The maximum density and intensity (floor area ratio) standards for each zoning district are governed by the underlying future land use map (FLUM) category identified within the Pinellas County Comprehensive Plan.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Land Uses shall be permitted as defined in Table 138-355—Table of Uses in article III, division 3 for the underlying zoning district AND as permitted/limited pursuant to the overlay district adoption.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

Individual land uses may be applicable to the specific use standards as established in chapter 138, article IX, specific use standards.

(b)

Developments and land uses may be applicable to the design criteria for individual districts as established in chapter 138, article X—Community design standards division 6, district design criteria.

(c)

Where the standards/requirements are different the stricter regulation shall apply.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

The purpose of a Conditional Overlay (CO), is to provide for additional limitations to the underlying zoning district, to ensure compatibility with surrounding uses and consistency with the comprehensive plan and this Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

The development regulations imposed by a CO are more restrictive than the regulations otherwise applicable to the property under this Code. Development of property subject to the application of a CO shall be pursuant to its underlying zoning district, as limited by the regulations imposed by the CO. Each resolution applying a CO shall define the land area which it covers along with the specific regulations imposed. The property specific development regulations shall be made a part of the zoning atlas and noted on each property to which they apply. Conditional overlays shall be indicated on the zoning atlas by an overlay pattern or shading, as deemed appropriate.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Development regulations imposed by a CO shall be limited to those which:

(a)

Prohibit certain Type 1, 2 and 3 uses and accessory uses otherwise authorized in the underlying zoning district;

(b)

Decrease the number or average density of dwelling units that may be constructed on the subject property;

(c)

Increase minimum lot size, minimum lot depth or minimum lot width requirements;

(d)

Limit maximum floor area ratio (FAR);

(e)

Limit maximum height;

(f)

Increase minimum yard and setback requirements;

(g)

Limit building or impervious coverage;

(h)

Impose specific design criteria; AND/OR

(i)

Restrict access to /from adjacent roadways.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

COs shall be indicated on the zoning atlas by an overlay pattern or shading, as deemed appropriate by the county administrator or designee.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Historic Preservation Overlays (HPOs) assist in implementing the goals, objectives, and policies in the comprehensive plan pertaining to the protection, preservation, and appropriate use of historic resources in the unincorporated county, including historic structures and buildings identified in the county historic resource data base referenced in chapter 146 of this Code.

The intent of an HPO is to protect and preserve the county's historic resources through an overlay whereby land use controls in addition to those of the underlying zoning districts may be applied.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Uses permitted under an HPO shall be those permitted by the underlying zoning district. Land uses shall be permitted per the underlying zoning district as defined in Table 138-355—Table of Uses in article III, division 3.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

All development subject to the application of an HPO shall comply with the requirements of the underlying zoning district.

(b)

In addition, the land uses/development activity shall comply with chapter 146 of this Code. The uses and associated regulations of chapter 146 of this Code are adopted by reference and shall apply to those areas subject to the application of an HPO.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

HPOs shall be indicated on the zoning atlas by an overlay pattern or shading, as deemed appropriate by the county administrator or designee.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

C-T, Transient Accommodation Overlay, depicts those areas of the county that are now developed, or appropriate to be developed, with more intensive medium density permanent transient accommodation uses and accompanying accessory uses. C-T overlays recognize such areas as well-suited for transient accommodation use consistent with their location, surrounding uses, public infrastructure and transportation facilities and, when applicable, the natural resource characteristics of these areas.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Within any area subject to a C-T overlay, only the following uses shall be permitted:

(a)

Any use permitted in the underlying zoning district. Land uses shall be permitted per the underlying zoning district as defined in Table 138-355—Table of Uses in article III, division 3.

(b)

Permanent transient accommodation use up to the maximum densities and intensities provided for by the C-T overlay, subject to meeting the requirements of subsection 138-1402(d).

(c)

Such other uses that would be similar to those listed in this section and that would be consistent with the definition of the C-T overlay.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

The maximum height of structures subject to the application of a C-T overlay shall be as established in the underlying zoning district, except that the height of a permanent transient accommodation may be increased up to a maximum height of 100 feet if the following conditions are met:

(1)

The transient accommodation use requirements of subsection 138-1400.2(d) have been achieved.

(2)

The site consists of a minimum of five acres.

(3)

Any height allowed for a site that exceeds the maximum height established in the underlying zoning district shall be included within a development agreement developed and approved pursuant to subsection 138-1402(d)(1).

(4)

Any height allowed for a site that exceeds the maximum height established in the underlying zoning district must be compatible with adjoining property uses and with the character of the surrounding community.

(b)

The minimum building site area requirements for properties subject to the application of a C-T overlay shall be as established in the underlying zoning district.

(c)

The maximum area of land coverage shall be as established in the underlying zoning district, with the exception of transient accommodation uses that meet the requirements of subsection 138-1402(d), which use shall not exceed the floor area ratios (FAR) and impervious surface ratios (ISR) in the following table:

(d)

The standard transient accommodation densities and intensities specified in the underlying zoning district shall be utilized, unless the requirements of this section have been achieved, in which case the higher densities and intensities specified in the table in subsection 138-1402(c) may be used. A permanent transient accommodation use may utilize these higher densities and intensities, subject to the following:

(1)

A development agreement prepared and approved pursuant to chapter 134, article VII and the applicable Florida Statutes that addresses at a minimum the following:

a.

The ability of the county, or the applicable service provider, to meet the concurrency management standards identified in Policy 1.5.1 of the Capital Improvements Element of the Pinellas County Comprehensive Plan.

b.

Provision for all transient accommodation 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 Comprehensive Plan. All transient accommodation uses which are located in the coastal storm area, as identified in the Pinellas County Comprehensive Plan, shall prepare a legally enforceable mandatory evacuation/closure covenant, stating that the transient accommodation use will be closed as soon as practicable after a hurricane watch is posted for Pinellas County by the National Hurricane Center. A plan implementing the closure and evacuation procedures shall be prepared and submitted to the county emergency management coordinator prior to 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 emergency management coordinator.

c.

Design considerations in subsection 138-1402(d)(3), the transportation concurrency management provisions in subsection 138-1402(d)(4), and the restrictions on transient accommodation use in subsection 138-1402(d)(5).

d.

A requirement that prior to issuance of building permits the conditions and restrictions in subsection 138-1402(d)(1)c. are generally described in a recorded deed restriction, which shall be perpetual and may be amended or terminated only with the consent of the county, which consent shall not be unreasonably withheld.

(2)

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

(3)

For locations where the underlying zoning district is not subject to design criteria, 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, facade treatment, entrance and porch or balcony projections, window patterns and roof forms. Building design considerations are optional for inclusion in the development agreement unless they are required to be included in order to meet requirements of the underlying zoning district or other applicable provision(s) of the County Comprehensive Plan or Land Development Code (e.g., the county's Historical Preservation Code).

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.

(4)

A project authorized to use the increased density and intensity provided by a C-T overlay shall be subject to a transportation analysis that is consistent with the Metropolitan Planning Organization's (MPO) methodology, which includes the following:

a.

Recognition of standard data sources as established by the MPO.

b.

Identification of level of service standards for state and county roads as established in the Pinellas County Comprehensive Plan.

c.

Use of proportionate fair share requirements consistent with the Pinellas County Comprehensive Plan and the county's land development regulations.

d.

Use of the MPO traffic impact study methodology.

e.

Recognition of the designation of "deficient roads" as set forth in the most current Pinellas County concurrency test statement.

(5)

To ensure that a project authorized to use any portion of the transient accommodation uses at the higher densities and intensities provided for by the application of a C-T overlay is built, functions, operates, and is occupied exclusively as transient accommodation, the project shall comply with the following restrictions:

a.

No transient accommodation unit shall be occupied as a residential dwelling unit, and a maximum length of stay for any consecutive period of time shall be established by Pinellas County to ensure that any transient accommodation use does not function as a residential use.

b.

Transient accommodation units shall not qualify or be used for homestead or home occupation purposes.

c.

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

d.

No conversion of transient accommodation units to residential dwelling units shall be permitted unless the conversion is in compliance with the Pinellas County Comprehensive Plan with respect to the permitted residential density and, where applicable, the intensity for associated nonresidential uses.

e.

A transient accommodation 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 transient accommodation uses. All such uses shall be included in the calculation of allowable floor area ratio.

f.

Any license required of a transient accommodation use by Pinellas County and/or a state agency shall be obtained and kept current.

g.

Transient accommodation uses shall be subject to all applicable tourist development tax collections.

h.

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

i.

Transient accommodation uses must have sufficient signage that complies with the Pinellas County Land Development Code and is viewable by the public designating the use as a transient accommodation use.

j.

The books and records pertaining to use of each transient accommodation unit shall be open for inspection by authorized representatives of Pinellas County, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.

k.

Pinellas County may require affidavits of compliance with this section from each transient accommodation use and/or unit owner.

(6)

A copy of an approved development agreement prepared pursuant to this section shall be recorded with the clerk of the circuit court, a copy filed with the property appraiser's office, and a copy submitted to the Pinellas Planning Council and the countywide planning authority for receipt and filing within 14 days after recording.

(e)

For areas subject to the application of a C-T overlay, the minimum setbacks established in the underlying zoning district shall apply. Where the height of a permanent transient accommodation is allowed to exceed the maximum height established in the underlying zoning district pursuant to subsection 138-1400.2(a), the additional following minimum setback requirements shall apply:

(1)

That portion of a building height above 50 feet to 75 feet requires a minimum setback of 65 feet on all sides.

(2)

That portion of a building height above 75 feet to 100 feet requires a minimum setback of 80 feet on all sides.

(f)

The following special requirements apply in areas subject to the application of a C-T overlay:

(1)

Performance standards: See article IX, division 14 of this chapter.

(2)

Commercial vehicles may be stored on site within this district when utilized in conjunction with an approved use. This shall not include the use or storage of heavy equipment or semi-tractors/trailers.

(3)

Compatibility with the comprehensive plan: a C-T overlay may be utilized in areas classified by the future land use map as follows:

a.

Residential/office/retail (R/O/R).

b.

Commercial recreation (CR).

c.

Commercial general (CG).

d.

Employment (E).

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

C-Ts shall be indicated on the zoning atlas by an overlay pattern or shading, as deemed appropriate.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

The purpose of a WPO, Wellhead Protection Overlay, is to designate and protect lands that possess high quality natural groundwater aquifer recharge functions.

WPOs protect the health, safety and welfare of the residents and visitors of the county and strive to achieve the goal of the comprehensive plan to protect the functional integrity of natural groundwater aquifer recharge areas and wellheads in a manner that preserves and enhances water quality. Because the county is dependent on groundwater for its potable water supply, it is imperative to protect the function of the water recharge areas. Large amounts of impervious surfaces, seepage from landfills, septic systems, urban runoff and storage tanks all potentially degrade the function of the recharge areas.

It is the intent of this section to protect high quality groundwater recharge areas via the application of the additional land use controls provided by WPOs.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

The uses and associated regulations of chapter 166, article IV of this land development code are adopted by reference and shall apply to those areas subject to the application of a WPO.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

WPOs are generally located in the northeastern portion (planning sector 2) of the county and shall encompass the area described in chapter 166, article of this Land Development Code.

(a)

Interpretation of boundary:

(1)

Properties located wholly within a WPO shall be governed by the provisions of that overlay.

(2)

Properties having parts lying within a WPO shall be governed by the provisions of that overlay.

(b)

The boundaries of a WPO, as described above, shall be indicated on the zoning atlas by an overlay pattern or shading, as deemed appropriate by the county administrator or designee.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)