
these large white boxes contain large red billboards. I don't think this is the image we want for
our neighborhoods. This company can't (which Is unbelievable) or won't (which is unacceptable) abide by
the rules, as evidenced by a thick file of Gode violations. In my oQinion, this amendment also
considerably weakens the city's position in the ongoin~ litigation with PODS,
Suggested Changes:
Section 128, Artic;l~ 3, Division 21. Section 3-2103. B,3 Portable Storage ~nits
Delete this amendment.
~~~~
02/18/2002 18:03
I
7277'377244
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PAGE 82
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.
2002 Code Amendments Comment Card
Return rasponsv. by February 19. 2002
FAX: 727-562-4865
Mall to: A TTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
CI.arwater, Florida 33758-4748
Thank you for providing your Input in the City's Code Amendment proce5S.
Issue:
Section 95, Article 3, DIVision 14. Parking and Loading. Section 3-1407.8.2
I agree that 6 hOurs for loading, unloading or cleaning a vehicle is not realistic, and that 24 hours is
acceptable, However, allowing this activity two times monthly is too frequent and not necessary. Two times
a month times the number of homes on a street or in a neighborhood can add up to constant
loading, unlo~c;ling and and cleaning. I believe once Ii month is sufficient.
Suggested Changes:
Section 95, Article 3, Division 14. Parking and Loadinrl. Section 3-1407.8,2
2. Loading, unloading, Or cleaning of vehicles, but not including semitrailer trucks or cabs,
provided such activity is fully completed within twenty-four hours and provided such activIty
does not occur at the same location more than once per month.
.~
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.
.
2002 Code Amendments Comment Card
Return ruponaes by February 19,2002
FAX: 727.562-4865
Mail to: ATTN: Richard Kephart
CITY OF C LEA RWA TER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758.4148
Thank you for providing your Input in the City.s Code Amendment process.
Issue:
Section 101, Article 3, Division 15. Property Maintenance Standards. Section 3.1503,6,5
"m not quite Sure what this is saying However, I want to make sl.lre that Code Enforcement can 6till
enter fenced swimming pools, especially when It Involves rental property, We had a case in our neighbor.
hood at 2685 Clubhouse Dr, S. when It was a rental property. vacant and uncared for,
where the .~ool was black and teeming with frogs. Code enforcement was I,mable, ~t first, to do
anythln9 about it because there was a 4' fence around the pool. Fortunately, the house was
sold and is now occur?ied by the owner,
Suggested Changes:
Section 101, Article 3, Division 15. Property Maintenance Standards. Section 3-1503.8.5
I don't have a sUQQested chanQe. since I'm not sure if this change affects fenced pools.
yk;;J(f ("A~
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.
.
2002 Code Amendments Comment Card
FAX: 727-562-4865
Mail to: A TTN: Rlch,rd Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Return responses by February 19.2002
Thank you for providing your Input in the City's Cod. Amendment process.
Issue:
Section 116. Article 3. Division 18. Section 3-1806. S, 1 Freestanding Signs
I think there may be an extra word: One freestanding sIgn per parcel proposed for development with no
more than@wOSignfaces...
Suggested Changes:
Section 116. Article 3, Division 18. Section 3-1806.8.1 Freestanding Signs
One freestanding sign per parcel proposed for development with no more than two sign faces...
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.
.
2002 Code Amendments Comment Card
Return responses by February 19, 2002
FAX: 727-562-4865
Mail to: ATTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P,O. Box 4748
Clearwater, Florida 33758.4748
Thank you for providing your Input In the City's Code Amendment process.
Issue:
I have received complaints from residents re~arding very large playsets that their neighbors
have placed very close to the property line dividing the two homes. The&e large plaYiets are unsightly,
sometimes resembling circus equipment with brightly colored red, :iellow, and orange canvas tops,
and rise so high above 6' privacy fences that the complainant loses all privacy and tho peaceful
enjoyment of their own home and yard. I have forwarded pictures of tni$ f;lql)ipml;lnt 10 the
commission and to Ms. Clayton. I want to make very clear that these residents are not anti-
children or anti play equipment It is iu&t that these sets are extremely large and unsightly,
Additionally. most manufacturers recommend tha1 these structures be anchored to the
Ground for safety and structural reason$; therefore, they are permanen1 structures.
Suggested Changes=
As a start, ptaysets over 9' in total height should be reqUired to have a permit. They should
also be re.Q...uir!'d to be set back 10' from a side or rear lot line. The canvas should fit in with the
environment (blue or green).
~~
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2002 Code Amendments Comment Card
FAX: 727-562-4865
Mail to: ATTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Return responses by February 19, 2002
Thank you for providing your input in the City's Code Amendment process.
Issue:
Section 94. Parking and Loading: Add a new Section
3-1407.A.5 to explicitly prohibit parking on the grass.
Suggested Changes:
The phrase "zoned for any use" should be deleted to improve the
overall integrity of Section 3-1407 that deals exclusively with
residential zoning.
.
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2002 Code Amendments Comment Card
Return responses by February 19, 2002
FAX: 727-562-4865
Mail to: ATTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Thank you for providing your input in the City's Code Amendment process.
Issue:
Section 92. Parking and Loading: Delete Section 3-1407.A.2.d.,
"Any semitrailer truck or cab;".
Suggested Changes:
The purpose of Section 3-1407-A.2. is to reduce or eliminate neighbor
clutter of recreational vehicles and trailers between any portion of the
principal structure and any right-of-way line in a residential district. To
be consistent with not allowing other vehicles 20 feet or less, Section
3-1407.A.2.a., "Boat in excess of 20 feet", should also be removed.
.
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2002 Code Amendments Comment Card
Return responses by February 19, 2002
FAX: 727-562-4865
Mail to: ATTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Thank you for providing your input in the City's Code Amendment process.
Issue:
Section 95. Parking and Loading: Change Section 3-1407.8.2.,
"Loading, unloading, or cleaning of vehicles, but not including
semitrailer trucks or cabs, provided such activity is fully
completed within six twenty-four hours and provided such activity
does not occur at the same location more than two times per
month."
Suggested Changes:
1) Changing the number of hours from six to 24 is a good idea,
provided the frequency is limited to only once a month.
.
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>-
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o
2002 Code Amendments Comment Card
FAX: 727-562-4865
Mail to: ATTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Return responses by February 19, 2002
Thank you for providing your input in the City's Code Amendment process.
Issue:
Section 128. Portable Storage Units in Emergency Situations:
Add a new Section 3-2103.8.3. to allow the Community
Development Coordinator authority to approve the use of
portable storage units in emergency situation for duration of
emergency repairs instead of only four days.
Suggested Changes:
This proposal needs to be tightened up to prevent potential abuse.
The duration of such approval should be explicit and conditions under
which such approval could be made should be well defined and
limited. If the quantity of units allowed is one, it should be so stated.
If this allowance is given based on a permit, the type of permit under
which such authority may be exercised should be defined.
.
.
~ >wleiarwater
t-
o
2002 Code Amendments Comment Card
Return responses by February 19, 2002
Mail to: ATTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Thank you for providing your input in the City's Code Amendment process.
Issue: "1
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2002 Code Amendments Comment Card
Return responses by February 19, 2002
Mail to: ATTN: Richard Kephart
CITY OF CLEARWATER
Planning Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Thank you for providing your input in the City's Code Amendment process.
Issue:
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February 11,2002
City of Clearwater
City Hall
The City Mayor & Commissioners
Clearwater, Florida
Re: Regulation Changes for Signage
Dear Sir:
I am writing this letter in response to the discussions currently taking place in Clearwater
regarding the new proposed sign regulations.
As the General Manager and Owner of the Ramada Inn Countryside, I have found the current
regulations a deterrent to our business. We are located on Countryside Blvd. next to the overpass on
Hwy. 19 North that is right past SR 580. This is one of the busiest highways in Clearwater, but our
sign is too low to be seen by people traveling on this highway.
The sign cannot be seen due to the height of the overpass. We are invisible to people who
have made reservations for overnight accommodations. Without seeing the sign, they drive past the
hotel, and in not finding us, they seek accommodations elsewhere. We also loose business from
other potential hotel guests, such as visitors to our area and from community members that seek our
services. This problem has caused the hotel to loose a great deal of business.
If you have any questions, or need clarification of the signage problems we face, please do
not hesitate to call me at the Ramada Inn Countryside.
Sincerely,
.~~
Harry Patel
General Manager
RECEIVED
rEg 1 1 '2002
PlAI\Jj\jING & OEVE.LUl-'IViEI\II
SERVICES
RAMADA INN - Countryside. 26508 U.S, 19 N. · Clearwater, FL 33761 · (727) 796-1234 FA>Cfn'lPl9lBtLm<WATER
Operated under franchise agreement wIth Ramada Franchise Systems, Inc
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Ms: Cindy Tarapani
Director of Planning, City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Dear Ms. Tarapani:
The Clearwater Beach Chamber of Commerce would like to request your consideration
for changes to the Ordinance Code to allow sandwich boards, menu boards, and
outdoor displays in the tourist district. There would, of course, be strict guidelines and
each one would be subject to review. With so many vacant stores and the poor state of
the economy, I can see no harm in allowing this change as a test.
Please advise what steps are required to present a proposed code change. Thank you
for your assistance and consideration.
Davi Little
Chairman, Governmental Affairs
Clearwater Beach Chamber of Commerce
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Post Office Box 3573 Clearwater Beach, FL 33767 Phone: 727-447-7600 Fax: 727-443-4812
www.clearwaterbeachchamber.com e-mail: clwbeach@beachchamber.com
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FAX COVER SHEET
Date: ~d/ ~ ~~ ~()9 2-
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To: ;Z'ch h'efJANI--
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From:
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31/15/2002 10:45
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Date:
To:
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Fax Number:
From:
Pages:
8134525.
HARBORVIW CENTE~
Arnw
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Phone (727) 462-6778, extension 226
Fax (727) 462-6798
E-mail: asanchezllll@yahoo.com
FAX COVER SHEET
January 15,2002
Mr. Rich Kephart
City of Clearwater, Planning Department
562-4576
Alane Sanchez
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PAGE 01
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)1/15/2002 10:45 8134525.
a~/10/2002 13:22 81345L_ 8
HARBORVIW CENTE.
HARBORVIW CENT
PAGE 02
PAGE 02
~ .
LEASE AGREEMENT
CITY AFFILIATED
HARBORVlEW CENTER
CLEARWATER, FLORIDA
Contract #18116
this LEASE, made this l()1h day of January lOIn! between the HarooR1~'Y. ~~ 300 Cleveland Street, Clearwater, PloridA,
tc1'cafter called the "LESSOR." and The City of CJearwatfl.., Planning ~reinafter called "LESSEE~', whose address is
,vISB Building, 100 South Myrtle, Clearwater~ Florida 34616. Whereas, City is the owner 3Ild Globel Spectrum is the operator of
: l1e Harborview Center, and Lessee de~ to USe the premises located within the Cemer all described herein; therefore, in
,ons~tation of the mutual agreements herein contaiDed, the parries hereto agree as follows:
. LEASED SPACE. Lessor grants to LeElsee pernUtllSion to use the pOltiorw Qf the Harborview Centc.r de5igna.ted as follows:
; !!!t Room Move-In Yfe Time Move-Out RAmtal
~ Ballroom A 3:30pm . 4:~ 4:00pm. ':OOpn. 7:00pm _ 7:30pm $ 500.00
0/ ,~ /(1 z..
I
TOTAL MINIMUM F AClLlTY RENTAL:
IS 500.00
!. RENTAL. The above amounts are rev~Qe L'Tedil8 (not cuh) for cootract requirements between Global Spectnnn
and the c:ity of Cleerwater.
I. SPECIAL CONDmONS. A. ThIs cootlllCt is based on Revenue Credlts, not cash.
k SE1TLEMENT. Additional ~venue credits (not cash), subject to modification rest1:lting from lID)' change due to the
add~tion of spaces, servicetl, or equipmmJ( may be deUlrmined at sett1oment. Shoalci Lessor incur direct, out-of-pocket costs on
behalf of Lessee in telation to the event, such ~um$ will be billed to the City of Clearwater ror payment within 30 days.
FOO:O AND BEVERAGE. HAl'bol'Yiew Center shall have the exclusive right to provide food fWd beverage selVices. The City of
Clearwater agrees to pay any established deposit and to meet the payment schedule estab.\J.&hed by any Food and Beverage
Amendt:nent to tb.i5 lease. Harborview Center reserves the right to sell food and beverage at locatiOD8 at the facility to include the
exhibition floor.
t . INSURANCE. A letter from the City of CleBIWater is on file with the Harborview Cen1.l:.r administrative office indfcarlng
the City's coverage aru:l Jtlnits. The City of Clearwater is self-insured for workers' compensatioo. liability, and property
d.amage with e)l:etlSs coverage ilS shown in this certification 1ette!:.
7 PURPO~. For the sole purpose of holding a Code Amendment PubUc: Meeting.
g AlTROV AI., OF CONTRACT. It is agreed. th.at this contract will not be in force until it has been signed by both parties.
9 O'I'HER. EVENTS. Les~e acknowledges thQt other events may be scheduled fot other 'plll;es within the Center not covered. by
this contract.
1 I. SPACE REWCATlON. The: City of Clearwater recogoiz<l~ that space reassignment may be deteI1I1ined when fattility revenue
can be gener~d through the rental of 'this space 1:0 Inlilet a cash paying client's needs.
1. PUBLIC SAFETY.
a. Le5!lCC agrees that at all times Lessee will conduct its acdVltles willi full regard to public safety, and will observe and I!lbid~
by aU applkable regulations aOO requests by duly authorized govc11lIIlental agencies ~ponsible for public safety.
b. All POrt~OllS of the sidewa1k3, entries, doors, passages, vesribl1lea, ball$, corridors, 8U1.irwIlYS, passageways and all ways of
acC4$S to public areas of me premises shall be kept unobBttUCted by the Lessee and shall not be any ~e O~r tl1lID ingress
or egress [0 and from the premises by the Lessee.
c. Lessee C4lrees not to bring onto the premises any material, substances, equipment Or obj~ which endanger the IIh of, or
CiUlle bodily uyury to, any person on the premises or w bich constitute a haunt to property thereon. The owner shall have
the right to retusa to allow any such mate:ti.J5, substances, equiPment or objecu [0 be btcugb.t onto the premises and the, right
to require the immedIate removal of therefrom Iffound thereon.
al/15/2002 10:45 81345257.
11/10/2002 13:22 813452 8
HARBORVIW CENTER.
HARBORVIW CENTE
PAGE 03
PAGE 133
12. NOTICE OF EVENT REQtll:REMENTs. 1..essee shall provide Lessor at least five (5) days before the f.trllt day of l1tis
agreement a full aud detalled oudine of all evem ~quiremen~ inCluding stage, hall and chab: requiremcuts, and aU such other
information as may be required by Lessor concerning the event covered by this agreement.
J. FlU:Jt SAMPLES. No free samples of food, beverage 0{ any producr may be given away or otherwise distributed without written
approval of Lessor.
4. UTJ:Lrry CONNECTIONS. Contracts for installation of elecrrictry, aas, and pllunbi.ug shall be made by Lessor or designee.
approved by LesGQr. All such connections and related work, lnehlding any related costs incurred by Lessor, will be at the expense
of the Lessee. AnY electrioal hookups frOin available ?Ower will be charged to the Lessee accordiug to the rates IlBrW on the then
current sexvices cost sheet.
.5. DEFACEMENT OF FACD.1TY. Lessee shall not d81nage. mar or in any manner deface the p,remi8es, or any equipmem
contained therein, and shall not calJ:le or permit the said premises or equipnlent therein 10 be in any IllilIlDet d.tu.taged. matted,
or defaced.. Lessee shall not drive or permit to be driven, nails, hooks, tacb, or screws Uxto any part of &aid premisclli or
equipment contained therein and will not make, nor allow to be made, any a1rernationa of any kind to ~aid premi$es.
j 6. SIGNS AND POSTERS. Lellsee will not post, or allow to he pOsted, any 5igns, cards or posters except upon such display areas
as LeIJ50r may provide. Use of such area is a non.~cluslve right. All iUCb matertal is subject to approval by LesllOr. LeSSOl'
retaius all advertisin.g rights.
] ~ wrrNESS W'HE:REOF, the parti.eB hereto have caused these presents to be elteCUted and dllted the day and year first abcwe
~ 1'itten.
~,~C_) (\(L ~:
~qJ1- D"" 1;:/!0,- l~~YWck2fI)are:#;).
.oem c-~
I ESSEE: (City of C1eafWlltert Planning c-m~ud, . .- r WITNESS:
~ti~~ Date;/IJ/tJ:!tZdf~ Dare:
,~
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& G1Ul8ing Facilities Worldwide
02/05/2002 12:07
2134521
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May 7, 2002
'Elchris14@ao1.com'
Mr. James V. Robinson
Dear Mr. Robinson:
I am responding to concerns you expressed over the newly adopted Community
Development Code revisions as they relate to signs and tree provisions. Billboards were
not addressed in this Code revision.
Revisions to the City's Code were adopted only after numerous opportunities for input
from neighborhood groups, public workshops, and City Boards. Public workshops were
held to give citizens the opportunity to discuss proposed changes and make their concerns
and recommendations known directly to staff. Citizen input from these workshops and
public hearings were considered when formalizing the revisions to the Code. All
workshops and public hearings are advertised to permit public involvement. If you wish
to review the new Code it is available on the City's website under the Planning
Department, or you may pick up a copy from the Planning Department, 100 South Myrtle
Avenue, 2nd Floor.
Thank you for your interest in maintaining the quality of our City.
Sincerely,
Brian J. Aungst
Mayor
Cc: City Commission
Cyndi Tarapani, Planning Director
(s)Planning Dept/Corresp for City Hall & Others/Letters for Mayor
15:59
.
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: lubject:
.
Commission
FW: Signs a d trees
; "Y L cb
.----Original Mesaage-----
J ':r:om: Brink, Carolyn
lent: Wednesday, April 24, 200 11:17 AM
~ 0: 'El chris 14@aol. com'
!ubj@ct: RE: Signs and trees
r'.Ic:J-S
Iear Mr. Robinson: Your e-mai has been received and will be copied to the Mayor and
( ommissioners.
-----Original Message-----
from: Elchris14@aol.com [rnailt
~ent: Wednesday, April 24, 200
10: citycomm@clearwater-fl.com
~ubject: Signs and trees
El@ase reconsider your votes 0
trees.
:Elchris14@aol.com)
10:23 AM
the billboard issue and the easier removal of
lhe commission should work for the benefit of the citizens of Clearwater and
not for the developers and the owners of the billboard spaces, most of whom I
an sure, do not even live in learwater.
Many thanks.
lats leave the trees and do no chang@ the sign requirements.
J~mes V. Robinson
727-791-0269
Please preparl!l C2 response
for the Moyor's signgture.
cc! City CommiSS,I?n
Du. ~"'.' .:5, ~
.
.
MOTION TO AMEND ORDINANCE NO. 6928-02
On page 38, amend Ordinance 6928-02 as follows:
Section 71. Article 3. Division 15. Property Maintenance Standards. Section 3-
1502.C.3. Property maintenance requirements is amended as follows:
3. Ground level storefront windows facing a public right-of-way shall be maintained
in an unbroken, and clean state. No window facing the public right-of-way shall be
permanently removed and enclosed, covered or boarded up unless treated as an
integral part of the building facade using wall materials and window detailing
comparable with any upper floors and the building facade in general. All damaged or
broken storefront windows shall be promptly restored, repaired or replaced. All awnings
or canopies facing or visible from the public right-of-way shall be maintained in a good
and attractive condition and torn, loose and/or bleached awnings shall be promptly
replaced, repaired or removed.
Pamela K. Akin
City Attorney
May 2,2002
,-
.
.
REVISIONS TO ORDINANCE NO. 6928-02
4-15-02 CITY COMMISSION WORKSESSION
1. REVISIONS TO THE COMPREHENSIVE SIGN PROGRAM - HEIGHT OF
FREESTANDING SIGNS
Section 90. Article 3. Division 18. Comprehensive Sign Program. Section 3-
1807.C. Flexibility Criteria is hereby amended as follows:
Original Proposed Provision:
2. The maximum height of all freestanding signs proposed in a comprehensive
sign program is 14 feet, depending on the design of the sign. provided
hov/e'/er that a single attached sign with a sign face of no more than 12 square
feet may be erected up to the height of the building.
Revised After W orksession:
2. The height of all freestandinfl siflns prooosed through the comorehensive sign
orogram shall relate to the design of the sifln and shall not exceed 14 feet in
heiflht.
2. COMPREHENSIVE SIGN PROGRAM - NUMBER, SIZE AND LOCATION
OF SIGNS
Section 92. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. is
hereby amended by adding subsection 3-1807.C.9. Number, Size and Location of Signs
as follows:
Original Proposed Provision:
9. Number. Size and Location of Siflns: When considering the number. size
and location of freestanding and attached signs. the Community
Development Coordinator shall consider: overall size of site. relationship
between the building setback and sign location. frontage. access and
visibility to the site. intended traffic circulation pattern. hierarchy of
signage. and submittal of a master sign plan for the development
parcel/proi ect.
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C:\Documents and Settings\gclayton\Local Settings\Temporary Internet Files\OLK2\4-15-02CCWorksession.doc
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Revised After W orksession:
9. Number. Size and Location of Signs: When considering the number, size and
location of freestanding and attached signs, the Community Development
Coordinator shall consider: overall size of site, relationship between the
building setback and sign location, frontage, access and visibility to the site,
intended traffic circulation pattern, hierarchy of signage, scale and use of the
pro;ect. and submittal of a master sign plan for the development
parcel/proi ect.
3. PROTECTION OF SPECIMEN TREE STANDS
Section 56. Article 3. Division 12. Landscaping/Tree Protection. Section 3-
1205.B.2. is hereby amended as follows:
Original Proposed Provision:
a. The condition and location of the protect tree, or palm with respect to species,
tree structure, competition, disease, insect attack, or danger of falling,
proximity to existing or proposed structures and interference with utility
servIces.
Revised After W orksession:
a. The condition and location of the protected tree. specimen tree stand. or palm
with respect to species, tree structure, competition, disease, insect attack, or
danger of falling, proximity to existing or proposed structures and interference
with utility services.
b. Protected trees, specimen tree stands, and palms shall be preserved to the
maximum extent possible and reasonable flexibility in the design of permitted
uses shall be granted, within the parameters of the zoning district within
which the property is located, in order to ensure such preservation.
2
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CHANGES RECOMMENDED TO ORDINANCE NO. 6928-02 BY THE
COMMUNITY DEVELOPMENT BOARD
04/16/02
1. ROOF OVERHANG PROPOSED LANGUAGE AMENDMENT.
Add new section to the Ordinance;.
Section 49A. Article 3. Division 9. General Applicability Standards. Section 3-
908 Permitted encroachments into setbacks and over street rights-of-way is hereby
amended as follows:
D. Balconies, decks, bay windows, and similar features that linearly extend 50
percent or less of the width of the building wall to which they are attached
shall be permitted to extend into a required set back area not more that W 24
inches provided that through access is not obstructed.
2. HEARING OFFICER APPEAL PROPOSED LANGUAGE AMENDMENT.
Revise proposed Section 105 of the Ordinance by amending Code Section 4-505.A - C as
follows:
Section 105. Article 4. Division 2. Applications for Development Approval.
Section 4-505 Community development board appeals is hereby amended as follows:
A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-
501(B), the hearing officer shall, in concert with the city clerk, establish a
timely date and hour and location for a quasi judicial hearing to consist solely
of: 1. reception of the record before the community development board: and 2.
oral argument. The city clerk shall give notice of the Jffiblie hearing in
accordance ',vith the provisions of section 4 206(C) and the hearing shall be
conducted in accordance '-'lith the procedures set forth in section 4 206(D). to
the appellant, applicant, City, and any person granted party status by the
community development board.
B. At the hearing, + the record before the community development board shall be
incorporated into the record before received by the hearing officer,
supplemented by such additional evidence as may be brought forward during
the hearing. Additionally, oral argument may be presented by the appellant,
applicant, City, and any person granted party status by the community
development board. The burden shall be upon the appellant to show that the
decision of the community development board cannot be sustained by the
evidence before the board and before the hearing officer, or that the decision
of the board departs from the essential requirements oflaw.
1
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I8.doc
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C. The persons entitled to present oral argument as set forth in subsection B.
above may submit proposed final orders to the hearing officer within 20 days
of the hearing. The hearing officer shall render a decision within 45 days of
the hearing in accordance with the provisions of section 4 206(D)(5). The
decision of the hearing officer shall include findings of fact, conclusions of
law, and a determination approving, approving with conditions, or denying the
requested development application. The decision of the hearing officer shall
be final, subject to judicial review by common law certiorari to the circuit
court. The filing of a petition for certiorari stays the decision of the hearing
officer pending the final determination of the case.
Add new section to the ordinance revising Code Section 5-1003 as follows:
Section Article 5, Division 10. Hearing Officer. Section 5-1003 IS hereby
amended as follows:
Section 5-1003 Procedures.
All hearings conducted by a hearing officer on behalf of the city shall be
conducted in accordance with section ~ 4-505.
3. SECTION 3-1803. PROHIBITED SIGNS.
Add new section to the Ordinance that deletes Code Section 3-1803. U Prohibited Signs
as follows:
Article 3. Division 18. Signs. Section 3-1803. Prohibited Signs is hereby amended
by deleting subsection 3-1803.U. and re-Iettering the subsequent subsections as
appropriate:
U. Temporary windo....l signs in residential districts.
4. CORRECTED TITLE FOR SECTION 45A OF ORDINANCE.
Revise the title of Section 45a of the Ordinance as follows:
Section 45a. Article 3.Division 8. Fences and Walls. Section 3-804.F. is hereby
amended by deleting it in its entirety as follows:
5. COMPREHENSIVE SIGN PROGRAM - Section 3-1807.C. and 3-1807.C.9.
Revise the formulas for calculating amount of signage permitted through the
Comprehensive Sign Program in proposed Code Section 3-1807.C.4 and combine with
the proposed criteria for determining number, size and location of signs proposed in
Code Section 3-1807.C.9.
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Existing Ordinance
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-
1807.C Total Area of Sign Faces is hereby amended as follows:
4. Total area of sign faces. The total arca of maximum sign faces which
are proposed as part of area permitted through a comprehensive sign
program shall not exceed t'NO times the total area of sign faces
permitted under that minimum sign standards on the parcel proposed
for dcvelopment be regulated as follows:
1. Attached signs - The maximum area permitted is up to five
percent of the building facade to which the sign is to be
attached.
11. Freestanding signs - The maximum area permitted is up to
two times the total area of sign faces as calculated by the
street frontage or building facade in methods in 1806.B.1.c.i.
and .ii. whichever is less.
Section 92. Article 3. Division 18. Comprehensive Sign Program. Section 3-
1807.C. is hereby amended by adding subsection 3-1807.C.9. Number, Size and Location
of Signs as follows:
9. Number. Size and Location of Signs: When considering the
number, size and location of freestanding and attached signs, the
Community Development Coordinator shall consider: overall size
of site, relationship between the building setback and sign location,
frontage, access and visibility to the site, intended traffic
circulation pattern, hierarchy of signage, and submittal of a master
sign plan for the development parcel/project.
Recommended Change
Delete Section 92/rom the Ordinance and revise Section 91 as/ollows:
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-
1807.C Total Area of Sign Faces is hereby amended as follows:
4. Total area of sign faces. The total arca of sign faccs which are proposed
as part of a comprehensive sign program shall not exceed t',vo times the
total area of sign faces permitted undcr that minimum sign standards on
the parcel proposed for dc','clopment
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Heiflht. Area. Number and Location of Siflns. The height. area. number
and location of signs permitted through the Comprehensive Sign Program
shall be determined by the Community Development Coordinator based
on the following criteria: overall size of site. relationship between the
building setback and sign location. frontage. access and visibility to the
site. intended traffic circulation pattern. hierarchy of signage. and
submittal of a master sign plan for the development parcel/project.
Additionally. the maximum permitted sign area shall be based on the
following formula when evaluated against the above criteria:
1. Attached signs - The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent ofthe building facade to which the sign is to be attached.
11. Freestanding signs - The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in Section 1806.B.l.c.i.and ii.
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ARTICLE 1.
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List of Community Development Code Issues
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GENERAL PROVISIONS
Zoning District Boundaries
(1) Sec. 1-109
ARTICLE 2.
Zoning District Boundaries. Establish method for how zoning
districts are drawn i.e. to the centerline of right-of-way. (Pages 2-3
of Ordinance)
ZONING DISTRICTS
District Use Categories Chart
(2) Sec. 2
Chart. Add title and section number to chart. Correct scrivener
errors in chart. Add social/public service agencies to "C", and "D"
Districts; add Neighborhood Conservation Overlay District to
chart; add Marinas and Marina facilities to the "I" District. Delete
Marina facilities from "0" Office District as it is not allowed.
[Pages 3-5 of Ordinance}
Division 1. Low Density Residential District
(3) Sec. 2-102
Minimum Standard Development Diaerams. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 5 of
Ordinance)
Division 2. Low Medium Density Residential District
(4) Sec. 2-202
Pools and Screen Enclosures. Remove accessory "pools and screen
enclosures" from Table 2-202 "LMDR" District Minimum
Standard Development. These are already regulated as accessory
structures in the Minimum Standard Development Diagrams.
[Page 5 of Ordinance.]
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Minimum Standard Development Diaeram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Division 3. Medium Density Residential District
(6) Sec. 2-302
Minimum Standard Development Diaeram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Division 4. Medium High Density Residential District
(7) Sec. 2-402
Minimum Standard Development Diaeram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Division 5. High Density Residential District
(8) Sec. 2-502
Minimum Standard Development Diaeram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 6 of
Ordinance]
Division 6. Mobile Home Park
(9) Sec. 2-602
Minimum Standard Development Diaeram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
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Division 7. Commercial District
(10) Table 2-702 Revise Minimum Standard Development Table by deleting
Marinas, adding Social and Community Centers and revising
parking standards for Vehicle Sales and Displays from 2.5
spaces/lOOO square feet of lot area to 2.5 spaces/lOOO square feet
of sales lot area. Fix typographical error regarding rear setback in I
retail sales and service from 120 feet to 20 feet. [Pages 6 - 7 of
Ordinance)
(11) Sec. 2-703 Revise Flexible Standard Development Standards Table by
deleting Marina Facilities, adding Social and Community
Center and revising parking standards for Vehicle Sales and
Displays from 2.5 spaces/l 000 square feet of lot area to 2.5
spaces/lOOO square feet of sales lot area. [Pages 7-9 of Ordinance)
(12) Sec. 2-703.H Delete flexibility criteria for Marina Facilities. [Page 9 of
Ordinance]
(13) Sec. 2-703.Q Social and Community Centers. Add flexibility criteria for
Social and Community Center. [Page 10 of Ordinance]
(14) Sec. 2-703.S.1 Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 10 of Ordinance)
(15) Table 2-704 Flexible Development Table. Add Marina Facilities. (Page 11-
12 of Ordinance)
(16) Sec. 2-704.B Marina Facilities. Add flexibility criteria for Marina Facilities.
[Page 13 of Ordinance)
Division 8. Tourist District
(17) Table 2-802
Flexible Standard Development Table. Delete Marinas and add
Social and Community Centers. [Pages 14-15 of Ordinance)
(18) Sec. 2-802.E
Marinas. Delete flexibility criteria for marinas. [Page 16 of
Ordinance)
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(19) Sec. 2-802.R.l Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 16 of Ordinance]
(20) Sec. 2-802.R Social and Community Centers. Add flexibility criteria for this
use. [Pages 16-17 of Ordinance]
(21) Sec. 2-803.E Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. [Page 17 of Ordinance]
Division 9. Downtown District
(22) Sec. 2-902
(23) Sec. 2-902.E
(24) Sec. 2-902.P
(25) Sec. 2-902.0
(26) Sec. 2-903.H
Flexible Standard Development Table. Add Indoor
Recreation/ Entertainment and Social and Community Centers
as flexible standard uses. [Pages 17-18 of Ordinance]
Indoor Recreation/Entertainment. Add flexibility criteria for this
use. [Page 18 of Ordinance]
Social and Community Centers. Add flexibility criteria for this
use. [Pages 18-19 of Ordin an ce]1
Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 19 of Ordinance]
Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. [Page 19 of Ordinance]
Division 10. Office District
(27) Sec. 2-1003.M Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 19 of Ordinance)
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Division 12. Institutional District
(28) Sec. 2-1202 Minimum Development Standards Table. Delete Marinas as
minimum development use. [Pages 19-20 of Ordinance)
(29) Sec. 2-1203 Flexible Standard Development Standards Table. Delete
Marina Facilities and add Assisted Living Facilities, Nursing
Homes, Social Community Centers and Congregate Care as
flexible standard use. [Pages 20-21 of Ordinance]
(30) Sec. 2-1203.B Airport. Delete existing criteria and reference 1999 Airport Master
Plan study and permit short-term development projects identified
in the Plan as Flexible Standards Development and mid-term
development projects as Flexible Development projects. All
development at City's Airpark must relate to Airport Master Plan.
[Page 21-22 of Ordinance]
(31) Sec. 2-1203.F Marina and Marina Facilities. Delete flexibility criteria for
marina and marina facilities. [Page 22 ofOrdinanceJ
(32) Sec. 2-1203 Flexibility Criteria. Add flexibility criteria for Assisted Living
Facilities, Nursing Homes, Social and Community Centers and
Congregate Care. [Page 23 of Ordinance]
(33) Sec. 2-1203.N Utilitv Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 24 of Ordinance)
(34) Sec. 2-1204 Flexible Development Table. Add Marina and Marina
Facilities as a flexible development use. [Page 24-25 of
Ordinance]
(35) Sec. 2-1204.E Marinas and Marina Facilities. Add flexibility criteria for
marinas and marina facilities. [Pages 25-26 ofOrdinancef
Division 13. Industrial. Research. and Technology District
(36) Sec. 2-1303
Flexible Standard Development Table. Revise parking
requirements for Vehicle Sales and Display and Major Vehic1e
Sales/Displays from 1.5/1,000 square feet of lot area to 1.5/1,000
square feet of lot sales area in Flexible Standard Development.
[Pages 26-27 of Ordinance]
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Utility/Infrastructure Facilities. Remove flexibility criteria that
prohibits above ground utility structures that are located adjacent
to a street right-of-way. Continue to enforce setback requirements
as required. [Page 27 ofOrdinanceJ
Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(38) Sec. 2-1601
ARTICLE 3.
Coachman Ridge Table 2-1601(D) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) from table and place as footnote "(2) Community
Residential Homes (6 or fewer residents) shall be considered a
detached dwelling." [Pages 27-28 ofOrdinanceJ
DEVELOPMENT STANDARDS
Division 2. Accessory Use/Structure
(39) Sec. 3-201.BA Accessory Structures. Require that accessory structures be located
behind the front edge of the principal structure. This revision is in
conjunction with the deletions made to the minimum standard
development diagrams regarding accessory structures in the front
setback. [Page 28 of Ordinance)
(40) Sec. 3-201.B.1O Accessory Structures. Add new provlslOn requmng in-ground
pools 12 inches or less above grade to be considered as an
accessory structure and in-ground pools greater than 12 inches
above grade to be considered as principal structures. Renumber 3-
201.10 to 3-201.11 [Pages 28-29 of Ordinance)
Division 6. Dock Marina Standards
(41) Sec. 3-601.C.1.a Docks. Boats typically extend about 4' beyond davits. By
allowing davits to be exempt from the setbacks, situations may
occur where a boat hangs over the extended property line into
another property. Add provision that boats must remain
within property boundary lines. [Page 29 of Ordinance)
(42) Sec. 3-601
Multi-Use Docks. Add variance provisions for multi-use docks
500 square feet or smaller. [Page 29 of Ordinance)
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Division 7. Erosion and Siltation Control
(43) Sec. 3-702.B
Stabilization of Denuded Areas. Reduce current time frame that
allows construction sites to be left denuded from 60 days to 30
days after final grade is established. [Page 29 of Ordinance]
Division 8. Fences and Walls
(44) Sec. 3-804.A
(45) Sec. 3-804.B
(46) Sec. 3-805
Front Setback. Replace "setback" with "of a principal structure"
so fence regulations pertain to the area between the structure and
the property line instead ofthe setback. [Page of 30 of Ordinance)
Side and Rear Setback Areas. Replace "in the required setbacks"
with "between the principal structure and any side or rear lot line.
This regulates fences between the structure and lot lines instead of
just in the setback. Add provision that permits fences in the "IR T"
District to be eight (8) feet in height. [Page 30 of Ordinance]
Chain Link Fences. Add new subsection "A" that prohibits
chain link fences in the Downtown District. Revise reference in
public and private recreational facilities subsection. [Pages 30-31
of Ordinance]
Division 9. General Applicability Standards
(47) Sec. 3-902.D
(48) Sec. 3-904
(49) Sec. 3-908.A
(50) Sec. 3-912.
Density Rounding. Add new provision that specifies that when
calculating lot area and/or density/intensity, these numbers cannot
be rounded up to the next whole number. [Page 31 of Ordinance]
Sight Visibility Triangle. Delete existing diagram and replace with
new simplified requirement that the visibility triangle is measures
twenty (20) feet back for the edge of the property line. [Page 31 of
Ordinance]
Roof Overhang. Specify that roof overhangs and eaves may extend
40% into the required setback or 10 feet whichever is less, or 10
feet in the "C", "T", or "D" districts. [Page 31 of Ordinance]
Outdoor Display/Storage. Delete provision allowing goods and
materials to be stored in manner not visible from the public right-
of-way or adjacent properties. [Page 31 of Ordinance)
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(52) Sec. 3-916.C
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Uses Involving Vehicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas. [Page
31 of Ordinance]
Vendin2 Machines. Add new provision that limits the number
of vending machines that may be located outside and the
amount of sign age on each machine. [Page 32 of Ordinance]
Division 12. Landscaping/Tree Protection
(53) Sec. 3-1202.B.1 Minimum Plant Material Standards. Change requirements from
"Shade Tree 12' height, 4" caliper" to "Shade Tree 10', 2.5" in
caliper." Smaller trees adjust better than larger trees, use less water
to stabilize and are more readily available and less costly than
larger trees. [Pages 32-33 of Ordinance]
(54) Sec. 3-1202.C.1 Irrigation. Require irrigation systems to be permanent. [Page 33 of
Ordinance]
(55) Sec. 3-1204.D Perimeter Buffers. Change perimeter buffer standards to require
the installation of concrete curbing "and" wheel stops. [Page 34 of
Ordinance]
(56)Sec. 3-1205.B.2.a Criteria for Issuance of Tree Permit. Expand criteria used to
evaluate tree removal permits to include "species, tree structure,
competition" in addition to disease, insect attack, danger of falling,
proximity to proposed structures and interference with utilities.
[Page 34 of Ordinance]
(57) Sec. 3-1205.D.3. Replacement of Protected Trees and Palms. Add provision that
gives the Community Development Coordinator authority to
exempt certain trees from replacement based on species,
health, hazards and other conditions. (This provision is
proposed instead of 25% credit for developed property discussed at
Commission Worksession - see staff report.) [Page 34 of
Ordinance]
(58) Sec. 3-1205.D
.5.g
Wavier of Replacement Trees' Specifications. Replace "City
Manager" with "Community Development Coordinator" and delete
"size". (Added after 1/7/02 Commission Workshop - deleted
"size" because amendments include provision reducing the
required size of trees from 4" in caliper to 2.5" in caliper) [Page
34 afOrdinance]
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(59)Sec. 3-1205.D.5.hWaiver of Replacement Requirement. Add new provision giving
the Community Development Coordinator authority to exempt the
city from the tree replacement requirements for public utilities
projects. [Page 34 of Ordinance]
(60) Sec. 3-1205.G Proper Tree Care. Add new subsection specifying that it is
unlawful to use tree spikes or other devices which damage tissue of
protected trees." [Page 34 of Ordinance]
Division 13. Outdoor Lighting
(61) Sec. 3-1302
Site Lighting. Remove reference to "parcel proposed for
development" throughout section and replace with "parcel of land"
to address existing lights on parcels. [Page 35 of Ordinance]
Division 14. Parking and Loading
(62) Sec. 3-1401.C Parkin!! Demand Study. Add provIsIon that requires all
parking demand studies for reduced parking to be reviewed
and approved by the Community Development Coordinator.
[Page 35 of Ordinance]
(63) Sec. 3-1403.A Permanent Surface. Add "spaces" to this subsection so that all
parking areas are required to be paved. [Page 35 of Ordinance]
(64) Sec. 3-1403.B.l Grass Surface. Delete references to multi-family and non-
residential uses. [Page 35 of Ordinance]
(65) Sec. 3-1407.A.
.1.d
Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-1407.A.3. [Page
35 of Ordinance]
(66) Sec. 3-1407.A.2
Parking Restrictions in Residential Areas Within Setback Area
from Street Right-of-Way. Replace phrase "within any required
setback area from a street right-of-way" and replace "in front of
any portion of the principal structure." (Submitted by Dave
Campbell to address properties where the building is setback
greater than the required setback.) [Page 36 of Ordinance]
(67)Sec. 3-1407 .A.2.d.Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-1407.A.3. [Page
36 of Ordinance]
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(68) Sec. 3-1407.AA Parking on the Grass. Give subsection title and add "to and parallel
after "adjacent" to better identify the location of the permitted
parking space on the grass. [Page 36 of Ordinance]
(69) Sec. 3-1407.A.5 Grass Surface. Add new subsection entitled "Prohibition of
Parking on Unpaved Areas that states "No parking, displaying, or
storing of vehicles, trailers and/or boats shall be permitted on any
grass surface or other unpaved area zoned for any use unless
specifically authorized in this section." [Page 36 of Ordinance]
(70) Sec. 3-1407.B.2 Loading/Unloading/Washing of Vehicles. Revise time allowed
from loading, unloading or cleaning of vehicles from six hours to
twenty-four hours. (Added after 01-07-02 Commission
Worksession.) [Page 36 of Ordinance]
Division 15. Property Maintenance Standards
(71) Sec. 3-1502.C.3 Property Maintenance Requirements for Windows. Delete
"storefront" from this provision so that all ground level windows
facing a public right-of-way must be properly maintained. [Page
37 of Ordinance)
(72) Sec. 3-1502.G.l Exterior Storage and Display for Residential Properties. Delete part
of section that states goods and materials may not be stored in a
manner visible from the public right-of-way or abutting property.
This change was also made in Section 3-912. [Page 37 of
Ordinance]
(73) Sec. 3-1502.G.3 Exterior Storage and Display for Residential Properties. Change
"may" to "shall" to clarify that materials are not permitted to be
stored outside. [Page 37 of Ordinance]
(74) Sec. 3-1502.KA Parking Surfaces. Add "and driveway" after "parking lot" to
require the maintenance of driveways. [Page 37 of Ordinance]
(75) Sec. 3-1502.L Seawalls. Add subsection "L" "Maintenance of seawalls. All
seawalls shall be maintained in a structurally sound condition
and shall comply with applicable building and coastal
construction codes." [Page 37 of Ordinance]
(76) Sec. 3-1503.B.5 Nuisances. Change current wording "untended and/or unfenced
swimming pools" to "hazardous swimming pools." [Pages 37-38
of Ordinance]
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(77)Sec.3-1503.B.8 Nuisances (Ri2ht-of-Wav Maintenance). Replace "weeds or
trash" with "weeds, shrubs, vegetation, trash, or any other
obstruction extend." This will require the removal of a wider
variety of debris from the sidewalks. [Page 38 of Ordinance]
(78)Sec.3-l503.B.10 Nuisances (Right-of-Way Maintenance). Add "or easement" after
"dedicated right-of-way." [Page 38 of Ordinance]
(79)Sec. 3-1503.B.13Nuisance (Seawalls). Add new subsection declaring un-
maintained seawalls as a nuisance. [Page 38 of Ordinance]
DIVISION 18 - SIGNS
(80) Sec. 3-l803.L Prohibited Signs- Signs on Public Land. Correct typographical
error- change "Manger" with "Manager." [Page 38 of Ordinance]
(81) Sec. 3-l805.A Signs Permitted Without a Permit - Address. Clarify that address
sign shall be allowed in addition to the total square footage of
signage footage allowed in Section 3-1806. [Page 38 of
Ordinance)
(82) Sec. 3-l805.S Signs Permitted Without a Permit - Sign Face Change. Replace
"sign message" with "sign panels" and further clarify that lawful
noncommercial message is allowed. [Page 39 of Ordinance]
(83) Sec. 3-1806.B Permitted Signs Requiring Development Review - Non-Residential
Signs. Require architectural coordination for all signs and require
master sign program for shopping centers and office parks. [Page
39 of Ordinance]
(84)Sec.3-1806.B.1.a Non-residential - Freestandim! Si2ns. Add that sign area is
measured from the road frontage which results in the greatest
square footage. [Page 39 of Ordinance]
(85) Sec. 3-1806.B.
1.e.iii
Non-Residential - Freestandin2 si2ns. Increase the minimum
area of free-standing signs from 10 square feet to 20 square
feet. (Added After 01-07-02 Commission Worksession) [Page
39 of Ordinance]
(86)Sec.3-1806.B.1.h Non-Residential Si2ns - Signs at Elevated Intersections. Permit
freestanding signs 14 feet above the highest point of the road
adjacent and perpendicular to sign location. [Page 39 of
Ordinance]
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(87) Sec. 3-1806.B.3 Non-Residential - Attached signs. Clarify calculations for attached
signage is based on the fayade of the building to which the sign is
to be attached. Increase the minimum area for attached signs to 20
square feet; add that signs for second story or above businesses in
the Downtown and Tourist District may be approved if they meet
all other criteria for attached signage. Expand current provisions
for multi-use buildings to require sign changes on buildings that
have signs of a like design to be evaluated based on likeness of
existing sign types. Changes to individual signs shall be reviewed
for compliance with established theme of surrounding signage.
Add new provision that specifies projecting signage is permitted in
the T and D Districts as attached signs and must be 8' above
sidewalks. [Pages 39-40 of Ordinance]
(88) Sec. 3-1807.B Permitted Signage through Comprehensive Sign Program. Strike
through entire section to reformat subsequent subsections. Add
information from previous paragraph and add sentence that
prohibited signs in Section 3-1803 are not eligible for the
comprehensive sign program. Add another subsection requiring
that all signs are to be reviewed under a comprehensive sign
program and there may be flexibility in reviewing master sign
programs for shopping centers/office parks. mterior site
directional signs may be permitted and up to six feet in height.
[Pages 40-41 of Ordinance]
(89)Sec.3-1807.C.1.bComprehensive Sign Program - Design Requirements. Require all
signs in a comprehensive sign program to be architecturally
integrated and coordinated. [Page 41 of Ordinance]
(90)Sec.3-1807.C.2. Comprehensive Sign Program - Freestanding Sign. Clarify that the
maximum height of freestanding signs under a comprehensive sign
program is 14 feet, depending on the design. [Page 41 of
Ordinance]
(91) Sec. 3-1807.C.4 Comprehensive Sien Proeram -Area of Sien Faces. Clarify that
attached signs may be up to five percent of the building fa~ade
to which they are attached and that freestanding signs shall not
exceed two times the total area of sign faces permitted under
the minimum sign standards. (Revised after 01-07-02
Commission Worksession.) [Pages 41-42 of Ordinance]
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(92) Sec.3-1807.C.9. Add that the Community Development Coordinator will consider
many criteria when determining number and location of attached
and freestanding signs, including: overall site size, frontage,
access, visibility to site, intended traffic circulation pattern,
hierarchy of signage and submittal of a master sign plan. [Page 42
of Ordinance]
Division 21. Temporary Uses
(93) Sec. 3-2103.B.3 Portable Storage Units. Clarify that required sticker must reflect the
most recent delivery date. [Page 42 of Ordinance)
(94) Sec. 3-2103.B.3 Portable Stora2e Units. Add provision for Community
Development Coordinator to allow portable storage units in
emergency situation for 15 days with possible extension of
additional 15 days if needed. [Page 42 of Ordinance]
ARTICLE 4.
DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Division 2. General Procedures
(95) Sec. 4.202.A Application for Development Approval. Deleted exception allowed
for fence permit applications. [Page 42 of Ordinance)
(96) Sec. 4-202.A.7 Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications." [Page 42 of Ordinance]
(97) Sec. 4-202.A. Application for Development Approval. Add requirement that site
11.y. plan submittals must identify type and placement of all signage.
[Pages 42-43 of Ordinance]
(98) Sec. 4-202.A.25 Application for Development Approval. Revise to require signed
and sealed survey for all proposed development. [Page 43 of
Ordinance)
(99) Sec. 4-206
Permitted Uses: Level One Chart. Remove "development" and
replace with "standard" on notice to adjacent property owners.
[Page 43 of Ordinance]
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(J OO)Sec. 4-206.C.2.e Public Hearings. Revise posting of sign requirements to only apply
for Level Three approvals. "For level three approvals
only.. .proposed for development." [Page 43 of Ordinance]
(J 01) Sec. 4-206.D.5 Public Hearings. Add provision to require that any expert witness
shall submit a resume for the record before and/or during the
public hearing. [Page 43 of Ordinance]
Division 5. Appeals
(J 02) Sec. 4-502.A. Application/notice of appeal. Change to applicant or property
owner within required notice area and who presented competent
and factual evidence in the Levell review. (Added after 01-07-02
Commission Worksession) [Page 43 of Ordinance]
(J 03) Sec. 4-502.B. Application/notice of appeal. Add "by" any person to clarify that
party status is granted if person had submitted competent and
factual evidence in the Level I review would be granted party
status in appeal. (Added after 01-07-02 Commission Worksession)
[Pages 43-44 of Ordinance]
(J 04) Sec. 4-504.B. Community Development Board - Appeals. Clarify that if an
appeal is not removed from the consent agenda, the decision by the
Community Development Coordinator is confirmed as part of the
consent agenda, by a vote of the majority of the members of the
board. (Added after 01-07-02 Commission Worksession) [Page 44
of Ordinance)
(105) Sec. 4-505.A Hearinl! Officer Appeals. Revise to clarify that no discovery or
depositions can occur during an appeal, however, new
witnesses may be presented. [Page 44 of Ordinance]
(106) Sec. 4-505.D Hearinl! Officer Appeals. Revise paragraph "D" to describe
the format of the Hearing Officer's final decision. [Pages 44-
45 of Ordinance]
Division 6. Level Three Approvals
(107) Sec. 4-602.A Zoning Atlas Amendments. Delete all but last sentence. This was
moved to Section 1-109. [Page 45 of Ordinance]
Bold indicates major policy issues.
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Division 7. SubdivisionslPlats
(108) Sec. 4-702 Required alJProvals. Remove last sentence of paragraph. [Page 45
of Ordinance]
(109) Sec. 4-708.C Recordin2 of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Change will require
plats to be recorded prior to building permit being issued.
[Page 45 of Ordinance]
Division 12. Tree Removal Permit
(110) Sec. 4-1202.AARemoval Permit Application. Remove this requirement as it
duplicative as the signature on a removal permit application is a
Level 1 approval and conducted at that stage. Renumber remaining
sections. [Page 46 of Ordinance]
Division 13. Land Clearing and Grubbing
(111) Sec. 4-1301
Permit Required. Remove "except when.. .redevelopment project."
Section 3-1913.A requires a permit for removal of existing
structures. [Page 46 of Ordinance]
Division 14. Transfer of Development Rights
(112) Sec. 4-1401
(113) Sec. 4-1402
Transfer of Development Ri2hts. Add to Purpose and
authority section two (2) areas for TDR: TDRs may be used in
the following situations: (1) to implement the goals and policies
of redevelopment plans and/or special area plans approved by
the City, the PinelIas Planning Council, and the Countywide
Planning Authority; (2) to protect designated environmental,
open space, archaeological, historical or architecturally
significant sites. [Page 46 of Ordinance]
Transfer of Development Ri2hts. Add provision to require
consent of mortgage holder with application for transfer of
development rights and require sending site to meet property
maintenance standards(submitted by City Commission.)
[Pages 46-47 of Ordinance]
(114) Sec. 4-1403.C Transfer of Development Ri~hts. Revise subsection 1. Add
provision, which requires a reasonable relationship between
the number of units transferred, and any increases in building
height. Also consider compatibility with surrounding area and
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feasibility of the project. (Submitted by City Commission)
[Pages 47-48 of Ordinance]
(115) Sec. 4-1403.E Transfer of Development Ri!!hts. Clarify that TDRs can only
be sent and received in a designated CRAs/CRDs or can be
used to protect historical or environmentally sensitive areas.
Also specify that TDRs sent from the mainland must remain on
the mainland and those sent on the barrier islands must
remain on the islands. These changes are consistent with the
Countywide Rules. [Page 48 of Ordinance]
ARTICLE 6. NONCONFORMING PROVISIONS
(116) Sec. 6-102.B Nonconforming Structures. Define permitted maintenance as it
relates to nonconforming structures. [Page 48 of Ordinance]
(117) Sec. 6-104.B Nonconforming Sign. Remove "changeable copy" from definition.
Change "non-conforming" to "nonconforming." [Page 48 of
Ordinance]
ARTICLE 7.
ENFORCEMENT
PENALTIES
PROCEEDINGS
AND
(118) Sec. 7-102.C Correction of Violation. Repeal this Section to comply with State
Statutes and allow the board to review a case and take action for
record. [Page 48 of Ordinance]
ARTICLE 8.
DEFINITIONS AND
CONSTRUCTION
RULES
OF
(119) Sec. 8-102
Accessory Structure. Add definition "4) is detached from principal
structure." [Page 49 of Ordinance]
Lot, Comer. Revise definition of "Lot, Comer" because it is
combined with "Lot, Double Frontage." Separate the two and place
Lot, Double in its own definition to correct scrivener error._[Page
49 of Ordinance]
Bold indicates major policy issues.
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Parcel of Land. Add: as determined by the Community
Development Coordinator. [Page 49 of Ordinance]
Repeat Violator. Add: "... violation of a provision of a code ID
person who has been previously..." [Page 49 of Ordinance]
~ Add that except for banners, flags and temporary and
portable signs, all signs must be permanently affixed to, and/or
incorporated into, the sign cabinet, building wall or other base
material. All signs must be designed to be permanent. [Page 49 of
Ordinance]
Sign, Abandoned. Delete" or obsolete conforming" and add "sign
and/or structures" after reference to any sign. [Page 50 of
Ordinance]
Sign, Area. Add that attached signs are based on the smallest
geometric shape(s) around the graphic/text. For sign cabinets it is
based on the entire cabinet. [Page 50 of Ordinance]
Sign, Attached. Delete "mansard roof/walls" and add "projecting"
in the definition. [Page 50 of Ordinance]
Sie:n. Maintenance. Establish maximum amount of
improvements that can be made to nonconforming signs (50%
of the value of the structure). If improvements exceed
threshold, sign structure must be replaced with conforming
sign structure. [Page 50 of Ordinance]
Sign, Portable. Add definition for sign, portable as follows: Sign,
portable means a sign, which is not permanently fixed to the
ground or a structure utilizing standard construction procedures,
and/or materials that will not deteriorate, or a sign that is
transported over or parked along or next to a public right of way.
[Page 50 of Ordinance]
Sign, Vehicle. Revise definition to clarify that vehicle conducting
daily business are not violating code. (Added after 1/7/02
Commission Worksession) [Pages 50-51 of Ordinance]
Temporarv Uses. Clarify that temporary sales must be related to
principal use sales. [Page 51 of Ordinance]
Bold indicates major policy issues.
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I
Violator. Clarify definition of violator to Code Enforcement, quasi
- judicial or judicial process. [Page 51 of Ordinance]
(120) Sec. 8-102
Sign, Directional. Replace graphic with better illustration of
directional sign. See Exhibit B. [Page 51 of Ordinance}
(121) Sec. 8-102
Sign, Freestanding. Replace graphic with better illustration of
freestanding sign. See Exhibit C. [Page 51 of Ordinance}
Bold indicates major policy issues.
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List of Community Development Code Issues
(Revised Draft 2/01102)
AR TI CLE 1.
GENERAL PROVISIONS
Zoning District Boundaries
(1) Sec. 1-109
Zoning District Boundaries. Establish method for how zomng
districts are drawn i.e. to the centerline of right-of-way.
ARTICLE 2.
ZONING DISTRICTS
District Use Categories Chart
(2) Sec. 2
Chart. Correct scrivener errors on chart relating to Use Category
and District (Social/public service agencies need to be added to
"C", and "D" District and deleted from "T" District). Add
Neighborhood Conservation Overlay District to chart. Add
Marinas and Marina facilities to the "C", "T", "D", and "I"
Districts.
(3) Sec. 2
Marinas. Delete Marinas and Marina Facilities in Minimum
and Flexible Standards in the "C", "T", "D", and "I" districts
and place in Flexible development standards and add provision
that all docks must meet new Commercial Dock requirements
in section 3-601.C.3.
(4) Sec. 2
Chart. Delete Marina facilities from "0" Office District as it is not
allowed.
General Provisions
(5) Sec. 2
Signs for Accessory Uses. Delete all references to SIgnS for
accessory uses throughout Section 2.
(6) Sec. 2
Dia2rams. Rename "accessory uses" to "accessory structures"
in all zoning district diagrams throughout the code. Eliminate
reduced setbacks specifically for accessory structures in the
front setback in all districts.
(7) Sec. 2
Pools and Screen Enclosures. Remove accessory "pools and screen
enclosures" from Table 2-202 "LMDR" District Minimum
Standard Development.
* Bold indicates major policy issues.
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Revised after 0 1-07 -02 City
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Division 7. Commercial District
(8) Sec. 2-702 Vehicle Sales and Displays. Change parking requirement for
vehicle sales and display within the "C" District from 2.5
spaces/l,OOO of lot area to 2.5 spaces/l,OOO sf GFA in the
Minimum and Flexible Standard Development Use Charts to make
parking requirements realistic.
(9) Sec. 2-702 Commercial Retail Sales and Service. Change typographical error
in Minimum Development table regarding rear setback in
commercial retail sales and service from 120 feet to 20 feet.
(10) Sec. 2-703 Social and Community Centers. Currently only permitted in
the "I" district as a flexible and flexible standard development.
Add use as a Minimum Standard and Flexible Standard use in
the "D", "T", and "C" Districts to recognize many existing uses
in those areas. Use same dimensional requirements as Retail
Sales and Service.
(I1) Sec. 2-703.S.1 Utility Infrastructure. Remove flexible standard criteria in
Commercial District that prohibits above ground utility structures
that are located adjacent to a street right-of-way. Continue to
enforce setback requirements as required. (Also found in sections
2-802.R.1 Tourist District, 2-905.0.1 Downtown District, 2-
1003.M.1 Office District, 2-1203.N.1 Institutional District, and 2-
1304.P.1 Industrial, Research and Technology District).
Division 9. Downtown District
(I2) Sec. 2-903
Indoor Recreation/Entertainment Facility. Remove from Flexible
Development Standards and add as a Flexible Standard
Development.
Division 10. Office District
(I3) Sec. 2-1 003.F Offices. Add flexibility criteria for side and rear setback reductions
for Offices in "0" District.
(I4) Sec 2-1004.F Offices. Add flexible standard criteria for side and rear setback
reductions for Offices in "0" District.
Division 12. Institutional District
(I5) Sec. 2-1203
Flexible Standard Uses. Place ALFs, Nursing Homes, Social
Community/Social Centers, and Congregate Care as flexible
standard use in "I" District and add flexibility criteria.
* Bold indicates major policy issues.
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Revised after 01-07-02 City
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(16) Sec. 2-1203.B Airport. Reference 1999 Airport Master Plan study and permit
short-term development projects identified in the Plan as Flexible
Standards Development and mid-term development projects as
Flexible Development projects. All development at City's Airpark
must relate to Airport Master Plan.
Division 13. IndustriaL Research, and Technology District
(17) Sec. 2-1303
Vehicle Sales and Displays. Change parking requirements for
vehicle sales and display in district form 1.5/1,000 SF Lot Area to
1.5/1 ,000 SF GF A in Flexible Standard Development.
Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(18) Sec. 2-1601
ARTICLE 3.
Coachman Ridge Table 2-1601(D) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) from table and place as footnote "(2) that Community
Residential Homes (6 or fewer residents) shall be considered a
detached dwelling" and place "2" within table next to Detached
Dwellings under Use.
DEVELOPMENT STANDARDS
Division 2. Accessory Use/Structure
(19) Sec 3-201.B.4 Accessory Structures. Add provision requiring accessory structures
to be located behind the front edge of the principal structure.
(20) Sec. 3-201.10 Accessory Structures. Specify that in-ground pool 12 inches or less
above grade is classified as an accessory structure, and in-ground
pools greater than 12 inches above grade are classified as a
principal structure. Renumber 3-201.10 to 3-201.11
Division 6. Dock Marina Standards
(21) Sec. 3-601
Multi-Use Docks. Add variance provisions for multi-use docks
500 square feet or smaller.
(22) Sec. 3-601.C.1.a Docks. Boats typically extend about 4' beyond davits. By
allowing davits to be exempt from the setbacks, situations may
occur where a boat hangs over the extended property line into
another property. Add provision that boats must remain
within property boundary lines.
* Bold indicates major policy issues.
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Division 7. Erosion and Siltation Control
(23) Sec. 3-702.B
Stabilization of Denued Areas. Reduce current time frame that
allows construction sites to be left denuded for 60 days after final
grade is established. Change to 30 days to reduce erosion.
Division 8. Fences and Walls
(24) Sec. 3-804
(25) Sec. 3-805
Fences. Change section "A" to include that fences in front of
principal structure are to be no higher than 36 inches. Change
section "B" to allow for fences to be no higher than 8 feet in the
IR T District, and all no higher than 6 feet in all other districts.
Chain Link Fences. Add provision to prohibit chain link fences
in the Downtown District.
Division 9. General Applicability Standards
(26) Sec. 3-902.D
(27) Sec. 3-904
(28) Sec. 3-908
(29) Sec. 3-915.C
(30) Sec. 3-916
Density Rounding. Add section "D" to comprehensive plan
densities/intensities that lot area calculations for number of units
allowed shall not be rounded up. Give example such as a property
that would be allowed 2.996 units would equate to 2 units.
Sight Visibility Triangle. Need to create a more standardized
number than complicated formula for distance of triangle. Create a
uniform number in feet rather than determining type of intersection
and working formula from that.
Roof Overhang. Add section "E" to allow roof overhangs to extend
30 inches into required setback.
Uses Involving Vehicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas.
V endin2 Machines. Add provisions that limit the number of
vending machines businesses may have outside, and the
amount of sign age on each machine.
Division 12. Landscaping/Tree Protection
(31) Sec. 3-1202.B.1 Trees. Change requirements to "Shade Tree 10' height, 2.5"
caliper." The survival rate for 4" caliper trees is not as good as 2.5"
caliper trees and they use less water.
(32) Sec. 3-1202.C.l Trees. Require irrigation systems to be permanent.
* Bold indicates major policy issues.
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Revised after 01-07-02 City
Commission W orksession
(33) Sec. 3-1204.D
(34) Sec. 3-1205.B
.2.a
.
.
Trees. Change perimeter buffer standards to require the installation
of "concrete" curbing "and" wheel stops.
Trees. Change protected tree or palm standards with respect to
"species", "tree structure", "competition", disease. Should consider
expanding prohibited trees beyond current listing to include all
non-desirable trees.
(35) Sec. 3-1205.D.3. Tree Replacement. Add provISIon that the Community
Development Coordinator may exempt replacement of certain
trees. (Added after 1/7/02 workshop)
(36) Sec. 3-1205.D
.5.g
(37) Sec. 3-1205.D
.5.h
(38) Sec. 3-1205.F
Wavier of Replacement Trees. Replace "City Manager" with
"Community Development Coordinator" and delete "size".
(Added after 1/7/02 Commission Workshop)
Tree Replacement. Add section "h" that states "The Community
Development Coordinator may exempt the city from the tree
replacement requirements for public utilities projects."
Trees. Add new subsection specifying "It shall be unlawful to use
tree spikes or other devices which damage trunk tissue of protected
trees. "
Division 13. Outdoor Lighting
(39) Sec. 3-1302
Site Lighting. Remove reference to "parcel proposed for
development" throughout section and replace with "parcel of land"
to address existing lights on parcels.
Division 14. Parking and Loading
(40) Sec. 3-1401.C Parkine Demand Study. Add prOVISIOn that requires all
parking demand studies for reduced parking to be reviewed
and approved by the Community Development Coordinator.
(41) Sec. 3-1403.A Parking on Grass. Add "spaces" after parking lots. Specifies all
parking areas to be paved.
(42) Sec. 3-1403.B.1 Grass Surface. Delete section 3-1403.B.l III its entirety, and
renumber section 3-1403.B.2 to 3-1403.B.1
(43) Sec. 3-1407.A Parking in Residential Areas. Remove "Any semi-tractor
* Bold indicates major policy issues.
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Revised after 01-07 -02 City
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.l.d trailer truck or cab;" restriction as it is redundant to Section 3-
1407.A.3.
(44) Sec. 3-1407.A.2 Parking in Residential Areas. Delete reference to any required
setback area from a street right-of-way and replace "in front of
principal structure." (submitted by Dave Campbell)
(45) Sec. 3-1407.A
.2.d
Parking in Residential Areas. Remove "Any semi-tractor trailer
truck or cab;" restriction as it is redundant to section 3-1407.A.3.
(46) Sec. 3-1407.AA Grass Surface Parking. Add "and parallel" after "adjacent" to
better identify location for one designated parking space.
(47) Sec 3-1407.A.5 Grass Surface. Add new subsection "5" that states "No parking,
displaying, or storing of vehicles shall be permitted on any grass
surface or other unpaved area zoned for any use unless specifically
authorized in this section."
(48) Sec 3-1407.B.2 Loading/Unloading/Washing of Vehicles. Revise time allowed
from six hours to twenty-four hours. (Added after 01-07-02)
Division 15. Property Maintenance Standards
(49) Sec. 3-1502.G.3 Exterior Storage. Change "may" to "shall" to clarify that materials
are not permitted to be stored outside.
(50) Sec. 3-1502.KA Property Maintenance. Add "and driveway" after "parking lot" to
require the maintenance of driveways.
(51) Sec. 3-1502.L Seawalls. Add subsection "L" "Maintenance of seawalls. All
seawalls shall be maintained in a structurally sound and safe
condition, free of cracks and spallin g."
(52) Sec. 3-1503 Nuisance. Seawalls. Add provision declaring unmaintained
seawalls as a nuisance.
(53) Sec. 3-1503.B.5 Nuisance Swimming Pool. Change current wording "untended
and/or unfenced swimming pools" to "hazardous swimming
pools."
(54) Sec. 3-1503.B.8 Nuisances. Replace "weeds or trash" with "weeds, shrubs,
vegetation, trash, or any other obstruction extend." This will
allow for the removal of a wider variety of debris from the
sidewalks.
* Bold indicates major policy issues.
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Revised after 01-07 -02 City
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(55) Sec. 3-l503.B.10Nuisance Right-of-Way. Add "or easement" after "dedicated right-
of-way."
Division 21. Temporary Uses
(56) Sec. 3-2103.B.3 PODS. Add provIsIOn for Community Development
Coordinator to allow PODS in emergency situation for
duration of emergency repairs.
ARTICLE 4.
DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Division 2. Applications for Development Approval
(57) Sec. 4-206 Permitted Uses: Level One Chart. Remove "development" and
replace with "standard" on notice to adjacent property owners.
(58) Sec. 4-202.A.7 Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications. "
(59) Sec. 4-206.C.2.e Public Hearings. Revise posting of sign requirements to only apply
for Level Three approvals. "For level three approvals
only.. .proposed for development."
(60) Sec. 4-206.D.5 Public Hearings. Add provision to require that any expert witness
shall submit a resume for the record before and/or during the
public hearing.
(61) Sec. 4-502.A. Application/notice of appeal. Change to applicant or property
owner within required notice area and who participated in the
Levell review.
(62) Sec. 4-502.B. Application/notice of appeal. Add "and who participated in the
review and/or public hearing" for party status in appeal.
(63) Sec. 4-504.B. Community Development board of appeals. Revise line 11 to read
as follows: If the appeal is not removed from the consent agenda,
the decision by the Community Development Coordinator is
confirmed as part of the consent agenda, by a vote of the majority
of the members of the board. (Added after 01-07-02)
* Bold indicates major policy issues.
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Revised after 01-07-02 City
Commission W orksession
(64) Sec. 4-S0S.A
(65) Sec. 4-S0S.D
.
.
Hearin2: Officer Appeals. Revise so that the only information
that can be presented at an appeal hearing is the information
presented during the original City hearing. No additional
information may be used.
Hearin2: Officer Appeals. Revise paragraph "D" to describe
the format of the Hearing Officer's final decision.
Division 7. SubdivisionslPlats
(66) Sec 4-702
(67) Sec. 4-708.C
Required approvals. Remove last sentence of paragraph.
Recordin2: of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Change will require
plats to be recorded prior to building permit being issued.
Division 12. Tree Removal Permit
(68) Sec. 4-1202.A.4 Removal Permit Application. Remove this requirement as it
duplicative as the signature on a removal permit application is a
Level 1 approval and conducted at that stage. Renumber remaining
sections.
Division 13. Land Clearing and Grubbing
(69) Sec. 4-1301
Permit Required. Remove "except when.. .redevelopment project."
Section 3-1913.A requires a permit for removal of existing
structures.
Division 14. Transfer of Development Rights
(70) Sec. 4-1401
(71) Sec. 4-1402
Transfer of Development Ri2:hts. Add to Purpose and
authority section two (2) areas for TDR: TDRs may be used in
the following situations: (1) TDR is an extension of goals and
policies of Community Redevelopment Areas, (2) in the
protection of Architecturally Significant Structures, Historic
Structures, and Environmentally Sensitive Areas.
Transfer of Development Ri2:hts. Add provision which requires
a reasonable relationship between the number of units
transferred and any increases in building height. Also consider
compatibility with surrounding area and viability of the
project. (Submitted by City Commission)
* Bold indicates major policy issues.
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Revised after 01-07-02 City
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(72) Sec. 4-1402 Transfer of Development Rights. Add provision to require consent
of mortgage holder with application for transfer of development
rights.
(73) Sec. 4-1402 Transfer of Development Ri2hts. Require sending site to meet
property maintenance standards (submitted by City
Commission).
(74) Sec. 4-1403.E Transfer of Development Ri2hts. Add section "E" that TDRs
can only be used and must remain in designated CRAs and
CRDs, and any TDRs sent from the mainland must remain on
the mainland. Makes City Code more clear and consistent with
usage guidelines of the Countywide Plan Rules.
ARTICLE 6. NONCONFORMITY PROVISIONS
General Provision
(75) Sec. 6
Nonconforming Structures. Need to define "routine maintenance"
such as painting/cleaning/repairing, of nonconforming structures
and replacement of same nonconformity.
ARTICLE 7.
ENFORCEMENT PROCEEDINGS AND
PENALTIES
Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures
(76) Sec. 7-102.C Correction of Violation. Repeal this Section to comply with State
Statutes and allow the board to review a case and take action for
record.
(77) Sec. 7-102.C.2 Enforcement. Remove section "C" on correction prior to
hearing. Leave wording that allows the scheduling of the
hearing if the violation reoccurs. Need process to handle
recurring violation without starting entirely new process.
ARTICLE 8. DEFINITIONS AND RULES OF
CONSTRUCTION
Definitions
(78) Sec. 8-102
Accessory Structure. Add definition "4) is detached from principal
structure. "
* Bold indicates major policy issues.
9
Revised after 01-07-02 City
Commission W orksession
(79) Sec 8-102
(80) Sec. 8-102
(81) Sec. 8-102
(82) Sec. 8-102
(83) Sec. 8-102
(84) Sec. 8-102
.
.
Animal Sales, Boarding and Grooming. Add definition of "Animal
Sales, Boarding and Grooming" as current code does not address
this area and use could be possible be placed next to residential
district.
Lot, Comer. Revise definition of "Lot, Comer" because it is
combined with "Lot, Double Frontage." Separate the two and place
Lot, Double in its own definition to correct scrivener error.
Parcel of Land. Add: as determined by the Community
Development Coordinator.
Repeat Violator. Add: "... violation of a provision of a code m
person who has been previously..."
Sign, Vehicle. Revise definition to clarify that vehicle conducting
daily business are not violating code. (Added after 1/7/02
workshop)
Temporary Uses. Clarify that temporary sales must be related to
principal use sales.
* Bold indicates major policy issues.
10
Revised after 01-07-02 City
Commission Worksession
, . ...
.
e
List of Community Development Sign Code Issues
(Draft 1/18/02)
ARTICLE 3.
DEVELOPMENT STANDARDS - Division 18. Signs.
Sec. 3-1801 - General Provisions
(1) Sec. 3-1801
Cross-reference. Add cross-reference in sign code to reference
signage allowed for temporary uses in Section 3-2103.
Sec. 3-1803 - Prohibited Signs
(2) Sec. 3-1803
(3) Sec. 3-1803.A
(4) Sec. 3-1803.1
(5) Sec. 3-1803.L
Billboards. Add provision to prohibited signs section that clarifies
billboards are prohibited.
Abandoned Sil!ns. Remove last sentence which states
"Alternatively, the sign panels within the abandoned sign
structure may be removed and replaced with sign panels of
neutral color and containing no message."
Sandwich Boards. Create maximum size and height for sandwich
board signs. Design features will be addressed in the Downtown
Design Guidelines development.
Signs on Public Land. Correct "manger" with "manager."
Sec. 3-1804 - General Standards
(6) Sec. 3-1804
Sil!ns at Elevated Intersections. Add provision permitting
higher signs at elevated intersections.
Sec. 3-1805 - Signs Permitted Without Development Review
(7) Sec 3-1805.G
(8) Sec. 3-1805.K
Flags. Add the last portion of 3-1804.D which states "the area of
the banner or flag shall be included in, and limited by, the
computation of allowable area for freestanding or attached
signage" to clarify calculations for flags to this section.
Directional Signs. Limit number of directional signs to two, "'exit"
and "entrance" per curb cut. Take out reference to "other non-
traffic control" and add maximum height of 3 ' .
Bold Lettering Indicates Major Policy Issue
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Revised after 01-07-02 City
Commission W orksession
I
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(9) Sec. 3-1805.S
e
e
Sign Face Change. Replace "sign message" with "sign panels."
Sec. 3-1806 - Permitted Signs Requiring Development Review
(10) Sec. 3-1806.B
.3.a
(11) Sec. 3-1806.B
.3.b
(12) Sec. 3-1806
(13) Sec. 3-1806.B
Exterior Sienaee per Exterior Entrance. Clarify that
businesses that have exterior entrance are only businesses that
are allowed attached and/or freestanding sign age. Add
provision that multi-tenant buildings that have one public
entrance shall not have individual sign age for each tenant.
Only one sign per building is allowed.
Multi-use Buildings. Expand current provisions to require sign
changes on buildings that have signs of a like design to be
evaluated based on likeness of existing sign types. Changes to
individual signs shall be reviewed for compliance with established
theme of surrounding signage.
Proiecting Signs. Create provision that projecting signage is
required to be a minimum height from grade/sidewalk. City code
requires an 8' clearance above sidewalks.
Calculating Signs on Comer Lots. Add provision to clarify that
freestanding sign area for a comer lot is based off of whichever
frontage allows for the greatest amount of signage. Attached signs
are calculated using the fac;ade of the building on which the sign is
to be located.
(14) Sec. 3-1806.3.B Desien Criteria. Add provIsIon that all signs must be
architecturally integrated into the design of the building and/or
site using similar design features and materials.
(15) Sec. 3-1806.5 Changeable Copy. Words missing. Change to read "provided they
are located on public property and serving" within requirements.
Sec. 3-1807 - Comprehensive Sign Program
(16) Sec. 3-1807.B Permitted Signage. Add sentence to end of paragraph stating that
all prohibited signs in Section 3-1803 are still prohibited when
applying the comprehensive sign program.
(17) See 3-1807.C.4 Area of Sien Face. Delete "not to exceed two times the total
area of sign faces permitted under the minimum sign
standards" and replace with criteria regarding proportionality
of signage to building and site, visibility, site conditions, etc.
This will allow for larger signs to be used when signage is
approved through the comprehensive sign program.
Revised after 01-07-02 City
Commission Worksession
2
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ARTICLE 4.
-
e
DEVELOPMENT
PROCEDURES
AND
OTHER
REVIEW
Sec. 4-202 - Applications for Development Approval
(J 8) Sec. 4-202.A
ARTICLE 6.
Site Plans. Add requirement that site plan submittals must identify
type and placement of all signage.
NONCONFORMING PROVISIONS
Sec. 6-104 - Nonconforming Sign/Redevelopment of Principle
U se/S tructure
(J 9) Sec. 6-104.B
ARTICLE 8.
Nonconforming Sign. Remove "changeable copy" from definition.
Change "non-conforming" to "nonconforming."
DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 8-102 - Definitions
(20) Sec. 8-102
(21) Sec. 8-102
(22) Sec. 8-102
(23) Sec. 8-102
(24) Sec. 8-102
(25) Sec. 8-102
Sign, Portable. Add definition for sign, portable as follows: Sign,
portable means a sign, which is not permanently fixed to the
ground or a structure utilizing standard construction procedures,
and/or materials that will not deteriorate, or a sign that is
transported over or parked along or next to a public right of way.
Sign, Mansard Roof. Delete "mansard roof/walls" from definition
of sign, attached.
Sign, Directional. Change definition to address permanent sign
requirements and remove graphic.
Sign, Abandoned. Delete" or obsolete conforming" and add "sign
and/or structures" after reference to any sign.
Sign, Freestanding. Change illustration of freestanding sign in
definition section or delete graphic. Current illustration shows a
lolly pop style sign.
Sh!n. Maintenance. Establish maximum amount of
improvements that can be made to nonconforming signs (50%
Bold Lettering Indicates Major Policy Issue
Revised after 01-07-02 City
Commission Worksession
3
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of the value of the structure). If improvements exceed
threshold, sign structure must he replaced with conforming
sign structure.
(26) Sec 3-102
Permanent Materials. Add definition of permanent materials that
shall be used for signage.
Revised after 01-07-02 City
Commission W orksession
4
.
.
List of Community Development Code Issues
(Revised Draft 1/28/02)
ARTICLE 1.
GENERAL PROVISIONS
Zoning District Boundaries
(1) Sec. 1-109
Zoning District Boundaries. Establish method for how zonmg
districts are drawn i.e. to the centerline of right-of-way.
ARTICLE 2.
ZONING DISTRICTS
District Use Categories Chart
(2) Sec. 2
Chart. Correct scrivener errors on chart relating to Use Category
and District (Social/public service agencies need to be added to
"C", and "D" District and deleted from "T" District). Add
Neighborhood Conservation Overlay District to chart. Add
Marinas and Marina facilities to the "C", "T", "D", and "I"
Districts.
(3) Sec. 2
Marinas. Delete Marinas and Marina Facilities in Minimum
and Flexible Standards in the "C", "T", "D", and "I" districts
and place in Flexible development standards and add provision
that all docks must meet new Commercial Dock requirements
in section 3-601.C.3.
(4) Sec. 2
Chart. Delete Marina facilities from "0" Office District as it is not
allowed.
General Provisions
(5) Sec. 2
Signs for Accessory Uses. Delete all references to SIgnS for
accessory uses throughout Section 2.
(6) Sec. 2
Dia1!rams. Rename "accessory uses" to "accessory structures"
in all zoning district diagrams throughout the code. Eliminate
reduced setbacks specifically for accessory structures in the
front setback in all districts.
(7) Sec. 2
Pools and Screen Enclosures. Remove accessory "pools and screen
enclosures" from Table 2-202 "LMDR" District Minimum
Standard Development.
* Bold indicates major policy issues.
1
Revised after 0 1-07 -02 City
Commission W orksession
.
.
Division 7. Commercial District
(8) Sec. 2-702 Vehicle Sales and Displavs. Change parking requirement for
vehicle sales and display within the "C" District from 2.5
spaces/1,OOO of lot area to 2.5 spaces/1,000 sf GFA in the
Minimum and Flexible Standard Development Use Charts to make
parking requirements realistic.
(9) Sec. 2-702 Commercial Retail Sales and Service. Change typographical error
in Minimum Development table regarding rear setback in
commercial retail sales and service from 120 feet to 20 feet.
(10) Sec. 2-703 Social and Community Centers. Currently only permitted in
the "I" district as a flexible and flexible standard development.
Add use as a Minimum Standard and Flexible Standard use in
the "D", "T", and "C" Districts to recognize many existing uses
in those areas. Use same dimensional requirements as Retail
Sales and Service.
(J 1) Sec. 2-703.S.1 Utility Infrastructure. Remove flexible standard criteria in
Commercial District that prohibits above ground utility structures
that are located adjacent to a street right-of-way. Continue to
enforce setback requirements as required. (Also found in sections
2-802.R.1 Tourist District, 2-905.0.1 Downtown District, 2-
1003.M.1 Office District, 2-1203.N.1 Institutional District, and 2-
1304.P.1 Industrial, Research and Technology District).
Division 9. Downtown District
(J 2) Sec. 2-903
Indoor Recreation/Entertainment Facilitv. Remove from Flexible
Development Standards and add as a Flexible Standard
Development.
Division 10. Office District
(13) Sec. 2-1003.F Offices. Add flexibility criteria for side and rear setback reductions
for Offices in "0" District.
(14) Sec 2-1004.F Offices. Add flexible standard criteria for side and rear setback
reductions for Offices in "0" District.
Division 12. Institutional District
(J 5) Sec. 2-1203
Flexible Standard Uses. Place ALFs, Nursing Homes, Social
Community/Social Centers, and Congregate Care as flexible
standard use in "I" District and add flexibility criteria.
* Bold indicates major policy issues.
2
Revised after 01-07-02 City
Commission W orksession
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.
.
(16) Sec. 2-1203.B Airport. Reference 1999 Airport Master Plan study and permit
short-term development projects identified in the Plan as Flexible
Standards Development and mid-term development projects as
Flexible Development projects. All development at City's Airpark
must relate to Airport Master Plan.
Division 13. Industrial. Research, and Technology District
(17) Sec. 2-1303
Vehicle Sales and Displays. Change parking requirements for
vehicle sales and display in district form 1.5/1,000 SF Lot Area to
1.5/1,000 SF GF A in Flexible Standard Development.
Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(18) Sec. 2-1601
ARTICLE 3.
Coachman Ridge Table 2-1601(D) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) from table and place as footnote "(2) that Community
Residential Homes (6 or fewer residents) shall be considered a
detached dwelling" and place "2" within table next to Detached
Dwellings under Use.
DEVELOPMENT STANDARDS
Division 2. Accessory Use/Structure
(19) Sec 3-201.B.4 Accessory Structures. Add provision requiring accessory structures
to be located behind the front edge of the principal structure.
(20) Sec. 3-201.10 Accessory Structures. Specify that in-ground pool 12 inches or less
above grade is classified as an accessory structure, and in-ground
pools greater than 12 inches above grade are classified as a
principal structure. Renumber 3-201.10 to 3-201.11
Division 6. Dock Marina Standards
(21) Sec. 3-601
Multi-Use Docks. Add variance provisions for multi-use docks
500 square feet or smaller.
(22) Sec. 3-601.C.1.a Docks. Boats typically extend about 4' beyond davits. By
allowing davits to be exempt from the setbacks, situations may
occur where a boat hangs over the extended property line into
another property. Add provision that boats must remain
within property boundary lines.
* Bold indicates major policy issues.
3
Revised after 01-07-02 City
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Division 7. Erosion and Siltation Control
(23) Sec. 3-702.B
Stabilization of Denued Areas. Reduce current time frame that
allows construction sites to be left denuded for 60 days after final
grade is established. Change to 30 days to reduce erosion.
Division 8. Fences and Walls
(24) Sec. 3-804
(25) Sec. 3-805
Fences. Change section "A" to include that fences in front of
principal structure are to be no higher than 36 inches. Change
section "B" to allow for fences to be no higher than 8 feet in the
IR T District, and all no higher than 6 feet in all other districts.
Chain Link Fences. Add provision to prohibit chain link fences
in the Downtown District.
Division 9. General Applicability Standards
(26) Sec. 3-902.D
(27) Sec. 3-904
(28) Sec. 3-908
(29) Sec. 3-915.C
(30) Sec. 3-916
Density Rounding. Add section "D" to comprehensive plan
densities/intensities that lot area calculations for number of units
allowed shall not be rounded up. Give example such as a property
that would be allowed 2.996 units would equate to 2 units.
Sight Visibility Triangle. Need to create a more standardized
number than complicated formula for distance of triangle. Create a
uniform number in feet rather than determining type of intersection
and working formula from that.
Roof Overhang. Add section "E" to allow roof overhangs to extend
30 inches into required setback.
Uses Involving Vehicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas.
V endin2: Machines. Add provisions that limit the number of
vending machines businesses may have outside, and the
amount of sign age on each machine.
Division 12. Landscaping/Tree Protection
(31) Sec. 3-1202.B.1 Trees. Change requirements to "Shade Tree 10' height, 2.5"
caliper." The survival rate for 4" caliper trees is not as good as 2.5"
caliper trees and they use less water.
(32) Sec. 3-1202.C.l Trees. Require irrigation systems to be permanent.
* Bold indicates major policy issues.
4
Revised after 01-07-02 City
Commission W orksession
(33) Sec. 3-1204.D
(34) Sec. 3-1205.B
.2.a
.
.
Trees. Change perimeter buffer standards to require the installation
of "concrete" curbing "and" wheel stops.
Trees. Change protected tree or palm standards with respect to
"species", "tree structure", "competition", disease. Should consider
expanding prohibited trees beyond current listing to include all
non-desirable trees.
(35) Sec. 3-1205.D.5.f Tree Replacement. Expand provision to allow a one time 25%
credit for developed multi-family and commercial property for
cases where there is difficulty in redevelopment situations with
fitting all required trees on site. Staff determines whether or
not property warrants any reduction.
(36) Sec. 3-1205.D
.5.g
(37) Sec. 3-1205.D
.5.h
(38) Sec. 3-1205.F
Wavier of Replacement Trees. Replace "City Manager" with
"Community Development Coordinator."
Tree Replacement. Add section "h" that states "The Community
Development Coordinator may exempt the city from the tree
replacement requirements for public utilities projects."
Trees. Add new subsection specifying "It shall be unlawful to use
tree spikes or other devices which damage trunk tissue of protected
trees."
Division 13. Outdoor Lighting
(39) Sec. 3-1302
Site Lighting. Remove reference to "parcel proposed for
development" throughout section and replace with "parcel of land"
to address existing lights on parcels.
Division 14. Parking and Loading
(40) Sec. 3-1401.C Parkin!! Demand Study. Add provIsion that requires all
parking demand studies for reduced parking to be reviewed
and approved by the Community Development Coordinator.
(41) Sec. 3-1403.A Parking on Grass. Add "spaces" after parking lots. Specifies all
parking areas to be paved.
(42) Sec. 3-1403.B.1 Grass Surface. Delete section 3-1403.B.1 In its entirety, and
renumber section 3-1403.B.2 to 3-1403.B.1
* Bold indicates major policy issues.
5
Revised after 01-07-02 City
Commission W orksession
.
.
(43) Sec. 3-1407.A
.l.d
Parking in Residential Areas. Remove "Any semi-tractor
trailer truck or cab;" restriction as it is redundant to Section 3-
1407.A.3.
(44) Sec. 3-1407.A.2 Parking in Residential Areas. Delete reference to any required
setback area from a street right-of-way and replace "in front of
principal structure." (submitted by Dave Campbell)
(45) Sec. 3-1407.A
.2.d
Parking in Residential Areas. Remove "Any semi-tractor trailer
truck or cab;" restriction as it is redundant to section 3-1407.A.3.
(46) Sec. 3-1407.A.4 Grass Surface Parking. Add "and parallel" after "adjacent" to
better identify location for one designated parking space.
(47) Sec 3-1407.A.5 Grass Surface. Add new subsection "5" that states "No parking,
displaying, or storing of vehicles shall be permitted on any grass
surface or other unpaved area zoned for any use unless specifically
authorized in this section."
(48) Sec 3-1407.B.2 Loading/Unloading/Washing of Vehicles. Revise time allowed
from six hours to twenty-four hours. (Added after 01-07-02)
Division 15. Property Maintenance Standards
(49) Sec. 3-1502.G.3 Exterior Storage. Change "may" to "shall" to clarify that materials
are not permitted to be stored outside.
(50) Sec. 3-1502.K.4 Property Maintenance. Add "and driveway" after "parking lot" to
require the maintenance of driveways.
(51) Sec. 3-1502.L Seawalls. Add subsection "L" "Maintenance of seawalls. All
seawalls shall be maintained in a structurally sound and safe
condition, free of cracks and spalling."
(52) Sec. 3-1503 Nuisance. Seawalls. Add provision declaring unmaintained
seawalls as a nuisance.
(53) Sec. 3-1503.B.5 Nuisance Swimming Pool. Change current wording "untended
and/or unfenced swimming pools" to "hazardous swimming
pools."
(54) Sec. 3-1503.B.8 Nuisances. Replace "weeds or trash" with "weeds, shrubs,
vegetation, trash, or any other obstruction extend." This will
allow for the removal of a wider variety of debris from the
sidewalks.
* Bold indicates major policy issues.
6
Revised after 01-07-02 City
Commission W orksession
.
.
(55) Sec. 3-1503.B.10Nuisance Right-of-Way. Add "or easement" after "dedicated right-
of-way."
Division 21. Temporary Uses
(56) Sec. 3-2103.B.3 PODS. Add provIsion for Community Development
Coordinator to allow PODS in emergency situation for
duration of emergency repairs.
ARTICLE 4.
DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Division 2. Applications for Development Approval
(57) Sec. 4-206 Permitted Uses: Level One Chart. Remove "development" and
replace with "standard" on notice to adjacent property owners.
(58) Sec. 4-202.A.7 Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications. "
(59) Sec. 4-206.C.2.e Public Hearings. Revise posting of sign requirements to only apply
for Level Three approvals. "For level three approvals
only.. .proposed for development."
(60) Sec. 4-206.D.5 Public Hearings. Add provision to require that any expert witness
shall submit a resume for the record before and/or during the
public hearing.
(61) Sec. 4-502.A. Application/notice of appeal. Change to applicant or property
owner within required notice area and who participated in the
Level 1 review.
(62)Sec. 4-502.B. Application/notice of appeal. Add "and who participated in the
review and/or public hearing" for party status in appeal.
(63) Sec. 4-504.B. Community Development board of appeals. Revise line 11 to read
as follows: If the appeal is not removed from the consent agenda,
the decision by the Community Development Coordinator is
confirmed as part of the consent agenda, by a vote of the majority
of the members of the board. (Added after 01-07-02)
* Bold indicates major policy issues.
7
Revised after 01-07-02 City
Commission W orksession
(64) Sec. 4-505.A
(65) Sec. 4-505.D
.
.
Hearin2 Officer Appeals. Revise so that the only information
that can be presented at an appeal hearing is the information
presented during the original City hearing. No additional
information may be used.
Hearin2 Officer Appeals. Revise paragraph "D" to describe
the format of the Hearing Officer's final decision.
Division 7. SubdivisionslPlats
(66) Sec 4-702
(67) Sec. 4-708.C
Required approvals. Remove last sentence of paragraph.
Recordin2 of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Change will require
plats to be recorded prior to building permit being issued.
Division 12. Tree Removal Permit
(68) Sec. 4-1202.A.4 Removal Permit Application. Remove this requirement as it
duplicative as the signature on a removal permit application is a
Level 1 approval and conducted at that stage. Renumber remaining
sections.
Division 13. Land Clearing and Grubbing
(69) Sec. 4-1301
Permit Required. Remove "except when.. .redevelopment project."
Section 3-1913.A requires a permit for removal of existing
structures.
Division 14. Transfer of Development Rights
(70) Sec. 4-1401
(71) Sec. 4-1402
Transfer of Development Ri2hts. Add to Purpose and
authority section two (2) areas for TDR: TDRs may be used in
the following situations: (1) TDR is an extension of goals and
policies of Community Redevelopment Areas, (2) in the
protection of Architecturally Significant Structures, Historic
Structures, and Environmentally Sensitive Areas.
Transfer of Development Ri2hts. Add provision which requires
a reasonable relationship between the number of units
transferred and any increases in building height. Also consider
compatibility with surrounding area and viability of the
project. (Submitted by City Commission)
* Bold indicates major policy issues.
8
Revised after 01-07-02 City
Commission W orksession
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.
(72) Sec. 4-1402 Transfer of Development Rights. Add provision to require consent
of mortgage holder with application for transfer of development
rights.
(73) Sec. 4-1402 Transfer of Development Rie:hts. Require sending site to meet
property maintenance standards (submitted by City
Commission).
(74) Sec. 4-1403.E Transfer of Development Rie:hts. Add section "E" that TDRs
can only be used and must remain in designated CRAs and
CRDs, and any TDRs sent from the mainland must remain on
the mainland. Makes City Code more clear and consistent with
usage guidelines of the Countywide Plan Rules.
ARTICLE 6. NONCONFORMITY PROVISIONS
General Provision
(75) Sec. 6
Nonconforming Structures. Need to define "routine maintenance"
such as painting/cleaning/repairing, of nonconforming structures
and replacement of same nonconformity.
ARTICLE 7.
ENFORCEMENT PROCEEDINGS AND
PENALTIES
Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures
(76) Sec. 7-102.C Correction of Violation. Repeal this Section to comply with State
Statutes and allow the board to review a case and take action for
record.
(77) Sec. 7-102.C.2 Enforcement. Remove section "C" on correction prior to
hearing. Leave wording that allows the scheduling of the
hearing if the violation reoccurs. Need process to handle
recurring violation without starting entirely new process.
ARTICLE 8. DEFINITIONS AND RULES OF
CONSTRUCTION
Definitions
(78) Sec. 8-102
Accessory Structure. Add definition "4) is detached from principal
structure. "
* Bold indicates major policy issues.
9
Revised after 01-07-02 City
Commission W orksession
(79) Sec 8-102
(80) Sec. 8-102
(81) Sec. 8-102
(82) Sec. 8-102
(83) Sec. 8-102
.
.
Animal Sales, Boarding and Grooming. Add definition of "Animal
Sales, Boarding and Grooming" as current code does not address
this area and use could be possible be placed next to residential
district.
Lot, Comer. Revise definition of "Lot, Comer" because it is
combined with "Lot, Double Frontage." Separate the two and place
Lot, Double in its own definition to correct scrivener error.
Parcel of Land. Add: as determined by the Community
Development Coordinator.
Repeat Violator. Add: "... violation of a provision of a code ~
person who has been previously..."
Temporary Uses. Clarify that temporary sales must be related to
principal use sales.
* Bold indicates major policy issues.
10
Revised after 01-07-02 City
Commission W orksession
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #
Final Agenda Item #
Meeting Date
02-21-02
SUBJECT/RECOMMENDATION:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6928-02 on first reading.
D and that the appropriate officials be authorized to execute same.
SUMMARY: The Planning Department is charged with reviewing the Community Development Code on an
annual basis to determine if any additions, deletions, or revisions are needed to improve the administration of
the Code or regulations imposed. The Planning Department has conducted its review and comprehensive
amendments are being proposed to the Code. A list of proposed amendments was presented to the City
Commission at the January 7, 2002 Worksession. The Commission provided direction to staff on many issues
including transfer of development rights, vending machines, and tree replacement requirements. Additionally,
the commission directed staff not to include certain amendments. This agenda item and the attachments
reflect the policy decisions made by the Commission at the January 7th Worksession.
Attached please find the following documents relating to the proposed amendments to the Community
Development Code:
. Ordinance No. 6928-02.
. The staff report, which details the most noteworthy proposed amendments, and the review criteria required
for text amendments.
. A comprehensive listing of all proposed amendments.
Reviewed Originating Department: Costs: Commission Action:
by:
Legal Planning () o Approved
Budget NfA Gina L. Claytor1::1 Total o Approved with
Conditions
Purchasing NfA User Departmenw o Denied
Risk Mgmt. NfA Planning Current Fiscal Year 0 Continued to:
IS NfA Funding Source:
ACM NfA o Capital Improvement:
Other NfA Advertised: 0 Operating:
Date: 0 Other: Attachments:
Paper: Planning Dept. Staff Report
Submitted 0 Not Required Appropriation Code Ordinance No.6928-02
by: Comprehensive List of
Code Amendments
Affected Parties
0 Notified
City Manager 0 Not Required o None
o Printed on recycled paper
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The ordinance has been submitted to the Pinellas Planning Council (PPC) for a consistency review and the
Community Development Board (CDB) will review the proposed amendments at its regularly scheduled
meeting on February 19, 2002. The Planning Department will report the recommendations of the PPC and the
CDB at the City Commission meeting.
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CDB Meeting Date: February 19, 2002
Case: T A 02-01-01
Agenda Item: C6
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT
TEXT AMENDMENTS
REQUEST:
Amendments to the Community Development Code as a Result
of the Annual Review - Ordinance No. 6928-02.
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
Since the passage of the new Community Development Code in 1999, the Planning
Department has been charged with reviewing the Code on an annual basis to determine if
any additions, deletions, or revisions are needed to improve the administration of the
Code or regulations imposed. Over the past year, the Planning Department has been
compiling a list of issues associated with the Code. Suggested amendments have been
collected from various departments including Planning, Development Services and Parks
and Recreation, as well as the City Commission, Community Development Board and
citizens. During this code update process, staff has met with numerous groups to solicit
input on the update including the Clearwater Coalition of Homeowners Association, the
Government Affairs Committee of the Chamber of Commerce, the Main Street Design
and Economic Committees, the Environmental Advisory Board, the Pinellas Suncoast
Association of Realtors, the Clearwater Beach Chamber of Commerce, the Downtown
Development Board and the Marine Advisory Board. Additionally, the Planning
Department held a public workshop at the Harborview to seek comments and suggestions
and answer questions.
ANALYSIS:
The Planning Department is recommending a number of amendments to the Community
Development Code. Of those, approximately twenty (20) can be considered a change in
current policy or a new policy issue. The remaining amendments are editorial in nature,
provide additional flexibility criteria, or are refinements to existing provisions.
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Please find below a summary of the most noteworthy proposed amendments organized by
Article. Attached please find a comprehensive listing of all proposed amendments.
Amendments in the list are organized by number, by Code section number and include a
brief summary of the amendment. Also attached is Ordinance No. 6928-02 which
includes all of the specific amendments. The section number of each amendment in the
ordinance corresponds to the number in the comprehensive list. Text that is underlined
indicates proposed language and text containing strikethroughs indicate deletions.
Article 2 - Zoninl! Districts
· Accessory Structures (Pages 5, 6, and 7 of Ordinance)
The Planning Department is proposing to revise the diagrams illustrating setback
requirements in all residential zoning districts by renaming accessory uses to
accessory structures and eliminating reduced setbacks specifically for accessory
structures in the front setback. The amendment also replaces references to accessory
swimming pools with accessory structures.
· Social and Community Center (Pages 8, 9, 11, 17, 19, 21-22, 26, and 28 of
Ordinance)
The Planning Department is proposing to expand the locations in which social and
community centers are permitted. At present, these centers are only allowed in the
Institutional District; however, many existing centers are located in other zoning
district. The proposed amendment would allow these uses as minimum standard and
flexible standard development in the Downtown, Tourist and Commercial Districts.
This proposed amendment will bring many of theses facilities into conformity with
the Code.
· Marina and Marina Facilities (Pages 7-10, 12-14, 16, 17, 19,22,25-27, and 29-30
of Ordinance)
Recent revisions to the dock provisions (Ordinance 6795-01) require all commercial
docks to be approved by the Community Development Board. Marinas and marina
facilities are commercial docks, however, they are permitted as minimum standard
and flexible standard uses in the Commercial, Tourist, Downtown and Institutional
Districts. To be consistent with recently approved dock provisions, the Planning
Department is proposing amendments that would permit marinas and marina facilities
only through a flexible development approval process (Community Development
Board approval.) The amendment further requires marina/marina facilities to comply
with the commercial dock standards, as well a general marina standards established in
Article 3, Development Standards.
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Article 3 - Development Standards
· Location of Watercrafts (Page 34 of Ordinance)
Davits are exempt from dock setback requirements and concern has been raised that
boats could possibly extend legally into adjacent properties. Trends indicate that the
size of boat used for personal purposes is increasing in size. The Planning Department
is proposing a provision that specifies that all watercraft must be contained with the
property lines as extended into the water.
· Deviations for Multi-Use Docks (Page 34 of Ordinance)
Deviation provisions are proposed for multi-use docks 500 square feet in size or
smaller consistent with the deviation procedures established for docks for single and
two family dwellings. These procedures would allow deviations to be granted if the
adjacent property owners agree to the deviation. If they do not agree, the property
owner may petition for the deviation through a flexible standard review process. This
is consistent with the deviation procedures established for docks serving single family
and two family dwellings.
· Chain Link Fences (Pages 35-36 of Ordinance)
The Planning Department is proposing to prohibit chain link fences in the Downtown
District to be consistent with the design theme and character established in the
Downtown Design Guidelines.
· Vending Machines (Page 37 of Ordinance)
Due to the aesthetic concerns associated with vending machines, the Planning
Department is proposing to limit the number of vending machines that can be placed
outside of a building to two. The proposed amendment also prohibits signage on the
sides of vending machines and limits signage on the front of each machine to 35% of
the front area of the machine. These limitations are very similar to provisions
regulating newsracks.
· Tree Replacement Requirements (Pages 38-39 of Ordinance)
The Planning Department originally proposed a 25% tree replacement credit for
developed multi-family and commercial properties. After further research, the
Planning Department determined that a revision was made to the Code in 1999 that
allowed trees within required landscaped areas to be used as credit against tree
replacement requirements; however, this change was never codified. In light of this
allowable credit, the Planning Department is recommending an amendment giving the
Community Development Coordinator authority to waive tree replacement
requirements for exotics, other undesirable trees and those trees in declining health
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instead ofthe 25% replacement credit. This proposed provision, along with the credit
for required landscaping negates the problem of having sufficient space for required
tree replacements.
· Parking Demand Study (Page 40 of Ordinance)
The Planning Department is proposing a provision that requires a parking demand
study to be conducted if deviations from the parking requirements are proposed. The
amendment requires the methodology of such study to be in accordance with accepted
traffic engineering principles and approved by the Community Development
Coordinator. It also clarifies that the results of the study will determine whether or
not the reduction in parking can be approved.
· Maintenance of Rights-of-Way (Page 43 of Ordinance)
At the request of the Community Response Team, the property maintenance standards
are proposed to be expanded to prohibit the growth of shrubs and vegetation, in
addition to weeds or trash, within the right-of-way. This amendment requires the
abutting property owner to maintain all landscaping so that it does not protrude in to
the right-of-way and create safety hazards.
· Seawalls (Page 42-43 of Ordinance)
During the Island Estates neighborhood planning process, the issue of seawall
maintenance was discussed. Upon a review of the Community Development Code
and the Building Code, it was concluded there are no specific maintenance standards
for seawalls. Due to the importance of seawall maintenance, the Planning
Department is proposing a property maintenance standard for seawalls and a
provision declaring unsafe/un-maintained seawalls a nuisance.
· Abandoned Signs (Page 43 of Ordinance)
Abandoned signs that are determined to be nonconforming with the sign ordinance
are required to be removed after notice is given. This section of the code, however,
also permits in the alternative, the ability to use neutral sign panels to replace the sign
panels of an abandoned signs. The Planning Department is proposing to eliminate
this provision so that abandoned nonconforming signs must be removed.
· Sign Design Requirements (Page 45 of Ordinance)
The Planning Department is proposing a provision that requires all signs to be
architecturally integrated into the building and/or site by using similar and
coordinated design and style features, materials and colors.
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· Freestanding Signs at Elevated Intersections (Pages 45-46 of Ordinance)
The Planning Department is proposing to add a provision that permits freestanding
signs to project 14 feet in height above the crown of the road for properties fronting
on elevated intersections. This amendment is proposed to address identification
needs for properties with frontage along elevated overpasses along US 19 and
McMullen Booth Road. This issue has surfaced due to new elevated intersections
being planned for US 19. The old code had a similar provision permitting additional
sign height in these locations.
· Minimum Permitted Signage (Page 46 of Ordinance)
Recognizing that the current provision for attached and freestanding signage is very
limiting, the Planning Department is proposing to increase the absolute minimum
permitted sign area from ten (10) square feet to twenty (20) square feet in area.
· Comprehensive Sign Program (Pages 47-48 of Ordinance)
The Planning Department is proposing revisions to the Comprehensive Sign Program,
which will allow deviations from the minimum sign standards in terms of numbers of
signs and sign area. These amendments will permit an increase in the amount of
attached signage from 1 % of up to a maximum of 5% of the building fa9ade to which
the sign is attached. Freestanding signs will continue to be limited to two times the
total permitted sign area. The amendments also propose guidelines to be used when
determining the number and location of additional signage. Proposed criterion
focuses on site size, amount of frontage, access, traffic circulation, etc.
· Portable Storage Units (Page 49 of Ordinance)
The Planning Department is proposing to give the Community Development
Coordinator authority to approve the use of portable storage units in emergency
situation for duration of emergency repairs instead of only for four (4) days.
Article 4 - Development Review and Other Procedures
· Submittal Requirements (Page 49 of Ordinance)
The current code permits either a plat of record or a survey to be submitted with an
application of development approval. Because a plat of record does not include the
location of any buildings or structures and a survey does, the Planning Department is
proposing to delete the plat of record option.
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· Appeals Presented to Hearing Officer (Page 51 of Ordinance)
Typically appeals made to hearing officers are decided on the information that was
presented when the original decision was made. The current code does not specify
this; therefore, the City has been in positions where cases are being tried at the
hearing officer level. The Legal Department is proposing that the code be revised to
not allow discovery or depositions at the appeal, however, new witnesses may be
presented.
· Final Plat (Page 52 of Ordinance)
The Planning Department is proposing an amendment that specifies that no building
permits may be issued until evidence of final plat recordation has been submitted.
The Code currently requires this only upon issuance of a certificate of occupancy,
which occurs when building construction is completed.
· Transfer of Development Rights (Pages 53-54 of Ordinance)
To gain consistency with the Countywide Rules, the Planning Department is
proposing to add language to the transfer of development rights (TDRs) provisions
that specify that TDRs may only be used within approved Community
Redevelopment Areas or to protect architecturally significant structures, historic
structures or environmentally sensitive areas. Amendments also require the sending
site to meet all property maintenance standards prior to transferring development
rights and to require consent of the mortgage holders prior to approving any transfer.
An amendment also requires that there be a reasonable relationship between the
number of units transferred and any increases in building height.
Article 7 Enforcement Proceedings and Penalties
· Correction of Violation Prior to Hearing (Page 54 of Ordinance)
The Planning Department is proposing to delete the provision which allows
violations, if corrected prior to the hearing and not repeated within six months, to be
considered withdrawn. This amendment would ensure that repeat violators are
enforced upon according to stricter standards and greater fines.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
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Below please find a selected list of goals, policies, objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and encourage
infill development.
. Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing
development incentives such as density bonuses for significant lot consolidation
and/or catalytic projects, as well as the use of transfer of developments rights
pursuant to approved special area plans and redevelopment plan.
. Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the establishment of a
limited density pool of additional hotel rooms to be used in specified geographic
areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of
public rights-of-way when appropriate, transportation improvements, inter-beach and
intra-beach transit, transfer of development rights and the use of design guidelines,
pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines.
. Policy 2.1.3 - The area governed by Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines shall be recognized on the Countywide
Future Land Use map as a Community Redevelopment District. This area is bounded
on the north by the line dividing the block between Acacia Street and Somerset Street,
the Gulf of Mexico on the west, Clearwater Harbor on the east and the Sand Key
Bridge on the south, excluding Devon Avenue and Bayside Drive. Beachfront and
public property located adjacent to the Gulf of Mexico and the Intracoastal Waterway
with a Future Land Use designation of Recreation/Open Space shall be excluded from
the Community Redevelopment District.
. Policy 2.3.3 - The City of Clearwater shall continue to implement the Design
Guidelines, adopted in 1995, for all development within the Downtown District.
. Policy 3.2.1 - Land Uses on the Comprehensive Land Use Plan Map shall generally
be interpreted as indicated in the following table. The intensity standards listed in the
table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum
allowed for each plan category, except where otherwise permitted by special area
plans or redevelopment plan approved by the City Commission. Consequently,
individual zoning district, as established in the City's Community Development
Code, may have more stringent intensity standards than those listed in the table but
will not exceed the maximum allowable intensity of the plan category, unless
otherwise permitted by approved special area plans or redevelopment.
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. Objective 4.1 - All signage with the City of Clearwater shall be consistent with the
Clearwater sign code, as found in the Community Development Code, and all
proposed signs shall be evaluated to determine their effectiveness in reducing visual
clutter and in enhancing safety and attractiveness of the streetscape.
. Policy 4.1.1 - Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for highway
safety and to allow the identification of business locations.
. Objective 4.2 - All development and redevelopment initiatives within the City of
Clearwater shall meet the minimum landscaping/tree protection standards of the
Community Development Code in order to promote the preservation of existing tree
canopies, the expansion of that canopy, and the overall quality of development within
the City.
. Policy 22.2.7 - Transfer of development rights should be implemented to provide
alternatives to development and degradation of wetlands and other natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments include a broad range of regulations ranging from
permitted uses, numerical standards, flexibility criteria, procedures, enforcement and
definitions. The proposed amendments are consistent with the provisions of Section I-
103 that lists the purposes of the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
They also further the original redevelopment goals that established the Code. The
amendments permit certain uses in a wider range of zoning district. They also provide
more appropriate development standards regarding marinas, signage and tree replacement
requirements. They also strive to improve community aesthetics through the additional
regulation of sign design and the limitation of the number of vending machines allowed
outside of a building. In many instances the proposed amendments promote more site-
specific solutions. These solutions ultimately promote economic development and
maintain high standards for development, which are essential in a community undergoing
redevelopment.
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The Planning Department Staff recommends APPROVAL of Ordinance No. 6928-02
which makes revisions to the Community Development Code.
Prepared by: Gina L. ClaytonQrJ
ATTACHMENT:
List of Proposed Amendments to the Community Development Code
Proposed Ordinance No. 6928-02
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List of Community Development Code Issues
(Revised Draft 2/11/02 )
ARTICLE 1.
GENERAL PROVISIONS
Zoning District Boundaries
(J) Sec. 1-109 Zoning District Boundaries. Establish method for how zoning
districts are drawn i.e. to the centerline of right-of-way. (Pages 2-3
of Ordinance)
ARTICLE 2. ZONING DISTRICTS
District Use Categories Chart
(2) Sec. 2
Chart. Add title and section number to chart. Correct scrivener
errors in chart. Add social/public service agencies to "C", and "D"
Districts; add Neighborhood Conservation Overlay District to
chart; add Marinas and Marina facilities to the "C", "T", "D", and
"I" Districts. Delete Marina facilities from "0" Office District as
it is not allowed. [Pages 3-5 of Ordinance]
Division 1. Low Density Residential District
(3) Sec. 2-102
Minimum Standard Development Dia2rams. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 5 of
Ordinance]
Division 2. Low Medium Density Residential District
(4) Sec. 2-202
Pools and Screen Enclosures. Remove accessory "pools and screen
enclosures" from Table 2-202 "LMDR" District Minimum
Standard Development. These are already regulated as accessory
structures in the Minimum Standard Development Diagrams.
[Page 5 of Ordinance.]
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(5) Sec. 2-202
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Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Division 3. Medium Density Residential District
(6) Sec. 2-302
(7) Sec. 2-304.A
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Delete sign regulation for Assisted Living facilities. Sign
regulations are located in Article 3. [Page 6 of Ordinance]
Division 4. Medium High Density Residential District
(8) Sec. 2-402
(9) Sec. 2-403.A
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 6 of
Ordinance]
Delete sign regulation for Assisted Living facilities. Sign
regulations are located in Article 3 Division 18. [Page 6 of
Ordinance]
Division 5. High Density Residential District
(J 0) Sec. 2-502
(J 1) Sec. 2-503.A
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 6-7 of
Ordinance]
Delete sign regulation for Assisted Living facilities. Sign
regulations are located in Article 3 Division 18. [Page 6 of
Ordinance]
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Division 6. Mobile Home Park
(12) Sec. 2-602
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Page 7 of
Ordinance]
Division 7. Commercial District
(13) Table 2-702
(14) Sec. 2-703
(15) Sec. 2-703.H
(16) Sec. 2-703.M
(17) Sec. 2-703.N
(18) Sec. 2-703.P
(19) Sec. 2-703.Q
Revise Minimum Standard Development Table by deleteing
Marinas, adding Social and Community Centers and revising
parking standards for Vehicle Sales and Displays from 2.5
spaces/1 000 square feet of lot area to 2.5 spaces/lOOO square feet
of sales lot area. Fix typographical error regarding rear setback in I
retail sales and service from 120 feet to 20 feet. [Pages 7-8 of
Ordinance]
Revise Flexible Standard Development Standards Table by
deleting Marina Facilities, adding Social and Community
Center and revising parking standards for Vehicle Sales and
Displays from 2.5 spaces/1 000 square feet of lot area to 2.5
spaces/lOOO square feet of sales lot area. [Pages 8-9 of Ordinance]
Delete flexibility criteria for Marina Facilities. [Pages 9-10 of
Ordinance]
Outdoor Retail Sales and Service. Delete sign regulation for this
use because signs are regulated in Article 3 Division 18. [Page 10
of Ordinance]
Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Pages 10-11
of Ordinance]
Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 11 of Ordinance]
Social and Community Centers. Add flexibility criteria for
Social and Community Center. [Pages 11-12 of Ordinance]
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(20) Sec. 2-703.S.1 Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 12 of Ordinance]
(21) Table 2-704 Flexible Development Table. Add Marina Facilities. [Page 12
of Ordinance]
(22) Sec. 2-704.B Marina Facilities. Add flexibility criteria for Marina Facilities.
[Pages 13-14 of Ordinance]
(23) Sec. 2-704.G Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 14 of Ordinance]
(24) Sec. 2-704.1 Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Page 15 of
Ordinance]
(25) Sec. 2-704.K Problematic Uses. Delete sign regulation for this use because
signs are regulated in Article 3 Division 18. [Page 15 of
Ordinance]
(26) Sec. 2-704.L Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 15 of Ordinance]
Division 8. Tourist District
(27) Table 2-802
(28) Sec. 2-802.C
(29) Sec. 2-802.E
(30) Sec. 2-802.K
(31) Sec. 2-802.0
Flexible Standard Development Table. Delete Marinas and add
Social and Community Centers. [Page 15-17 of Ordinance]
Governmental Uses. Delete sign regulation for Governmental
Uses because signs are regulated in Article 3 Division 18. [Page
17 of Ordinance]
Marinas. Delete flexibility criteria for marinas. [Pages 17-18
of Ordinance]
Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Page 18 of
Ordinance]
Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 18 of Ordinance]
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(32) Sec. 2-802.R.l Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 18 of Ordinance]
(33) Sec. 2-802.R Social and Community Centers. Add flexibility criteria for this
use. [Page 19 of Ordinance]
(34) Sec. 2-803.A Alcoholic Beverages. Delete sign regulation for this use because
signs are regulated in Article 3 Division 18. [Page 19 of
Ordinance]
(35) Sec. 2-803.E Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. [Page 19 of Ordinance]
(36) Sec. 2-803.F Nightclubs. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 19 of Ordinance]
(37) Sec. 2-803.G Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 20 of Ordinance]
(38) Sec. 2-803.1
(39) Sec. 2-803.J
Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Page 20 of
Ordinance]
Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 20 of Ordinance]
Division 9. Downtown District
(40) Sec. 2-902
(41) Sec. 2-902.E
(42) Sec. 2-902.0
Flexible Standard Development Table. Add Indoor
Recreation/ Entertainment and Social and Community Centers
as flexible standard uses. [Pages 20-21 of Ordinance]
Indoor Recreation/Entertainment. Add flexibility criteria for this
use. [Page 21 of Ordinance]
Social and Community Centers. Add flexibility criteria for this
use. [Pages 21-22 ofOrdinance]1
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(43) Sec. 2-902.A
Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 22 of Ordinance]
(44) Sec. 2-903.H
Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. [Page 22 of Ordinance]
Division 10. Office District
(45) Sec. 2-1003.F Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 22 of Ordinance]
(46) Sec. 2-1003.M Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 22 of Ordinance]
(47) Sec. 2-1003.N Veterinary Office. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page 22-23 of Ordinance]
(48) Sec. 2-1004.C Medical Clinic. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page23 of Ordinance]
(49) Sec. 2-1004.E Nursing Homes. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page 23 of Ordinance]
(50) Sec. 2-1004.F Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18 and add flexibility criteria for
side and rear setback reductions. [Page 23 of Ordinance]
(51) Sec. 2-1004.H Retail Sales and Services. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Pages 23-
24 of Ordinance]
(52) Sec. 2-1004.1 TV/Radio Studios. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page 24 of Ordinance]
Division 12. Institutional District
(53) Sec. 2-1202
Minimum Development Standards Table. Delete Marinas as
minimum development use. [Pages 24- 25 of Ordinance]
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(54) Sec. 2-1203 Flexible Standard Development Standards Table. Delete
Marina Facilities and add Assisted Living Facilities, Nursing
Homes, Social Community Centers and Congregate Care as
flexible standard use. [Pages 25-26 of Ordinance]
(55) Sec. 2-1203.B Airport. Delete existing criteria and reference 1999 Airport Master
Plan study and permit short-term development projects identified
in the Plan as Flexible Standards Development and mid-term
development projects as Flexible Development projects. All
development at City's Airpark must relate to Airport Master Plan.
[Page 26 of Ordinance]
(56) Sec. 2-1203.F Marina and Marina Facilities. Delete flexibility criteria for
marina and marina facilities. [Pages 26- 27 of Ordinance]
(57) Sec. 2-1203 Flexibility Criteria. Add flexibility criteria for Assisted Living
Facilities, Nursing Homes, Social and Community Centers and
Congregate Care. [Pages 27-28 of Ordinance]
(58) Sec. 2-1203.N Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 29 of Ordinance]
(59) Sec. 2-1204 Flexible Development Table. Add Marina and Marina
Facilities as a flexible development use. [Page 29 of Ordinance]
(60) Sec. 2-1204.E Marinas and Marina Facilities. Add flexibility criteria for
marinas and marina facilities. [Pages 29-30 of Ordinance]
Division 13. IndustriaL Research. and Technology District
(61) Sec. 2-1303
Flexible Standard Development Table. Revise parking
requirements for Vehicle Sales and Display and Major Vehicle
Sales/Displays from 1.5/1 ,000 square feet of lot area to 1.5/1 ,000
square feet of lot sales area in Flexible Standard Development.
[Pages 30-32 of Ordinance]
(62)Sec.2-1303.P
Utility/Infrastructure Facilities. Remove flexibility criteria that
prohibits above ground utility structures that are located adjacent
to a street right-of-way. Continue to enforce setback requirements
as required. [Page 32 of Ordinance]
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Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(63) Sec. 2-1601 Coachman Ridge Table 2-1601(D) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) from table and place as footnote "(2) Community
Residential Homes (6 or fewer residents) shall be considered a
detached dwelling." [Pages 32-33 of Ordinance]
ARTICLE 3. DEVELOPMENT STANDARDS
Division 2. Accessory Use/Structure
(64) Sec. 3-201.BA Accessory Structures. Require that accessory structures be located
behind the front edge of the principal structure. This revision is in
conjunction with the deletions made to the minimum standard
development diagrams regarding accessory structures in the front
setback. [Page 33 of Ordinance]
(65) Sec. 3-201.B.I0 Accessory Structures. Add new proVISIOn requInng in-ground
pools 12 inches or less above grade to be considered as an
accessory structure and in-ground pools greater than 12 inches
above grade to be considered as principal structures. Renumber 3-
201.10 to 3-201.11 [Page 33-34 of Ordinance]
Division 6. Dock Marina Standards
(66) Sec. 3-601.C.1.a Docks. Boats typically extend about 4' beyond davits. By
allowing davits to be exempt from the setbacks, situations may
occur where a boat hangs over the extended property line into
another property. Add provision that boats must remain
within property boundary lines. [Page 34 of Ordinance]
(67) Sec. 3-601
Multi-Use Docks. Add variance provisions for multi-use docks
500 square feet or smaller. [Page 34 of Ordinance]
Division 7. Erosion and Siltation Control
(68) Sec. 3-702.B
Stabilization of Denuded Areas. Reduce current time frame that
allows construction sites to be left denuded from 60 days to 30
days after final grade is established. [Page 34 of Ordinance]
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Division 8. Fences and Walls
(69) Sec. 3-804.A
(70) Sec. 3-804.B
(71) Sec. 3-805
Front Setback. Replace "setback" with "of a principal structure"
so fence regulations pertain to the area between the structure and
the property line instead of the setback. [Page of 35 of Ordinance]
Side and Rear Setback Areas. Replace "in the required setbacks"
with "between the principal structure and any side or rear lot line.
This regulates fences between the structure and lot lines instead of
just in the setback. Add provision that permits fences in the "IRT"
District to be eight (8) feet in height. [Page 35 of Ordinance]
Chain Link Fences. Add new subsection "A" that prohibits
chain link fences in the Downtown District. Revise reference in
public and private recreational facilities subsection. [Pages 35-36
of Ordinance]
Division 9. General Applicability Standards
(72) Sec. 3-902.D
(73) Sec. 3-904
(74) Sec. 3-908.E
(75) Sec. 3-912.
(76) Sec. 3-915.C
(77) Sec. 3-916.C
Density Rounding. Add new provision that specifies that when
calculating lot area and/or density/intensity, these numbers cannot
be rounded up to the next whole number. [Page 36 of Ordinance]
Sight Visibility Triangle. Delete existing diagram and replace with
new simplified requirement that the visibility triangle is measures
twenty (20) feet back for the edge of the property line. [Page 36 of
Ordinance]
Roof Overhang. Add new provision specifying that roof overhangs
may extend 30 inches into required setback. [Page 36 of
Ordinance]
Outdoor Displav/Storage. Delete provision allowing goods and
materials to be stored in manner not visible from the public right-
of-way or adjacent properties. [Page 36 of Ordinance]
Uses Involving Vehicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas.
[Pages 36-37 of Ordinance]
Vendin2 Machines. Add new provision that limits the number
of vending machines that may be located outside and the
amount of sign age on each machine. [Page 37 of Ordinance]
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Division 12. Landscaping/Tree Protection
(78) Sec. 3-1202.B.l Minimum Plant Material Standards. Change requirements from
"Shade Tree 12' height, 4" caliper" to "Shade Tree 10', 2.5" in
caliper." Smaller trees adjust better than larger trees, use less water
to stabilize and are more readily available and less costly than
larger trees. [Pages 37-38 of Ordinance]
(79) Sec. 3-1202.C.l Irrigation. Require irrigation systems to be permanent. [Page 38 of
Ordinance]
(80) Sec. 3-1204.D Perimeter Buffers. Change perimeter buffer standards to require
the installation of concrete curbing "and" wheel stops. [Page 39 of
Ordinance]
(81)Sec. 3-1205.B.2.a Criteria for Issuance of Tree Permit. Expand criteria used to
evaluate tree removal permits to include "species, tree structure,
competition" in addition to disease, insect attack, danger of falling,
proximity to proposed structures and interference with utilities.
[Page 39 of Ordinance]
(82) Sec. 3-1205.D.3. Replacement of Protected Trees and Palms. Add provision that
gives the Community Development Coordinator authority to
exempt certain trees from replacement based on species,
health, hazards and other conditions. (This provision is
proposed instead of 25% credit for developed property discussed at
Commission Worksession - see staff report.) [Page 39 of
Ordinance]
(83) Sec. 3-1205.D
.5.g
Wavier of Replacement Trees' Specifications. Replace "City
Manager" with "Community Development Coordinator" and delete
"size". (Added after 1/7/02 Commission Workshop - deleted
"size" because amendments include provision reducing the
required size of trees from 4" in caliper to 2.5" in caliper) [Page
39 of Ordinance]
(84)Sec. 3-1205.D.5.hWaiver of Replacement Requirement. Add new provision giving
the Community Development Coordinator authority to exempt the
city from the tree replacement requirements for public utilities
projects. [Page 39 of Ordinance]
(85) Sec. 3-1205.F Proper Tree Care. Add new subsection specifying that it is
unlawful to use tree spikes or other devices which damage tissue of
protected trees." [Page 39 of Ordinance]
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Division 13. Outdoor Lighting
(86) Sec. 3-1302
Site Lighting. Remove reference to "parcel proposed for
development" throughout section and replace with "parcel of land"
to address existing lights on parcels. [Page 40 of Ordinance]
Division 14. Parking and Loading
(87) Sec. 3-1401.C Parkin2 Demand Study. Add provIsion that requires all
parking demand studies for reduced parking to be reviewed
and approved by the Community Development Coordinator.
[Page 40 of Ordinance]
(88) Sec. 3-1403.A Permanent Surface. Add "spaces" to this subsection so that all
parking areas are required to be paved. [Page 40 of Ordinance]
(89) Sec. 3-1403.B.l Grass Surface. Delete references to multi-family and non-
residential uses. [Page 40 of Ordinance]
(90) Sec. 3-1407.A.
.1.d
Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-1407.A.3. [Page
40 of Ordinance]
(91) Sec. 3-1407.A.2
Parking Restrictions in Residential Areas Within Setback Area
from Street Right-of-Way. Replace phrase "within any required
setback area from a street right-of-way" and replace "in front of
any portion of the principal structure." (Submitted by Dave
Campbell to address properties where the building is setback
greater than the required setback.) [Page 41 of Ordinance]
(92)Sec. 3-1407.A.2.d.Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-1407 .A.3. [Page
41 of Ordinance]
(93) Sec. 3-1407.AA Parking on the Grass. Give subsection title and add "to and parallel
after "adjacent" to better identify the location of the permitted
parking space on the grass. [Page 41 of Ordinance]
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(94) Sec. 3-1407.A.5 Grass Surface. Add new subsection entitled "Prohibition of
Parking on Unpaved Areas that states "No parking, displaying, or
storing of vehicles, trailers and/or boats shall be permitted on any
grass surface or other unpaved area zoned for any use unless
specifically authorized in this section." [Page 41 of Ordinance]
(95) Sec. 3-1407.B.2 LoadinglUnloadinglWashing of Vehicles. Revise time allowed
from loading, unloading or cleaning of vehicles from six hours to
twenty-four hours. (Added after 01-07-02 Commission
W orksession.) [Page 41 of Ordinance]
Division 15. Property Maintenance Standards
(96) Sec. 3-1502.C.3 Property Maintenance Requirements for Windows. Delete
"storefront" from this provision so that all ground level windows
facing a public right-of-way must be properly maintained. [Pages
41-42 of Ordinance]
(97) Sec. 3-1502.G.l Exterior Storage and Display for Residential Properties. Delete part
of section that states goods and materials may not be stored in a
manner visible from the public right-of-way or abutting property.
This change was also made in Section 3-912. [Page 42 of
Ordinance]
(98) Sec. 3-1502.G.3 Exterior Storage and Display for Residential Properties. Change
"may" to "shall" to clarify that materials are not permitted to be
stored outside. [Page 42 of Ordinance]
(99) Sec. 3-1502.K.4 Parking Surfaces. Add "and driveway" after "parking lot" to
require the maintenance of driveways. [Page 42 of Ordinance]
(100) Sec. 3-1502.L Seawalls. Add subsection "L" "Maintenance of seawalls.
Require seawalls to be maintained in a structurally sound and
safe condition, free of cracks and spalling." [Page 42 of
Ordinance]
(lOI)Sec. 3-1503.B.5 Nuisances. Change current wording "untended and/or unfenced
swimming pools" to "hazardous swimming pools." [Pages 42-43
of Ordinance]
(102)Sec. 3-1503.B.8 Nuisances (Ri2ht-of-Way Maintenance). Replace "weeds or
trash" with "weeds, shrubs, vegetation, trash, or any other
obstruction extend." This will require the removal of a wider
variety of debris from the sidewalks. [Page 43 of Ordinance]
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(103)Sec.3-1503.B.10 Nuisances (Right-of-Wav Maintenance). Add "or easement" after
"dedicated right-of-way." [Page 43 of Ordinance]
(104)Sec. 3-1503.B.13Nuisance (Seawalls). Add new subsection declaring un-
maintained seawalls as a nuisance. [Page 43 of Ordinance]
DIVISION 18 - SIGNS
(105) Sec. 3-1803.A Prohibited Si2ns - Abandoned Si2ns. Remove last sentence that
states "Alternatively, the sign panels within the abandoned
sign structure may be removed and replaced with sign panels
of neutral color and containing no message." [Page 43 of
Ordinance]
(106) Sec. 3-1803.D Prohibited Signs - Changeable CoPY. Change referenced section
from 3-1806.B.4. to 3-1806.B.5. [Page 43 of Ordinance]
(107) Sec. 3-1803.1 Prohibited Signs - Sandwich Boards. Added provision that
specifies that Sandwich Board signs are regulated under Section 3-
1806.B.7. [Page 44 of Ordinance]
(108) Sec. 3-1803.L Prohibited Signs- Signs on Public Land. Correct typographical
error- change "Manger" with "Manager." [Page 44 of Ordinance]
(109) Sec. 3-1803.Z. Prohibited Signs - Billboards. Add billboards to list of prohibited
signs. [Page 44 of Ordinance]
(110) Sec. 1804.D. General Provisions - Banners and Flags. Revise to permit banners
only as non-principal, freestanding signs and delete flags. [Page
44 of Ordinance]
(111) Sec. 3-1804.1 General Provisions - Temporarv Uses. Add cross-reference in sign
code to reference signage allowed for temporary uses in Section 3-
2103. [Page 44 of Ordinance]
(112) Sec. 3-1805.G. Signs Permitted Without a Permit - Flags. Revise to clarify when
the area of flags should be included in permitted attached/
freestanding sign area calculations (add provisions from the last
portion of 3-1804.D that was deleted) [Page 44 of Ordinance]
(113) Sec. 3-1805.K Signs Permitted Without a Permit - Directional Signs. Provide for
two directional signs per driveway, up to three feet high. Clarify
that directional signs exceeding 30" in height must be located
outside of the sight visibility triangle. [Page 45 of Ordinance]
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(114) Sec. 3-1805.S Signs Permitted Without a Permit - Sign Face Change. Replace
"sign message" with "sign panels." [Page 45ofOrdinance]
(115) Sec. 3-1806.B Permitted Signs Requiring Development Review - Non-Residential
~ Require architectural coordination for all signs and require
master sign program for shopping centers and office parks. [Page
45 of Ordinance]
(116)Sec.3-1806.B.1.a Non-residential - Freestandin2 Si2ns. Add that sign area is
measured from the road frontage which results in the greatest
square footage. [Page 45 of Ordinance]
(117) Sec. 3-1806.B. Non-Residential - Freestandin2 si2ns. Increase the minimum
l.c.m area of free-standing signs from 10 square feet to 20 square
feet. (Added After 01-07-02 Commission Worksession) [Pages
45-46 of Ordinance]
(118)Sec.3-1806.B.1.hNon-Residential Signs - Signs at Elevated Intersections. Permit
freestanding signs 14 feet above the crown of the road. [Page
45 of Ordinance]
(119) Sec. 3-1806.B.3 Non-Residential - Attached signs. Clarify calculations for attached
signage is based on the fa9ade of the building to which the sign is
to be attached. Increase the minimum area for attached signs to 20
square feet; add that signs for second story or above businesses in
the Downtown and Tourist District may be approved if they meet
all other criteria for attached signage. Expand current provisions
for multi-use buildings to require sign changes on buildings that
have signs of a like design to be evaluated based on likeness of
existing sign types. Changes to individual signs shall be reviewed
for compliance with established theme of surrounding signage.
Add new provision that specifies projecting signage is permitted in
the T and D Districts as attached signs and must be 8' above
sidewalks. [Page 46 of Ordinance]
(120)Sec. 3-1806.B.5 Non-Residential - Changeable COpy. Words missing. Change to
read "provided they are located on public property and serve"
within requirements. [Page 46 of Ordinance]
(121)Sec.3-1806.B.7 Non-Residential - Sandwich board signs. Add criteria including
number, size, placement, hours permitted and compliance with
downtown design guidelines. [Pages 46-47 of Ordinance]
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(122) Sec. 3-1807.B Permitted Signage through Comprehensive Sign Program. Strike
through entire section to reformat subsequent subsections. Add
information from previous paragraph and add sentence that
prohibited signs in Section 3-1803 are not eligible for the
comprehensive sign program. Add another subsection requiring
that all signs are to be reviewed under a comprehensive sign
program and there may be flexibility in reviewing master sign
programs for shopping centers/office parks. Interior site
directional signs may be permitted and up to six feet in height.
[Pages 47-48 of Ordinance]
(123)Sec.3-1807.C.1.bComprehensive Sign Program - Design Requirements. Require all
signs in a comprehensive sign program to be architecturally
integrated and coordinated. [Page 48 of Ordinance]
(124)Sec.3-1807.C.2. Comprehensive Sign Program - Freestanding Sign. Clarify that the
maximum height of freestanding signs under a comprehensive sign
program is 14 feet, depending on the design. [Page 48 of
Ordinance]
(125) Sec. 3-1807.C.4Comprehensive Si2n Pro2ram -Area of Si2n Faces. Clarify that
attached signs may be up to five percent of the building fa~ade
to which they are attached and that freestanding signs shall not
exceed two times the total area of sign faces permitted under
the minimum sign standards. (Revised after 01-07-02
Commission Worksession.) [Page 48 of Ordinance]
(126) Sec.3-1807.C.5.Add that the Community Development Coordinator will consider
many criteria when determining number and location of attached
and freestanding signs, including: overall site size, frontage,
access, visibility to site, intended traffic circulation pattern,
hierarchy of signage and submittal of a master sign plan. [Page 48
of Ordinance]
Division 21. Temporary Uses
(127) Sec. 3-2103.B.3 Portable Storage Units. Clarify that required sticker must reflect
the most recent delivery date. [Page 49 of Ordinance]
(128) Sec. 3-2103.B.3 Portable Stora2e Units. Add provision for Community
Development Coordinator to allow PODS in emergency
situation for duration of emergency repairs. [Page 49 of
Ordinance]
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ARTICLE 4. DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Division 2. General Procedures
(129) Sec. 4.202.A
Application for Development Approval. Deleted exception allowed
for fence permit applications. [Page 49 of Ordinance]
(130) Sec. 4-202.A.7
Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications." [Page 49 of Ordinance]
(131) Sec. 4-202.A.
ll.y.
Application for Development Approval. Add requirement that site
plan submittals must identify type and placement of all signage.
[Page 49 of Ordinance]
(132) Sec. 4-202.A.25 Application for Development Approval. Revise to require signed
and sealed survey for all proposed development. [Page 49 of
Ordinance]
(133) Sec. 4-206
Permitted Uses: Level One Chart. Remove "development" and
replace with "standard" on notice to adjacent property owners.
[Pages 49-50 of Ordinance]
(134)Sec. 4-206.C.2.e Public Hearings. Revise posting of sign requirements to only apply
for Level Three approvals. "For level three approvals
only.. .proposed for development." [Page 50 of Ordinance]
(135) Sec. 4-206.D.5 Public Hearings. Add provision to require that any expert witness
shall submit a resume for the record before and/or during the
public hearing. [Page 50 of Ordinance]
Division 5. Appeals
(136) Sec. 4-502.A. Application/notice of appeal. Change to applicant or property
owner within required notice area and who participated in the
Levell review. (Added after 01-07-02 Commission Worksession)
[Page 50 of Ordinance]
(137) Sec. 4-502.B. Application/notice of appeal. Add "and who participated in the
review and/or public hearing" for party status in appeal. (Added
after 01-07-02 Commission Worksession) [Page 50 of Ordinance]
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(138) Sec. 4-504.B. Community Development Board - Appeals. Clarify that if an
appeal is not removed from the consent agenda, the decision by the
Community Development Coordinator is confirmed as part of the
consent agenda, by a vote of the majority of the members of the
board. (Added after 01-07-02 Commission Worksession) [Pages
50-51 of Ordinance]
(139) Sec. 4-505.A Hearin2 Officer Appeals. Revise to clarify that no discovery or
depositions can occur during an appeal, however, new
witnesses may be presented. [Page 51 of Ordinance]
(140) Sec. 4-505.D Hearin2 Officer Appeals. Revise paragraph "D" to describe
the format of the Hearing Officer's final decision. [Page 51 of
Ordinance]
Division 6. Level Three Approvals
(141) Sec. 4-602.A Zoning Atlas Amendments. Delete all but last sentence. This was
moved to Section 1-109. [Pages 51-52 of Ordinance]
Division 7. Subdivisions!Plats
(142) Sec. 4-702 Required approvals. Remove last sentence of paragraph. [Page 52
of Ordinance]
(143) Sec. 4-708.C Recordin2 of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Change will require
plats to be recorded prior to building permit being issued.
[Page 52 of Ordinance]
Division 12. Tree Removal Permit
(144) Sec. 4-1202.A.4Removal Permit Application. Remove this requirement as it
duplicative as the signature on a removal permit application is a
Level 1 approval and conducted at that stage. Renumber remaining
sections. [Page 52 of Ordinance]
Division 13. Land Clearing and Grubbing
(145) Sec. 4-1301
Permit Required. Remove "except when. . .redevelopment project."
Section 3-1913.A requires a permit for removal of existing
structures. [Page 52 of Ordinance]
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Division 14. Transfer of Development Rights
(146) Sec. 4-1401 Transfer of Development Ri2hts. Add to Purpose and
authority section two (2) areas for TDR: TDRs may be used in
the following situations: (1) TDR is an extension of goals and
policies of Community Redevelopment Areas, (2) in the
protection of Architecturally Significant Structures, Historic
Structures, and Environmentally Sensitive Areas. [Page 53 of
Ordinance]
(147) Sec. 4-1402 Transfer of Development Ri2hts. Add prOVISIon to require
consent of mortgage holder with application for transfer of
development rights and require sending site to meet property
maintenance standards(submitted by City Commission.) [Page
53 of Ordinance]
(148) Sec. 4-1403.C Transfer of Development Ri2hts. Revise subsection 1. Add
provision which requires a reasonable relationship between the
number of units transferred and any increases in building
height. Also consider compatibility with surrounding area and
viability of the project. (Submitted by City Commission)
[Pages 53-54 of Ordinance]
(149) Sec. 4-1403.E Transfer of Development Ri2hts. Clarify that TDRs can only
be sent and received in a designated CRAs/CRDs or can be
used to protect historical or environmentally sensitive areas.
Also specify that TDRs sent from the mainland must remain on
the mainland and those sent on the barrier islands must
remain on the islands. These changes are consistent with the
Countywide Rules. [Page 54 of Ordinance]
ARTICLE 6. NONCONFORMING PROVISIONS
(150) Sec. 6-102.B Nonconforming Structures. Define permitted maintenance as it
relates to nonconforming structures. [Page 54 of Ordinance]
(151) Sec. 6-104.B Nonconforming Sign. Remove "changeable copy" from definition.
Change "non-conforming" to "nonconforming." [Page 54 of
Ordinance]
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ARTICLE 7. ENFORCEMENT
PENAL TIES
PROCEEDINGS
AND
(152) Sec. 7-102.C Correction of Violation. Repeal this Section to comply with State
Statutes and allow the board to review a case and take action for
record. [Page 54 of Ordinance]
ARTICLE 8. DEFINITIONS AND
CONSTRUCTION
RULES
OF
(153) Sec. 8-102
Accessory Structure. Add definition "4) is detached from principal
structure." [Page 55 of Ordinance]
Lot. Corner. Revise definition of "Lot, Corner" because it is
combined with "Lot, Double Frontage." Separate the two and place
Lot, Double in its own definition to correct scrivener error.JPage
55 of Ordinance]
Parcel of Land. Add: as determined by the Community
Development Coordinator. [Page 55 of Ordinance]
Repeat Violator. Add: "... violation of a provision of a code ill
person who has been previously..." [Page 55 of Ordinance]
.sign,. Add that except for banners, flags and temporary and
portable signs, all signs must be permanently affixed to, and/or
incorporated into, the sign cabinet, building wall or other base
material. All signs must be designed to be permanent. [Page 55 of
Ordinance]
Sign, Abandoned. Delete" or obsolete conforming" and add "sign
and/or structures" after reference to any sign. [Page 56 of
Ordinance]
Sign, Area. Add that attached signs are based on the smallest
geometric shape(s) around the graphic/text. For sign cabinets it is
based on the entire cabinet. [Page 56 of Ordinance]
Sign, Attached. Delete "mansard roof/walls" and add "projecting"
in the definition. [Page 56 of Ordinance]
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Si2n. Maintenance. Establish maximum amount of
improvements that can be made to nonconforming signs (50%
of the value of the structure). If improvements exceed
threshold, sign structure must be replaced with conforming
sign structure. [Page 56 ofOrdinanceJ
Sign, Portable. Add definition for sign, portable as follows: Sign,
portable means a sign, which is not permanently fixed to the
ground or a structure utilizing standard construction procedures,
and/or materials that will not deteriorate, or a sign that is
transported over or parked along or next to a public right of way.
[Page 56 ofOrdinanceJ
Sign, Vehicle. Revise definition to clarify that vehicle conducting
daily business are not violating code. (Added after 1/7/02
Commission Worksession) [Pages 56- 57 ofOrdinanceJ
Temporary Uses. Clarify that temporary sales must be related to
principal use sales. [Page 57 ofOrdinanceJ
Violator. Clarify definition of violator to Code Enforcement, quasi
- judicial or judicial process. [Page 57 ofOrdinanceJ
(154) Sec. 8-102
Sign, Directional. Replace graphic with better illustration of
directional sign. See Exhibit B. [Page 57 of Ordinance]
(155) Sec. 8-102
Sign, Freestanding. Replace graphic with better illustration of
freestanding sign. See Exhibit C. [Page 57 of Ordinance]
Bold indicates major policy issues.
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Revised after 01-07-02 Commission
Worksession & after ordinance preparation
s: IPlanning Departmentl2002 Code AmendmentslRevised Community Development Code Issues.doc
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ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
COMPREHENSIVE AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL
PROVISIONS BY ADDING A PROVISION REGARDING ZONING
DISTRICT BOUNDARIES; AMENDING ARTICLE 2, ZONING DISTRICTS,
BY REVISING THE MINIMUM STANDARD DEVELOPMENT
DIAGRAMS IN ALL RESIDENTIAL ZONING DISTRICTS; AMENDING
ARTICLE 2 ZONING DISTRICTS, BY ADDING, DELETING, AND/OR
REVISING USES, DIMENSIONAL, AND/OR FLEXIBILITY CRITERIA IN
THE LOW MEDIUM DENSITY RESIDENTIAL DISTRICT, COMMERCIAL
DISTRICT, TOURIST DISTRICT, OFFICE DISTRICT, INSTITUTIONAL
DISTRICT, INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICT,
AND THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, BY MAKING REVISIONS TO THE DEVELOPMENT
STANDARDS WITH REGARD TO ACCESSORY USE/STRUCTURES,
DOCK/MARINAS, EROSION AND SILTATION CONTROL, FENCES AND
WALLS, GENERAL APPLICABILITY STANDARDS, LAND S CAPING/
TREE PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING,
PROPERTY MAINTENANCE STANDARDS, SIGNS, AND TEMPORARY
USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO PROCESS APPLICATIONS
FOR DEVELOPMENT APPROVAL, APPEALS, SUBDIVISIONSIPLATS,
TREE REMOVAL PERMIT, LAND CLEARING AND GRUBBING, AND
TRANSFER OF DEVELOPMENT RIGHTS; AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN THE
NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE
7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY MAKING
CHANGES IN THE MUNICIPAL CODE ENFORCEMENT
BOARD/SPECIAL MASTER HEARING PROCEDURES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY
ADDING AND REVISING DEFINITIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21,
1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all zoning districts in all parts of the City and
which utilize Minimum Standard, Flexible Standard, and Flexible levels of review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standards, procedures, and zoning districts which need
amendment to more fully implement the redevelopment intent of the Code; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local
Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public
Ordinance No. 6928-02
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testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive
Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the Community
Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 1. General Provisions. Section 1-109. Zoning Atlas is hereby amended by
adding subsection 1-109. Zoning Atlas as follows:
Section 1-109. Zoning atlas.
A. The Zoning Atlas of the City of Clearwater consists of a map of the city.
published in the form of an atlas or book containing a title and summary
page and additional separate sheets. each covering a portion of the city.
depicting all real property within the city and designating the various
zoning districts and the boundaries thereof. The zoning atlas shall be in
sufficient detail so that property owners mav locate their properties with
respect to the zoning district boundary lines. The zoning atlas shall be
available for inspection and examination by members of the public at all
reasonable times as any other public record. The zoning atlas is not
included herein. but such atlas is on file and available for inspection in
the Planning Department.
B. Interpretation of district boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the zonmg atlas. the
following rules shall apply:
1. Delineation of boundaries. Zoning district boundaries are
shown as heavy lines upon the zoning atlas and are
superimposed upon lighter lines designating section lines.
fractional section lines. platted lot lines. streets. city limits and
other phvsically identifiable ground features or extensions of
same. unless other specific distances in feet or other angles.
bearings. radii and other references to a boundary location are
specified.
2. Boundaries in streets. Zoning district boundary lines when
located in streets or other public right-of-ways shall be
interpreted as located on the centerline of such rights-of-ways.
~ Interruvtion of boundary lines. Boundary lines which are
interrupted to show street names or other identification numbers
or letters upon the official zoning atlas shall be interpreted as
extending through such identifications unless otherwise
specified.
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Ordinance No. 6928-02
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4.
Shore. seawall or bulkhead lines. Zoning district boundary lines
shall be construed to follow such shore, seawall or bulkhead
lines, and in the event of change in the shore, seawall or
bulkhead lines, shall be construed as following the changed
shore, seawall or bulkhead line: boundaries indicated as
approximately following the center lines of streams, rivers,
canals, lakes or other bodies of water shall be construed to
follow such center lines.
~
Boundarv line unclear. When the exact location of a zoning
district boundary line is not clear, its location shall be
determined by the Community Development Coordinator using
the following criteria in order of importance: the appropriate
ordinance as passed by the City Commission: the Future Land
Use Plan (FLUP) boundary line: and historical development
patterns.
C. Zoning of annexed properties. Property annexed to the City shall be
rezoned through the city ordinances, the zoning classification which
most closely relates to the Pinellas County zoning classification, as
determined bv the Community Development Coordinator, in effect at the
time of such annexation and the City zoning atlas referred to in Section
1-109.A shall be amended or posted accordingly.
Section 2. Article 2. Zoning Districts, Section 2, District Use Chart is hereby amended as
follows:
Chart 2-100 Permitted Uses
Use Cate~ories LDR LMDR MDR MHDR HDR MHP C T D 0 I IRT OSR P CRNCOD
Residential
Detached dwellings X X X X X X X
\Attached dwellings X X X X X X
Accessory dwellings X X X X X X
Community residential X X X X X X X
homes
Mobile home X
Mobile home park X
Residential infill project X X X X X
Nonresidential
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal grooming and X X X
boarding
Assisted living facilities X X X X
Auto service stations X X
Cemeteries X
Comprehensive infill X X X X X X X
3
Ordinance No. 6928-02
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edevelopment project
I/CIRP)
Congregate care X X X X
Convention center X
IEducational facilities X X X X
1G0vernmental uses X X X X X
!Halfway houses X
/Hospitals X
IIndoor X X X
ecrea ti onl entertainment
Light assembly X
Limited vehicle sales/displa}' X X
Limited vehicle service X
Manufacturing X
Marinas X X X X X
Marinas facilities X X X ~ X
Medical clinic X X X X
Mixed use X X
Nightclubs, taverns and bars X X X X
lNon-residential parking X X X X
lNursing homes X X X X
Offices X X X X X X
Off-street parking X X
ppen space X
Outdoor X X X X X X
ecreationl entertainment
Outdoor retail sales, display X X
and/or storage
pvernight accommodations X X X X X X X X X
lParking garages and lots X X X X X X
tparks and recreation X X X X X X X X X X X X
facilities
laces of worship X X X X
IProblematic use X
ublic facility X X
lPublic transportation X X X X X X X X
facilities
IRe search and technology use X
Residential shelters X X X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yard X
Schools X X X X X X X
Self-storage warehouse X X
Sidewalk vendors X X
4
Ordinance No. 6928-02
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Social and community X X X X
centers
Social/public service X X X X X X
agencies
Irelecommunications towers X X X X X
h'V/radio studios X X
~ tility/infrastructure X X X X X X X X X X X X X X
facilities
Iv ehicle sales/displays X X
Iv ehicle sales/displays, maiO! X
Iv ehicle service X
Krehicle service, maior X
Veterinary offices X X X
Who lesale/ distributi on/ware X
house facility
Section 3. Article 2. Section 2-102 Low Density Residential District ("LDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to "Det
swimming pool" and replacing it with "accessory structures."
Section 4. Article 2. General Provisions, Table 2-202 "LMDR" District Minimum Standard
Development, is hereby amended as follows:
Table 2-202. "LMDR" District Minimum Standard Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft.) (ft.) Parking
(ft.)
Front Side Rear (1)
f~occssory .w
pools and
sereefl
cne10surcs
Community 5,000 50 25 5 15 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 15 30 2/unit
Dwellings
5
Ordinance No. 6928-02
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Section 5. Article 2. Section 2-202 Low Medium Density Residential District ("LMDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 6. Article 2. Section 2-302 Medium Density Residential District ("MDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 7. Article 2. Division 3. Medium Density Residential District. Section 2-304.A.
Assisted living facilities is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
J. No sign of any kind is designed or located so that any portion of
the sign is more than six feet above the finished grade of the front line of the
pareel proposed for deyelopment unless sueh signage is part of an approT/ed
eomprehensive sign program;
* * * *
Section 8. Article 2. Section 2-402 Medium High Density Residential District ("MHDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 9. Article 2. Division 4. Medium High Density Residential District ("MHDR").
Section 2-403.A. Assisted living facilities is hereby amended as follows and renumbering the subsequent
subsections as appropriate:
* * * *
3. No sign of any kind is designed or located so that any portion of the sign is more
than six feet aboye the finished grade of the front line of the pareel proposed for
deyelopment unless suoh signage is part of an approved eomprehensive sign
program;
* * * *
Section 10. Article 2. Section 2-502 High Density Residential District ("HDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 11. Article 2. Division 5. High Density Residential District ("HDR"). Section 2-503.A.
Assisted living facilities is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
6
Ordinance No. 6928-02
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~ No sign of any kind is designed or looated so that any portion of the sign is more
than six feet above the finished grade of the front line of the paroel proposed for
development unless suoh signage is part of an approved oomprehensive sign
program;
* * * *
Section 12. Article 2. Section 2-602 Mobile Home Park ("MHP") Minimum standard
development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the
diagram and revising "accessory uses" to "accessory structures" and deleting reference to "swimming
pool" and replacing it with "accessory structures."
Section 13. Article 2. Division 7. Commercial District, Section 2-702, Table 2-702 "c" District
Minimum Development Standards, is hereby amended as follows:
Table 2-702. "C" District Minimum Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.) (ft.) (ft.) Parking Spaces
(sq. ft.) (ft.)
Governmental Uses 10,000 100 25 25 10 20 4/1 ,000 SF GF A
(1)
Indoor Recreation/ 10,000 100 25 25 10 20 5/1000 SF
Entertainment GFA or
5/1ane, 2/court
or l/machine
Marinas ~ W U B .w ~ 1 spaoe per 2
slips
Offices 10,000 100 25 25 10 20 4/1,000 SF GFA
Overnight 40,000 200 25 25 10 20 1/unit
Accommodations
Parks and n/a n/a 25 25 10 20 1 per 20,000 SF
recreational land area or as
facilities determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Places of Worship 40,000 200 25 25 10 20 1 per 2 seats
Restaurants 10,000 100 25 25 10 20 15/1,000 SF
GFA
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Ordinance No. 6928-02
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Retail Sales and 10,000 100 25 25 10 ~ 5/1 ,000 SF GF A
Services 20
Social and 10,000 100 25 25 .ill 20 5/1.000 SF GF A
Community Centers
Vehicle 40,000 200 25 25 10 20 2.5/1,000 SF
Sales/Display LOT SALES
AREA
Section 14. Article 2. Division 7. Commercial District, Section 2-703, Table 2-703 "c" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-703. "C" District Flexible Standard Development Standard~
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft. )* (ft.) (ft.) Parking
(sq. ft.) (ft.)
[Accessory r;a n!a n!a nla n!a n!a 1 space per
Dwellings !unit
Adult Uses 5,000 50 25 125 10 20 5 per 1,000
GFA
Alcoholic 10,000 100 25 25 10 120 5 per 1,000
Beverage Sales IGFA
Automobile 10,000 100 25 25 10 20 5/1 ,000 SF
Service Stations GFA
Educational 40,000 200 25 25 10 20 1 per 2
lFacilities students
Governmental 10,000 100 25--50 25 10 120 4 spaces per
tuses (1) 1,000 GFA
Indoor Recreationl 10,000 100 125 25 10 20 3-5/1000 SF
Entertainment GFA
or 3- 5/1ane,
l-2/court or
lImachine
r . ~ . . . I,.. A("\(\ "lA AAA W ~ u fW ~ 1 __ "l
, ,v ~ t"'
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Ordinance No. 6928-02
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Medical clinics 10,000 100 25 ~5 10 20 ~-3/,1000
GFA
Nightclubs 10,000 100 25 ~5 10 20 10 per 1,000
iGFA
Offices 10,000 100 25--50 25 0--10 10--20 3--4 spaces
per 1,000 GF A
Off Street Parking 10,000 100 n/a ~5 10 20 n/a
Outdoor Retail "0,000 100 25 25 10 20 10 per 1,000
Sales, Display pf land area
and/or Storage
Overnight 20,000-40,000 150- 25--50 25 0--10 10--20 1 per unit
Accommodations ~OO
Places of Worship ')0,000-40,000 100- 25--50 25 10 20 .5-1 per 2
(2) 200 seats
Public n/a ~/a 10 n/a n/a n/a n/a
Transportation
Facilities (3)
Restaurants 5,000--10,000 50--100 25--35 25 0--10 10--20 7 --15 spaces
per 1,000 GFA
Retail Sales and 3,500--10,000 35-100 25-35 ')5 0--10 10--20 4--5 spaces per
Services 1,000 GFA
Social and 3 500--10 000 35-100 25-35 ~ !2::lQ 10--20 4--5 soaces per
Community Center 1.000 GFA
~tility n/a n/a 20 25 10 20 n/a
I/Infrastructure
Facilities (4)
Vehicle ~0,000--40,000 150-- )5 ~5 10 ~O 2.5 spaces per
Sales/Displays ')00 1,000 of lot
~ area
Veterinary Offices 10,000 100 25 25 10 ~O 14 spaces per
or Animal 1,000 GFA
Grooming and
Boarding
Section 15. Article 2. Division 7. Commercial District. Section 2-703 is hereby amended by
deleting flexible criteria for Marina Facilities re-lettering the subsequent subsections as appropriate:
* * * *
H. }.farina/acilities.
9
Ordinance No. 6928-02
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1. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a. The north end of Clear-vater Beaeh;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clear-vater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of ,^Jligator Lake.
2. No oommercial aotivities other than the mooring of boats on a rental
basis shall be permitted on any parcel of land which is contiguous to a
parcel of land '.",hich is designated as residential in the Zoning ,^.tlas,
unless the marina facility is totally sereened from vie','.' from the
contiguous land ','.'hieh is designated as residential and the hOlKs of
operation of the commercial aotivities are limited to the time period
between sunrise and sunset.
3. Let area: The parcel proposed for development \vas an existing lot of
less than 20,000 square feet and was not in oommon mvnership '.vith any
contiguous property on May 1, 1998 or the reduotion in lot width '.vill
not result in a facility whieh is out of scale \vith existing buildings in the
immediate vicinity of the parcel proposed for development.
* * * *
Section 16. Article 2. Division 7. Commercial District ("C"). Section 2-703.M. Outdoorretail
sales, display and/or storage is hereby amended as follows and renumbering the subsequent subsections
as appropriate:
* * * *
;h No sign of any kind is designed or located so that any portion of the sign is more
than six f-eet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an appro'ied comprehensive sign
program;
* * * *
Section 17. Article 2. Division 7. Commercial District ("C"). Section 2-703.N. Overnight
accommodations is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
10
Ordinance No. 6928-02
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4: No sign of any kind is designed or loaated so that any portion of the sign is more
than six feet above the finished grade of the front line of the parae! proposed f-or
development unless suoh signage is part of an approved oomprehensive sign
program;
* * * *
Section 18. Article 2. Division 7. Commercial District ("C"). Section 2-703.P. Restaurants is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
4: No sign of any kind is designed or looated so that allY portion of the sign is more
than six feet abo'/e the finished grade of the front line of the paroel proposed for
development unless suoh signage is part of an approved oomprehensiye sign
program;
* * * *
Section 19. Article 2. Division 7. Commercial District ("C"). Section 2-703. is hereby amended
by adding Social and Community Center and renumbering the subsequent subsections as appropriate:
Q. Social and Communitv Centers.
1. The parcel proposed for development does not abut any property
designated as residential in the Zoning Atlas.
2. Front Setback: The reduction in front setback results in an improved
site plan or improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is
necessary to preserve protected trees and/or results in an improved site
plan or more efficient design and appearance and results in landscaping
in excess of the minimum required.
4. Lot size and width: The parcel proposed for development was an
existing lot of less than 10,000 square feet and was not in common
ownership with any contiguous property on Mav L 1998.
5. Height:
a. The increased height results in an improved site plan,
landscaping areas in excess of the minimum required or
improved design and appearance;
b. The increased height will not reduce the vertical component of
the view from any contiguous residential property.
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Ordinance No. 6928-02
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6. Off-street oarking: The physical characteristics are such that the likelv
uses of the property will require fewer parking spaces per floor area than
otherwise required or that the use of significant portions of the buildin~
will be used for storage or other non-parking demand-generated
purposes.
Section 20. Article 2. Division 7. Commercial District, Section 2-703.S.Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsections as appropriate:
1. No above ground structures are located adjacent to a street right of way;
* * * *
Section 21. Article 2. Division 7. Commercial District. Section 2-704, Table 2-704 "C" District
Flexible Development Standards is hereby amended as follows:
Table 2-704. "C" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Front Side Rear Off-Street
(sq. ft.) Width Height (ft.) (ft.) (ft.) Parking
(ft.) (ft.)
Alcoholic beverage 5,000--10,00 50--100 25 15- - 25 0-10 10 --20 5 per 1,000 GFA
sales 0
Comprehensive nJa nla nla Nla nJa nJa Determined by the
Infi 11 Community
Redevelopment Development
Proj ect (l) Coordinator based
on the specific use
and/or ITE
Manual standards
Light assembly 5,000- 50--100 25 15--25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Limited vehicle 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
servIce 10,000 1,000 GFA
Marina Facilities 5,000--20,00 50 25 25 10 20 1 space per 2 slips
0
Mixed use 5,000- 50--100 25- 50 15--25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Nightclubs 5,000--10,00 50--100 25 15--25 0-10 10--20 10 per 1,000 GFA
0
Offices 5,000--10,00 50--100 25--50 15 --25 0-10 10--20 3--4 spaces per
0 1,000 GFA
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Ordinance No. 6928-02
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Off-street parking 10,000 100 nla 15-- 25 0-10 10-20 nla
Outdoor 20,000 100 25 15 --25 10 10--20 1--10 per 1,000
Recreationl SQ FT of land
Entertainment area or as
determined by the
Community
Development
Coordinator based
on ITE Manual
standards
Overnight 20,000- 100--200 25--50 15 --25 0-10 10--20 I per unit
Accommodations 40,000
Problematic Uses 5,000 50 25 15 --25 10 10- -20 5 spaces per 1,000
SF GFA
Restaurants 3500- 35--100 25--50 15 - -25 0-10 10--20 7 --15 spaces per
10,000 1,000 GFA
Retail sales and 5,000- 50--100 25--50 15 - -25 0-10 10--20 4--5 spaces per
serVIces 10,000 1,000 GFA
RV Parks 40,000 200 25 15 - -25 20 10--20 1 space per R V
space
Self Storage 20,000 100 25 15 --25 10 10---20 1--10 per 1,000
SQFT
of land area
Social/public 5,000- 50--100 25 -- 15--25 0-10 10--20 3-4 spaces per
service agencies(2) 10,000 50 1,000 GFA
Telecommunicatio 10,000 100 Refer 25 10 20 nla
n Towers to
Sectio
n 3-
2001
Vehicle 10,000- 100-200 25 15 --25 10 10--20 2.5 spaces per
sales/displays 40,000 1,000 SQ FT
of lot area
Veterinary offices 5,000--10,00 50--100 25 15 - -25 0-10 10--20 4 spaces per 1,000
or grooming and 0 GFA
boarding
Section 22. Article 2.Division 7. Commercial District. Section 2-704. Flexibility criteria is
hereby amended as follows and re-lettering the subsequent subsections as appropriate:
13
Ordinance No. 6928-02
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B. Marina facilities.
1. The parcel proposed for development is not located in areas identified in the
Comprehensive Plan as areas of environmental significance including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on anv parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas, unless the marina facility is totally
screened from view from the contiguous land which is designated as residential and the
hours of operation of the commercial activities are limited to the time period between
sunrise and sunset.
3. Lot area: The parcel proposed for development was an existing lot of less than
20.000 square feet and was not in common ownership with any contiguous property on
May 1. 1998 or the reduction in lot width will not result in a facility which is out of scale
with existing buildings in the immediate vicinity of the parcel proposed for development.
4. All Marina facilities shall complv with the commercial dock requirements set
forth in Section 3-601.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
* * * *
Section 23. Article 2. Division 7. Commercial District ("C"). Section 2-704.G. Offices is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~. No sign of any kind is designed or loaated so that any portion of the sign is more
than six feet above the finished grade of the front line of the parae! proposed for
development unless such signage is part of an approved comprehensive sign
program;
* * * *
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Ordinance No. 6928-02
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Section 24. Article 2. Division 7. Commercial District ("C"). Section 2-704.J. Overnight
accommodations is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
4: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed [-or
development unless such signage is part of an approved oomprehensive sign
program;
* * * *
Section 25. Article 2. Division 7. Commercial District ("C"). Section 2-704.K. Problematic
uses is hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
J. No sign of any kind is designed or looated so that any portion of the sign is more
than six feet aboT/e the finished grade of the front line of the paroel proposed for
development unless such signage is part of an approved comprehensive sign
program;
* * * *
Section 26. Article 2. Division 7. Commercial District ("C"). Section 2-704.L. Restaurants is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
4: No sign of any kind is designed or looated so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
deyelopment unless such signage is part of an approyed comprehensive sign
program;
* * * *
Section 27. Article 2. Division 8. Tourist District, Section 2-802, Table 2-802 "T" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-802. "T" District Flexible Standard Development Standards
Use Min. Min. Max. Min. Density Min.
Lot Lot Height Setbacks Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front I Side I Rear
15
Ordinance No. 6928-02
.
.
Accessory Dwellings nla nla nla nla nla nla 30 1/unit
units/
acre
Alcoholic Beverage 5,000 50 35 10--15 10 20 nla 5 per 1,000
Sales GFA
Attached Dwellings 10,000 100 35-50 10--15 10 10- 30 1.5 per unit
20 units/
acre
Governmental 10,000 100 35-50 10--15 0--10 10- nla 3 --4/1 ,000
Uses (1) 20 GFA
Indoor Recreationl 5,000 50 35- 0-15 0--10 20 nla 10 per 1,000
Entertainment 100 GFA
Marinas ~ W ~ B -W 2G Bfa 1 spacc pcr 2
&lips
Medical Clinic 10,000 100 30-50 10--15 10 20 20 2--3/1,000
GFA
Nightclubs 5,000 50 35 15 10 20 nla 10 per 1,000
GFA
Non-Residential Off- nla nla nla 25 5 10 n/a n/a
Street Parking
Offices 10,000 100 35-50 10--15 0--10 10- nla 3--4 spaces
20 per 1,000
GFA
Outdoor Recreation 5,000 50 35 10-15 10 20 nla 2.5 spaces per
/Entertainment 1,000 sq. ft. of
lot area or as
determined by
the
Community
Development
Director
based on ITE
manual
standards
Overnight 20,000 100--150 35-50 10-15 0--10 10- 40 1 per unit
Accommodations 20 rooms/
acre
Parking Garages and 20,000 100 50 15-25 10 10- nla nla
Lots 20
16
Ordinance No. 6928-02
.
.
Parks and Recreation nla nla 50 25 10 20 nla 1 per 20,000
facilities SF land area
or as
determined by
the
Community
Development
Coordinator
based on ITE
Manual
standards
Public nla nla 10 nla nla nla nla nla
Transportation
Facilities (2)
Sidewalk Vendors nla nla nla nla nla nla nla nla
Restaurants 5,000-- 50--100 25--35 10--15 0--10 10--20 nla 7 -15 spaces
10,000 per 1,000
GFA
Retail Sales and 5,000-- 50--100 35--50 10--15 0--10 10--20 nla 4--5 spaces
Services 10,000 per 1,000
GFA
Social and 5.000-- 50--100 35--50 10--15 0--10 10--20 nla 4--5 spaces
Community Center 10,000 per 1.000
GFA
Utility IInfrastructure nla nla nla 25 10 10 nla nla
Facilities (3)
Section 28. Article 2. Division 8. Tourist District ("T"). Section 2-802.C. Governmental uses
is hereby amended as follows and renumbering the subsequent subsections as appropriate:
;1. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
Section 29. Article 2. Division 8. Tourist District. Section 2-802. E. Marinas is hereby amended
as follows and re-lettering the subsequent subsections as appropriate.
E. Afaril'lEls.
I. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significanoe
including:
17
Ordinance No. 6928-02
.
.
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearv/ater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental
basis shall be permitted on any parcel of land 'Nhich is contiguous to a
parcel of land which is designated as residential in the Zoning 1^.tlas,
unless the marina facility is totally screened from vievl from the
contiguous land 'o'lhich is designated as residential and the hours of
operation of the commercial activities are limited to the time period
between 6:00 a.m. 9:00 p.m.;
3. The design of all buildings complies '.vith the Tourist District design
guidelines in Division 5 of j\r1:icle 3.
Section 30. Article 2. Division 8. Tourist District ("T"). Section 2-802.K.Overnight
accommodations IS hereby amended as follows and renumbering the subsequent subsections as
appropriate:
J..:. No sign of any kind is designed or located so that any portion of the sign
is more than six feet above the finished grade of the front line of the
parcel proposed for de'lelopment unless such signage is part of an
approved comprehensive sign program;
Section 31. Article 2. Division 8. Tourist District ("T"). Section 2-802.0.Retaurants is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
4., No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
Section 32. Article 2. Division 8. Tourist District, Section 2-802.R.l. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
R,.;S. Utility / infrastructure facilities.
1. No above ground structures are located adjacent to a street right of way;
* * * *
18
Ordinance No. 6928-02
.
.
Section 33. Article 2. Division 8. Tourist District. Section 2-802.R. Social and Community
Centers is hereby amended by adding the following subsection and re-lettering the subsequent
subsections as appropriate:
* * * *
R. Social and Community Center.
.L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
:L Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
****
Section 34. Article 2. Division 8. Tourist District ("T"). Section 2-803.A. Alcoholic beverages
is hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
J.. No sign of any kind is designed or located so that any portion of the sign is more
than six feet abo';e the finished grade of the front line of the parcel proposed for
deyelopment wiess suoh signage is part of an approved comprehensive sign
program;
****
Section 35. Article 2. Division 8. Tourist District. Section 2-803.E. Marina facilities is hereby
amended by adding subsection 2-803.E.5. as follows:
* * * *
5. All Marina facilities shall comply with the commercial dock requirements set forth
in Section 3-601.C.3 and the Marina and Marina facilities requirements set forth
section 3-603.
* * * *
Section 36. Article 2. Division 8. Tourist District ("T"). Section 2-803.F. Nightclubs is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
J.. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the paroel proposed for
development unless such signage is part of an approved comprehensive sign
program;
19
Ordinance No. 6928-02
.
.
Section 37. Article 2. Division 8. Tourist District ("T"). Section 2-803.G. Offices is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
2,. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the pared proposed for
development unless such signage is part of an approved comprehensive sign
program;
Section 38. Article 2. Division 8. Tourist District ("T"). Section 2-803.1. Overnight
Accommodations IS hereby amended as follows and renumbering the subsequent subsections as
appropriate:
;. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
Section 39. Article 2. Division 8. Tourist District ("T"). Section 2-803.J. Restaurants is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
4,. No sign of any kind is designed or located so that any portion of the sign is more
than six feet abo'/e the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved oomprehensi'/e sign
program;
Section 40. Article 2. Division 9. Downtown District, Section 2-902, Table 2-902 "D" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Min.
Height Off-Street
(ft.) Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GF A
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30 - 50 3 - 5 per 1,000 GFA
Facility
Nightclubs 30-50 3--10 per 1,000 GFA
Offices 30-50 1--3 per 1,000 GFA
20
Ordinance No. 6928-02
.
.
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 nla
Parks and recreation facilities 50 I per 20,000 SF land area or as
determined by the Community
Development Coordinator based
on ITE Manual standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 nla
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GFA
Social and Community Centers 30-50 2--4 per 1,000 GFA
Sidewalk Vendors n/a nla
Utility/Infrastructure Facilities nla nla
Section 41. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard development is
hereby amended by adding the following subsection and re-lettering the subsequent subsections as
appropriate:
E. Indoor RecreationlEntertainment Facility.
L The parcel proposed for development does not abut anv property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
1, Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 42. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard
development is hereby amended by adding the following subsection and re-lettering the subsequent
subsections as appropriate:
O. Social and Community Centers.
L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
21
Ordinance No. 6928-02
.
.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
.;1 Side and rear setback: The reduction in side and/or rear setback is necessarv to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 43. Article 2. Division 9. Downtown District, Section 2-902.0. Utility/infrastructure
facilities is hereby amended by deleting section in its entirety and re-lettering the subsequent subsections
as appropriate:
h No above ground struotures are located adjaaent to a street right of ':lay;
Section 44. Article 2. Division 9. Downtown District. Section 2-903.H. Marina and marina
facilities is hereby amended as follows:
4. All Marina facilities shall complv with the commercial dock
requirements set forth in Section 3-601.C.3 and the Marina and Marina
facilities requirements set forth section 3-603.
Section 45. Article 2. Division 10. Office District ("0"). Section 2-1003.F. Offices is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
~. No sign of any kind is designed or loaated so that any portion of the sign
is more than six feet above the finished grade of the front line of the
paroel proposed for development unless suoh signage is part of an
approved comprehensive sign program;
Section 46. Article 2. Division 10. Office District, Section 2-1003 .M. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
h No abo'lc ground structures are located adjaoent to a street right of way;
Section 47. Article 2. Division 10. Office District ("0"). Section 2-1003.L. Veterinary offices
is hereby amended as follows and renumbering the subsequent subsections as appropriate:
b N. Veterinary offices.
1. All buildings are designed and located so that no building is closer than
100 feet from a parcel of land which is designated as residential in the
Zoning Atlas or is used for residential purposes;
~ No sign of any kind is designed or located so that any portion of the
sign is more than six feet aboye the finished grade of the front lot line
of the parael proposed for development unless such signage is a part of
an approved comprehensiye sign program.
3-,b. The use of the parcel proposed for development will not involve direct,
exclusive access to a major arterial street.
* * * *
22
Ordinance No. 6928-02
.
.
Section 48. Article 2. Division 10. Office District ("0"). Section 2-1004.C. Medical clinic is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
4. No sign of any kind is designed or located so that any portion of the sign. is more
than six feet above the finished grade of the front line of the paroel proposed f-or
development unless suoh signage is part of an approved oomprehensiye sign
program;
* * * *
Section 49. Article 2. Division 10. Office District ("0"). Section 2-1004.E. Nursing homes is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
3. No sign of any kiAd is designed or located so that any portioA of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensi','e sign
program;
* * * *
Section 50. Article 2. Division 10. Office District ("0"). Section 2-1004.F. Offices is hereby
amended as follows:
* * * *
2. No sign of any kind is designed or located so that any portion of the sign is more
than six feet aboye the finished grade of the front line of the parcel proposed for development
lH11ess such signage is part of an approved comprehensive sign program Side and rear setbacks:
a. The reduction in side and rear setback does not prevent access to the rear of
anv building bv emergency vehicles and;
b. The reduction in side and rear setback results in an improved site plan, more
efficient parking or improved design and appearance and;
f..:. The reduction in side setback does not reduce the amount of landscaped area
otherwise required, unless mitigated through a comprehensive landscape
program.
* * * *
Section 51. Article 2. Division 10. Office District ("0"). Section 2-1 004.H. Retail sales and
services is hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
23
Ordinance No. 6928-02
.
.
3-:- No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed f-or
development lIDless suoh signage is part of an approved comprehensive sign
program;
* * * *
Section 52. Article 2. Division 10. Office District ("0"). Section 2-1004.J. TV radio studios is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ No sign of any kind is designed or located so that any portion of the sign is more
than six feet abo'/6 the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
* * * *
Section 53. Article 2. Division 12. Institutional District. Section 2-1202, Table 2-1202. "I"
District Minimum Development Standards is hereby amended as follows:
Table 2-1202. "I" District Minimum Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Off-Street
Area Width (ft.) Heigh Parking
(sq. ft.) (ft.) t
(ft.)
Front Side Rear
Assisted 20,000 100 25 10 20 50 1 per 1000, SF
Living GFA
Facilities
Cemeteries 20,000 100 25 10 20 50 n1a
Congregate 20,000 100 25 10 20 50 1 per 1000, SF
Care GFA
Educational 40,000 200 25 10 20 50 1 per 2
Facilities students
Governmental 20,000 100 25 10 20 50 4 per 1,000 SF
Uses GFA
Hospitals 5 acres 250 25 25 25 50 2/bed
24
Ordinance No. 6928-02
.
.
Marinas ~ W ~ ~ ~ ~ 1 space per 2
slips
Nursing 20,000 100 25 10 20 50 1 per 1000, SF
Homes GFA
Places of 20,000 100 25 10 20 50 1 per 2 seats
Worship
Parks and n/a nla 25 10 20 50 1 per 20,000
Recreation SF land area or
Facilities as determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Schools 40,000 200 25 10 20 50 Iper3
students
Section 54. Article 2. Division 12. Institutional District. Section 2-1203, Table 2-1203. "I"
District Flexible Standard Development Standards is hereby amended as follows:
Table 2-1203. "I" District Flexible Standard Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Heig Off-Street
Area Width (ft.) ht Parking
(sq. ft.) (ft.) (ft.)
Front Side Rear
Accessory nla nla nla nla n/a nla 1/unit
Dwellings
Airport nla nla n/a n/a nla n/a nla
Educational 40,000 200 15--25 10 15--20 50 .5--1 per 2 students
Facilities
Halfway Houses 10,000 100 15--25 10 15--20 30 1 per 2 residents
Hospitals 1--5 100- 15- -25 10--25 15- -25 50 1--2/bed
acres 250
Marina Facilities ~ W 15 25 ~ G-W ~ I per 2 slips
25
Ordinance No. 6928-02
.
.
Medical Clinic 20,000 100 15--25 10 15--20 30 5/1 000 SF
Outdoor 40,000 200 15--25 10 15--20 50 1--10/1,000
recreation/ SF Land Area or as
Entertainment determined by the
Community
Development
Coordinator based on
ITE Manual standards
Parking Garages 20,000 100 15--25 10 15--20 50 n/a
And Lots
Places of 20,000 100 15--25 10 15- -20 50 .5--1 per 2 seats
Worship
Public n/a n/a n/a n/a n/a 10 n/a
Transportation
Facilities
Residential 10,000 100 15--25 10 15--20 30 I per 2 residents
Shelters
Retail Sales and 10,000 100 15--25 10 15- -20 50 5 per 1,000 SF GFA
Service
Utility/ n/a n/a 15- -25 10 15- -20 n/a n/a
Infrastructure
Facilities (1)
Assisted Living 15,000- 100 25 ~ 10 30- 1 per 2 residents
Facilities 20,000 50
Nursing Homes 15,000 100- 25 ~ 11- 30- 1/1 ,000 sq. ft.
150 40
Social and 20,000 100 15-25 10 15-20 30- 4-5 per 1.000 GFA
Community 40
Center
Congregate Care 20,000 100 25 ~ 10 30- 1 per 2 residents
50
Section 55. Article 2. Division 12. Institutional District. Section 2-1203.B. is hereby amended as
follows:
B. Airport. The size and dimensional requirements of the parcel proposed for development shall
be based on an aviation study. All development activity identified in the 1999 Airport Master Plan study
as short-term development proiects shall be processed as Flexible Standard Development proiects, and all
mid-term development proiects shall be processed as Flexible Development proiects. All development
proiects at the City's Airpark must be consistent with the 1999 Master Plan.
Section 56. Article 2. Division 12. Institutional District. Section 2-1203. Marina and marina
facilities is hereby amended by deleting Marinas and marina facilities and re-lettering as appropriate:
* * * *
F. },{arinEJs and fntJrina facilities.
26
Ordinance No. 6928-02
. .
-h The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significanoe
inoluding:
a. The north end of Clearwater Beaoh;
b. Clear.vater Harbor grass beds;
o. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial acti';ities other than the mooriHg of boats on a rental basis shall
be permitted on any paroel of land v;hioh is contiguous to a paroel of land '.vhich
is designated as residential in the Zoning ,\tlas, unless the marina facility is
totally screened from vie'.v from the oontiguous land Ylhioh is designated as
residential and the hours of operation of the oommeroial aotivities are limited to
the time period bet'.veen sunrise and sunset;
3. Setbacks:
a. The reduotion in front setbaok oontributes to a more aotive and dynamio
street life;
b. The reduotion in front setbaok results III an improved site plan or
improved design and appearance;
o. Sidc and rcar sctback: The reduction in side and/or rear setbaok does
not prevent acoess to t rear of any building by emergenoy vehioles; The
reduotion in side and/or rear setbaok results in an impro'led site plan,
more effioient parking or improved design and appearanoe.
1. The use of the paroel proposed f-or development ,;,;ill not involve direot aooess to
an arterial street.
* * * *
Section 57. Article 2. Division 12. Institutional District. Section 2-1203, is hereby amended by
adding flexibility criteria for the following uses as follows:
N. Assisted living facilities.
I. The buildings in which the facilities are to be located do not have a flat roof;
2. Off-street parking is screened from adiacent parcels of land and anv adiacent
street by a landscaped wall or fence of at least four feet in height;
27
Ordinance No. 6928-02
.
.
3. All outdoor lighting is designed and located so that no light fixtures cast light
directly on to adiacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure;
5. The parcel proposed for development is not located in a designated
Neighborhood Conservation District, or if the parcel is within the boundaries of
a designated Neighborhood Conservation District, the lot area, lot width and
setbacks are not less than 90 percent of the average lot area, lot width and
setbacks of all improved parcels of land which are located within the
Neighborhood Conservation Immediate Vicinity Area and the height does not
exceed 120 percent of the average height of buildings and structures located
within the Neighborhood Conservation Immediate Vicinity Area.
O. Nursing homes
1. Off-street parking is screened from adiacent parcels of land and anv adiacent
street by a landscaped wall or fence of at least four feet in height;
2. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
P. Social and Community Centers
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas;
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance;
3. Side and rear setback; The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum
required.
O. Congregate care.
1. The buildings in which the use is to be located do not have a flat roof;
2. Off-street parking is screened from adiacent parcels of land and any adiacent
street bv a landscaped wall or fence of at least four feet in height;
3. All outdoor lighting is designed and located so that light fixtures do not cast light
directly on to adiacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
28
Ordinance No. 6928-02
.
.
Section 58. Article 2. Division 12. Institutional District, Section 2-1203.N. Utilitylinfrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
* * * *
h No above ground structures are located adjaoent to a street right of way;
Section 59. Article 2 Division 12. Institutional District. Section 1204. Table 2-1204 "I" District
Flexible Development is hereby amended as follows:
Table 2-1204. "I" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(Sq. ft.) (ft.)
Front Side Rear
Comprehensive n/a n/a n/a n/a n/a n/a Determined by
Infill the
Redevelopment Community
Project (1) Development
Director based
on the specific
use and! or ITE
Manual
standards
Marina and Marina 5,000 50 15--25 10--15 0--20 30 I per 2 slips
Facilities
Social and 20,000 100 15--25 10 15--20 30 4- -5 per 1000
community centers GFA
Social/public 10,000 - 100 15--25 10 15- -20 30 2 --3 per
service agencies 20,000 1,000 GFA
Telecommunication 10,000 100 25 10 20 Refer to n/a
Towers Section
3-2001
Section 60. Article 2. Division 12. Institution District. Section 2-1204. Flexibility criteria is
hereby amended as follows and re-lettering as appropriate:
* * * *
E. Marinas and marina facilities.
29
Ordinance No. 6928-02
.
.
1.
The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a.
The north end of Clearwater Beach;
b.
Clearwater Harbor grass beds;
c.
Cooper's Point;
d.
Clearwater Harbor spoil islands;
e.
Sand Kev Park;
f.
The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which
is designated as residential in the Zoning Atlas, unless the marina facility is
totallv screened from view from the contiguous land which is designated as
residential and the hours of operation of the commercial activities are limited to
the time period between sunrise and sunset:
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life:
b. The reduction in front setback results m an improved site plan or
improved design and appearance;
c. Side and rear setback: The reduction in side and/or rear setback does
not prevent access to t rear of any building by emergency vehicles: The
reduction in side and/or rear setback results in an improved site plan,
more efficient parking or improved design and appearance.
4. The use of the parcel proposed for development will not involve direct access to
an arterial street.
5. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
* * * *
Section 61. Article 2. Division 13. Industrial, Research, and Technology District. Section 2-
1303, is hereby amended as follows:
30
Ordinance No. 6928-02
.
.
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front * Side/
Rear
Automobile 20,000 100 20 15 30 4/1 000 SF GF A
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1 000 SF GF A
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor 40,000 200 20 15 30 1--10/1 ,000
Recreation SF Land Area or
/Entertainment as determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Outdoor Storage accessory n/a 20 15 30 Accessory
Parking lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1-2 per 1,000
GFA
Public n/a n/a n/a n/a 10 n/a
Transportation
Facilities (1)
Research and 10,000 100 20 15 50 2/1 ,000 SF GF A
Technology
Residential 5,000 50 20 15 30 3/1 ,000 SF GF A
Shelters (2)
Retail Sales and n/a n/a N/a n/a n/a n/a
Services
Restaurants n/a n/a N/a n/a n/a n/a
Self Storage 10,000 100 20 15 50 2/1000 SF
TV/Radio 10,000 100 20 15 50 4/1 000 SF GF A
Studios
31
Ordinance No. 6928-02
.
.
Utility/ n/a n!a 20 15 n!a n!a
Infrastructure
Facilities (3)
Vehicle 40,000 200 20 15 30 1.5/1,000
Sales/Displays SF Lot Area Lot
and Major Sales Area
Vehicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1 ,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1 ,000 SF GF A
Offices- or
Animal
Grooming
Wholesale/ 10,000 100 20 15 50 1.5/1 ,000 SF
Distribution! GFA
Warehouse
facility
Section 62. Article 2. Division 13. Industrial, Research and Technology District, Section 2-
1303.P. Utilitylinfrastructure facilities is hereby amended by deleting subsection as follows and re-
lettering the subsequent subsection as appropriate.
-h No above ground structures are located adjacent to a street right of '.yay;
Section 63. Article 2. Division 16. Coachman Ridge Neighborhood Conservation Overlay
District. Section 2-1601, Table 2-1601(D) "CRNCOD" Minimum Development is hereby amended as
follows:
Table 2-1601(D). "CRNCOD" Minimum Development
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-
Area Width (ft.) Height Street
(sq. ft.) (ft.) Parking
Front Side Rear Corner
Side
Yard (1)
32
Ordinance No. 6928-02
.
.
Property
with
underlying
zoning of
LDR:
Community ~ -lOO ~ ~ ~ ~ :W ~
Residential attaohed
Homes (6 or garage per
fewef dwelling
residents)
Detached 30,000 100 25 15 25 25 30 2 car
Dwellings attached
ill garage per
dwelling
Property
with
underlying
zoning of
LMDR:
Community ~ W ~ '+ .w W :W ~
Residential attaohed
Homes (6 or garage per
fewef d'tvelling
residents)
2 car
Detached 9,000 80 25 7 10 20 30 attached
Dwellings garage per
ill dwelling
(1) A comer side yard is the side yard of a comer lot that abuts a public right-of-way.
(2) Community Residential Homes (6 or fewer residents) shall be considered a detached
dwelling.
Section 64. Article 3. Division 2. Development Standards. Section 3-201.BA. is hereby amended
as follows:
4. The accessory use and structure is located on the same property as the principal
use and located behind the front edge of the principal structure.
Section 65. Article 3. Division 2. Development Standards. Section 3-201.B.10. is hereby added
as follows and renumbering the subsequent subsections as appropriate:
* * * *
33
Ordinance No. 6928-02
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.
10. In-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more
above grade shall be classified as a principal structure.
Section 66. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.1.a. IS hereby
amended as follows:
a. Setbacks. A dock shall be located in the center one-third of the lot or twenty
(20) feet from any property line as extended into the water, whichever is less,
unless the dock is proposed to be shared by adjoining properties whereupon the
dock may be constructed on the common property line provided that all other
standards of this division are met. Boatlifts and service catwalks shall be a
minimum of ten (10) feet from any property line extended into the water. Tie
poles shall be setback a minimum of one (1) foot from any extended property
line. Single pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the extended
property lines. All watercraft must be contained entire Iv within the extended
property lines.
Section 67. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.2. Multi-Use Docks.
is hereby amended as follows:
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium, cooperative
apartment, mobile home park or attached zero lot line development shall be
permitted as a Level One (minimum standard) use provided such dock is less
than 500 square feet in deck area and complies with the dimensional standards
set forth in Section 3-601(C)(3)(h). Deviations to the dimensional standards for
multi-use docks may be reviewed and approved in accordance with Section 3-
602 .C.1.g.
Section 68. Article 3. Division 7. Erosion and Siltation Control. Section 3-702.B. is hereby
amended as follows:
B. Stabilization of denuded areas. No disturbed area may be left denuded, and
every disturbed area must be covered by mulches such as straw, hay, filter fabric,
seed and mulch, sod or other approved material to the extent necessary to cover
otherwise denuded areas unless Community Development Coordinator
determines that the circumstances do not require such covering. Within eG 30
days after the final grade is established on any portion of a project site, that
portion of the site shall be provided with established permanent soil stabilization
measures according to the original construction plan, whether by impervious
surface or landscaping.
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Ordinance No. 6928-02
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.
Section 69. Article 3. Division 8. Fences and Walls. Section 3-804.A. is hereby amended as
follows:
A. Front setback. Walls and fences located in a front setback of a principal
structure shall be permitted to a maximum height of thirty-six (36) inches with
the following exceptions:
****
Section 70. Article 3. Division 8. Fences and Walls. Section 3-804.B. is hereby amended as
follows:
* * * *
B. Side and rear setback areas. Fences and walls shall be permitted to a maximum
height of six (6) feet in the required side and rear setbacks between the principal
structure and any side or rear lot line. Such fences may be permitted up to eight
(8) feet in height, however, if located in the Industrial. Research, and
Technologv District ("IRT").
* * * *
Section 71. Article 3. Division 8. Fences and Walls. Section 3-805. Chainlink fences is hereby
amended by adding provision to prohibit chainlink fences in the Downtown District and re-lettering the
subsequent subsections as appropriate:
Section 3-805. Chainlink fences.
The following requirements shall apply to chain link fences.
A. Chainlink fences are prohibited within the Downtown District.
A B Front setback. Chainlink fences shall not be permitted in the front yard setback
area. Chain link fences shall only be located on a parcel to the rear of the front
building line of the principal building, unless permitted pursuant to Section 3-
802(E) above.
/he. Side and rear setbacks. Chainlink fences located in a side or rear yard shall not
exceed forty-eight (48) inches or six (6) feet if clad with green or black vinyl. If
such side or rear yard is adjacent to a public right-of-way, however, such
chainlink fence shall not be permitted.
GD. Landscaping requirements. Chainlink fences which are not otherwise required
to be landscaped by Article 3 Division 12 shall be landscaped with a continuous
hedge or a nondeciduous robust growing vine at frequent intervals. Such
landscaping may be located on the external or internal side of the fence along the
entire length of the fence.
35
Ordinance No. 6928-02
1--
.
.
-1*E. Public or private recreational facilities. Chainlink fences for public or private
tennis courts, golf courses and driving ranges, athletic fields, play courts, batting
cages and other similar uses are exempt from height regulations contained in this
section and the location restriction of 3-805W Qll above.
* * * *
Section 72. Article 3. Division 9. General Applicability Standards. Section 3-902.
Comprehensive plan densities/intensities is hereby amended by adding the following subsection:
D. When calculating the lot area and/or densitv/intensitv of a property, the total of
either number shall not be rounded UP to the next whole number.
Section 73. Article 3. Division 9. General Applicability Standards. Section 3-904. Sight
visibility triangle is hereby amended by deleting sight triangle (arterials and collectors) diagram, and
deleting street and driveway title name on diagram. Deleting 10' from pavement edge or roadway (if no
sidewalk). Deleting 5' from back of sidewalk, and renaming right-of-way and driveways and inserting
new diagram that requires a 20 feet setback from the edge of the property line pursuant to Exhibit A.
Section 74. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended by adding subsection E as
follows:
* * * *
E. Roof overhangs shall be permitted to extend into required structural setbacks not
more than 30 inches.
Section 75. Article 3. Division 9. General Applicability Standards. Section 3-912. Outdoor
displays/storage is hereby amended as follows:
Section 3-912. Outdoor display/storage.
Unless otherwise expressly permitted in the zoning district in which the property
is located, the outdoor display and storage of goods and materials is prohibited.
,^Jl goods and materials shall be stored ifl a manner that is not visible from the
public right of way or from adjacent properties.
Section 76. Article 3. Division 9. General Applicability Standards. Section 3-915.C. Uses
involving vehicles is hereby amended as follows:
****
C. No repair of any vehicle is permitted in any residential zoning district unless
such repair is eitflef confined within a completely enclosed building and limited
to vehicle service involving vehicles owned by a person who resides at that
residence, however, minor vehicle repairs are permitted anywhere on the
36
Ordinance No. 6928-02
.
.
property. Under no circumstance shall such repair be conducted as a commercial
activity.
Section 77. Article 3. Division 9. General Applicability Standards. Section 3-916. Vending
machines is hereby amended as follows:
* * * *
C. No more than two (2) vending machines. per development site, shall be
permitted on properties outside of the building serving a principal use. Signage
allowed on vending machines shall be limited to 35 percent of the front face of
the vending machine. excluding the selection choices. The remaining front face
of the vending machine shall be of a similar color as the signage. No signage
shall be allowed other than on the front of the vending machine.
Section 78. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.B.1. Minimum
plant material standards is hereby amended as follows:
I. Minimum plant material standards:
PLANT SIZE QUALITY OTHER
(at installation) REQUIREMENTS
Shade Tree ~' ~ height Florida a. Use of live oak (City tree) is
4!!. 2.5" caliper Grade # 1 encouraged, however species
diversity is preferred over
monoculture.
b. Must be planted a minimum of
five feet from any impervious
area.
c. At least ten percent of the total
number of trees shall be of a
species which exhibits
conspicuous flowering.
Accent Tree 8' height Florida 2 accent trees = 1 shade tree;
2" caliper Grade # 1 unless overhead lines are
unavoidable; no more than 25% of
required trees may be accent trees.
37
Ordinance No. 6928-02
.
.
Palm Tree 10' clear and straight trunk. Florida Can be used to satisfy 75% of tree
Grade # 1 requirements on Beach, Sand Key
& Island Estates, 25% elsewhere
in the City. Staggered clusters of 3
palm trees = I shade tree, except
for specimen palm trees such as:
phoenix canariensis (canary island
date palm), phoenix dactylifera
(edible date palm) and phoenix
reclinata (senegal date palm),
which count as shade trees on a
1: I ratio.
Shrubs A.) 18-24" in height when used Florida
in a perimeter buffer - planted Grade # 1 Use of Hibiscus (City flower) is
every 36", (measured from the encouraged for non-required
center of the shrub) providing a landscape plantings, especially for
100% continuous hedge which accent marking at entrances and
will be 36", high and 80% other points of high visibility.
opaque 12 months from the time
a certificate of occupancy is
received (excluding drives and
visibility triangles where
applicable)
B.) 14-24" in height when used
for interior - planted every 30"-
36", respectively (measured
from the center of the shrub)
with a 3 gallon minimum
Ground Cover I gallon minimum - planted a Florida Encouraged in lieu of turf to
maximum of 24" a.c. Grade # 1 reduce irrigation needs.
Turf N/A Drought Turf areas should be consolidated
tolerant and limited to areas of pedestrian
varieties traffic, recreation and erosion
control.
Section 79. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.C. Irrigation is
hereby amended as follows:
1. For multifamily and nonresidential properties an automatic permanent irrigation
system providing complete water coverage for all required and other landscaping
materials shall be provided and maintained as a fully functioning system in order
to preserve the landscaping in a healthy growing condition.
38
Ordinance No. 6928-02
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.
Section 80. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1204.D. is hereby
amended as follows:
D. All landscaping required by this division must be protected from vehicular and
pedestrian traffic by the installation of concrete curbing, and wheel stops, or
other protective devices along the perimeter of any landscaping which adjoins
vehicular use areas or sidewalks. These protective devices shall have a minimum
height of six inches above grade.
Section 81. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.B.2. Tree
Protection is hereby amended as follows:
a. The condition and location of the protected tree or palm with respect to species.
tree structure. competition. disease, insect attack, danger of falling, proximity to
existing or proposed structures and interference with utility services.
Section 82. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D. Tree
Protection is hereby is amended as follows:
3. When the Community Development Coordinator determines that there is not
sufficient space available to replace the equivalent of all protected trees on-site
in accordance with these requirements, the remaining DBH deficit shall be met
by paying a fee of $48.00 per inch of DBH to the tree bank. The Community
Development Coordinator may determine that certain protected trees are not
required to be replaced based on certain criteria. including but not limited to.
species. health. hazards. or other conditions.
Section 83. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended as follows:
g. Waiver of replacement trees' specifications. The oity manager Community
Development Director may waive the characteristics, or species, ~ of the
replacement trees only if the applicant for development approval demonstrates to
the city manager Community Development Coordinator that such size is not
readily available in the market area and that the proposed landscaping treatment
with replacement trees is equal to or superior to the landscaping which would
have been provided with the larger trees.
Section 84. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended by adding subsection h as follows:
h. Waiver of Replacement Requirements for Public Utilities Pro;ects. The
Community Development Coordinator may exempt the city from the tree
replacement requirements solelv for public utilities projects.
Section 85. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205. Tree
Protection is hereby amended by adding subsection G as follows:
G. Protection of tree trunks. It shall be unlawful to use tree spikes or other devices that
damage tree trunk tissue of protected trees.
39
Ordinance No. 6928-02
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.
Section 86. Article 3. Division 13. Outdoor Lighting. Section 3-1302. is hereby amended as
follows:
Section 3-1302. Site lighting.
All outdoor lighting, other than outdoor recreational facility and street lighting, shall
comply with the following requirements:
A. Fixture-type. All light fixtures which are visible from the boundaries of the
parcel proposed for development of land, other than fixtures which are designed
and installed to illuminate a wall and are directed away from adjacent properties,
shall be cut-off lights where direct illumination is cut-off above 40 degrees
below horizontal.
B. Location. All outdoor light fixtures shall be located so that objects or land which
are located beyond the boundaries of the parcel proposed for development parcel
ofland are not illuminated to an extent of producing more than a diffuse shadow.
* * * *
Section 87. Article 3. Division 14. Parking and Loading. Section 3-1401. Parking is hereby
amended by adding subsection C. as follows:
C. Parking Demand Study.
1. Prior to the preparation of a parking demand studv, the methodology shall be
approved by the Community Development Coordinator and in accordance with
accepted traffic engineering principles. The findings of such a studv will be used
in determining whether or not deviations to the parking standards are approved.
Section 88. Article 3. Division 14. Parking and Loading. Section 3-1403.A. is hereby amended
as follows:
A. Permanent surface. Except as otherwise permitted in subsection (B) of this
section, all unenclosed parking lots, spaces, vehicular accessways and driveways
shall be improved with a permanent all-weather paving material which is graded
to drain stormwater.
Section 89. Article 3. Division 14. Parking and Loading. Section 3-1403.B.1. Grass surface is
hereby amended as follows:
1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass
or other unpaved area zoned for any multiple family or nonresidential use unless
specifically authorized in this section.
Section 90. Article 3. Division 14. Parking and Loading. Section 3-1407.A.1.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-lettering the subsequent
subsections as appropriate:
d. f.ny semi tractor trailer truck or cab;
40
Ordinance No. 6928-02
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Section 91. Article 3. Division 14. Parking and Loading. Section 3-1407.A.2. Parking
restrictions in residential areas is hereby amended as follows:
* * * *
2. Within sethaek ar-ca freH'l the street right of way. Between principal structure
and right-of-wav. The following vehicles shall not be parked or stored, in whole
or in part, within any required setback area from a street right of way between
any portion of the principal structure and any right-of-wav line in a residential
zoning district:
* * * *
Section 92. Article 3. Division 14. Parking and Loading. Section 3-1407 A.2.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-lettering the subsequent
subsections as appropriate:
d. Any semi tractor trailer truck or cab;
Section 93. Article 3. Division 14. Parking and Loading. Section 3-1407.AA. Parking
restrictions in residential areas is hereby amended as follows:
4. Exception to Prohibition of Parking on Unpaved Areas. One designated parking
space may be located on the grass in a required front setback adjacent to and
parallel to the driveway located on the property. Access to such designated
parking space shall be by way of the property's driveway. If the designated
parking space can not be maintained as a landscaped area and is either reported
by neighboring residents as a detrimental property or is identified by any code
inspector as is violation of this provision, such designated parking area shall be
filled in, by the property owner, with pavers, concrete, turf block, or other
approved suitable parking material.
Section 94. Article 3. Division 14. Parking and Loading. Section 3-1407.A. Parking restrictions
in residential areas is hereby amended by adding subsection 3-1407.A.5. as follows:
~ Parking on Unpaved Area Prohibited. No parking, displaying, or storing of
vehicles, trailers and/or boats shall be permitted on anv grass surface or other
unpaved area zoned for any use unless specifically authorized in this section.
Section 95. Article 3. Division 14. Parking and Loading. Section 3-1407.B.2 Parking restrictions
in residential areas is hereby amended as follows:
2. Loading, unloading, or cleaning of vehicles, but not including semitrailer trucks
or cabs, provided such activity is fully completed within s* twenty-four hours
and provided such activity does not occur at the same location more than two
times per month.
Section 96. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.C.3.
Property maintenance requirements is amended as follows:
41
Ordinance No. 6928-02
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.
3. Ground level storefront windows facing a public right-of-way shall be
maintained in an unbroken, and clean state. No window facing the public right-
of-way shall be permanently removed and enclosed, covered or boarded up
unless treated as an integral part of the building facade using wall materials and
window detailing comparable with any upper floors and the building facade in
general. All damaged or broken storefront windows shall be promptly restored,
repaired or replaced. All awnings or canopies facing or visible from the public
right-of-way shall be maintained in a good and attractive condition and tom,
loose and/or bleached awnings shall be promptly replaced, repaired or removed.
Section 97. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.G.1.
Property maintenance requirements is amended as follows:
1. As provided in section 3-912 of this development code, outdoor storage is
prohibited nor may goods and materials be stored in any manner 'lIhich is visible
from the public right of way or from abutting properties.
Section 98. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.G.3.
Exterior storage and display for residential properties is amended as follows:
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, may shall not
be stored outdoors on a residentially zoned property.
Section 99. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.KA. Public
rights-of-way and sidewalks and parking surfaces is amended as follows:
4. Parking lot and driveway surfaces shall be maintained in a safe and clean
condition by the owner of the parcel of land. The owner shall, at a minimum,
keep such surface free of pot holes, litter, trash, debris, equipment, weeds, dead
vegetation and refuse and shall promptly repair cracked or heaved parking lot
surfaces.
Section 100. Article 3. Division 15. Property Maintenance Standards. Section 3-1502. Property
maintenance requirements is amended by adding subsection L. as follows:
L. Maintenance of seawalls.
L All seawalls shall be maintained in a structurallv sound and safe condition
that is free of cracks and spalling.
Section 101. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.5. is
hereby amended as follows:
5. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth
of vegetation, or undergrowth of dead or living vegetation or untended and/or
unfenoed swimming pools hazardous swimming pools, or hazardous trees upon
any property to the extent and manner that such property contains or is likely to
contain rodents, reptiles or other vermin, or furnishes a breeding place for flies,
42
Ordinance No. 6928-02
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mosquitoes, or wood-destroying insects, or otherwise threatens the public health,
safety or welfare.
Section 102. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.8. is
hereby amended as follows:
8. The lack of maintenance by a property owner of property abutting any dedicated
right-of-way in the City in a condition such that v/eeds or trash weeds, shrubs,
vegetation, trash, or anv other obstructions are found in and on the right-of-way
or such that the 'Needs or trash weeds, shrubs, vegetation, trash, or any other
accumulation extend over the sidewalk, bicycle path, curb line or edge of
pavement of an improved right-of-way by more than four inches (4").
Section 103. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.10. is
hereby amended as follows:
10. The lack of maintenance by a property owner abutting any dedicated right-of-
way or easement in the City where a height clearance ofless than eight feet (8')
from the sidewalk pavement measured vertically from the pavement surface is
maintained, unless an exception has been granted by the Urban Forester.
Section 104. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.
Nuisances is hereby amended by adding subsection 3-1503.B.13. Seawalls as follows:
~ Seawalls. Any seawall that is structurally unsound and/or unsafe that
contains cracks and/or spalling.
Section 105. Article 3. Division 18. Prohibited Signs. Section 3-1803.A. Abandoned Signs is
hereby amended as follows:
A. Abandoned signs and/or sign structures which are determined to be
nonconforming with the provisions of this division shall be required to be
removed by the property owner within 30 days after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required. Altemativelv, the sign panels within the abandoned sign structure may
be removed and replaced with sign panels of neutral color and containing: no
message.
Section 106. Article 3. Division 18. Prohibited Signs. Section 3-1803.D. is hereby amended as
follows:
D. Except as provided in section 3 1806 (B)(1) 3-1806 (B)(5), changeable message
signs, except menu and time and temperature signs, on which the message
changes more rapidly than once every six hours.
43
Ordinance No. 6928-02
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Section 107. Article 3. Division 18. Prohibited Signs. Section 3-1803.1. is hereby amended as
follows:
1. Sandwich boards signs, except in the Downtown District, as regulated under
Section 3-1806 B. 7
Section 108. Article 3. Division 18. Prohibited Signs. Section 3-1803.L. is hereby amended by
as follows:
L. Signs located on publicly owned land or easements or inside street rights-of-way,
except signs required or erected by permission of the City Manger Manager or
City Commission, signs or transit shelters erected pursuant to Section 3-2203,
and sandwich board signs to the extent permitted in the Downtown District.
Prohibited signs shall include but shall not be limited to handbills, posters,
advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks.
Section 109. Article 3. Division 18. Prohibited Signs. Section 3-1803. Prohibited Signs is
hereby amended by adding subsection 3-1803.Z. Billboards as follows:
Z. Billboards.
Section 110. Article 3. Division 18. General Standards. Section 3-1804.D Banners and Flags is
hereby amended as follows:
D. Banners and Flags. .^. banner or flag Banners may be used as a permitted
freestanding or attaehed sign~ and, if so used, the area of the banner or flag shall
be included in, and limited by, the computation of allowable area for
freestanding and attached signs on the property. Banners shall not be used as
principal signage.
Section 111. Article 3. Division 18. Section 3-1804. General Standards is hereby amended by
adding new subsection I as follows:
L Signage for Temporary Uses. Signage for temporary uses is regulated under
Section 3-2103.
Section 112. Article 3. Division 18. Signs Permitted Without a Permit. Section 3-1805.G. is
hereby amended as follows:
G. One flag per detached dwelling unit, three additional flags per parcel of land
used for multifamily residential purposes, and three flags per parcel of land used
for non-residential purposes. Any additional flags will only be permitted
through the development review approval process and will be included in, and
limited bv, the computation of the allowable area for permitted freestanding
and/or attached signage on the property.
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Ordinance No. 6928-02
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Section 113. Article 3. Division 18. Signs Permitted Without Development Review Section 3-
1805.G. is hereby amended as follows:
GK. Two on-site directional ~ and traffic control signs per driveway of no more
than four square feet of sign face area, to a maximum height of three feet,
provided that business logos and/or lettering or other non traffie control symbols
do not exceed 25 percent of the sign face area. All directional signs exceeding
30 inches in height shall not be located within the required sight visibility
triangle.
Section 114. Article 3. Division 18. Signs Permitted Without Development Review. Section 3-
1805.S. is hereby amended as follows:
S. A change in a sign message panel on a previously approved, lawful sign.
Section 115. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Non-residential is hereby amended as follows:
B. Non-residential. All signs must be architecturally integrated into the design of
the building and/or site using similar and coordinated design and style features.
materials and colors, etc. Attached signs shall be horizontally and vertically
proportionatelv located on each facade with no protrusions above roof lines, over
windows, trim, cornices. or other building features. Master signage plans are
required for shopping centers and office parks or anv other master planned
developments where a substantial development or redevelopment is undertaken
or proposed. These will be reviewed as a Comprehensive Sign Program
application.
Section 116. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.l Freestanding Signs is hereby amended as follows:
a. One freestanding sign per parcel proposed for development with no more than
sign two sign faces. A parcel located at a corner may be permitted two signs,
one at each street frontage, provided that the maximum area of the sign faces of
the two signs shall not exceed the total maximum allowable area. Sign area is
measured from the road frontage which results in the greatest square footage.
Section 117. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.1.c. Area of Freestanding Signs is hereby amended as follows:
111. Sixty-four square feet; whichever is less. However, a minimum of ten 20 square
feet per parcel proposed for development shall be allowed.
Section 118. Article 3. Division 18. General Standards. Section 3-1806.B.1. is hereby amended
by adding subsection 3-1806.B.1. Freestanding signs at Elevated Intersections as follows:
h. Freestanding Signs at Elevated Intersections. Sites which front on an elevated
roadway (including US 19 and Mc Mullen Booth Road) having limited visibility are
permitted one freestanding sign to a maximum of 14 feet in height above the crown
45
Ordinance No. 6928-02
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.
of the road. as measured from a point on the roadwav that is perpendicular to the
sign location.
Section 119. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Attached Signs is hereby amended as follows:
3. Attached signs. The following signs shall be permitted in all non-residential
districts:
a. One attached sign per business establishment. The area of an attached
sign face shall not exceed:
1. One square foot per 100 square feet of the fa9ade of the building facing
the street frontage to which the sign is to be attached; or
11. Twenty-four square feet; whichever is less. However, a minimum often
twenty square feet per business establishment with a principal exterior
entrance shall be allowed. The Community Development Coordinator
may permit signs for second story or above businesses in the Downtown
and Tourist Districts if they meet all other criteria for attached signage.
b. Where individual building business establishments with exterior
entrances are located in a single building~ ef---ffi multiple multi-tenant
buildings '.vhich are attaohed, or as lJart of a business/office complex or
sholJlJing center, attached signs shall be designed according to a common
theme but be suffioiently different in including similar style, color,
material and other characteristics to provide a>reid a sense of uniformity
or sameness. Changes to individual tenant signage shall be reviewed for
compliance with the established or lJrojected theme of the development
site.
f:. Projecting signs mav be used as a type of attached sign in the Downtown
CD) and Tourist CT) districts. unless otherwise permitted by the
Community Development Cordinator. Thev shall be installed with a
minimum eight-foot clearance from the bottom of the sign to grade or
the sidewalk. Projecting signs shall complv with encroachment into
setback and rights-of-way Section 3-908.
Section 120. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B Changeable Copy is hereby amended as follows:
5. Changeable coPy signs. Changeable copy signs are permitted provided thev are
located on public property and serving serve a significant public purpose.
Section 121. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. is hereby amended by adding subsection Section 3-1806 B.7. as follows:
7. Sandwich board signs. Sandwich board signs. permitted only in the Downtown
District, are regulated as follows:
46
Ordinance No. 6928-02
"
.
1. The maximum oennitted number is one per busines~
2. The maximum ennitted area is seven s uare feet maximum
ennitted hei ht is 3.5 feet and maximum ennitted width is two
feet1
3. Si s shall be located dircct! io front of thc business for which it is
advertising;.
4. Si iacement and iocation shall not block edestrianlwheelchair
circulation nr create a site visibili hazard and shall not interfere
with street li hts street trees utili oles benches ram s fire
h drants or other struCtures and shall not reduce the width of a
sidewalk or travel route below the American's with Disabili Act
requiremen/s.
5.
6. Si s shall
Guidelines.
with the Downtown Desi
Section 122. Amc ie 3. Division I 8. Comprehensive Sign Program. Section 3 -1807.B. Pennitted
Signage is hereby amended as follows:
B. Permitted signage. &gn:ge ~~~:Z(}~cl:~ ~: 0:: comprehensiyc ~;i~ ~:~~:~
~2~=;=r~E:;:;~:?J~t=::
S~!:tl~:~;'~~~
~~~~::~~~~~:::. ~u~__..~__~_
L
2.
47
Ordinance No. 6928-02
.
.
complexes shall include all types of signs for all tenants/uses within the
development parcel. The Community Development Coordinator mav
allow for flexibility in reviewing the master sign plan if it results in a
substantially improved and comprehensive proposal. With a master sign
plan. the Community Development Coordinator may permit interior site
directional signs at a size and location(s) related to the development
proiect, with up to a maximum height of six feet.
Section 123. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C.1.
Flexibility Criteria Architectural Theme is hereby amended as follows:
b. The design, character, location and/or materials of all freestanding and attached the
signs proposed in a comprehensive sign program shall be demonstrably more
attractive than signs otherwise permitted on the parcel proposed for development
under the minimum signs standards. All signs must be architecturally integrated
into/with the design of the building and/or site using similar and coordinated design
features. materials and colors. etc.
Section 124. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C.
Flexibility Criteria is hereby amended as follows:
2. The maximum height of all freestanding signs proposed in a comprehensive sign
program is 14 feet, depending on the design of the sign provided hoy/ever that a
single attached sign with a sign face of no more than 12 square f-eet may be erected
up to the height of the building.
Section 125. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C Total Area
of Sign Faces is hereby amended as follows:
4. The total area of sign faces which are proposed as part of a comprehensive sign
program shall not exceed tvlO times the total area of sign faces permitted under the
minimum sign standards on the pareel proposed f-or development be regulated as
follows:
~ Attached signs - The maximum area permitted is UP to five percent of the
building facade to which the sign is to be attached.
ii. Freestanding signs - The maximum area permitted is two times the total area
of sign faces permitted under the minimum sign standards on the parcel
proposed for development.
Section 126. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. is hereby
amended by adding subsection 3-1807.C.5. Number and Location of Signs as follows:
~ When considering the number and location of freestanding and attached signs.
the Community Development Coordinator shall consider: overall size of site.
frontage. access and visibility to the site. intended traffic circulation pattern.
hierarchy of signage. and submittal of a master sign plan for the development
parcel/proi ect.
48
Ordinance No. 6928-02
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.
Section 127. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3.g. Portable storage
units is hereby amended as follows:
g. A sticker shall be affixed to all portable storage units indicating the most recent
delivery date, the date on which the portable storage unit is was delivered to a
property.
Section 128. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3. Portable storage units
is hereby amended by adding subsectionj. as follows:
1. The Community Development Coordinator may allow for portable storage units
in emergency situations for the duration of emergencv repairs.
Section 129. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. is
hereby amended as follows:
A. Basic information required for all applications. Ex.cept as provided in subsection
23 for fence permits, or unless otherwise inapplieable for the permit sought, a
All applications for development approval shall include the following
information:
****
Section 130. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.7.
is hereby amended as follows:
7. A plat of record or signed and sealed survey of the property including the
dimensions, acreage and location of the property prepared by a registered land
surveyor showing all current structures/improvements.
Section 131. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.11.
is hereby amended by adding subsection 4-202.A.11.y. as follows:
~ Type and location of all attached and freestanding signage for compliance with
Article 3, Division 18, Signs.
Section 132. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.25.
is hereby amended as follows:
d. If....tfle For all proposed development is for a single family d\velling or aooessory
use, a plot plan signed and sealed survey with the following information:
1. Existing and proposed fences and landscaping.
11. The proposed height and materials of the proposed fence.
Section 133. Article 4. Division 2. Applications for Development Approval. Section 4-206.
Notices and public hearings Permitted Uses: Level One diagram on page CD4:15 is hereby amended by
49
Ordinance No. 6928-02
. .
revIsmg the third box as follows: "Notice to Adjacent Property Owners (flexible standard
development)."
Section 134. Article 4. Division 2. Applications for Development Approval. Section 4-206.C.2.e.
Public hearings is amended as follows:
e. By posting a sign for level three (3) approvals onlv, at least six square feet in
area and not exceeding six feet in height facing the street( s) on the parcel
proposed for development.
Section 135. Article 4. Division 2. Applications for Development Approval. Section 4-206.D.5.
Public hearings is amended by adding subsection 4-206.D.5.a. as follows:
.1h Any expert witness testifving shall submit a resume for the record before or
during the public hearing.
Section 136. Article 4. Division 2. Applications for Development Approval. Section 4-502.A.
Application/notice of appeal is hereby amended as follows:
A. An appeal of a level one approval (flexible standard) may be initiated by a
property o';vner abutting the property an applicant or property owners within the
required notice area and who participated in the Level 1 review, which is the
subject of the approval within seven days of the date the development order is
issued. The filing of an application/notice of appeal shall stay the effect of the
decision pending the final determination of the case.
Section 137. Article 4. Division 2. Applications for Development Approval. Section 4-502.B.
Application/notice of appeal is hereby amended as follows:
B. An application/notice of appeal of any decision of the city, as pro'/ided in seetion
4-W-l-, Appeal of all other applications other than level one approval flexible
standard may be initiated by the applicant~ or Qy any person granted party status
within 14 days of the decision. Such application shall be filed with the city clerk
in a form specified by the community development coordinator identifying with
specificity the basis for the appeal and accompanied by a fee as required by
section 4-202(E). The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case.
Section 138. Article 4. Division 2. Applications for Development Approval. Section 4-504.B.
Community development board appeals is hereby amended as follows:
B. Upon receipt of an application/notice of appeal from a level one approval
(flexible standard) from an abutting property owner, the community development
board shall place the appeal on the consent agenda of the next scheduled meeting
of the board. Notice of the date of such meeting shall be provided the applicant
and the appellant(s) by mail and by telephone. The appeal may be removed from
the consent agenda only by a vote of at least four members of the community
development board. If the appeal is not removed from the consent agenda, it
shall be approved, along with any other consent agenda items, by a vote of a
majority of the members of the board If the appeal is not removed from the
50
Ordinance No. 6928-02
.
.
consent agenda, the decision of the Community Development Coordinator is
confirmed as part of the consent agenda by a vote ofthe majority of the members
of the board. If the appeal is removed from the consent agenda, the community
development board shall review the application, the recommendation of the
community development coordinator, conduct a quasi-judicial public hearing on
the application in accordance with the requirements of section 4-206 and render
a decision in accordance with the provisions of section 4-206(D)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the appeal.
Section 139. Article 4. Division 2. Applications for Development Approval. Section 4-505.A.
Community development board appeals is hereby amended as follows:
A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-
501(B), the hearing officer shall, in concert with the city clerk, establish a timely
date and hour and location for a quasi-judicial appeal hearing. The city clerk
shall give notice of the public hearing in accordance with the provisions of
section 4-206(C) and the hearing shall be conducted in aocordance with the
procedures set forth in section 1 206(D). The hearing shall be conducted as a
mandatory summary hearing. generally in accordance with the provisions of
Florida Statutes Section 120.574. as amended from time to time, except that the
provisions allowing permissive motions for summary hearing contained in
Florida Statutes Section 120.574(1)(a). (b). (c). and (d) shall not apply. No
discovery, whether on motion or otherwise, shall be allowed in the proceeding,
no order referring the case back to the formal adjudicatory process described in
Florida Statutes Section 120.57(1) shall be entered. and the hearing officer's
decision shall be subject to judicial review as provided in Section 4-505.D. and
not under Florida Statutes Section 120.68.
Section 140. Article 4. Division 2. Applications for Development Approval. Section 4-505.D.
Community development board appeals is hereby amended as follows:
D. The hearing officer shall render a decision within 45 days of the hearing ffi
aocordance '.vith the provisions of seetion 4 206(D)(5). The decision shall include the
following: 1. findings of fact based exclusivelv on the evidence of record and matters
officiallv recognized; 2. conclusions of law: 3. approval. approval with conditions,
requirements, or limitations, or denial of the application or decision which is the
subject of the appeal. The decision of the hearing officer shall be final, subject to
judicial review by petition for writ of common law certiorari to the circuit court. The
filing of a petition for writ of certiorari stays the decision of the hearing officer
pending the final determination of the case.
Section 141. Article 4. Division 6. Level Three Approvals. Section 4-602.A. Purpose and
applicability is hereby amended as follows:
A. Purpose and applicability. The Zoning ;\tlas of the City of Clearwater consists of a
map of the city, published in the form of an atlas or book oontaining a title and
summary page and additional separate sheets, eaoh oovering a portion of the city,
depioting all real property within the city and designating the various zoning distriots
and the boundaries thereof. The zoning atlas shall be in suffioient detail so that
property owners may looate their properties ,,"ith respect to the zoning distriot
51
Ordinance No. 6928-02
.
.
boundary lines. It is the purpose of this section to establish a procedure for amending
the zoning atlas of the city in accordance with Florida Statutes.
Section 142. Article 4. Division 7. SubdivisionIPlats. Section 4-702. Required approvals is
hereby amended as follows:
Section 4-702. Required approvals.
If plat approval is required, approval is obtained in two stages: preliminary and
final plat approval and is intended to be processed simultaneously with other
required approvals. Preliminary approval is granted by city staff for level one
approvals and the community development board for level two approvals. In the
event a level two approval is required, the preliminary plat is a required
submission and will be reviewed and approved by the community development
board as part of that approval process. While city commission approval is
required by state law for final plats, the approval process is ministerial, assuming
compliance with the preliminary plat approval and all requirements of the city
code. If plat approval is required, preliminary plat approval must obtained before
a building permit may be issued. Eyidence of the recording of an approved final
plat must be submitted prior to the issuance of a certificate of occupancy.
Section 143. Article 4. Division 7. SubdivisionIPlats. Section 4-708.C. Recording of final plat is
hereby amended as follows:
C. Evidence of recording a final plat shall be submitted prior to the issuance of a
the certifieate of occupancy first building permit.
Section 144. Article 4. Division 12. Tree Removal Permit. Section 4-1202.A. Removal permit
application is hereby amended by deleting the subsection and renumbering the subsequent subsection as
appropriate:
* * * *
1. .\ copy of the Level One or Level T'oYo .^.ppro';al associated '.vith the tree
remoyal.
****
Section 145. Article 4. Division 13. Land Clearing Removal Permit. Section 4-1301. Permit
required is hereby amended as follows:
Section 4-130 I. Permit required.
A land clearing and grubbing permit is required in order to clear or grub any land
in the city. No land clearing and grubbing permit shall be granted prior to
issuance of a level one or level two approval in accordance with the provisions
of Article 4, Divisions 3 and 4~, except '.vhcn associated y;ith a demolition permit
that does not inyobe new construction or a rcdevelopment project. No land
clearing and grubbing permit shall be granted unless it is in conformance with
the provisions of this division or the terms of a prior approval.
52
Ordinance No. 6928-02
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Section 146. Article 4. Division 14. Transfer of Development Rights. Section 4-1401. Purpose
and authority is hereby amended as follows:
Section 4-1401. Purpose and authority.
It is the purpose of this division to establish procedures for the transfer of
allocated development rights in the city in order to promote redevelopment of the
district in a manner which minimizes the impacts of such transfers and protects
the interests of all property owners and residents of the city.
Transfer of Development Rights may be used to: (1) Implement the goals and
policies of approved Community Redevelopment Plans: (2) Protect
Architecturallv Significant Structures, Historic Structures, or Environmentallv
Sensitive Areas.
Section 147. Article 4. Division 14. Transfer of Development Rights. Section 4-1402. Allocated
development rights are freely transferable is hereby amended as follows:
Section 4-1402. Allocated development rights are freely transferable.
Development rights of a previously developed site may be transferred to any site
at any time, to the same extent and in the same manner as any other interest in
real property provided that mortgage holder consents to such transfer and
provided that the density and/or intensity of the receiving site is not exceeded by
twenty percent (20%) of the development potential of the site prior to the
transfer. The transfer shall be in the form of a special warranty deed, which shall
specify the amount of transferable development rights which are being conveyed
or sold and the real property from which the rights are transferred. The special
warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred. To be eligible to transfer
development rights. the sending property must be in compliance with all
property maintenance standards specified in Article 3 of this code.
Section 148. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.C. Use of
transferred development rights is hereby amended as follows:
1. The parcel proposed for development is located in the city The sending site and the
receiving site must be located within the city.
2. No building which exceeds 100 feet in height shall be located within 100 feet of any
other building which exceeds 100 feet in height. No more than two buildings which
exceed 100 feet in height shall be located within 500 feet of any building which
exceeds 100 feet in height; and
3. Appropriate view corridors are incorporated in the design of the parcel proposed for
development and all design standards in Article 3 Division 5 are otherwise satisfied~
: and
53
Ordinance No. 6928-02
.
.
4. There shall be a reasonable relationship between the number of units transferred and
any increases in building height. Compatibility with the surrounding area and
viability ofthe proiect shall be considered when approving anv increase in height.
Section 149. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.E Use of
transferred development rights is hereby amended as follows:
E. Development rights transferred for the protection of Architecturally Significant
Structure( s), Historic Structure( s), and Environmentally Sensitive Areas located
on the mainland may be transferred to any parcel of land which is located on the
mainland. Development rights transferred within a Community Redevelopment
Area must be transferred to property located within the same Community
Redevelopment Area. Development rights transferred for the protection of
Architecturallv Significant Structure( s), Historic Structure( s), and
Environmentallv Sensitive Areas located on the barrier islands (any land west of
the Memorial Causeway) may be transferred to any parcel of land located on the
barrier islands.
Section 150. Article 6. Nonconformity Provisions. Section 6-102.B. Nonconforming structures,
is hereby amended as follows:
B. Normal repair and maintenance, such as painting, cleaning, replacement, and
repairing of same nonconformity may be performed on nonconforming
structures.
Section 151. Article 6. Nonconformity Provisions. Section 6-104. Nonconforming
SignlRedevelopment of Principle Use/Structure is hereby amended as follows:
B. If the copy is not current or is missing letters or words on a non conf-orming
nonconforming changeable copy sign for a period of 30 days, the sign shall
become unlawful.
Section 152. Article 7. Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures. Section 7-102.C. is hereby amended by deleting the subsection in its entirety and re-lettering
subsequent subsection as appropriate:
Go Corrccfia/'l ef ','iafflfial'/. prier fa hcaring. If, prior to the scheduled hearing, the
yiolatien is corrected, the hearing on the 'liolation shall be continued for a period
of six months and in the event there is no recurrence of the violation, the notice
of violation shall be deemed withdra\vn. If the violation is not corrected prior to
scheduled hearing, or the yiolation re occurs prior to the elapse of six months,
the 'liolation shall be presented to the special master or the municipal code
enforcement board.
54
Ordinance No. 6928-02
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.
Section 153. Article 8. Section 8-102. Definitions is hereby amended as follows:
* * * *
Accessory structure means a building or structure which: I) is subordinate to and serves
a principal building sePre6; 2) contributes to the comfort or necessary necessity and
convenience of the users or occupants of the principal building; and 3) is located on the
same lot as the principal building and is not attached to such building~ and (4) is
detached from principal structure.
* * * *
Lot, corner means a lot located at the intersection of two or more street rights-of-way.
Let, deublc frentElgc means a lot bounded on opposite or approximately opposite sides
by streets.
* * * *
Lot. double frontage means a lot bounded on oPlJosite or approximately oplJosite sides
by streets.
* * * *
Parcel of land means any legally described piece of land which is designated by the
owner or developer as land to be used or developed as a unit, or which has been
developed as a unit as determined by the Community Development Coordinator.
* * * *
Repeat violation means a violation of a provision of a code by a person who has been
previously found through a code enforcement board or any other quasi-judicial or
judicial process, to have violated, or who has admitted violating, the same provision
within five years prior to the violation, notwithstanding the violations occur at different
locations.
* * * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
public right-of-way, or body of water. For the purpose of this development code, the
term "sign" shall include all structural members. A sign shall be construed to form a
single unit. In cases where matter is displayed in a random or unconnected manner
without organized relationship of the components, each such component shall be
considered a single sign. Except for banner, flags, temporary and portable signs, all
signs shall be permanentlv affixed to, and/or incorporated into, the sign cabinet. or
building wall or other base material. All signs shall be constructed of materials designed
to be permanent. withstand weather conditions, and shall have permanent supports
appropriate for its size.
55
Ordinance No. 6928-02
.
.
* * * *
Sign, abandoned er obsolete conforming means any sign and/or sign structure which no
longer advertises a bona fide business activity conducted or product available, is no
longer licensed, no longer has a certificate of occupancy, or is no longer doing business
or maintaining a presence on the premises where the sign is displayed and such
circumstances have continued for a period of 30 days.
* * * *
Sign, arca Sign area or surface area means the area, in square feet, enclosed by a
rectangle, parallelogram, triangle, circle, semicircle, cross, other geometric figures, or
other architectural design, the side of which make contact with the extreme points or
edges of the sign, excluding the supporting structure which does not from form part of
the sign proper or of the display. Unless otherwise indicated, area means area per sign
face. Illuminated portions of a sign structure shall be considered part of the sign area.
Also, any portion of the surface area of a freestanding sign structure that exceeds 50
percent of the permitted area of the sign face shall be considered part of the sign area.
The area of a sign for attached signs is based on the smallest geometric shape( s) around
the graphics/text: area for sign cabinets used as attached signs shall be based on the
entire sign cabinet.
* * * *
Sign, attached means any sign attached to, on or supported by any part of a building (e.g.
walls, mansard roof\vall, projecting. awning, windows, or canopy), which encloses or
covers useable space.
****
Sign, maintcnancc Sign maintenance means the replacing, repairing or repainting of a
portion of the sign structure, periodically changing changeable copy or renewing copy
which has been made unusable by ordinary wear, weather or accident. In the event 50
percent or more of the sign is needed to be replaced or repaired the sign shall be replaced
with a new, conforming sign and sign structure.
* * * *
Sign, portable means a sign that is not permanentlv fixed to the ground or a structure
utilizing standard construction procedures. and/or materials that will not deteriorate. or a
sign that is transported over or parked along or next to a public right-of-wav.
* * * *
Sign, vehicle means a sign attached to or placed on and/or inside of a vehicle, including
automobiles, trucks, boats, campers, and trailers, that is parked on or is otherwise
utilizing a public right-of-way or other public property or is on private property so as to
be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement of products or services or directing people to a business or
activity. This definition is not to be construed to include those signs on a licensed transit
56
Ordinance No. 6928-02
.
.
carrier, or signs that identify a firm or its principal products on a vehicle, unless such
vehicle is parked in a location prominently visible from a street right-of-way where there
are other, less prominently visible parking spaces available on the site or is parked in
such a manner that it is intended to provide advertisement of products or services or to
direct people to a business or activity.:...., or such advertising de';ices as may be attached to
and '.vithin the normal tmaltered lines of the ';ehicle of a licensed transit carrier This
definition shall not include any vehicle with signs when and during that period of time
such vehicle is regularly and customarily used to traverse the public highways during the
normal course of business and providing the signs do not present a hazard to the public.
****
Temporary retail sales and displays means any nonpermanent sales or displays which
either exist along are of the same product and must be related with the permanent or
principal use of property,~ or are associated \vith the permanent or principal use. As used
in this development code, the term "temporary retail sales and displays" shall include
carnivals and similar temporary amusement projects and shall exclude residential
development sales office, land sales offices, and garage and yard sales.
* * * *
Violator means a person alleged to or who has been found to have violated a provision of
the City Code through a code enforcement board. or anv other quasi-iudicial or iudicial
process. '.vhlch the special master or code enforcement board has jurisdiction to enforce.
Section 154. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, directional
is hereby amended by deleting the directional sign graphic and replacing it with a new graphic as
illustrated in Exhibit B.
Section 155. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, freestanding
is hereby amended by deleting the freestanding sign graphic and replacing it with a new graphic as
illustrated in Exhibit C.
Section 156. Amendments to the Land Development Code of the City of Clearwater (as
originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as
set forth in this Ordinance.
Section 157. The City of Clearwater does hereby certify that the amendments contained herein,
as well as the provisions of this Ordinance, are consistent with and in conformance with the City's
Comprehensive Plan.
Section 158. Should any part or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part
thereof other than the part declared to be invalid.
Section 159. Notice of the proposed enactment of this Ordinance has been properly advertised in
a newspaper of general circulation in accordance with applicable law.
Section 160. The provisions of this Ordinance shall be effective on Monday, March 18,2002.
57
Ordinance No. 6928-02
.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
.
Brian J. Aungst
Mayor-Commissioner
Cynthia E. Goudeau
City Clerk
58
Ordinance No. 6928-02
.
.
I SIGHT TRIANGLE I
RIGHTS-OF- WAY and DRIVEWAYS
20' from property line
Exhibit A - Sight Visibility Triangle
.
.
EjJ T E..!2:.
~ < :.. .- J
[If>.
.- .r
Exhibit B - Directional Sign
.
.
, -
~ y oUI2- '
...
- ~1~0'
....
, UE-~.'.
Exhibit C - Freestanding Sign