No land shall be used or occupied and no structures shall be designed, erected, altered, used or occupied except in conformity with all of the regulations, compliance with all design standards of this chapter, and upon performance of all conditions attached to any development agreement, conditional use permit, variance, appeal, rezoning, planned development, or design review approved pursuant to this chapter.

No person, firm, or corporation and no officer or employee (either as owner or as participating principal, agent, servant, or employee of such owner) shall sell, rent, or lease, or offer or attempt to sell, rent, or lease, any land or structure upon the representation, falsely made and known to be false, that such land or structure may be used or occupied in a manner or for a use prohibited by this chapter.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

This chapter establishes zoning districts and describes the use and design regulations that apply to each district. Two types of zoning districts are established.

(A)

Division 2:Base Zoning Districts establishes districts that divide the City of Dunedin land area into various residential, commercial, and industrial zonings. Each district establishes uses that are permitted "as of right" and as a conditional use. A use permitted as of right is compatible with the other uses within the purpose of the district and therefore requires only administrative approval. Conditional uses require a public hearing to assess whether conditions are needed in order to make the use compatible with other uses in the district.

(B)

Division 3: Overlay Zoning Districts establishes zoning districts that have additional standards applied beyond those of the base zoning district. These districts address special situations that require additional regulations to protect the public health, safety, and general welfare.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

The maps delineating the boundaries of the various zoning districts, together with all matters and things shown on such maps, as they are updated and amended from time to time, collectively constitute the "official zoning map." The official zoning map/zoning district atlas is incorporated by reference and made a part of the Land Development Code. These maps are on file in the office of the city clerk and shall be made available to the general public subsequent to required updates that reflect recent changes. Any person desiring a copy of such official zoning map/zoning district atlas and regulations may obtain one by paying the established fee. All amendments to the official zoning map shall be listed in the order adopted in a separate register maintained and kept current by the zoning administrator. The official zoning map carries the zoning district designations established in this chapter.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

The district name or letter-number combination shown on the zoning map indicates that the regulations pertaining to the district designated by that name or letter-number extend throughout the whole area in the municipality bounded by the district boundary lines within which such name or letter-number combination is shown.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

Where uncertainty exists as to the boundaries of land use plan categories on the regulatory land use plan map or where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map/zoning district atlas, the following rules shall apply:

(A)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(B)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(C)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(D)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(E)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(F)

Boundaries indicated as parallel to or extensions of features indicated in subsections 103-11.4(A) through 103-11.4(E) of this section shall be so construed. Distances not specifically indicated on the maps shall be determined by the scale of the map.

(G)

Land use plan category boundaries indicated as approximately following zoning district boundaries shall be construed to follow the zoning district boundary line.

(H)

Where physical or cultural features existing on the ground are at variance with those shown on such maps or in other circumstances not covered by subsections 103-11.4(A through E) of this section, the city manager shall interpret and determine boundaries. (This determination by the city manager differs from the boundary determination authority assigned to the board of adjustment and appeal, pursuant to Chapter 109 - Administrative Agencies.)

(I)

Where a boundary line divides a lot which was in single ownership at the time of passage of this section, the board of adjustment and appeal may permit, as a conditional use, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

Submerged or partially submerged areas within the city limits are considered to be within a zoning district and controlled by the appropriate regulations. The requirements and provisions of zoning district regulations are considered additional to all other federal, state, county or city laws applicable to submerged or partially submerged water areas.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

The city commission shall zoning all territory hereinafter annexed. From the date of annexation until the property is zoned to a permanent zoning classification, annexed property will maintain the zoning designation of Pinellas County, or will be assigned the most similar category of the city.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

Consistent with the goals and objectives listed in the comprehensive plan, the zoning district regulations are designed to foster the following subsidiary purposes:

•

Distribute land uses to meet the physical, social, cultural, economic, and energy needs of present and future populations;

•

Ensure that the location and character of land uses maximize the potential for economic benefit and the enjoyment of natural and man-made resources by citizens and visitors while minimizing the threat to health, safety and welfare posed by incompatible land uses, hazards, nuisances and environmental degradation.

Any development approval issued will be consistent with the city's adopted comprehensive plan.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

"Transient residential use" is any residential use that allows for occupancy of a living unit of any type for a period of less than 90 days or three calendar months and shall be limited to the zoning categories listed in § 103-14.5below. The absence of a specific transient residential use, or short-term rental or occupancy in any form whatsoever as a permitted use or a use by conditional use in a zoning district shall preclude a permitted transient residential use.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

The intent of each residential zoning district in the City of Dunedin is to protect and preserve the integrity and value of existing stable residential neighborhoods. Conflict occurs when transient uses, tourist oriented uses or commercial uses operate within residential neighborhoods or zoning districts that do not specifically allow for such tourist or transient uses. The health, safety and welfare of residents and owners in residential zoning districts may be detrimentally affected by short-term rentals. Short-term rentals are a commercial use. Short-term rentals are a tourist oriented business enterprise that is inconsistent with a residential neighborhood and there exists in the city adequate opportunity for businesses investing in short-term rentals or tourist-based activities within the appropriate zoning districts within the city.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

(A)

The intent of each residential zoning districts in the City of Dunedin is to protect and preserve the integrity and value of existing stable residential neighborhoods; and

(B)

The purpose of the City of Dunedin Zoning Code is to regulate uses within the various zoning districts and, in the case of neighborhoods to preserve neighborhoods from incompatible uses, and for that purpose specific permitted uses and special exception uses are defined for each zoning district and uses not specifically allowed as a permitted use or as a special exception use are not permitted in those districts; and

(C)

Conflict occurs when transient uses, tourist oriented uses or commercial uses operate within residential neighborhoods or zoning districts that do not specifically allow for such tourist or transient uses; and

(D)

The peace, safety and welfare of residents and owners in residential zoning districts may be detrimentally effected by short-term rentals; and

(E)

Short-term rentals are a commercial use. Short-term rentals are a tourist oriented business enterprise that is inconsistent with a residential neighborhood and there exists in the city adequate opportunity for businesses investing in short-term rentals or tourist-based activities within the appropriate zoning districts within the city; and

(F)

The tranquility and neighborly mutual respect commonly found in residential neighborhoods is a quality in the City of Dunedin's neighborhoods that deserves protection and has been protected in the past; and

(G)

Behavior patterns of vacationers and tourists having a good time with no ties to the community are substantially different than those of long term rentals or persons who own the property on which they reside; and

(H)

The city commission finds that there is a discernable rational basis in the protection of the quality of its residential neighborhoods, limits on potential nuisance conditions and for the peace and tranquility of its residential neighborhoods, not zoning for transient rental use or commercial enterprises; and

(I)

The purpose of the existing zoning codes is to maintain and protect land values, avoid nuisance conditions and neighborhood complaints based on the behavior of transients or tourists that would reside in such neighborhoods for periods less than 90 days and that such restrictions are important to the public general welfare and safety and to do otherwise would be detrimental residential nature the City of Dunedin's neighborhoods; and

(J)

Prohibition of commercial, tourist or transient activities in a residential neighborhood is integrally bound to property values and are relevant zoning considerations.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

Rentals under three months in duration are not allowed in residential neighborhoods or other districts not specifically allowing for such uses. Rentals of less than three months must be located in zoning districts specifically (not by implication) providing for such transient and commercial uses.

(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-19-15)

Zoning categories which specifically allow some type of tourist or transient use are as follows:

(A)

"TF" (Tourist Facility)

(B)

"GO" (General Office)

(C)

"NB" (Neighborhood Business)

(D)

"GB" (General Business)

(E)

"CP" (Commercial Parkway)

(F)

"CR" (Commercial Recreation)

(G)

"DC" (Downtown Core)

(H)

"DR" (Downtown Residential), bed and breakfast only

(Ord. No. 10-19, § 4, 12-16-2010)

Prima facie evidence of certain uses located in any residential zoning district, consisting of rentals for periods of less than 90 days or three calendar months, whichever is greater, and advertising or holding out to the public as a dwelling unit rented for periods of less than 90 days or three calendar months, whichever is greater, shall include but not be limited to one or more of the following:

(A)

Registration or licensing for short-term or transient rental use by the state under F.S., Chapters 212 (Florida Tax and Revenue Act) and 509 (Public Lodging Establishments);

(B)

Advertising or holding out a dwelling unit for tourist housing or vacation rental use;

(C)

Reservations, booking arrangements or more than one signed lease, sublease, assignment or any other occupancy agreement for compensation, trade, or other legal consideration addressing or overlapping any period or less than 90 days or three calendar months, whichever is greater; or

(D)

Use of an agent or other third person to make reservations or booking arrangements.

(Ord. No. 10-19, § 4, 12-16-2010)

The City of Dunedin, Florida finds that certain transitory uses of residential property tend to affect the residential character of the community and are injurious to the health of the community. Therefore, it is necessary and in the interest of public health, safety and welfare to monitor and provide reasonable means for citizens of the City of Dunedin to mitigate impacts created by such transitory uses of residential property within the City of Dunedin. It is unlawful for any owner of any of any property within the geographic bounds of the City of Dunedin to rent or operate a Vacation Rental of residential property contrary to the procedures and regulations established in this Section or applicable state statute.

(Ord. No. 19-13, § 1, 9-5-2019)

It is unlawful for any person to allow another person to occupy any residential property as a Vacation Rental within the City of Dunedin, or offer such rental services within the City of Dunedin, unless the person has registered the Vacation Rental dwelling unit(s) with the City of Dunedin and the Vacation Rental dwelling unit(s) have been issued a Certificate of Compliance in accordance with the provisions of this Section. Each approved Vacation Rental dwelling unit will be assigned a unique registration number that must be listed as part of any advertisement for the rental of the approved Vacation Rental dwelling unit.

(Ord. No. 19-13, § 1, 9-5-2019; Ord. No. 24-09, § 2, 6-6-2024)

It shall be unlawful for any person to give any false or misleading information in connection with the application for registration required by this Section.

(Ord. No. 19-13, § 1, 9-5-2019)

Application for registration of a Vacation Rental dwelling unit shall be made to the Community Development Department and shall set forth at a minimum:

(A)

The address of the property.

(B)

The zoning district of the property.

(C)

Name, address and phone number of the property owner.

(D)

Name, address and emergency contact phone number of Responsible Party for the property, which shall be a 24 hour, seven days a week contact number.

(E)

That the phone number for Responsible Party will be answered 24 hours a day, seven days a week by the responsible party.

(F)

Owner acknowledgement of Section 103-14.7.5, Vacation Rental Standards.

(G)

Proof of Registration with the Florida Department of Revenue for sales tax collection and Pinellas County Tourist Development Tax.

(H)

Proof of Licensure with the Florida Department of Business and Professional Regulation for a Vacation Rental.

(I)

Business Tax Receipt from City of Dunedin.

(J)

Proof of General Liability insurance.

(K)

Proof of Passing an initial Business Tax Receipt fire inspection.

(L)

The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it and understands its requirements; and

Submission of an incomplete registration application form shall result in rejection of the application.

(Ord. No. 19-13, § 1, 9-5-2019; Ord. No. 24-09, § 3, 6-6-2024)

(A)

There shall be one off street parking space for each bedroom. Recreational vehicles and accessory trailers shall not be permitted in driveways or other designated parking areas. No recreational vehicles or any other motor vehicle may be used for sleeping. On street parking shall not be permitted.

(B)

That all vehicles associated with the Vacation Rental must be parked in compliance with the Code of Ordinances of the City of Dunedin.

(C)

That it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in Section 107-41, Noise.

(D)

That the owner shall comply with all applicable city, county, state and federal laws, rules, regulations, ordinances and statutes.

(E)

That no solid waste container shall be located at the curb for pickup before 6:00 p.m. the day prior to pick up, and solid waste container shall be removed before midnight of the day of pickup.

(F)

That, whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance or a property, or, having been authorized, licensed, or invited, is warned by the owner or lessee, to depart the property and refuses to do so, commits the offense of trespass in a structure or conveyance.

(Ord. No. 19-13, § 1, 9-5-2019; Ord. No. 24-09, § 4, 6-6-2024)

The fees for annual registration shall be provided for in Appendix C—Fees of the City's Land Development Code.

(Ord. No. 19-13, § 1, 9-5-2019)

Whenever any Vacation Rental dwelling unit is required to be registered under this Section, the owner shall appoint a natural person who resides within 25 miles of the Vacation Rental property to serve as the Responsible Party for service of notices, are specified herein and notices given to the Responsible Party shall be sufficient to satisfy any requirement of notice to the owner. An initial Responsible Party shall be designated and name submitted with the application for registration and the City Clerk or his or her designee shall thereafter be notified of any change of Responsible party within 15 days of such change. Further, it is the affirmative duty of the Responsible party to:

(A)

Maintain all properties under their control in compliance with the occupancy limits, as specified in the Florida Building Code and the Code of Ordinances of the City of Dunedin, Florida as determined by the building official or his designee;

(B)

See that the provisions of this Section are complied with and promptly address any violations of this Section or any violations of law which may come to the attention of the Responsible Party;

(C)

Be situated close enough to the property as to be able to, and shall, respond to emergency calls within two hours of notification; and

(D)

Maintain the entire property free of garbage and litter, provided however, that this subsection shall not prohibit the storage of garbage and litter in authorized receptacles for collection.

(Ord. No. 19-13, § 1, 9-5-2019; Ord. No. 24-09, § 5, 6-6-2024)

(A)

Duties of the Responsible Party:

1.

Be available at the listed phone number 24 hours a day, seven days a week to handle problems arising from the Vacation Rentals use; and

2.

Be able and willing to come to the Vacation Rental dwelling unit within two hours following notification from the City/Code Enforcement of issues related to the vacation rental; and

3.

Receive service of any notice of violation of this section; and

4.

Monitor the Vacation Rental dwelling unit at least weekly to assure continued compliance with the requirements of this section.

(B)

An owner may change his or her designation of a Responsible Party temporarily or permanently; however, there shall be only one Responsible Party for each Vacation Rental property at any given time. To change the Responsible Party, the owner shall notify the City in writing of the name, contact information and certification as required under "Responsible Party" for the new Responsible Party.

(Ord. No. 19-13, § 1, 9-5-2019)

Nothing in this section shall limit the City from enforcement of its code, state or federal law by any other legal remedy available to the City. Nothing in this section shall be construed to limit or supplant the power of the inspector(s), code enforcement inspector or Code Enforcement Board under the City's ordinances, rules and regulations and the authority granted under state law, to take the necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance as defined under state law or the City Ordinances, codes or regulations or to abate a nuisance by any other lawful means or proceedings.

(Ord. No. 19-13, § 1, 9-5-2019)

Whenever a dwelling unit used for Vacation Rentals is sold or otherwise changes ownership and new owner desires to use the unit for Vacation Rentals, a new registration is required. Vacation Rental Registrations are not transferrable from one owner to another.

(Ord. No. 19-13, § 1, 9-5-2019)

(A)

All registrations issued under the provisions of this Section shall be valid for no more than one year, and all registration shall expire on September 30th of each year.

(B)

Half-Year Receipts - Any person who was not liable for a local business tax receipt before April 1 during any business tax year may be issued a local business tax receipt for the second half of the business tax year, commencing from April 1, upon payment of one-half of the amount fixed as the price of an annual local business tax receipt.

(Ord. No. 19-13, § 1, 9-5-2019)

(A)

Any certificate of compliance issued pursuant to this Section may be denied, revoked, or suspended by the City Manager upon the adjudication of a violation of this Section, any City of Dunedin Ordinance, or state law by the Responsible Party, property owner or Transient Occupant attributable to the property for which the certificate of compliance is issued. Such denial, revocation or suspension is in addition to any penalty provided herein.

(B)

Offenses/violations.

1.

Non-compliance with any provisions of this Section shall constitute a violation of this Section.

2.

Separate violations. Each day a violation exists shall constitute a separate and distinct violation.

(C)

Remedies/enforcement.

1.

Violations of this Section shall be subject to penalties as part of a progressive enforcement program with the primary focus on compliance and compatibility with adjoining properties, versus penalties and legal action to accomplish a safe and effective Vacation Rental program it is key that Vacation Rental Responsible Parties are responsive and responsible for the management of the property for compliance with this section.

2.

Additional remedies. Nothing contained herein shall prevent the City of Dunedin from seeking all other available remedies which may include, but not be limited to, suspension or revocation of a Vacation Rental Registration injunctive relief, liens and other civil and criminal penalties as provided by law, as well as referral to other enforcing agencies.

(D)

Suspension of Vacation Rental Certificate of Compliance. In addition to any fines and any other remedies described herein or provided for by law, the Code Enforcement Board may suspend a Vacation Rental Registration in accordance with the following:

1.

Suspension time frames.

(a)

Upon a second violation of this Section, the Vacation Rental certificate shall be suspended for a period of 90 calendar days.

(b)

Upon a third violation of this Section, the Vacation Rental Registration shall be revoked.

2.

Suspension restrictions. A Vacation Rental may not provide transient occupancy during any period of suspension of a Vacation Rental Registration.

(a)

The suspension shall begin immediately following notice, commencing either:

(i)

at the end of the current Vacation Rental lease period; or

(ii)

within 30 calendar days, whichever date commences earlier, or as otherwise determined by the Code Enforcement Board.

(b)

Operation during any period of suspension shall be deemed a violation pursuant to this Section and shall be subject to daily fine, up to $250.00 for initial violation and $500.00 for repeat violation, for each day that the Vacation Rental operates during a period of violation.

(E)

Number of violations. For purposes of this section only, violations shall be considered per the rental period or per every seven days, whichever is less and for only those violations in which a code enforcement citation or criminal charge was issued. Violations could potentially occur over multiple times over the same rental period.

(Ord. No. 19-13, § 1, 9-5-2019)

A revocation of Responsible Party status by the City Manager may be appealed to the City's Board of Adjustment and Appeal.

(A)

Applicability. A person may file an appeal of a revocation or suspension of his or her Responsible Party status.

(B)

Filing of Appeal. The appeal shall be filed within 30 days of receiving notice of the revocation or suspension by certified mail.

(Ord. No. 19-13, § 1, 9-5-2019)

(A)

Residential Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes.

(B)

Smoke and carbon monoxide (CO) detection and notification system required.

(C)

Fire extinguisher required on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

(Ord. No. 19-13, § 1, 9-5-2019)

The City of Dunedin, Florida finds that certain transitory uses of residential property tend to affect the residential character of the community and are injurious to the health of the community. Therefore, it is necessary and in the interest of public health, safety and welfare to monitor and provide reasonable means for citizens of the City of Dunedin to mitigate impacts created by such transitory uses of residential property within the City of Dunedin. It is unlawful for any owner of any property within the multi-family zoning districts of the City of Dunedin to operate a bed and breakfast without obtaining a conditional use permit from the City's Board of Adjustment and Appeal.

(Ord. No. 19-13, § 2, 9-5-2019)

See Chapter 104 - Procedures, Section 104-21 Conditional Use Permits.

(Ord. No. 19-13, § 2, 9-5-2019)

Nothing in this section shall limit the City from enforcement of its code, state or federal law by any other legal remedy available to the City. Nothing in this section shall be construed to limit or supplant the power of the inspector(s), code enforcement inspector or Code Enforcement Board under the City's ordinances, rules and regulations and the authority granted under state law, to take the necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance as defined under state law or the City Ordinances, codes or regulations or to abate a nuisance by any other lawful means or proceedings.

(Ord. No. 19-13, § 2, 9-5-2019)

(A)

Residential Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, F.S. ch. 515.

(B)

Smoke and carbon monoxide (CO) detection and notification system required.

(C)

Fire extinguisher required on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

(Ord. No. 19-13, § 2, 9-5-2019)

There shall be one off street parking space for each bedroom. Recreational vehicles and accessory trailers shall not be permitted in driveways or other designated parking areas. No recreational vehicles or any other motor vehicle may be used for sleeping. On street parking with the right-of-way shall not be permitted.

(Ord. No. 19-13, § 2, 9-5-2019)

(A)

A bed and breakfast may be allowed if there is no appearance of commercial activity except that which is permitted by this section.

(B)

The exterior appearance of all structures on a bed and breakfast site shall maintain that of a single-family residence.

(C)

Bed and breakfast establishments shall make breakfast service available to overnight paying guests only. Bed and breakfast establishments shall not advertise breakfast service as a restaurant.

(D)

The site shall not be let by the public or paying guests for the hosting of receptions or special events. Private parties or similar uses shall be prohibited.

(E)

Quiet hours: 10:00 pm to 7:30 am Sunday through Thursday, 11:00 pm to 7:30 am Friday and Saturday.

(F)

Conditional use bed and breakfasts rooms may NOT be rented or occupied by a convicted sexual predator or sexual offender.

(Ord. No. 19-13, § 2, 9-5-2019)

The applicant for a Conditional Use Permit shall make a presentation to the Board of Adjustment and Appeal that addresses the following categories of amenities. The presentation should also highlight concierge services offered to guests.

Food-related Amenities (required):

1.

Food service plan that addresses breakfast and other snacks/drinks offered to guests.

2.

State of Florida food service license to serve breakfast to guests (if applicable).

3.

Coffee making machine.

4.

Refrigerator.

5.

Microwave.

6.

Local restaurant menus.

Indoor Amenities (provide at least 8 of 10):

1.

Bath Room(s).

2.

Beds (queen or king sized).

3.

Ceiling fan(s).

4.

Chairs.

5.

Guidebook (local maps).

6.

Hair dryer.

7.

Accessible amenities for people disabilities.

8.

Individual climate control.

9.

Television (large flat screen).

10.

Wireless internet access (complimentary).

Outdoor Amenities (required):

1.

Photographic depiction of private decks, patios, porches, and/or pools available to guests.

(Ord. No. 19-13, § 2, 9-5-2019)

Development projects may utilize the standard temporary lodging densities and intensities specified within each Countywide Plan Map category that provides for such use; or may, in the alternative, utilize all, or any part of, the higher temporary lodging densities and associated intensities included in Table 103-15.1, subject to the following:

(A)

A Development Agreement shall be required for any project proposing to utilize the higher densities and intensities identified in Table 103-15.1. Any proposed temporary lodging facility in the coastal high hazard area will have the additional development requirement below.

1.

Provision for all temporary lodging uses to comply with all county and local hurricane evacuation plans and procedures to ensure orderly evacuation of guests and visitors pursuant to the Pinellas County Code, Chapter 34, Article III. In particular, all temporary lodging uses which are located in Hurricane Evacuation Level A, as identified by the Pinellas County Emergency Management Agency, shall prepare a legally enforceable mandatory evacuation/closure covenant, stating that the temporary lodging use will be closed as soon as practicable after a hurricane watch is posted for Pinellas County by the National Hurricane Center. Further, a plan implementing the closure and evacuation procedures shall be prepared and submitted to the county or municipal emergency management coordinator, whichever is applicable, within 90 days of the issuance of a certificate of occupancy. This plan will be updated and sent for review when there is a change of ownership or substantive change to the plan or as required by the county or municipal emergency management coordinator, whichever is applicable.

(B)

A Development Agreement prepared pursuant to this Section shall be approved by the city governing body, recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S., a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 14 days after recording. The development limitations set forth in the Development Agreement shall be memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of a building permit for the temporary lodging use.

(C)

The alternative densities and intensities set forth in Table 103-15.1 are maximums. The City may choose to utilize a density and intensity standard equal to or less than the alternative density and intensity standard.

(D)

For development that includes a combination of temporary lodging and residential dwelling use, each use shall be allowed in proportion to the size of the property and the permitted density and intensity of the respective use.

Table 103-15.1
TEMPORARY LODGING DENSITY AND INTENSITY STANDARDS

(Ord. No. 15-04, § 1, 2-9-2015; Ord. No. 19-05, § 1, 2-21-2019)

The purpose of the design considerations is to enable the City to authorize the increased density and intensity provided for in Table 103-15.1, subject to a determination that the project is compatible with the size, location, configuration and character of the site, its relationship to the Countywide Plan Map category in which it is located, and to adjoining uses; and that the overall principles of quality urban design as set forth in Pinellas By Design: An Economic Development and Redevelopment Plan for Pinellas County are furthered.

In particular, design considerations applicable to the proposed use shall address the following in the Development Agreement so as to ensure compatibility in terms of context-sensitive design, and the scale and placement of the proposed use so as to achieve a harmonious relationship and fit relative to its location and surroundings:

(A)

Building scale, including height, width, location, alignment, and spacing.

(B)

Building design, including elevations, façade treatment, entrance and porch or balcony projections, window patterns and roof forms.

(C)

Site improvements, including building and site coverage, accessory structures, service and amenity features, walkway and parking areas, open space, and view corridors.

(D)

Adjoining property use, including density/intensity, and building location, setbacks, and height.

(Ord. No. 15-04, § 1, 2-9-2015)

The purpose of this provision is to ensure that a project authorized to use any portion of the increased density and intensity provided for in Table 103-15.1 is built, functions, operates, and is occupied exclusively as temporary lodging.

In particular, temporary lodging uses at the densities/intensities in Table 103-15.1, or any density higher than the standard density provided for such use in each applicable Countywide Plan Map category, shall comply with the following restrictions:

(A)

No temporary lodging unit shall be occupied as a residential dwelling unit, and a locally-determined maximum length of stay for any consecutive period of time shall be established by the the city to ensure that any temporary lodging use does not function as a residential use.

(B)

Temporary lodging units shall not qualify or be used for homestead or home occupation purposes.

(C)

All temporary lodging units must be included in the inventory of units that are available within a temporary lodging use.

(D)

No conversion of temporary lodging units to residential dwelling units shall be permitted unless the conversion is in compliance with the Countywide Rules with respect to the permitted residential density and, where applicable, the intensity for associated nonresidential uses.

(E)

A temporary lodging use may include accessory uses, such as recreational facilities, restaurants, bars, personal service uses, retail uses, meeting space, fitness centers, spa facilities, parking structures and other uses commonly associated with temporary lodging uses. All such uses shall be included in the calculation of allowable floor area ratio.

(F)

Any license required of a temporary lodging use by the city, county, or state agency shall be obtained and kept current.

(G)

Temporary lodging uses shall be subject to all applicable tourist development tax collections.

(H)

A reservation system shall be required as an integral part of the temporary lodging use, and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for temporary lodging would be operated.

(I)

Temporary lodging uses must have sufficient signage that complies with local codes and is viewable by the public designating the use as a temporary lodging use.

(J)

The books and records pertaining to use of each temporary lodging unit shall be open for inspection by authorized representatives of the applicable the city, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.

(K)

The applicable the city may require affidavits of compliance with this Section from each temporary lodging use and/or unit owner.

(Ord. No. 15-04, § 1, 2-9-2015)

(A)

Except as otherwise provided in these zoning regulations, no building shall be erected, converted, enlarged, reconstructed, structurally altered or moved to a lot tract or parcel of land which does not have frontage on a dedicated public right-of-way for a distance equal to the minimum lot width required in the zone district in which the property is located. Provided, however, where the curvature of such dedicated public right-of-way prevents these requirements from being met, then the required road frontage may be reduced after recommendation of the city manager up to 36 percent.

(B)

As an exception to § 103-16(A) Street Frontage Requirements for frontage on a dedicated public right-of-way, a single-family residential structure may be erected, converted, enlarged, reconstructed, structurally altered or moved to a lot, tract or parcel of land which does not have frontage on a dedicated public right-of-way if the following standards are met:

(1)

The parcel of land on which such structure is to be built or located does not have frontage on a dedicated public right-of-way and that the land, lot or parcel between the subject land and the dedicated public right-of-way is owned by a third person, firm or corporation other than the applicant and that the intervening property is developable or usable for the purposes for which it is zoned.

(2)

The property on which the structure is to be located has a zoning designation which allows the construction of a single-family residence. This exception cannot be used for the purpose of the construction or conversion of multifamily housing.

(3)

The property is subject to minor subdivision procedures set forth in Chapter 104 - Procedures and shall have followed that procedure for the establishment of the lots or parcels to be served by the access road permitted in this section. A single parcel need not meet this standard.

(4)

Four or fewer lots under single ownership shall be served by the access road required in this section.

(5)

An access road shall be constructed from the dedicated public right-of-way serving such lots or parcels, which access road shall not be dedicated to the public, but shall be in the form of a private easement for the benefit of all resulting lots or parcels which it is intended to serve, and shall specifically provide for an ingress/egress easement for vehicular and pedestrian traffic and for the extension of all public and private utilities for the benefit of the lots or parcels served by the access road.

(6)

The access road shall be approved to acceptable engineering standards for the passage of private passenger vehicles and other vehicles serving residential properties and for the use of public emergency vehicles.

(7)

The private easement shall be a minimum of 25 feet in width and shall be constructed in a manger so that it is accessible for emergency vehicles and shall be constructed of an all-weather service as approved by the city.

(C)

Upon all standards of this section being met and the proposed easement being approved as to form by the city attorney, minor subdivision of the properties may be administratively approved and other development permits issued for the construction of a single-family detached dwelling on the parcel or parcels of property.

(Ord. No. 11-21, § 1, 8-18-2011; Ord. No. 15-04, § 1, 2-9-2015)