The specific use standards listed for individual land uses in this article are intended to ensure such uses are compatible with zoning districts and the intended surrounding character.

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

These specific use standards apply to individual uses and may differ from the development standards established for other uses in the same zoning district. The standards of this article supplement the other requirements of this Code. When a dimensional standard for a specific use differs from that of the underlying district, the specific use standards shall apply. The criteria set forth in this article are eligible to seek flexibility and adjustment pursuant to the variance provisions of chapter 138, article II, division 7.

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

(a)

Purpose. Accessory dwelling units are intended to provide additional housing that is incidental to a primary use while ensuring that the intended district character is protected. Accessory dwelling units are intended to provide guest housing, security residence, and/or affordable housing options.

(b)

Applicability. The provisions of this section shall apply to the establishment of a new accessory dwelling unit and expansion of any existing accessory dwelling unit.

(c)

Standards.

(1)

In residential districts, accessory apartments, garage apartments, and guest houses may be permitted as accessory uses to any single-family detached home in all residential districts subject to the applicable district regulations and the following requirements:

a.

The accessory dwelling unit shall not exceed 1,000 square feet, or 750 square feet if the property is within the Coastal Storm Area or flood hazard areas established in Land Development Code Section 158-23. Unconditioned space that is connected to and serves the accessory dwelling unit (e.g., garage or storage space for the accessory dwelling unit) is counted toward the size calculation of the accessory dwelling unit. Larger accessory dwelling unit area may be approved pursuant to Section 138-77.

b.

There shall be only one accessory dwelling unit per lot or parcel of ownership.

c.

Either the primary dwelling unit or the accessory dwelling unit shall be owner-occupied. This requirement may be waived if both the primary dwelling unit and the accessory dwelling unit qualify as affordable to households at 80 percent or below of the median family income as defined consistent with the provisions of Chapter 420 Florida Statutes, and are under a Land Use Restrictive Agreement (LURA) for a minimum period of 20 years.

d.

All applicable district regulations pertaining to setbacks, building height and lot coverage provisions shall be met. The building height of a detached accessory dwelling unit shall not exceed the building height of the primary dwelling unit, unless it is required under Chapter 158, however, it shall not exceed the number of stories of the primary dwelling unit.

e.

Separate metered utility connections for the accessory dwelling unit may be permitted.

f.

Mobile homes and recreational vehicles shall not be used as accessory dwelling units.

g.

Must meet the minimum requirements for a dwelling unit in accordance with the Florida Building Code.

h.

The accessory dwelling unit may be attached to the primary unit or be separate/detached.

i.

An accessory dwelling unit must have an entrance that is separate from the primary unit, and it must contain sleeping quarters, a bathroom, and a full kitchen with sink, cooking unit, and refrigerator.

j.

Applicable development review fees shall be waived for accessory dwelling units.

(2)

In nonresidential districts, one accessory dwelling unit for an owner or employee (i.e., a caretaker, night watchman, guard, manager, etc.) may be permitted as an accessory use to an office, commercial or industrial activity, provided that such residential use is limited to one dwelling unit per parcel of land and such a dwelling unit shall not cause the maximum lot coverage to be exceeded, subject to the following requirements:

a.

The accessory dwelling unit shall not exceed 1,000 square feet, or 750 square feet if the property is within the Coastal Storm Area or flood hazard areas established in Land Development Code Section 158-23. Larger accessory dwelling unit area may be approved pursuant to Section 138-77.

b.

Mobile homes and recreational vehicles shall not be used as accessory dwelling units.

(3)

Accessory dwelling units are exempt from district density limitations. Accessory dwelling units larger than 750 square feet must have at least one dedicated off-street parking stall.

(d)

Include a signed declaration of land restriction acknowledging owner occupancy requirements including a non-conversion acknowledgment of ground level open-air building footprint area to enclosed space to not exceed allowable maximum square footage thresholds. The signed declaration shall be recorded with the property deed prior to issuance of the certificate of occupancy.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 47, 4-27-21; Ord. No. 24-22, § 7-30-24)

(a)

Purpose. Affordable housing developments (AHDs) may occur throughout the county while ensuring compatibility to the surrounding context and providing certain incentives. The purpose is also to implement the affordable housing goals, objectives, and policies in the Pinellas County Comprehensive Plan.

(b)

Applicability. The specific use standards of this section shall be applicable to the development, expansion, and operation of AHDs. Applicable projects shall meet the affordable housing definitions from the State Housing Initiatives Partnership (SHIP) and/or Community Development Block Grant Program (CDBG).

(c)

Standards.

(1)

Development standards.

a.

Affordable housing developments may be constructed/established as a variety of housing types; however, tents, mobile homes constructed prior to June 1994, and recreational vehicles shall not be permitted to be used as affordable housing units under the provisions of this section.

b.

The affordable housing developments allowable density shall be based on the underlying future land use map classification and any further limitations per the future land use element of the comprehensive plan.

(2)

Incentives. The following incentives may be applied to affordable housing developments to encourage the provision of affordable housing:

a.

Affordable housing developments may be granted density bonuses and development standard flexibility as part of the development review process. Bonuses may be granted in accordance with the comprehensive plan and when it is demonstrated that the development will be compatible with the surrounding neighborhood in terms of scale and building character. A density bonus shall not be allowed for affordable housing developments located within the coastal storm area.

b.

Lot sizes may be reduced below the district minimum standard when a density bonus is granted to the AHD and it is demonstrated that the development will be compatible with the surrounding neighborhood in terms of scale and character.

c.

Setback requirements may be reduced when it is demonstrated that the development will be compatible with the surrounding neighborhood in terms of scale and building character.

d.

On-site parking requirements may be reduced to match the projected parking demand for the development. The applicant shall demonstrate through a technical memorandum or similar analysis that a reduction will not cause an adverse impact to the surrounding neighborhoods.

e.

An expedited review process may be allowed for affordable housing developments. The county administrator or designee may allow for an expedited review process; however, all public notice requirements shall be applicable. At the applicant's request, the project site plan review process may occur concurrently to any required Type 2 review.

f.

Review fees may be waived for affordable housing developments. The county administrator is authorized to waive all review fees for affordable housing units, except where "bond covenants" (i.e., on water, sewer connection fees) or other legal constrains prevent such waiving.

g.

Zero lot line configuration will be permitted in all single-family residential districts as follows:

1.

Zero lot line configuration when not located on the periphery of the AHD may be permitted provided no setback is required on one side of the lot and the setback on the opposite side is double on one side of the lot and the setback on the opposite side is double the normal requirement of the district in which the AHD is located.

2.

Zero lot line configuration proposed on the periphery of an AHD where located in a single-family residential district may be permitted as a Type 2 use pursuant to article II division 7 of this chapter.

h.

Street design. Modification in street layout and design may be permitted subject to site constraints, type and intensity of development and compatibility with surrounding development. The county administrator or his designee may recommend such modifications as deemed appropriate to achieve the intent of this section. However, such recommendation will be in keeping with standard, safe engineering practice and construction standards generally shall not be modified.

i.

Donation of publicly owned land. County ordinance 88-47 currently permits donations of escheated property to nonprofit organizations. Using state or federal housing funds, the county may also make deferred payments or low-interest loans to both nonprofits and for-profits for the purchase of property when the use meets the requirements of the funding source.

j.

Identifying qualified buyers or renters. Existing sources will be identified and made available to AHDs to provide assistance in locating a qualified pool of eligible home buyers and renters for the affordable units. The housing and community development department will make this information available.

k.

Non-conforming mobile home parks may be redeveloped as affordable housing, subject to a Type 2 review, in accordance with section 38-100.

(3)

Procedure for obtaining approval of affordable housing developments.

a.

The housing and community development department shall determine if the proposed affordable housing development meets the definitional criteria of affordable housing. Such criteria shall be contained in a manual prepared by the housing and community development department and adopted by resolution of the board of county commissioners.

b.

The housing and community development department will assist the applicant in seeking fee waiver, subsidies, expedited plan review, and other incentives available to promote the construction of affordable housing if: 1. The housing and community development department determines that the AHD proposal meets these criteria; and 2. The applicant is not requesting a density bonus and/or development standard flexibility.

c.

Where the housing and community development department finds that the AHD proposal meets the definitional criteria AND the applicant seeks a density bonus and/or development standard flexibility, refer to article II, Table 138-77—Review Type and Approval, of this chapter for the appropriate approval process.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 48, 4-27-21)

(a)

Purpose. Assisted living facilities (ALFs) are residential communities where a person lives in a group living environment where various levels of services are provided to assist in their daily needs, consistent with the criteria in F.S. ch. 429, part I. ALFs shall be developed and operated in a manner that is compatible with the surrounding neighborhood and connected to nearby services. It is intended to create a living environment that is easily accessible for pedestrians and persons with impaired mobility.

(b)

Applicability. The provisions of this section shall apply to all new, existing, and expanding assisted living facilities.

(c)

Standards.

(1)

In single-family districts, the proposed building materials shall complement and be architecturally compatible with other residential structures in the immediate neighborhood.

(2)

A designated pedestrian pathway shall be provided between the main building entrance and the nearest adjacent street.

(3)

Facilities shall be developed with at least ten percent of the site area to be reserved and/or improved as common open space.

a.

This open space area may be combined with other open space requirements of the zoning district.

b.

Required common open space shall be usable for parks, recreation, and/or retained for natural resource protection.

(4)

The allowable density shall be based on the underlying future land use map classification.

(5)

Assisted living facilities may be constructed/established as a variety of housing types.

(6)

New or expanded assisted living facilities are prohibited within the coastal storm area, the area inundated by a category 2 hurricane, or a floodway, as defined by this chapter. This restriction does not preclude substantial improvements or the replacement of an existing facility as long as its use as an assisted living facility has not been abandoned, and the improvements or replacement do not result in additional beds.

(7)

Assisted living facilities having six or fewer beds are considered a Type 1 use in all residential zoning districts but shall not be located within 1,000 feet of another such facility.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 49, 4-27-21)

(a)

Purpose. Community residential homes provide for safe housing for those who require their service while ensuring compatibility to the surrounding neighborhood, consistent with the criteria in F.S. § 419.001. Community residential homes should closely resemble a typical residential unit as opposed to a commercial or institutional building. Community residential homes are provided in two categories based on the number of residents: Category 1: 1 to 6 residents; and Category 2: 7 to 14 residents.

(b)

Applicability. The provisions of this section shall apply to all new, existing, and expanding community residential homes and their accessory structures.

(c)

Standards.

(1)

A new community residential home shall not be located within 1,000 feet of another such facility.

(2)

Each community residential home shall be designed, maintained, and operated so as to be compatible with the neighborhood and should provide a style of life which is substantially similar to that of natural families living in the neighborhood.

(3)

These facilities, when required, shall be licensed by the appropriate state licensing entity. The granting of a Type 1 or 2 approval shall not be deemed effective until such license has been issued.

(4)

New community residential home units are prohibited within the coastal storm area, the area inundated by a category 2 hurricane, or a floodway.

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

(a)

Purpose. Dormitories are intended to provide sleeping accommodations for unrelated persons who are registered students and/or employees of an educational and/or religious institution on a seasonal or year-round basis. Dormitories are managed by the institution at which the students/employees are associated. Dormitories should closely resemble typical multifamily structures when located within or adjacent to residential neighborhoods.

(b)

Applicability. The provisions of this section shall apply to all dormitory development, expansion, and operation.

(c)

Standards.

(1)

Dormitories shall be associated with or accessory to an educational or religious institution. Residents shall be either employed or enrolled in the associated educational and/or religious institution.

(2)

Dormitories may be located on a separate lot or parcel from the educational/religious institutional they serve. Dormitories should be located within the general vicinity, typically within one-half mile, of the institution in which they are associated.

(3)

Individual dormitory units shall not have full kitchens. Shared, fully-equipped cooking facilities may be available to a grouping of units.

(4)

Dormitory density may be calculated as a residential equivalent use and based on the underlying future land use map classification.

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

(a)

Purpose. Multifamily, single-family attached with more than two units, live-work, and three-family residential dwelling units are intended to be developed, expanded, and maintained to accommodate, enhance or improve the immediate vicinity in terms of scale, orientation, and accessibility.

(b)

Applicability. The provisions of this section shall apply to all multifamily, single-family attached with more than two units, live-work, and three-family development and expansion.

(c)

Standards.

(1)

In the one, two and three-family residential (R-4) and urban residential (R-5) districts the following standards shall apply:

a.

Multifamily and single-family attached exterior building materials shall complement and be architecturally compatible with other residential structures in the immediate neighborhood.

b.

Entrances for single-family attached residential units shall be oriented to an adjacent street, alley, open space area, or internal courtyard.

c.

Multifamily and single-family attached buildings shall not exceed an overall length of 120 feet.

(2)

In commercial and industrial planned development districts the following standards shall apply:

a.

Residential units shall not be located along the ground floor facades of any building fronting an arterial or collector street.

b.

Common entrances, reception areas, rental offices, and similar residential accessory uses may occupy the ground floor facadeof any building fronting an arterial or collector streets.

c.

Single-family attached properties, where permitted in the C-1, C-2 and CP zoning districts, shall be subject to a minimum lot size of 1,400 square feet.

(3)

Multifamily development is subject to the following standards:

a.

Multifamily units shall provide a minimum of ten percent of the site area to be reserved and/or improved as common open space.

1.

This open space area may be combined with other open space requirements of the zoning district.

2.

Required common open space shall be usable for parks, recreation, and/or retained for natural resource protection to ensure usability. Enclosed recreation spaces may count toward the minimum requirement.

b.

At least 50 percent of street facades shall have architectural articulation.

c.

A six-foot high opaque wall or fence shall be provided along rear and side property lines that abut a single-family attached and/or detached lot. A fence is not required for the portions between the front building facade and an abutting street. A fence is not required for portions that abut an alley.

(4)

Live-work units are subject to the following standards:

a.

Live-work units are permitted up to one-half of the unit area to be used for retail sales and service, office, and/or educational purposes.

b.

The nonresidential operations shall be conducted in part by at least one occupying resident of the live-work unit.

c.

Nonresidents are permitted to be employed at the live-work unit.

d.

The nonresidential component must meet the use requirements of the zoning district. The uses shall have shared connections and amenities.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 50, 4-27-21; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. The purpose of this section is to recognize the need for home-based businesses and establish standards for operation.

(b)

Applicability. The provisions of this section shall apply to all home based businesses.

(c)

Standards.

(1)

A home-based business that operates from a residential property may operate in an area zoned for residential use, and shall not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses, except as otherwise provided in this section.

(2)

A business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the following criteria:

a.

The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

b.

Parking related to the business activities of the home-based business must comply with zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the home-based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. The standards of section 122-37 of the Pinellas County Code regarding the storage, parking, and maintenance of prohibited vehicles and equipment in residential zoning districts shall apply.

c.

As viewed from the street, the use of the residential property must be consistent with the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

d.

The activities of the home-based business must be secondary to the property's use as a residential dwelling.

e.

The business activities must comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors, but such local regulations may not be more stringent than those regulations that apply to a residence where no business is conducted.

f.

All business activities must comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids, but such local regulations may not be more stringent than those regulations that apply to a residence where no business is conducted.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 51, 4-27-21; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. Modern manufactured homes (MMH) are structures built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities. MMHs are fabricated in an offsite manufacturing facility after June 1, 1994, in one or more sections, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act. MMHs are designed to be transported for installation or assembly at the building site. Modern manufactured homes shall be planned, sited, and maintained in a manner to ensure compatibility with the surrounding neighborhood in terms of scale, orientation, and building character.

(b)

Applicability. The standards in this section shall apply to all new, replacement, or modified modern manufactured homes. This section does not apply to recreational vehicles, mobile homes, or modular homes.

(c)

Procedures for approval. Approval of modern manufactured homes shall be authorized by the county administrator or designee.

(1)

An application for a modern manufactured home placement shall be submitted to the county administrator or designee. Such applications shall include all information necessary to make determinations as to conformity with the standards in this section, including photographs of all sides of the modern manufactured home, exterior dimensions, roof pitch, roof materials, exterior finish, and other information necessary to make determinations.

(2)

Within 14 days of receipt of the application and all required supporting materials, the county administrator or designee shall approve, approve with conditions, or deny the application for a modern manufactured home placement. Conditional approval shall be granted only where the conditions and reasons therefor are stated in writing and agreed to by the applicant, and such conditions shall be binding upon the applicant. In the case of denial, the reasons therefor shall be stated in writing.

(d)

Standards for determination of similarity in exterior appearance. The following standards shall be used to determine modern manufactured home compatibility with the surrounding neighborhood.

(1)

Minimum dimension of main body. Minimum dimension of the main body of the modern manufactured home shall not be less than 20 feet, as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.

(2)

Minimum roof pitch; minimum roof overhang; roofing materials. Minimum pitch of the main roof shall be not less than three feet of rise for each 12-feet of horizontal run and minimum roof overhang shall be one foot. In cases where site-built housing generally has been constructed in adjacent or nearby locations with lesser roof pitches and/or roof overhangs of less than one foot, then the modern manufactured home may have less roof pitch and overhang, similar to the site-built houses. In general, any roofing material which is generally used for site-built houses in adjacent or nearby locations may be used, except that a built-up composition roof may not be used.

(3)

Exterior finish; light reflection. Only material for exterior finish which is generally acceptable for site-built housing which has been constructed in adjacent or nearby locations may be used, provided, that reflection for such exterior shall not be greater than that from siding coated with clean white gloss exterior enamel.

(4)

Approved foundations required in residential districts. No modern manufactured home shall be placed or occupied for residential use on a site in a residential district until such foundation plans have been submitted to and approved by the county administrator or his/her designee, who will determine if the appearance and durability of the proposed is acceptably similar or compatible in appearance to foundations of residences built on adjacent or nearby sites. All homes shall be placed on permanent foundations.

(5)

Site orientation of the manufactured home. Modern manufactured homes shall be placed on lots in such a manner compatible with and reasonably similar in orientation to the site-built housing which has been constructed in adjacent or nearby locations.

(6)

Garages, carports required. In cases where a modern manufactured home is located adjacent to site-built homes which include garages and/or carports, a garage and/or carport is required.

(7)

Compatibility with nearby site-built housing. Modern manufactured homes shall be compatible with site-built housing in the neighborhood within the same zoning district. Approval for a modern manufactured home shall not be granted unless it is found that the dwelling is substantially similar in size, siding, material, roof pitch, roof material, foundation and general appearance to site-built housing which may be permitted by the zoning and/or building code in the neighborhood in the same zoning district.

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

(a)

Purpose. Outdoor storage, residential is intended to allow for the retention/storage of residential household items outside of the home, garage, or accessory structure for routine or seasonal use. Items shall be organized, arranged, stored, and/or maintained in such as manner as to not cause any general health and welfare concerns, environmental concerns, block emergency access to the property, or otherwise cause a nuisance.

(b)

Applicability. The provisions of this section shall apply to all residentially zoned properties and/or properties being used primarily for residential purposes within unincorporated Pinellas County.

(c)

Standards. Residential outdoor storage areas shall meet the following requirements:

(1)

All items must be stored on private property and shall be located behind a privacy fence or otherwise generally screened from public view.

(2)

No items shall be stored in the public right-of-way, alley, or other areas generally accessible to the public.

(3)

No items shall be stored within an easement that would otherwise prevent or preclude the intent of the easement such as drainage, access to utilities, and access to another piece of property, etc.

(4)

Items stored outside shall have some discernable value and shall be maintained in working order.

(5)

The item(s) stored outdoor shall be intended for outdoor use.

(6)

The outdoor storage of such items shall not cause a harmful by products, such as, but not limited to leaking, disintegrating, or deterioration.

(7)

The storage of outdoor items does not result in the accumulation of stagnant water that can become breeding ground for mosquitos.

(d)

Illustrative examples of permissible outdoor storage items:

(1)

Refuse and recycling containers.

(2)

Firewood, neatly stacked and organized.

(3)

Fire pits and barbeque grills.

(4)

Outdoor furniture such as umbrellas, seating, tables, art installations, etc.

(5)

Children's backyard playgrounds such as tree house, swing sets, jungle gyms, etc.

(6)

Recreational equipment intended for outdoor use such as kayaks, bicycles, tennis court equipment cabinets, etc.

(7)

Accessory structures for household pets or permitted animals such as dog houses, stables, barns, pig pens, etc.

(e)

Illustrative examples of items not appropriate for outdoor storage:

(1)

Home or commercial building supplies.

(2)

Engine parts or equipment not being used by the residence.

(3)

Indoor household items such as mattresses, indoor carpet, indoor furniture.

(4)

Excessive amounts of firewood or yard debris.

(5)

Items of no value, trash and debris.

(6)

Gym equipment.

(7)

Paints, solvents, or other hazardous materials.

(8)

Damaged or discarded vehicles or vehicle parts.

(9)

Prohibited vehicles as regulated per section 122-37 of the Pinellas County Code.

(10)

Commercial equipment, machinery and building supplies.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 52, 4-27-21; Ord. No. 25-3, § 1, 1-28-25)

(a)

Purpose. Property management office and maintenance facility is an office that provides management and maintenance services for a particular residential or golf course project. A property management office may include personnel, accounting, and similar administrative functions as well as equipment storage and workshop areas required for the maintenance of the residential and/or golf course project.

(b)

Applicability. The provisions of this section shall apply to all residential- or golf course-related property management offices and maintenance facilities.

(c)

Standards. Property management offices and maintenance facilities shall meet the following requirements:

(1)

The property management office is located on a parcel that does not exceed three acres and is a part of or contiguous to the residential and/or golf course project to be managed;

(2)

All storage and maintenance of equipment is enclosed within a building, except for washing of equipment when screened by an opaque fence at least six feet in height from adjacent residential uses per the performance standards of article X, division 4 of this chapter; and

(3)

Storage and workshop/maintenance shall not exceed 50 percent of the enclosed building area.

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

(a)

Intent and legislative findings.

(1)

The board of county commissioners hereby recognizes that the efficient and proper handling and disposal of solid waste may nonetheless create various effects and impacts that have been determined to generate complaints from nearby residential properties.

(2)

The board of county commissioners also finds and recognizes that allowing increasing numbers of nearby residential properties will likely generate a greater volume of complaints and impede the ability of the county to perform its solid waste disposal obligations.

(3)

It is hereby declared that the board of county commissioners does not intend to allow further residential development of properties not currently zoned for residential use, such that the development will impact the ability of the county to perform its solid waste disposal obligations now or in the future.

(4)

It is further declared that the board of county commissioners finds that the separation of incompatible residential development from the Pinellas County Solid Waste Disposal Facilities is directly concerned with the provision of countywide solid waste disposal services.

(5)

The board of county commissioners further makes a legislative finding that there is a rebuttable presumption that residential uses within 2,000 feet of the Pinellas County Solid Waste Facilities are incompatible with the long-term provision of the essential countywide solid waste disposal services.

(6)

It is the intent of the board of county commissioners that this article be the ordinance, "that regulates the setback of residential uses from a county-owned solid waste disposal facility," referred to in changes to the countywide future land use plan relating to the industrial limited classification made by the board sitting as the countywide planning authority on January 6, 2004.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Pinellas County Solid Waste Disposal Facilities or county-owned solid waste disposal facilities shall mean the entirety of that real and tangible personal property currently owned or controlled by Pinellas County, as of the effective date of this article, in fee simple, by contractual obligation or otherwise, currently used or contemplated to be used for solid waste handling, collection or transfer operations, processing, incineration, or disposal, as those activities are currently regulated by the state department of environmental protection. The facilities shall include but not be limited to the Bridgeway Acres landfill, the Pinellas County Waste to Energy Resource Recovery Facility, and the Pinellas County Sod Farm property. The term shall not include the closed Toytown Landfill.

Landfill easement shall mean a deed restriction, easement, or covenant to run with the land placed upon the entirety of a development project that does all of the following:

(1)

Exists in perpetuity.

(2)

Requires written notification prior to closing by each seller of real property to potential buyers of that real property of the existence, location, and nature of the Pinellas County Solid Waste Disposal Facilities. The required notification shall include a statement that the Pinellas County Solid Waste Disposal Facilities process and dispose of over 1,000,000 tons of municipal solid waste per year and include current contact information for the Director of Pinellas County Solid Waste Operations.

(3)

Requires written notification by each lessor of real property, within any lease or rental agreement, to potential lessees of that real property of the existence, and location, and nature of the Pinellas County Solid Waste Disposal Facilities. The required notification shall include a statement that the Pinellas County Solid Waste Disposal Facilities process and dispose of over 1,000,000 tons of municipal solid waste per year and include current contact information for the Director of Pinellas County Solid Waste Operations.

(4)

Recognizes that the Pinellas County Solid Waste Disposal Facilities may eventually reach a height of at least 150 feet above existing grade and possibly higher if allowed by applicable permitting authorities.

(5)

States that failure by a seller or a lessor to provide both a copy of the deed restriction, easement or covenant running with the land and the notice required by subsections (2) or (3) above, as applicable, shall create a rebuttable presumption of fraud in the inducement to the contract for sale or lease.

(6)

That the terms of the deed restriction, easement or covenant running with the land shall inure to the benefit of the other owners or tenants of the development project as well as to Pinellas County, and shall be enforceable by any of those entities in circuit court.

(c)

Regulation of solid waste disposal facilities/preemption. Pursuant to its countywide authority under the Pinellas County Charter Section 2.04(b), and the preemption contained in The Pinellas County Solid Waste Disposal and Resource Recovery Act § 15, the board of county commissioners hereby declares that all other local government or municipal ordinances, regulations, rules, special exceptions, conditions, permits or other limitations upon the Pinellas County Solid Waste Disposal Facilities are void and of no effect to the extent that they attempt to limit any actions of Pinellas County with respect to the operation, construction, improvement, or maintenance of the Pinellas County Solid Waste Disposal Facilities.

(d)

Use restrictions/buffers. No residential development of any type shall be permitted within 2,000 feet of the boundary of the Pinellas County Solid Waste Disposal Facilities without a variance issued pursuant to subsection (g).

(e)

Regulations not retroactive. The regulations prescribed by this section relating to uses of property outside the boundaries of the Pinellas County Solid Waste Disposal Facilities shall not be construed to affect any structure not conforming to the regulations prior to the effective date of the ordinance from which this section is derived, or otherwise interfere with the continuance of any existing nonconforming use. Nothing contained in this section shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance. Nothing in this section shall be construed to affect land uses permitted under countywide future land use rules in effect prior to March 31, 2004. Nothing in this section shall prohibit a property owner from reconstructing or altering a residential structure which is either existing or approved for construction prior to the effective date of the ordinance from which this section is derived and no provision of this section shall apply to any reconstruction or alteration of such existing or approved residential structures.

(f)

Enforcement of section. It shall be the duty of the county administrator or designee to administer and enforce the regulations prescribed in this section.

(g)

Variance procedures. Variances and modifications to the provisions of this section may be processed and reviewed pursuant to chapter 138, article II, division 7, variances, waivers, and administrative adjustments.

(h)

Territory embraced. All territory within the legal boundaries of Pinellas County, Florida, including all incorporated and unincorporated areas, shall be embraced by the provisions of this section.

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

(a)

Purpose. Bed and breakfast establishments are intended to be building(s) of a residential character other than a hotel, motel, or other transient accommodation which provides daily overnight accommodation and morning meal service to guests in return for payment. In residential districts, bed and breakfast establishment uses are intended to be compatible to the surrounding uses in the neighborhood in terms of scale, appearance, and operation.

(b)

Applicability. This section shall apply to bed and breakfast establishment uses.

(c)

Standards.

(1)

In residential districts the following standards shall apply:

a.

Buildings shall not exceed an overall length of 120 feet.

b.

The permitted number of overnight rooms shall be based on the underlying future land use category. In addition, the maximum number of overnight rooms is limited to six for lots under 10,000 square feet and limited to 12 for lots 10,000 square feet or greater.

(2)

Food service shall be limited to overnight guests.

(3)

On-site management — An owner or manager shall reside on the premises of each bed and breakfast.

(4)

Special functions — A bed and breakfast may conduct indoor and outdoor special functions, including, but not limited to, receptions, showers, parties, and weddings.

a.

Each bed and breakfast which provides special functions shall create a parking plan to accommodate all vehicles for the anticipated number of driving guests at each special function in cases where the anticipated attendance exceeds that which can be accommodated with on-site parking. The parking plan shall be approved as a Type 1 review.

b.

A bed and breakfast located within a residential zoning district may be permitted to conduct special functions as part of the Type 2 approval.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

(a)

Purpose. Hotels and motels are intended to provide temporary accommodations for tourists, visitors, and business travelers for relatively short periods of time. Hotel and motels are intended to be compatible with the surrounding character in terms of scale, accessibility, and services. Hotels/motels in residential districts should respond to the scale of the neighborhood. Hotels/motels in industrial districts should service accommodation needs for nearby employers but are limited in size to protect viable employment land.

(b)

Applicability. The provisions of this section shall apply to hotels, motels, and similar uses providing for temporary accommodations.

(c)

Standards.

(1)

At least 50 percent of street facades shall have architectural articulation.

(2)

Accessory uses such as alcohol dispensing lounges, food service, and recreational facilities shall be considered ancillary and generally intended for overnight guests. Uses that are generally intended to serve non-overnight guests shall seek separate land use approval pursuant to Table 138-355—Table of Uses for Zoning Districts.

(3)

Hotel/motel uses may not be converted to a condominium form of ownership unless the underlying residential density and other applicable code requirements are met.

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

(a)

Purpose. The intent of short term rentals is to allow for an individual dwelling unit to be rented to an individual or party at a lease term that is less than one month while protecting the immediate vicinity from associated negative impacts. Short term rentals generally occur in typical residential units and mostly within residential neighborhoods.

(b)

Applicability. This section will apply to short term rentals consisting of individual dwelling units and the rental periods for said unit is more than three times in a calendar year for periods of 30 days or less.

(c)

This section is not applicable to hotels/motels and bed and breakfast uses, or other residential dwelling units that are rented for periods over one month.

(d)

Areas Embraced. The areas embraced by this chapter will be all lands within the unincorporated area of Pinellas County.

(e)

Definitions. The following terms as used in this article are defined as set forth hereinafter:

Bedroom means a room that can be used for sleeping and that:

(1)

For site-built dwellings, has a minimum of 70 square feet of conditioned space and minimum ceiling height in accordance with the Florida Building Code and complies with the Pinellas County Code Section 22-300 (dwelling space);

(2)

For manufactured homes, is constructed according to the standards of the United States Department of Housing and Urban Development and has a minimum of 50 square feet of floor area;

(3)

Is located along an exterior wall;

(4)

Has a closet and a door or an entrance where a door could be reasonably installed;

(5)

Has an emergency means of escape and rescue opening to the outside in accordance with the Florida Building Code;

(6)

A room may not be considered a bedroom if it is used to access another room except a bathroom or closet;

(7)

"Bedroom" does not include a hallway, bathroom, kitchen, living room, family room, dining room, den, breakfast nook, pantry, laundry room, sunroom, recreation, media/video room, or exercise room.

Inspection for purposes of the application of this section means an onsite review of the subject property by Pinellas County staff for minimum life/safety requirements in accordance with the Florida Building Code and Florida Fire Prevention Code.

Occupancy refers to the number of adults and minors regularly present within the boundary of the property.

Owner means the person or entity holding legal title to the short term rental property, as reflected in the Pinellas County Tax Collector's records.

Responsible party means the owner, agent, or any person 18 years of age or older designated by the owner, tasked with responding to requests for inspections, complaints, and other problems relating to or emanating from the short term rental of the transient public lodging establishment. The responsible party must be authorized to act on behalf of the owner to report issues of trespass to law enforcement in relation to occupancy violations under this Section. There will only be one designated responsible party for each short term rental. An owner may retain a private property management company to serve as the designated responsible party.

Short term rental, short term rental property, and short term vacation rental means a structure that is a "transient public lodging establishment" as defined herein and in Section 509.013, Florida Statutes, as amended. Should the definition of "transient public lodging establishment" be amended in the Florida Statutes after the effective date of this ordinance, the statutory definition shall govern.

Transient public lodging establishment means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

(f)

Mandatory Short Term Rental Certificate of Use.

(1)

A valid short term rental certificate of use is required for any short term rental unit to be rented or offered for rent in the county. Failure to maintain a current short term rental certificate of use to operate any short term rental unit is a violation of this section. It is recognized there are agreements for short term vacation rentals in existence at the time of passage of the ordinance enacting this section. Rental agreements entered into prior to the adoption of this section on March 25, 2025 shall be considered vested. Should any issue arise as to whether a rental agreement is vested under this subsection, the owner or responsible party shall provide proof of a vested rental agreement to the satisfaction of the County, including providing electronic data that establishes the date on which the agreement at issue was entered into.

(2)

Any person or entity who operates a short term rental unit will apply for a short term rental certificate of use on a form provided by the county and with the required application fee. An applicant will include all information required by this ordinance in the application. The county will review the application for completeness before processing begins. If the application is incomplete, the applicant will be informed of what material is missing. The applicant will have twenty (20) business days to provide the missing material. If the missing material is not provided, the application will be deemed withdrawn. If the missing material is provided and the application is deemed complete, staff will process the application in the usual course of business.

(3)

A short term rental certificate of use will be valid for a one-year period beginning with its issuance date.

(4)

A short term rental certificate of use must be renewed prior to the end of its term by filing an application for renewal sixty (60) days before the expiration of the certificate. An applicant must include all information required by this ordinance in the application. Upon receipt of an incomplete application, the applicant will have twenty (20) business days to provide all missing materials and information. If a complete application is not received within the allotted timeframe, the application will be deemed withdrawn. Once the application is deemed complete, the administration will process the application in the usual course of business. If a renewal application is filed in a timely manner, the current short term rental certificate of use will remain in effect until the application for a renewal certificate is approved or denied. If an application for a renewal certificate of use is not filed in a timely manner, the short term rental certificate will expire, and the short term rental unit will not be offered for rent or rented.

(5)

A short term rental certificate of use will be issued by the county if the following conditions have been met:

a.

The application for a short term rental certificate of use is complete, and the applicant has submitted all required documents.

b.

A short term rental unit will be inspected by Pinellas County Staff before the initial issuance of a short term rental certificate of use, and every two years thereafter as part of the renewal process.

c.

An inspection of the short term rental unit shows that the short term rental unit meets the minimum life/safety requirements per this Section.

d.

The applicant has paid all required fees and if any fines or penalties had been previously imposed on the applicant, property, or the short term rental unit, the fines and penalties have been paid or otherwise resolved.

(6)

The short term rental certificate of use application must include all information relevant to review and approval of a certificate, including but not limited to, the following information:

Property management (if applicable).

a.

Name.

b.

Address.

c.

Phone.

d.

Local emergency contact and phone with 24-hour availability for receiving notice of violations.

e.

Email address.

Property Owner.

f.

Name.

g.

Address.

h.

Phone (Including the land line or mobile number applicable to the property)

i.

Local emergency contact and phone with 24-hour availability for receiving notice of violations.

j.

Email address.

Short term rental unit address.

k.

Number and street address, including individual unit numbers or letters for short term rental units with more than one unit.

l.

The name of the short term rental property (e.g., "Mermaid's Hideaway").

Parking.

m.

A parking plan, to include the number and location of on-site parking spaces, with a drawing of the location of parking spaces if applicable, as attachment.

Proof of ownership. The following proofs must be submitted:

n.

Copy of a recorded deed (as an attachment) or a recent profile from property appraiser (as an attachment).

o.

Verification of active status for corporate owners (as an attachment).

p.

Taxpayer Identification Number for owners not U.S. citizens.

Parcel Identification Number (assigned by the county property appraiser).

Property description type.

q.

Single family

r.

Duplex Unit

s.

Condominium (proof of active condominium association as attachment)

t.

Other - list type

Occupancy.

u.

Number of bedrooms.

(7)

The property owner or an agent of the property owner must submit an application to the county for each short term rental unit attesting to the following:

a.

That the property owner or agent has an active license from the Department of Business Professional Regulation (DBPR) for use of the property as a public lodging establishment. A copy of the active license will be submitted as part of the application.

b.

That the property owner or agent has an active resale certificate for sales tax issued by the state. A copy of the active certificate will be submitted as part of the application.

c.

That the property owner or agent collects and remits the required tourist development tax pursuant to Chapter 212, Florida Statutes. The property owner or agent will attest to compliance on the application.

d.

That the short term rental property complies with all ordinances of the county.

(8)

Payment of fees will include a certificate of use fee, a portion of which will be non-refundable to initiate and process an application, inspection fee(s), and an annual renewal fee. Any adjustment to these fees may be made by resolution of the Board of County Commissioners.

(9)

The county has the discretion to request any additional information required to demonstrate compliance with all state laws and county ordinances.

(10)

The county may revise the application requirements by resolution.

(11)

Upon receipt of a complete application, the county will schedule an inspection for compliance with the minimum life/safety requirements per this Section. Once the property has passed the applicable inspection(s), the county will issue a short term rental certificate of use to the property owner which certificate will be valid for a period of one year. If the short term rental property fails its inspection, the owner will be given 30 days to bring the property into compliance with the minimum life/safety requirements per this Section and request a re-inspection of the property. An owner may apply for an extension up to sixty (60) additional days if the owner is able to demonstrate efforts toward compliance. Evidence of efforts towards compliance include but are not limited to completion of a building permit filed and in-review.

(12)

A short term rental certificate of use may not be transferred upon change of ownership.

a.

Certificates of use are non-transferable and non-assignable. The certificate of use when issued will pertain only to the property owner designated on the certificate of use for use at the one (1) specific property identified on the certificate of use.

b.

A separate certificate of use is required for the same property owner to operate a short term rental at another location.

c.

A new certificate of use is required if ownership of the short term rental changes from the owner(s) identified on the certificate, including purchase or acquisition of the assets of a legal entity identified as the owner on the certificate of use.

d.

When a short term rental is sold or ownership is otherwise transferred, the new owner will apply for an initial certificate of use within thirty (30) days from the date of the sale or transfer and will obtain a new initial certificate of use. If the new owner fails to apply for a new certificate of use as provided in this section, any certificate of use previously issued for that short term rental will be null and void on the thirtieth (30) day after such sale or transfer.

e.

An inspection of the short term rental pursuant to the minimum life/safety requirements per this Section is required whenever a new owner applies for an initial certificate of use due to the sale of a short term rental or a change of ownership not involving a sale.

(13)

Failure to complete the application process including a satisfactory inspection, if necessary, within thirty (30) days after the initial inspection to correct any deficiencies identified in the initial inspection, constitutes a violation of this section, and the county will be authorized to deny the application.

(14)

No property owner or agent for the owner will operate a short term rental unit within the county without a valid short term rental certificate of use. Failure to have a current short term rental certificate will constitute a violation of this section.

(15)

The property owner must notify the Pinellas County Property Appraiser's Office of the intent to rent the property on a short term rental basis to ensure proper treatment of property tax exemptions and valuation.

(g)

Standards for Short Term Rentals.

(1)

All short term rental units, whether single-family homes, duplexes, condominium units, three- or four-unit complexes, or multiple family complexes, must meet the following minimum life/safety requirements:

a.

Bedrooms. As defined in 138-3232(c);

b.

Smoke Alarms and Carbon Monoxide Detectors. Meets the requirements of the Florida Building Code and manufacturers specifications;

c.

Swimming Pool. Meets the requirements of the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes.

(2)

Maximum Occupancy. Maximum occupancy shall be no more than two persons per bedroom plus two persons in one common area, not to exceed more than ten persons total per unit, whichever is less.

(3)

Noise. Quiet hours are to be observed between 10:00 p.m. and 9:00 a.m. daily or as superseded by any county noise regulation.

(4)

Parking. A minimum of one off-street parking space will be provided for every three occupants. The number of parking spaces shall be rounded up to the next whole number. Garage spaces count towards minimum requirement if available to the occupant(s). Front lawn parking does not count towards the minimum requirement.

(5)

Responsible party. Responsible party will be available in a reasonable time to respond to inspections, complaints, or other problems related to the short term rental property. The duties of the short term rental responsible party are to:

a.

Be available by telephone at the posted phone number to handle any issues arising from the short term rental use 24 hours a day, seven days a week;

b.

If necessary, be willing and able to come to the short term rental unit following notification from an occupant, owner, law enforcement, or county official to address issues related to the short term rental;

c.

Inquire prior to check-in through a written question in the short term rental reservation application if any guest of a short term rental is a sexual offender or predator as defined in § 775.21, § 943.0435, § 944.607, or § 985.4815. If any guest of a short term rental responds that he or she is a sexual offender or predator as defined in § 775.21, § 943.0435, § 944.607, or § 985.4815, the short term rental responsible party shall immediately notify the Pinellas County Sheriff's Department;

d.

Be authorized to receive service of any legal notice on behalf of the owner for violations of this section;

e.

Otherwise regularly monitor the short term rental unit to assure compliance with the requirements of this section;

f.

An owner of a short term rental may designate an agent to manage the unit on their behalf. The county will provide a form for such purpose which must be completed, notarized, and submitted to the county. The agent must accept the designations on a form provided by the county. The designation of an agent does not relieve the owner of the responsibility to comply with all the state and local statutes and ordinances;

g.

An agent who accepts a designation to act on behalf of a short term rental property owner and is designated as the responsible party is subject to the same compliance standards and applicable penalties; and

h.

A short term rental property owner can withdraw an agent authorization by submitting a new properly executed agent authorization to the county. The county may rely on the latest form it has of the owner's intent.

(6)

Posting short term rental unit information conspicuously on or near the interior side of the front door of the primary entrance, there will be provided on a single page the following information:

a.

The name, address, and phone number of the short term rental responsible party; The maximum occupancy of the unit, per this section, above;

b.

The maximum number of vehicles that can be parked at the unit, per this section, above; along with a sketch of the location of the off-street parking spaces;

c.

A copy of the Pinellas County Noise ordinance;

d.

The days of trash pickup and recycling;

e.

The location of the nearest hospital;

f.

Afterhours number to short term rental monitoring hotline; and

g.

The following statement, or substantially similar language: "You are vacationing in a residential area. Please be a good neighbor by keeping the noise to a respectful level during the day and night. Excessive and unreasonable noise can deprive neighbors of the peaceful enjoyment of their private property."

(7)

Assembly Uses as defined in Section 138-356, such as event venues, wedding venues, reception venues and similar facilities that provide a gathering place for event functions are not permitted within residential zoning districts without complying with review procedures for a Type 2 Use in Chapter 138, Article II, Division 8 of the Land Development Code.

(h)

Short Term Rental Units Advertisement Requirement.

(1)

All advertising for short term rental units will state the occupancy limit of the short term rental unit, the maximum parking available on the property, and will include the following statement: "You are vacationing in a residential area. Please be a good neighbor by keeping the noise to a respectful level during the day and night. Excessive and unreasonable noise can deprive neighbors of the peaceful enjoyment of their private property."

(2)

All advertising for short term rental units will include the state license number of the short term rental and the county certificate of use number.

(3)

Advertisements that do not contain this information or that contain inaccurate information will be deemed a violation of this section and subject to the penalties contained in this section. The short term rental certificate of use number will be included on all advertising, including, but not limited to print and internet-based advertising. For advertisements published in newspapers, the owner or manager of the short term rental unit may use an abbreviated version of the required advertising information provided that the newspaper ad refers readers to a website and posted notices in the short term rental unit for a more detailed version of rules and regulations of booking a short term rental unit.

(i)

Penalties for violations of this article.

Violations of this article are punishable as provided in Pinellas County Code of Ordinances Chapter 1, Section 1-8.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 53, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 25-9, § 1, 3-25-25)

Editor's note— Ord. No. 25-9, § 1, adopted March, 25, 2025, amended the title of § 138-3232 to read as herein set out. The former § 138-3232 title pertained to Short-term vacation rentals.

(a)

Purpose. Recreational vehicle (RV) parks and campground provide temporary residences to visitors. The purpose of this section is to establish minimum dimensional standards and open space requirements in order to ensure RV parks and campgrounds provide a functioning recreational environment that is not overly dense.

(b)

Applicability. The provisions of this section shall apply to recreational vehicle parks, travel trailer parks, and campgrounds. This section does not apply to mobile home parks or other residential uses intended for permanent housing.

(c)

Standards.

(1)

Area requirements for RV parks and campgrounds.

a.

Minimum area: One acre of uplands.

b.

Minimum width: 150 feet.

c.

Minimum depth: 200 feet.

(2)

Recreational vehicle and travel trailer individual site requirements for RV parks and campgrounds.

a.

Minimum area: 2,500 square feet.

b.

Minimum width: 25 feet.

c.

Maximum density: Ten sites per gross acre (includes cabins).

d.

Each vehicle/travel trailer site shall be clearly defined by a permanent marker.

e.

No part of a vehicle or structure which is accessory to the vehicle placed on a vehicle site shall be closer than five feet to a site line.

(3)

Recreation and open space requirements for RV parks and campgrounds.

a.

Not less than ten percent of the gross site area shall be devoted to recreation and open space.

b.

Recreation areas may include space for community buildings and community use facilities, such as adult recreation and child play areas, swimming pools, clothes washing areas and drying yards, and open space areas.

(4)

Street requirements for RV parks and campgrounds. Roadways within an RV park/campground may be private, and the following requirements shall apply:

a.

Internal collector streets shall be 25 feet in width, with a minimum of 20-feet of paved surface.

b.

Internal minor streets shall have a smooth, hard and dense surface as follows:

1.

One-way traffic: ten feet in width.

2.

Two-way traffic: 18 feet in width.

For purpose of this section, a collector street shall be defined as a street designed to facilitate adequate traffic flow from two or more internal minor streets to a dedicated right-of-way. All streets which provide ingress and egress from dedicated public rights-of-way shall be deemed collector streets. All other streets may be classified as internal minor streets.

(5)

Allowed structures. RV parks/campgrounds may include a variety of housing, shelter, and structure types to support the intended use. This may include the following:

a.

Recreational vehicles, travel trailers, campers, and similar temporary housing types constructed on a chassis.

b.

Permanent structures such as cabins, inns, yurts, and other similar temporary housing types.

c.

Accessory dwelling unit for a grounds keeper, owner, manager, or similar security/maintenance role. Accessory dwelling units associated with RV park/campgrounds are not applicable to the provisions of section 138-3210, accessory dwelling units.

d.

Other permanent structures commonly associated with RV parks/campgrounds.

(6)

Other uses may be allowed in conjunction with the RV parks/campgrounds pursuant to Table 138-355—Table of Uses for Zoning Districts.

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

(a)

Purpose. The dispensing of alcoholic beverages has the potential to contribute to undesirable impacts on adjacent or nearby properties such as litter, noise, and other disturbances. The purpose and intent of this section is to establish appropriate locational and distance standards that promote public safety and mitigate associated impacts.

(b)

Applicability. This section shall apply to the dispensing of alcoholic beverages for both on-premises and off-premises consumption in unincorporated Pinellas County. This section does not apply to restaurants that sell alcohol as a product of their business.

(c)

Standards.

(1)

The dispensing, wholesale storage and distribution of alcoholic beverages by any business establishment shall be allowed pursuant to Table 138-355—Table of Uses for Zoning Districts.

(2)

Outdoor patron areas shall be subject to the following standards:

a.

Patron areas shall be delineated and designated on an approved site plan.

b.

Patron areas may only occupy a public sidewalk when a right-of-way permit or equivalent thereof is obtained from the applicable right-of-way owner.

c.

When located within 100 feet of a residential zoning district:

1.

Outdoor patron areas shall be closed between the hours of 10:00 p.m. and 8:00 a.m.

2.

No outdoor music or indoor amplified live music is allowed between the hours of 10:00 p.m. and 8:00 a.m.

3.

A six-foot high opaque wall or fence shall be provided along rear and side property lines around any outdoor patron area.

4.

These standards shall not apply to adjacent mixed-used buildings that include residential units, nor to adjacent residentially-zoned property that consists of public right-of-way, water ways, wetlands, or similar areas which cannot be used for actual residential purposes.

(3)

It is further provided that a building or structure located on a bona fide golf course or country club premises, in which alcoholic beverages are dispensed for consumption by the members and guests thereof only, may be located in any zoning district, but shall be located within the boundaries of the golf course or country club and shall be located not less than 200 feet from any residential structure. The sale of alcoholic beverages from a mobile vehicle, which travels along established cart paths within a bona fide golf course shall be permitted as an ancillary use of the golf course or country club where alcohol sales are permitted within the main clubhouse.

(4)

The dispensing of alcoholic beverages for on-premises consumption in conjunction with a bona fide restaurant shall be exempt from the distance provisions of this chapter provided sale of alcohol is incidental to food sales (at least 51 percent of sales are food). Vendors may be required to provide verification from a certified public accountant of such sales ratio.

(5)

Social clubs, veterans', fraternal, benevolent, civic or other organizations described in F.S. § 561.20(7) may dispense alcoholic beverages for on-premises consumption within any zoning district or location provided such location must be approved subject to a Type 2 approval. This subsection shall not apply to those areas which meet the provisions of subsection (c)(2) of this section.

(6)

The dispensing of alcoholic beverages for on-premises consumption by any business establishment shall not be permitted within 500 feet of the boundary of any tract of land on which a school is located or which has received authority to locate, measured in a straight line, from the nearest entrance or exit (except emergency exits) of any building or structure dispensing alcohol. In a multi-tenant or multi-user building such as a shopping center, the distance may be measured from the entrance or exit of the unit or portion of the building where alcoholic beverages are dispensed to the boundary of any tract of land on which a school is located or which has received authority to locate.

If the school property contains wetlands, waterways, or similar geographic features that would not permit the physical use of the property for school use such as buildings, parking, playgrounds or school usage, the distance requirement shall include the wetland, waterway, or similar area and the measurement shall be taken from the area of the school site that would physically allow such school use.

This subsection shall not be retroactive; and the subsequent erection of a school within the distance of a legally authorized business establishment shall not be cause for the revocation or suspension of any permit, certificate, or license, or cause for denial of any permit or certificate thereafter requested for that use.

The dispensing of alcoholic beverages for on-premises consumption within a bona fide restaurant shall be exempt from this provision provided the sale of alcohol is incidental to food sales (more than 50 percent of the total business revenues are food). Vendors may be required to provide verification by a certified public accountant of such sales ratio.

(7)

The provisions of Laws of Florida Chapter 63-1790, as amended (compiled in chapter 6, article II), relating to uniform closing hours and other restrictions, apply to all business establishments as defined in this section, and the reasonable evidence of any violation thereof shall constitute grounds for the revocation or suspension by the board of county commissioners of any zoning or use approval, building permit, occupancy certificate, or license approval to any such business establishment.

(d)

Exemptions.

(1)

The sale or dispensing of alcoholic beverages within any zoning district at one time or at short duration fundraisers, special events, [and] promotions, shall be exempt from the provisions of this section except for the uniform closing hours established in subsection (c)(7) of this section, under the following conditions:

a.

Sale or dispensing shall be for a maximum of three days only during any six-month period. This condition shall not apply to the number of annual fundraising and special events held in the Downtown Palm Harbor Form-Based Code District provided the events have received street closure approval and have received a waiver from section 6-47(b) of the Pinellas County Code.

b.

Sale or dispensing shall be located on the site of an authorized use as permitted by this chapter.

(2)

The sale or dispensing of alcoholic beverages at special events of community interest and importance may be permitted to occur as early as 8:00 a.m. as provided for in section 6-30(e) of the Pinellas County Code, under the following conditions:

a.

Sale or dispensing shall be located on the site of an authorized use as permitted by this chapter or otherwise waived pursuant to section 6-47(b) of the Pinellas County Code.

b.

A permit is obtained from Pinellas County detailing the conditions required under this section and section 6-30(e).

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 54, 4-27-21; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

(a)

Purpose. Due to economies of scale in production, distribution, marketing and advertising, national and super-regional alcoholic beverage producers have dominated the industry for decades. These large-scale production facilities are traditionally assigned to industrial zoning classifications. More recently, local, independent producers have emerged as a competitive market segment within the industry and the resulting increased demand for small production facilities and mixed-use concepts has reshaped certain expectations about the potential impacts of this land-use type when developed on a smaller scale. The purpose of this section is to recognize the emergence of this specialized market segment and establish appropriate standards allowing for the typical range of activities, while mitigating any associated, undesirable impacts.

(b)

Applicability. This section shall apply to regional and large-scale breweries, microbreweries, brewpubs, wineries, distilleries, cideries, meaderies and other producers of alcoholic beverages for sale and/or distribution. This section does not apply to temporary or special events authorized by other sections of this chapter.

(c)

Standards.

(1)

Alcoholic beverage production accessory to a restaurant.

a.

Revenue from food sales shall constitute more than 50 percent of the total business revenues. Vendors may be required to provide verification by a certified public accountant of such sales ratio;

b.

No more than 50 percent of the total gross floor area of the establishment shall be used for the alcoholic beverage production function including, but not limited to, the brewhouse or equivalent, boiling and water treatment areas, bottling, canning and kegging lines, milling and storage, fermentation tanks, conditioning tanks and serving tanks;

c.

Where permitted by local ordinance, state and federal law, retail carryout sale of alcohol produced on the premises shall be allowed in specialty containers holding no more than a U.S. gallon (3,785 ml/128 U.S. fluid ounces). These containers are commonly referred to as growlers;

d.

Keg containers larger than a U.S. gallon (3,785 ml/128 U.S. fluid ounces) may be sold for the following purposes and in the following amounts:

1.

An unlimited number of kegs for special events, the primary purpose of which is the exposition of products, which include the participation of at least three such producers;

2.

An unlimited number of kegs for local government co-sponsored events where the purpose of the event is not for commercial profit and where the product is not wholesaled to the event co-sponsors but is instead, dispensed by employees of the production facility.

e.

All outdoor mechanical equipment visible from streets, adjacent residential uses or residential zoning districts shall be screened using architectural features consistent with the principal structure;

f.

Access and loading bays shall not face toward the primary street;

g.

Access and loading bays facing an adjacent residential use or residential zoning district shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building;

h.

No outdoor storage shall be allowed. This prohibition includes the use of portable storage units, cargo containers and tractor trailers.

(2)

Alcoholic beverage production, small scale (microbrewery/microwinery/microdistillery).

a.

The facility shall produce no more than 15,000 barrels (465,000 U.S. gallons) of beer and/or cider per year (microbrewery/cidery), 100,000 U.S. gallons of wine and/or mead per year (microwinery/meadery), or 15,000 U.S. gallons of spirits per year (microdistillery);

b.

In non-industrial zoning districts, this use shall be permitted only in conjunction with a restaurant, tasting room or retail sales and service, and shall be subject to the following standards:

1.

No more than 75 percent of the total gross floor space of the establishment shall be used for the alcohol production function including, but not limited to, the brewhouse or equivalent, boiling and water treatment areas, laboratories, bottling, canning and kegging lines, milling and storage, fermentation tanks, conditioning tanks and serving tanks;

2.

The façade of any accessory use(s) shall be oriented toward the primary street, and, if located in a shopping center, to the common space where the public can access the use;

3.

Pedestrian connections shall be provided between the public sidewalks and the primary entrance(s) to any accessory use(s). These connections shall satisfy current ADA requirements.

4.

All mechanical equipment visible from streets, adjacent residential uses or residential zoning districts shall be screened using architectural features consistent with the principal structure;

5.

Access and loading bays shall not face toward the primary street;

6.

Access and loading bays facing an adjacent residential use or residential zoning district, shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building;

7.

No outdoor storage shall be allowed, including the use of portable storage units, cargo containers and tractor trailers, except as follows: spent or used grain or other similar natural byproduct of the production process, may be stored outdoors for a period of time not to exceed 24 hours. The temporary storage area of spent or used grain shall be:

i.

Designated on the approved site plan;

ii.

Permitted within the interior side or rear yard or within the minimum building setbacks;

iii.

Prohibited within any yard abutting a residential use or residential zoning district;

iv.

Fully enclosed within a suitable container, secured and screened behind a solid, opaque fence or wall measuring a minimum six feet in height.

(3)

Alcoholic beverage production, regional and large-scale. Regional and large-scale alcoholic beverage production facilities are those facilities that produce in any combination more than 15,000 barrels (465,000 US gallons) of beer/cider, 100,000 gallons of wine/mead or 15,000 gallons of spirits per year. Regional and large-scale facilities shall comply with the development standards of the applicable zoning district and applicable general development standards.

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

(a)

Purpose. Artisan establishments are intended to produce high-quality or distinctive products generally in small quantities. The production is usually by hand or traditional methods. Examples include but not limited to glass blowing, jewelry making, woodworking, baking and traditional food product making.

(b)

Applicability. The provisions of this section shall apply to all new, existing, and expanding artisan uses. The provisions of this section are not applicable to alcohol production and/or manufacturing activities that involve automated or robotic machinery for product assembly.

(c)

Standards.

(1)

Artisan establishments shall be permitted indoor and outdoor work areas for the purposes of creating art pieces and hosting performing art practices. When outdoor work areas abut a residential district, the area shall be screened with a six-foot high opaque wall or fence.

(2)

Artisan establishments shall be permitted indoor and outdoor display and sales areas for the purposes of exhibiting and selling artisan products and directly related merchandise. When outdoor display areas abut a residential district, the area shall be screened with a six-foot high opaque wall or fence.

(3)

Artisan establishments shall be permitted to teach artisan crafts, skills and techniques. When the use requires a Type 2 or 3 approval, the number of students and hours of operation may be limited as a condition of approval in order to address neighborhood compatibility concerns.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

(a)

Purpose. Banks are intended to provide retail banking services including check cashing, receiving, lending, and safeguarding of money and other valuable items. Banks are intended to be permitted within close proximity of, and accessible to areas of commerce and employment.

(b)

Applicability. The provisions in this section shall apply to banks, credit unions, and similar retail banking businesses that are oriented to a customer base that may enter a commercial establishment to conduct transactions. This section does not apply to office oriented businesses that do not regularly receive walk-in customers.

(c)

Standards.

(1)

Drive thru facilities may be approved as part of a bank use pursuant to Table 138-355—Table of Uses for Zoning Districts and in accordance with section 138-3246.

(2)

Where banks are permitted as an (A) accessory use in a zoning district, the bank shall only provide retail banking services to employees and/or patrons that relate to another approved use on the site. (Example: a business may have an accessory bank for its employees.)

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

(a)

Purpose. Car washes and detailing establishments are intended to provide service cleaning for motor vehicles and domestic equipment. However, car wash and detailing uses have the potential to generate undesirable conditions for adjacent properties including noise, particle disbursement and untreated runoff. The purpose and intent of this section is to establish appropriate standards which allow for the typical range of activities, while mitigating the associated undesirable impacts.

(b)

Applicability. This section shall apply to car wash and detailing uses. This section does not apply to temporary car wash activities that occur no more than three consecutive days at the same location.

(c)

Standards.

(1)

When within or adjacent to a residential district the following standards shall apply:

a.

Sound from radios, stereos, or other sound amplification devices shall not be audible from the adjacent residential district. Signs shall be conspicuously posted notifying persons of these prohibitions.

b.

Car washing and detailing activities shall be limited to the hours from 7:00 a.m. to 9:00 p.m.

c.

Generators shall not be used in conjunction with exterior washing and detailing.

d.

A six-foot high opaque wall or fence shall be provided along rear and side property lines around the car wash/detailing facility and its associated operations.

(2)

Vacuum stations.

a.

Vacuum stations and related equipment shall comply with the setbacks for the principal structure.

b.

Central vacuum systems shall be fully enclosed when located along any side of a building abutting a residential district.

(3)

Traffic circulation and vehicle stacking.

a.

Drive-lanes and parking spaces shall be clearly delineated.

b.

A bypass lane shall be provided to allow vehicles a way to enter and exit the site without having to turn around on the site or travel through a car wash tunnel or bay.

(4)

All carwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water, chemicals, and dust. No wash-water runoff generated by the carwash facility may be conveyed off site into the Municipal Separate Storm Sewer Systems (MS4). Runoff must be directed to either a recycling system or other water quality treatment facility.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. Drive-thru facilities have become a common amenity for a range of uses. A well designed drive-thru can be convenient for motorists and have minimal impact upon the streetscape and pedestrians. Drive-thru facilities have the potential to generate undesirable impacts for adjacent properties such as odors from vehicle exhaust and noise from engines, car stereos, and menu board speakers. The purpose and intent of this section is to establish appropriate standards which allow for the typical range of activities while ensuring public safety and mitigating the associated impacts.

(b)

Applicability. The provisions of this section shall be applicable to any new or modified drive-thru facility.

(c)

Standards.

(1)

Location. Drive-thru service windows shall be located to take advantage of the first available alternative in the following prioritized list:

a.

Interior side or rear yard when either yard abuts a nonresidential use; or

b.

Street facade when the interior side and rear yard abut an existing residential use; or

c.

Street facade when abutting a nonresidential use where both the interior side and rear yards are impractical due to the lot's physical constraints or concerns regarding vehicle and pedestrian safety.

(2)

Minimum stacking requirements.

a.

Restaurants, retail sales and service and similar commercial uses, shall provide a minimum of five stacking spaces at or behind the menu board.

b.

Banks and similar uses shall provide a minimum of three stacking spaces at or behind the service window/terminal for the drive-thru.

c.

Drive-thru stacking lanes shall be delineated from other vehicular use areas. Stacking lanes may include part of the drive aisles in a parking area.

d.

Stacking lanes shall be designed to ensure that waiting vehicles do not extend into the public right-of-way.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

(a)

Purpose. It is the intent to allow food carts/food trucks to occupy a site for the purpose of preparing and selling prepared food, beverages, and consumables. Food cart/food truck units provide most of their service to walk-up customers. It is also intended to recognize that food carts/food trucks may be fixed/parked at a specific site or mobile in nature. It's intended that these uses are sited in an orderly manner and are reasonably secured to ensure public safety and welfare.

(b)

Applicability. The provisions of this section shall apply to food carts, trucks, or similar structures that provide food, beverage, and other consumables at a temporary site and location.

(c)

Standards.

(1)

The followings standards are applicable to all food carts/food trucks.

a.

Food cart/food truck units are intended to be temporary in nature but may be approved at a specific location for long lengths of time. Food cart/food truck units shall remain in a condition that allow for easy mobility to be removed from the site.

b.

Food carts/food trucks uses require approval pursuant to Table 138-355 — Table of Uses for Zoning Districts and shall be subject to section 138-3356, temporary uses and structures, as applicable.

c.

Food cart/food truck units shall not exceed 26 feet in length.

d.

Food carts/food truck units shall not have any internal floor space available to customers.

e.

As a concern for public safety, food carts/food truck units and their associated materials (e.g., tents, fuel sources, cables, awning and the like) shall be moved to secured locations during the period that a hurricane warning is in effect. During the time of a hurricane warning, units shall not be left parked and/or unanchored in open parking lots or open fields.

(2)

The followings standards are applicable to food carts/food trucks that are fixed or parked at a specific for any length of time.

a.

Accessory structures such as tents and awnings shall be securely anchored to the ground or adjacent structure.

b.

Permanent structures associated with the food carts/food trucks require a building permit.

c.

Sites with more than one food cart/food truck shall provide adequate customer and employee parking pursuant to the parking standards of this Code.

d.

Siting requirements—Food carts/food truck units shall be positioned on a site pursuant to the following standards:

1.

Food carts/food truck units shall be on a paved surface such as, but not limited to, concrete, asphalt, pavers, and/or reinforced grass.

2.

Food carts/food trucks and their accessory structures and materials shall be located a minimum of 25 feet from driveway entrances and are subject to sight triangle standards.

3.

Food carts/food truck units shall not occupy pedestrian walkways or required landscape areas.

4.

Carts shall not occupy or block parking stalls needed to meet the minimum automobile parking requirement for another use located on the site.

5.

Where multiple food cart/food truck units are located on a single parcel, the units shall be co-located and positioned in a cluster arrangement in one area of the site.

6.

Food carts/food trucks shall limit the visual effect of accessory items not used by customers, including but not limited to tanks, barrels and miscellaneous items. These items shall be screened with temporary fencing and/or potted plant material.

(3)

The followings standards are applicable to food carts/food trucks that are mobile and/or are only sited at specific locations for a short period of time.

a.

Food cart/food truck units may be allowed as an accessory to an active construction/development project and/or another permitted nonresidential use or event.

b.

Food carts/food trucks may be parked on an individual lot/parcel.

c.

Food carts/food trucks may utilize areas within a right-of-way that is allowed for on-street parking; travel lanes and sidewalks shall not be used. Street parking locations are applicable to duration limits.

d.

Mobile food carts/food trucks shall be exempt from zoning clearance requirements.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 55, 4-27-21; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. Health clubs and fitness centers are individual establishments with equipment and facilities for exercising and improving physical fitness. Large health clubs/fitness centers should be focused in commercial districts. Health clubs/fitness centers should be accessible in multifamily, office, industrial and warehouse districts in order serve residents and employees but limited in size to protect available land for the intended primary land uses.

(b)

Applicability. The provisions of this section shall apply to any individual health club/fitness center. This section does not apply to accessory health/fitness facilities that are a part of another land use and used solely by the employees, residents, and/or patrons of said use. (For example, a private fitness center as part of an apartment community that is reserved solely for residents is not subject to this section.)

(c)

Standards.

(1)

In the GO, LO, I, and E-1 districts, health clubs/fitness centers shall be less than 20,000 square feet.

(2)

In the RM district, health clubs/fitness centers shall be less than 10,000 square feet.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 56, 4-27-21; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. Kennels and pet care facilities are intended to provide for buying, selling, breeding, grooming, renting, boarding, and/or training of dogs, cats, and other domestic animals. Residential areas should be protected from noise, odor, and other effects that may be caused from these facilities. Kennels should be limited within industrial districts to ensure land is available for other employment-based development.

(b)

Applicability. The provisions of this section shall apply to new and expanding kennels and pet care facilities.

(c)

Standards.

(1)

The following activities may occur as part of kennels/pet care establishments:

a.

Dogs, cats, and other domestic animals may be kept for various purposes, including animal shelters and animal daycare, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians.

b.

Dogs, cats, and other domestic animals may be groomed.

c.

Dogs, cats, and other domestic animals may be available for buying, selling, breeding for sale, letting for hire, boarding or training.

d.

Dogs may be trained for obedience, hunting, protection, etc.

e.

Activities described above may be further regulated per chapter 14, animals.

(2)

Animal shows are not permitted as part of a kennel/pet care use.

(3)

Dogs shall be kept in an enclosed soundproof structure between the hours of 10:00 p.m. and 7:00 a.m.

(4)

Kennels shall not cause external effects such as increased lighting or glare on nearby properties, or animal-related odors that are readily detectable at any point beyond the property line of the facility.

(5)

Kennel/pet care facilities may sell, breed for sale, let for hire, board or train other species pursuant to the non-traditional pets provisions of this Code. This may require a higher type of approval. See sections pertaining to non-traditional pets.

(6)

Kennel/pet care facilities must have an appropriate system for the disposal of animal waste. Animal waste must not be allowed to collect in areas where it could result in direct discharge into the Municipal Separate Storm Sewer Systems (MS4) or waters of the county.

(7)

When adjacent to a residential district the following standards shall apply:

a.

A six-foot high opaque wall or fence shall be provided along rear and side property lines around outside runs and exercise areas.

b.

Exercise areas shall be at least 50 feet from any residential district. Unsupervised, unattended runs must be located indoors.

c.

Structures housing dogs shall be setback a minimum of 50 feet any residential district. Structures shall feature sound proofing design features or fixtures.

(8)

In the Residential Agriculture District (R-A), new kennels/pet care facilities may be established only on sites of two or more acres in size.

(9)

In industrial districts, the contiguous industrial district shall be limited to ten percent of its buildable land area for use as kennel/pet care facilities.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. Model dwelling units are intended to showcase future residences and/or units that are available for purchase or lease within the development. Pre-construction sales offices are intended to host the real estate transaction for homes, units, and/or properties available within the development. These uses are intended to be allowed on a temporary basis and solely for the sales and marketing of the units within the development.

(b)

Applicability. The provisions of this section shall apply to model dwelling units, pre-construction, and their associated elements.

(c)

Standards.

(1)

Model dwelling units may be allowed as an accessory use in any district for the purpose of displaying and marketing the development, project, or subdivision in which such uses are to be located.

(2)

Authorization for a temporary use and structure shall only be granted after the filing of an approved site plan. This may be approved as part of a Type 1 review for the development in which the model dwelling units and/or pre-construction sales office is located.

(3)

A maximum of four model dwelling units may be permitted within each development.

(4)

The model dwelling unit shall meet all district requirements for lot and yard dimensions.

(5)

The sales office, if not in a model dwelling unit, shall not exceed 750 square feet and is an accessory use on the same property. It shall only be used by the developer team and shall only be used in connection with the development in which located.

(6)

Model dwelling units and signs shall not be illuminated after 9:30 p.m. and shall not be used for any business activity after 10:00 p.m.

(7)

Model dwelling units shall not be occupied as a personal residence until such time the commercial operations cease and the land in which it is located is platted.

(8)

Model dwelling units shall not be used as a means to sell similar homes for a period longer than two years. The Building and Development Review Services Director may grant an extension for a period not to exceed an additional two years from the date the certificate of occupancy for the model dwelling unit was issued.

(9)

These regulations shall not apply to a home displayed as a model dwelling unit for less than three months, where no accessory office is erected.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. The sale and leasing of motor vehicles may occur in designated districts according to the Table 138-355 — Table of Uses for Zoning Districts. Display areas for motor vehicles should occur on portions of a site that support viable commerce but limit negative impacts on adjacent properties and public rights-of-way.

(b)

Applicability. The provisions of this section shall apply to establishments engaged in the sale and/or lease of motor vehicles.

(c)

Standards.

(1)

Outdoor motor vehicle display areas are prohibited within required off-street parking areas, the right-of-way, and the required buffer/landscape areas.

(2)

The motor vehicle display areas shall occur on paved surface and/or on reinforced grass surfaces.

(3)

Service and repair activities shall be reviewed and approved as part of the "vehicle storage, maintenance and repair" sections of this Code.

(4)

Accessory vehicle washing/detailing facilities shall be located to the side or rear of the primary building. No untreated wash-water runoff generated by the vehicle washing facility may be conveyed offsite into the municipal separate storm sewer systems (MS4). This is not applicable to handwashing and/or mobile detailing activities.

(5)

When adjacent to a residential district the following standards shall apply:

a.

No speaker or amplified announcement device shall be oriented to face an adjacent residential district.

b.

Accessory vehicle washing/detailing facilities shall be located 30 feet from a residential district.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 57, 4-27-21)

(a)

Purpose. Office uses are recognized as vital places for services and employment within the community. Some office uses are appropriate additions in residential, multiple family district when limited in scale. Other service oriented office uses are appropriate in industrial districts so long as the overall district is reserved for other employment-oriented users.

(b)

Applicability. The provisions of this section shall apply to the development, operation, and/or expanding of office uses.

(c)

Standards.

(1)

Office, medical.

a.

In the RM district, the following standards shall apply.

1.

Medical offices are limited to 2,500 square feet.

2.

Medical offices are limited to urgent care, emergency service, "free clinics," public health service agency, or similar medical facilities to provide health care service convenient to neighborhoods.

(2)

Office, veterinary.

a.

When adjacent to a residential district the following standards shall apply:

1.

A six-foot high opaque wall or fence shall be provided along rear and side property lines around outside exercise areas.

2.

Animal exercise areas shall be at least 25 feet from any residential district.

3.

Animals shall not be boarded outdoors.

b.

In the RM district, veterinary offices are limited to 2,500 square feet.

c.

Veterinary facilities must have an appropriate system for the disposal of animal waste. Animal waste must not be allowed to collect in areas where it could result in direct discharge into the municipal separate storm sewer systems (MS4).

(3)

In the C-2 and CP districts, contractors' offices/showrooms may store construction materials and heavy equipment if it is within a completely enclosed building and may park commercial vehicles onsite as long as they are behind the primary building and screened from view. These are considered accessory uses.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 58, 4-27-21)

(a)

Purpose. It is intended to allow outdoors sales to accommodate material that is appropriate to be sold/leased exterior to a building.

(b)

Applicability. The provisions of this section shall apply to the permanent business establishments that engage in the sale or lease of merchandise outside of an enclosed structure. The section does not apply to the sale or lease of motor vehicles or merchandise sold under a solid roof structure with at least one exterior wall. The periodic sale of merchandise unrelated to the businesses permanently occupying the site shall follow the provisions of sections pertaining to temporary uses and structures.

(c)

Standards.

(1)

There shall be a building on the site in order to allow outdoor sales as a permanent use on the property. Outdoor sales areas may only be used by the business occupying the building.

(2)

Outside sales shall only occur in designated areas specifically approved on the site plan.

(3)

Outdoor sales shall not occur within any required side or rear yard building setback.

(4)

The site's minimum parking ratio requirement shall include the areas designated for outdoor sales. Outdoor sales areas shall be considered part of the floor area of the principal use or structure for purposes of computing the required number of parking spaces.

(5)

Contiguous outside sales areas exceeding 2,000 square feet shall be surrounded with a five foot wide landscape buffer. Breaks in landscaping may be provided to accommodate pedestrian and service access.

(6)

The following use restrictions shall apply to outdoor sales on sidewalk areas:

a.

Outdoor sales and display on a public sidewalk shall require approval from the roadway facility owner (i.e., local government or property owners association).

b.

Sidewalk retail display is prohibited at any time the use in the abutting building is not open for business.

c.

A minimum of one unobstructed pedestrian path at least five feet wide shall be maintained through the display area at all times and shall satisfy current ADA requirements.

d.

An unobstructed passage shall be provided from parking areas and public sidewalks to building entrances equal to the door width. Variances to this requirement shall not be granted.

e.

A minimum setback of at least four feet from the curb line shall be provided to maintain adequate space for pedestrian access to motor vehicles.

f.

Furniture, fixtures and equipment shall not be permanently anchored to the sidewalk nor shall they be attached or affixed to any tree, post, sign or other structure.

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

(a)

Purpose. Personal services are establishments that involve primarily attending to one's personal care or apparel. These establishments may be permitted in various zoning districts based on the gross square footage of individual business establishments in order to achieve a compatible neighborhood character based on scale, intensity and massing.

(b)

Applicability. The provisions of this section shall apply to new and expanding personal service uses.

(c)

Standards.

(1)

Personal services shall include occupation or service attending primarily to one's personal care or apparel; examples of which include hair and beauty care, clothing repair or alteration, dry cleaning/laundry service (collection and distribution only) and like personal service uses.

(2)

In the LO, GO and C-1 zoning districts the maximum square footage of the use shall be limited to 5,000 square feet.

(3)

In the E-1 zoning district personal services is permitted as an 'accessory' use. The personal service shall primarily provide services that relate to an approved primary use on the site and shall not cover an area greater than three acres.

(Ord. No. 21-11, § 5, 4-27-21)

Editor's note— Ord. No. 21-11, § 59, adopted April 27, 2021, enacted a new § 138-3254 and §§ 60—63 of said ordinance renumbered former §§ 138-3254—138-3257 as 138-3255—138-3258. Historical notations are retained for reference purposes.

(a)

Purpose. The sale and leasing of recreational vehicles and boats may occur in designated districts according to the Table 138-355—Table of Uses for Zoning Districts. Display areas should occur on portions of a site that support viable commerce but limit negative impacts on adjacent properties and public rights-of-way.

(b)

Applicability. The provisions of this section shall apply to establishments engaged in the sale and/or lease of recreational vehicles or boats.

(c)

Standards.

(1)

Outdoor display areas are prohibited within the right-of-way and the required buffer/landscape areas.

(2)

Vertical racks for boat storage shall not exceed district height limits and shall meet district setback requirements for primary structures.

(3)

The display areas shall occur on paved surface and/or on reinforced grass surfaces.

(4)

Service and repair activities shall be reviewed and approved as part of the vehicle storage, maintenance and repair sections of this Code.

(5)

Accessory washing/detailing facilities shall be located to the side or rear of the primary building. No untreated wash-water runoff generated by the washing facility may be conveyed offsite into the Municipal Separate Storm Sewer Systems (MS4). This is not applicable to handwashing and/or mobile detailing activities.

(6)

Accessory lifts/mechanical equipment shall be located to the rear of the primary structure or vertical storage racks.

(7)

When adjacent to a residential district the following standards shall apply:

a.

No speaker or amplified announcement device shall be oriented to face an adjacent residential district.

(d)

Accessory washing/detailing facilities shall be located 30 feet from a residential district.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 60, 4-27-21)

Editor's note— See editor's note to § 138-3254.

(a)

Purpose. Restaurants are establishments serving or selling food and/or beverages prepared on the premises, which are generally intended for immediate consumption. Restaurants should be limited in various zones to achieve a compatible neighborhood character based on scale, activity, and proportional use of the district.

(b)

Applicability. The provisions of this section shall apply to new and expansions of restaurants or similar uses serving food and/or beverages. These standards shall not include other specific uses listed in the district table of uses. Establishments serving alcohol shall also be subject to Florida State standards.

(c)

Standards.

(1)

Restaurants shall not include other specific uses listed in the district table of uses. (Example: food carts/food trucks are not included as part of restaurants.)

(2)

Restaurant may be permitted outside dining/ seating areas subject to the following standards:

a.

Seating areas shall be delineated and designated on an approved site plan.

b.

Seating areas may only occupy a public sidewalk when a right-of-way permit or equivalent thereof is obtained from the applicable right-of-way owner.

c.

When located within 100 feet to a residential district, the following standards shall apply:

1.

Table service to the outside dining/seating area shall not be provided between 10:00 p.m. and 7:00 a.m.

2.

A six-foot high opaque wall or fence shall be provided along rear and side property lines around the outside dining/seating area.

3.

No amplified outdoor sound equipment may be used between 10:00 p.m. and 7:00 a.m.

4.

These standards shall not apply to adjacent mixed-use buildings that include residential units.

(3)

Where restaurants are permitted as an 'accessory' use in a zoning district (A), the restaurant should primarily serve and/or sell prepared food to employees, residents, and/or patrons that relate to another approved use on the site. (Example: an office building may have an accessory restaurant use to sell prepared food items to its employees.)

(4)

For restaurants that allow dogs, the provisions of section 138-3354, dog friendly dining program, shall apply.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 61, 4-27-21)

Editor's note— See editor's note to § 138-3254.

(a)

Purpose. Retail sales and services should be permitted in various zoning districts based on the gross square footage of individual business establishments in order to achieve a compatible neighborhood character based on scale, intensity, and massing.

(b)

Applicability. The provisions of this section shall apply to new and expanding retail sales and services uses. These standards shall not apply to other specific uses listed separately in Table 138-355—Table of Uses of Zoning Districts. (Example: banks, offices, motor vehicle sales, restaurants, outdoor sales, and medical offices.)

(c)

Standards.

(1)

Retail sales and services shall include business activity within an enclosed building involving the sale or lease of goods, products, materials, or services directly to the consumer.

(2)

The retail sales and services square-footage categories listed in Table 138-355—Table of Uses for Zoning Districts, refer to the gross sizes of individual business establishments and their ancillary indoor use areas such as hallways, restrooms, and storage. For the purposes of regulating retail sales and services square-footage categories, outdoor sales areas shall not be considered a part of the gross size.

(3)

Where retail sales and services is permitted as an 'accessory' use in a zoning district, the retail sales and service shall primarily sell, lease, and provide goods and services that relate to another approved use on the site. (Example: a manufacturer may have a retail area to sell the products that are manufactured on site.)

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 62, 4-27-21)

Editor's note— See editor's note to § 138-3254.

(a)

Purpose. Studios and galleries are establishments used for the production or teaching of art, writing, dance, theater, or similar endeavors of an artistic or creative nature. Studios and galleries are establishments where artists can create and manufacture art pieces and provide areas for display and sale of such collections. These establishments may also be places to host performing arts.

(b)

Applicability. The provisions of this section shall apply to new and expansions of studios and galleries.

(c)

Standards.

(1)

Studios and galleries shall be permitted indoor and outdoor work areas for the purposes of creating art pieces and hosting performing art practices. When outdoor work areas abut a residential district, the area shall be screened with a six-foot high opaque wall or fence.

(2)

Studios and galleries shall be permitted indoor and outdoor display and sales areas for the purposes of exhibiting and selling art collections and directly related merchandise. When outdoor display areas abut a residential district, the area shall be screened with a six-foot high opaque wall or fence.

(3)

Studios and galleries shall be permitted to teach art, writing, dance, theater, or similar endeavors of an artistic or creative nature. When the use requires a Type 2 approval, the number of students and hours of operation may be limited as a condition of approval in order to address neighborhood compatibility concerns.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 63, 4-27-21)

Editor's note— See editor's note to § 138-3254.

(a)

Purpose. Contractor yards and associated buildings are land and structures used primarily for the storage of equipment, vehicles, machinery, building materials, piping, electrical components or similar items being used by the owner or occupant of the premises in the conduct of a building or land development trade. Certain standards should be implemented to mitigate impacts onto surrounding communities.

(b)

Applicability. The provisions of this section shall apply to a new or expansion of a contractor yard and buildings.

(c)

Standards.

(1)

Associated office operations are permitted.

(2)

Entrance drives must be equipped with track-out prevention measures to minimize the conveyance of sediment to the public stormwater system Municipal Separate Storm Sewer Systems (MS4).

(3)

When adjacent to a residential district the following standards shall apply:

a.

No amplified outdoor announcement device shall be oriented to a residential district.

b.

Accessory vehicle washing/detailing areas shall not be located 30 feet from a residential district.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 64, 4-27-21)

(a)

Purpose. Facilities that are focused on the processing of fat, oil, and grease waste for eventual disposal are vital industries in the urbanized county but have the potential to produce noxious impacts on surrounding properties. Certain development standards can mitigate these impacts when implemented with other state regulations.

(b)

Applicability. The provisions of this section shall apply to all new or expanding facilities that are engaged in the processing of fat, oil, and grease (FOG) for ultimate disposal. This section does not apply to on-site storage facilities such as grease traps that are associated with other land use, such as grease traps for restaurants.

(c)

Standard.

(1)

All exterior fat, oil, and grease processing activities and material staging shall be conducted behind a six-foot high opaque wall or fence.

(2)

Accessory vehicle washing/detailing areas shall not be located within 30 feet of a residential district.

(3)

When reviewing the appropriateness of a new or expanded fat, oil, and grease facility, the process shall consider the following:

a.

The size, intensity, development configuration, and hours of operation may be limited as a condition of approval in order to address neighborhood compatibility concerns; and

b.

The applicant shall demonstrate how the proposed facility, or expansions thereof, will address the odors associated with the processing activities from being emitted onto adjacent property.

(4)

All fat, oil, and grease facilities shall be equipped with a stormwater containment system that prevents the discharge of contaminated runoff to the public stormwater system (MS4).

(5)

Biofuel production and sale is permitted and recognized as an accessory use.

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

(a)

Purpose. Freight trucking establishments are used for local pickup, local sorting and terminal operations, line-haul, destination sorting and terminal operations, and local delivery. Given the site intensity of truck traffic, certain development standards can mitigate potential negative impacts to surrounding properties.

(b)

Applicability. The provisions of this section shall apply to new and/or expanding freight trucking establishments. This section shall not apply to accessory delivery operations for any other use. This section shall not apply to federal, state, county, and/or local government vehicles and operations.

(c)

Standards.

(1)

All loading and unloading shall occur entirely on-site. The public right-of-way may not be used for truck parking.

(2)

Associated office operations are permitted.

(3)

The site shall be permitted a customer use area for accessory commercial purposes.

(4)

No untreated wash-water runoff generated by the vehicle washing facility may be conveyed offsite into the Municipal Separate Storm Sewer Systems (MS4).

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

(a)

Purpose. Manufacturing uses are vital to the local economy in terms of jobs and revenue. Due to the potential impacts on surrounding properties, some manufacturing activities may be limited in scale and intensity in various locations.

(b)

Applicability. The provisions of this section shall apply to new and expanding manufacturing uses as listed in Table 138-355—Table of Uses for Zoning Districts. This section shall not apply to manufacturing activities that are accessory to other land uses.

(c)

Standards.

(1)

Manufacturing — light, assembly and processing — Type A uses are subject to the following standards:

a.

No outdoor storage of materials is permitted.

b.

No outside processing of equipment or materials is permitted.

(2)

Manufacturing — light, assembly and processing — Type B uses are subject to the following standards:

a.

Outdoor storage of materials is permitted.

b.

No outside processing of equipment or materials is permitted.

(3)

Manufacturing — heavy uses are subject to the following standards:

a.

Outdoor storage of materials is permitted.

b.

Outside processing of equipment or materials is permitted.

(4)

Storage yards and exterior storing of materials shall be subject to the outside storage section of this Code.

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

(a)

Purpose. Outdoor storage as a principal use is sometimes necessary to accommodate a business need that is otherwise located on a separate site. Certain standards should be implemented to mitigate negative impacts onto surrounding properties.

(b)

Applicability. The provisions of this section shall apply to the outdoor storage of commercial, public, manufacturing, and/or industrial materials as the principal use. The provisions of this section shall not apply to outdoor material that is associated with another on-site use. The outdoor storage, principal use does not include junkyards, salvage yards, waste facilities or similar uses.

(c)

Standards.

(1)

Outdoor storage, principal uses shall be subject to the following:

a.

Outdoor storage as a principal use shall not include inoperable vehicles, inoperable appliances, garbage, organic and inorganic waste, or hazardous materials.

b.

When abutting a residential district all outdoor storage of permitted materials shall occur behind a six-foot high opaque wall or fence.

c.

Storage of sand, soil, minerals, rock and/or similar materials shall be conducted in a manner that prevents particles from leaving the site by environmental conditions such as wind and rain. The site shall be equipped with track-out prevention measures to minimize the conveyance of sediment into Municipal Separate Storm Sewer Systems (MS4).

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

(a)

Purpose. recycling center establishments that collect, sort, and/or store recyclable materials for ultimate delivery to a processing facility are vital services in the urbanized county. Land use standards shall be applied to ensure compatibility with certain surrounding land uses.

(b)

Applicability. The provisions of this section shall apply to new or expansions of a recycling center establishment which collects, sorts, and stores recyclable materials for ultimate delivery to a processing facility. This section shall not apply to recycling and waste receptacles as part of a separate land use proposal.

(c)

Standards.

(1)

All outdoor storage, heavy equipment, and processing activities, if permitted, shall occur behind a six-foot high opaque wall/fence and/or landscaping buffer.

(2)

When adjacent to a residential district the following standards shall apply:

a.

A six-foot high opaque wall or fence shall be provided along rear and side property lines around any outside storage area, processing area, and/or heavy equipment parking lot.

b.

Accessory vehicle washing/detailing areas shall not be located within 30 feet of a residential district.

c.

All recycling material processing and storage shall occur under a roof structure.

(3)

In the mixed-use district, all processing and storage activities shall occur within an enclosed structure.

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

(a)

Purpose. Salvage yards are locations where previously discarded materials can be reclaimed and used for other purposes. Salvage yards provide an important role in sustainability strategies, material reuse, and waste management. Certain development and operation standards should be implemented to mitigate adverse impacts on the surrounding community and natural environment.

(b)

Applicability. The provisions of this section shall apply to new or expansions of salvage yard uses.

(c)

Standards.

(1)

All salvage yards and associated material storage areas shall occur behind an eight-foot high opaque masonry wall. Required screen walls are exempt from setback and height standards that may otherwise be imposed. This standard does not apply to the associated offices, indoor commercial space(s), and associated parking lots.

(2)

Salvage yards shall be improved, amended and/or maintained to prevent dust and erosion.

(3)

Accessory washing/detailing areas shall not be located within 30 feet of a residential district.

(4)

As part of in the initial review and approval, a management plan shall be prepared to identify site operation methods that will be used to prevent contaminants and pollutants associated to the use.

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

(a)

Purpose. Storage, self/mini warehouse uses are intended for leasing storage space for household goods, business or personal property. They are not intended to be warehousing normally associated with industrial related uses. Land development standards should be implemented to avoid monotonous building planes, limit certain land use activities, and ensure adequate access.

(b)

Applicability. The provisions of this section shall apply to new and expansions of existing storage, self/mini warehouses.

(c)

Standards.

(1)

No unit shall be used for human or animal habitation.

(2)

No business to be conducted from within storage units.

(3)

No outdoor storage of materials shall occur with the exception of motor vehicles, boats, trailers, and campers.

(4)

When abutting a residential district, a six-foot high opaque wall or fence shall be provided along common rear and side property lines around any outside storage area.

(5)

Outside doorways for individual storage units shall be accessible from an on-site drive aisle and/or service driveway.

(6)

In commercial, mixed-use, and planned development districts, the following standards shall apply:

a.

At least 50 percent of street-facing facades shall have architectural articulation.

(7)

One accessory dwelling unit for an owner or employee (i.e., a caretaker, night watchman, guard, manager, etc.) may be permitted as an accessory use to the storage business, provided that such residential use is limited to one dwelling unit per parcel of land.

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

(a)

Purpose. Vehicle refueling stations are facilities that specialize in retail sales of gasoline or other fuel to the general public.

(b)

Applicability. The provisions of section shall apply to all retail vehicle refueling stations and the associated components thereof. This section shall not apply to electric charging stations, battery exchange establishments, or similar facilities. This section shall not apply to accessory fuel pump that are a part of industrial uses that does not provide retail fuel sales to the general public.

(c)

Standards.

(1)

All fueling pump islands and canopy supports at service stations shall be set back at least 15 feet from a road right-of-way line.

(2)

Fueling pump islands, fuel storage apparatuses, and canopy elements shall not encroach within any required setbacks.

(3)

Fueling stations shall be equipped with an underground petroleum separator system to be used to collect runoff associated with the service area. This shall be provided as part of new facilities and tank replacement.

(4)

New fueling stations shall provide for on-site circulation for fuel dispensing trucks and similar vehicles. Tank refueling and delivery shall not be staged from the public right-of-way.

(5)

The outdoor vehicle fueling areas shall be designed to include containment of potential and/or accidental fuel spillages.

(6)

When adjacent to a residential district the following standards shall apply:

a.

A six-foot high opaque wall or fence shall be provided along rear and side property lines around any fueling mechanisms and/or fueling activity areas.

b.

No speaker or amplified announcement device shall be oriented to face a residential district.

c.

All fueling pump islands, fuel storage apparatus, and canopy elements shall be set back at least 30 feet from any residential district.

(7)

In neighborhood commercial district (C-1), the following standards shall apply:

a.

Fueling pumps shall only be permitted when in conjunction with a retail sales and service use.

b.

Sites shall be limited to four fueling stations.

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

(a)

Purpose. Vehicle storage, maintenance, and repair are establishments providing service, repair and storage of motor vehicles such as buses, cars, boats, recreational vehicles, trucks or heavy equipment. Specific site development and operational standards can ensure adverse impacts such as noise, odor, and visual clutter are not projected on to adjacent properties.

(b)

Applicability. The provisions of this section shall apply to new and expansions of vehicle storage, maintenance and repair establishments and similar uses. This section shall not apply to private vehicles as part of a residence.

(c)

Standards.

(1)

All service and repair activities shall be within fully enclosed buildings.

(2)

A six-foot high opaque wall/fence shall be provided between any service and repair bays and any abutting residential use.

(3)

The outdoor storage of parts shall be allowed only in the rear and side yards, and shall be a minimum of five feet from a residential property.

(4)

The outdoor storage or parking of any disabled, wrecked or partially dismantled vehicle or boat shall not exceed 30 days during any 60-day period.

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

Adult uses, as defined by county ordinance, shall be located pursuant to such ordinance adopted by the board of county commissioners to regulate such uses. These establishments shall further be subject to the provisions of chapter 42 consumer protection article III, adult uses.

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

(a)

Purpose. Commercial recreation uses are privately-owned businesses focused on offering amusement, recreation and personal instruction in schools of dance, gymnastics, martial arts and similar sports. Commercial recreation uses have the potential to cause adverse impacts on neighboring properties and the immediate vicinity in terms of noise, light, traffic and visual clutter. Development and operation standards should be applied to mitigate negative impacts.

(b)

Applicability. The provisions of this section shall apply to new or expansions of commercial recreation uses.

(c)

Standards.

(1)

Commercial recreation, indoor uses are subject to the following:

a.

All activity areas and facilities shall be located in an enclosed building that includes a roof and exterior walls.

(2)

Commercial recreation, outdoor uses shall be subject to the following:

a.

No outdoor activity area or its ancillary uses may encroach the required district setbacks. This does not apply to trails and pathways.

b.

A six-foot high fence/wall and/or a landscape buffer shall be provided around outdoor activity areas that abut a residential use. The fence/wall and/or buffer is not required for portions used for access and areas required for sight visibility. This standard is not required for passive use areas of the project.

c.

Outdoor lighting shall be designed such that direct sources of illumination are not visible beyond the property lines. Lights shall be directed away from adjacent residential uses.

d.

Nets used for driving ranges are exempt from the district height standard.

(3)

When adjacent to a residential district the following standards shall apply:

a.

No speaker or amplified announcement device shall be oriented to face the residential district.

b.

Low and high intensity outdoor activity areas shall be set back at least 50 feet from any residential district. Passive outdoor areas are exempt from this standard.

(4)

When located within an E-1, I, or GO district, such uses shall be limited to less than 20,000 square feet.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 65, 4-27-21; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. Land developed and operated as a golf course include tees, fairways, and putting greens, practice greens, and driving ranges. Golf courses may include accessory structures/uses such as clubhouses. It is intended that golf courses are designed with the principles of the University of Florida IFAS Extension Florida-Friendly Landscaping TM Program in mind, and provide for effective water quality management.

(b)

Applicability. The provisions of this section shall apply to new and expansions of Golf courses and their accessory structures.

(c)

Standards.

(1)

Fairways shall include an average of a 50-foot buffer from any roadway and/or residential property. Clusters of two or more trees shall be planted or retained within these required buffers to protect surrounding uses from stray golf balls.

(2)

Clubhouses may be permitted as an accessory to use a golf course subject to the following standards:

a.

Accessory uses such as alcohol dispensing lounges, food service, meeting rooms, and pro-shops shall be considered ancillary to golf courses.

b.

Clubhouses may be approved as part of an active golf course operation.

(3)

Golf courses shall be designed to respond to and conserve the natural environment to the greatest extent feasible. The following standards shall be applied to golf course design:

a.

Golf courses should be designed to minimize the need to alter or remove existing native landscapes, trees, and vegetation, and which provide opportunities for restoration/enhancement of valuable habitat.

b.

Golf course design should provide for creation and/or restoration of native habitat.

c.

The site plan should protect drainage systems that support retained vegetation.

d.

Design should protect and restore riparian habitat. The design shall employ the required upland vegetated buffer strips to mitigate impacts to riparian corridors and other significant habitat which may result from surface drainage of the golf course, cart paths, and other developed areas. Upland buffer widths are defined in the landscaping and natural resources chapters of the Code.

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

(a)

Purpose. Parks and recreation areas are areas of public/semi-public recreation that includes varying levels of amenities premised on the resource-based or facility-based designation. Park sizes and their amenities are appropriate at certain locations within the community in terms of scale, intended users, intensity, and accessibility.

(b)

Applicability. The provisions of this section shall apply to new and expansions of parks and recreation areas. This section shall not apply to the following:

(1)

Private commercial recreation uses that provide areas for amusement in exchange for a fee or payment;

(2)

Common open space areas on the same parcel of another use (example, a courtyard area serving a multifamily building is not subject to this section);

(3)

Uses within the resource-based recreation (RBR) or facility-based recreation (FBR) zoning districts; and

(4)

Regional county parks as defined in the comprehensive plan.

(c)

Standards.

(1)

Parks and recreation areas, resource-based uses shall be subject to the following standards:

a.

Recreational amenities shall be limited to trails, pathways, and gardening plots.

b.

Sports fields, skate parks, swimming pools/splash pools, vehicle race tracks, playground equipment, concession stands or other similar uses are not permitted.

c.

Covered shelters and restroom facilities are permitted.

(2)

Parks and recreation areas, facility-based low intensity uses shall be subject to the following standards:

a.

Recreational amenities shall be limited to trails, pathways, gardening plots, playgrounds, and sports courts such as tennis and basketball.

b.

Sports fields, skate parks, swimming pools/splash pools, vehicle race tracks, concession stands or other similar uses are not permitted.

c.

Covered shelters and restroom facilities are permitted.

d.

No facility-based recreational element may encroach within the required district setbacks. This shall not apply to trails and pathways.

(3)

Parks and recreation areas, facility-based high intensity uses shall be subject to the following standards:

a.

Recreational amenities may include trails, pathways, gardening plots, playgrounds, sports courts, swimming pools/splash pools, skate parks, sports fields, and concession stands. Other similar recreational uses may be permitted subject to the county administrator or designee interpretation.

b.

Covered shelters and restroom facilities are permitted.

c.

No facility-based recreational element may encroach within the required district setbacks. This shall not apply to trails and pathways.

d.

Lights and amplification sources shall be directed away from adjacent residential uses.

(4)

Water body activity uses such as docks, piers, and marinas may be reviewed and approved pursuant to Table 138-355—Table of Uses for Zoning Districts.

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

(a)

Purpose. Shooting ranges and gun clubs are establishments that provide for the recreational use, training, or practice of firearm use.

(b)

Applicability. The provisions of this section shall apply to new and expansions of shooting ranges/gun clubs.

(c)

Standards.

(1)

Indoor shooting ranges are subject to the following standards:

a.

Indoor shooting ranges and gun clubs may be permitted according the type of review as identified in Table 138-355—Table of Uses for Zoning Districts, provided that any such uses shall comply with all appropriate local, state, and federal regulations or laws.

b.

All shooting ranges shall be located in an enclosed structure.

(2)

Outdoor shooting ranges are subject to the following standards:

a.

The minimum lot area shall be ten acres.

b.

A projectile-proof backstop, consisting of concrete, steel, earth or a combination thereof, at least 15 feet high shall be erected and maintained behind all target areas.

c.

The hours of operation shall be limited to 9:00 a.m. and 7:00 p.m.

d.

The noise level shall not exceed 63 dBA as measured at the property boundary.

e.

The discharge of firearms shall be conducted only within areas specifically designated for such use on an approved site plan.

f.

The perimeter of the shooting range activity, including the firearm discharge area and surrounding berms, shall be enclosed by a fence or wall, a minimum of six feet in height. Warning signs, of at least one square foot each, shall be attached to the perimeter fence at the frequency of at least one for every 100 lineal feet plus one at each entry gate.

g.

Development proposals shall include a hazardous waste management plan, prepared by an independent environmental consultant, to assure the protection of groundwater from lead and other contaminants associated with the discharge of firearms.

h.

Development proposals shall demonstrate compliance with all applicable state regulations and how safety and noise factors have been addressed through the site plan and other special features of the proposed development.

(3)

Shooting ranges/gun clubs are specifically permitted with the following accessory uses and activities:

a.

Meeting rooms and similar accommodations;

b.

Retail sales of guns, ammunition, and supporting merchandise; but subject to other state and federal regulations; or

c.

Training and instruction services.

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

(a)

Purpose. Theaters and cinemas provide plays, dramatic performances, and motion pictures to an audience.

(b)

Applicability. The provisions of this section shall apply to new and expansions of permanent theaters and cinemas. This section is not intended to be applicable to other uses that may periodically show motion pictures and/or host dramatic performances as an accessory to their primary operation (e.g., places of worship, schools and/or restaurants hosting periodic live performances). This section shall not apply to outdoor movie theaters.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

(a)

Purpose. Cemeteries are intended to serve as burial, crematory, and ceremonial uses. There are some accessory uses that are normally associated with cemeteries.

(b)

Applicability. The provisions of this section shall apply to new and expansions of cemeteries.

(c)

Standards.

(1)

Cemeteries may include ancillary and accessory uses and structures.

(2)

Graves and/or burial crypts shall be located at least 50 feet from an adjacent parcel.

(3)

Any accessory crematory shall be located at least 200 feet from of an abutting parcel and shall be buffered from view from adjacent residential lands by fencing or landscaping as deemed appropriate by the reviewing body.

(4)

If the site exceeds or is equal to three acres in size, the uses shall be designated as institutional on the county's future land use map.

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

(a)

Purpose. Day care facilities provide for care and supervision of youth, elderly, and the impaired. Such use should be allowed in a variety of districts to site facilities in close proximity to residences and places of employment. Specific standards should be applied to ensure that facilities are compatible and complementary to the district in which they are located.

(b)

Applicability. The provisions of this section shall apply to new and expansions of day care facilities. This section does not apply to day care, family facilities or any other separate use listed on the district Table of Uses.

(c)

Standards.

(1)

Facilities shall be licensed as required by appropriate governmental agencies.

(2)

When abutting a residential use, a six-foot high opaque wall or fence shall be provided along rear and side property lines around any outdoor child play area.

(3)

In Single-family districts, new day care facilities should be architecturally compatible with houses in the immediate neighborhood in terms of materials and fenestration.

(4)

Child day care centers shall orient all play areas and provide buffering and separation so as to prevent adverse impacts to adjacent properties.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 66, 4-27-21)

Editor's note— Ord. No. 21-11, § 66, adopted April 27, 2021, repealed the former § 138-3291, pertaining to congregate care and nursing home facilities and §§ 66—71 of said ordinance renumbered former §§ 138-3292—138-3296 as 138-3291—138-3295. Historical notations are retained for reference purposes. Former § 138-3291 derived from Ord. No. 18-36, § 3(Att. B), adopted Oct. 23, 2018.

(a)

Purpose. Government buildings and uses include offices and other facilities used for administrative, legislative, public safety, and judicial governmental functions. These uses are focused in commercial and institutional areas but certain public need warrants establishment in other areas.

(b)

Applicability. The provisions of this section shall apply to new and expanding government building or use. These standards shall not apply to other uses listed separately in Table 135-355, Table of Uses for Zoning Districts, (examples include but not limited to utilities, schools, public housing, parks and recreation, and libraries).

(c)

Standards.

(1)

When the use requires a Type 2 or 3 approval, the size, intensity, development configuration, and hours of operation may be limited as a condition of approval in order to address neighborhood compatibility concerns. Due to the variety of uses and associated impacts, specific standards shall be determined during this review.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 67, 4-27-21)

Editor's note— See editor's note to § 138-3291.

(a)

Purpose. Hospitals are establishments providing medical, diagnostic, and treatment services including physician, nursing, specialized accommodations, and other health services to in-patients. Medical clinics provide outpatient treatment only and can include stand-alone emergency rooms that may or may not be open on a 24-hour basis.

(b)

Applicability. The provisions of this section shall apply to new and expansions of hospitals.

(c)

Standards.

(1)

New or expansions to hospitals are prohibited within the coastal storm area, the area inundated by a category 2 hurricane, or a floodway. This restriction does not preclude substantial improvements or the replacement of an existing facility as long as its use as a hospital has not been abandoned, and the improvements or replacement do not result in additional beds. This does not apply to stand-alone medical clinics that are outpatient only.

(2)

Hospitals may provide outpatient services, clinics, medical offices and other ancillary uses.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 68, 4-27-21)

Editor's note— See editor's note to § 138-3291.

(a)

Purpose. Facilities provide shelter for public gatherings and communal activities, or other assembly structures, including community halls, reception halls, wedding halls, places of worship and similar uses.

(b)

Applicability. The provisions of this section shall apply to new or modifications to meeting halls and other community assembly facilities. This section does not apply to government uses.

(c)

Standards.

(1)

In the general professional office (GO) and neighborhood commercial districts (C-1), the following standards shall apply:

a.

Meeting halls and other community assembly facilities less than 20,000 square feet shall be permitted as a Type 1 review.

b.

Meeting halls and other community assembly facilities 20,000 square feet and larger must secure Type 2 approval.

(2)

In residential districts, the following standards shall apply:

a.

Parking lots should be located behind the front building.

b.

Street facing façades shall have architectural articulation and fenestration.

(3)

When adjacent to a residential district the following standards shall apply:

a.

No speaker or amplified announcement device shall be oriented to the residential district.

b.

Active recreational areas such as sports fields and playgrounds shall be set back at least 50 feet from any residentially-zoned lot. This does not apply to trails and pathways.

(4)

Accessory uses such as retail shops, food service facilities, and day cares, should be generally intended to serve employees and members of the meeting hall/community assembly facility. Land uses that are intended to primarily serve outside customers and the general public shall seek separate land use approval pursuant to Table 135-355, Table of Uses for Zoning Districts.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 69, 4-27-21)

Editor's note— See editor's note to § 138-3291.

(a)

Purpose. Nursing home facilities provide, for a period exceeding 24 hours, nursing care, personal care, or custodial care for persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but shall not include any place providing care and treatment primarily for the acutely ill.

(b)

Applicability. The provisions of this section shall apply to new and expansions of nursing home facilities.

(c)

Standards.

(1)

In single-family residential districts, facilities should be architecturally compatible with houses in the immediate neighborhood in terms of materials and fenestration.

(2)

A designated pedestrian pathway shall be provided between the main building entrance and the nearest adjacent street. This pathway shall satisfy current ADA requirements.

(3)

Facilities shall be developed with at least ten percent of the site area to be reserved and/or improved as common open space.

a.

This open space area may be combined with other open space requirements of the zoning district.

b.

Required common open space shall be usable for parks, recreation, and/or retained for natural resource protection.

(4)

New or expanded nursing home facilities are prohibited within the coastal storm area, the area inundated by a category 2 hurricane, or a floodway, as defined by this chapter. This restriction does not preclude substantial improvements or the replacement of an existing facility as long as its use as a nursing home has not been abandoned, and the improvements or replacement do not result in additional beds.

(5)

The number of beds may not exceed three times the allowed density of the future land use map category in which the parcel is located.

(Ord. No. 21-11, §§ 70, 71, 4-27-21)

Editor's note— See editor's note to § 138-3291.

(a)

Purpose. Schools, grades Pre-K thru 12 shall include specific development standards to ensure compatibility with the surrounding neighborhood in which they are located.

(b)

Applicability. The provisions of this section shall apply to new and expansions of schools, grades pre-K thru 12. For the purposes of this section, public schools shall include facilities operated by the Pinellas County School Board and/or operated as a charter school.

(c)

Standards.

(1)

Schools proposed by the school board.

a.

Nothing within this chapter shall prohibit the board of county commissioners from entering into an agreement with the county school board to establish a procedure for the review of site plans for compliance with the county's land development regulations, Stormwater Manual and consistency with the comprehensive plan. Such a procedure may include, but not be limited to, locational criteria (including the identification of zoning districts in which schools may be located), environmental requirements, safety requirements, health requirements, and the mitigation of off-site impacts and effects on adjacent property. The locational criteria of this chapter shall be superseded by the adoption of such an agreement.

(2)

Private schools of general or special education in residential districts:

a.

Specific standards and conditions to be determined during the associated type of review as identify by the zoning district.

(3)

New or expansions of public schools shall be reviewed and considered with the following general criteria:

a.

The proposed location is compatible with present and projected uses of adjacent property.

b.

The site area of the proposed location is adequate for its intended use based on the state requirements for educational facilities and provides sufficient area to accommodate all needed utilities and support facilities and allow for adequate buffering of surrounding land uses.

c.

Based on the five-year work program of the school board and the Pinellas County Comprehensive Plan, there will be adequate public services and facilities to support the public educational facility.

d.

There are no significant environmental feature that would preclude development of a public educational facility on the site.

e.

There will be no adverse impact on archaeological or historic sites listed in the National Register of Historic Places or designated by a local government as locally significant historic or archaeological resources.

f.

The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements.

g.

The proposed location is not in conflict with the Pinellas County Stormwater Management Plan and any watershed management plans adopted by Pinellas County, if applicable.

h.

The proposed location is not in a velocity flood zone or a floodway.

i.

The proposed location can accommodate the required parking and anticipated queuing of vehicles onsite.

j.

The proposed location lies outside the area regulated by F.S. § 333.03(3), or as amended, regarding the construction of public educational facilities in the vicinity of an airport.

(4)

The following criteria shall also be used to evaluate whether proposed locations of specific types of schools are consistent with the Pinellas County Comprehensive Plan:

a.

Elementary schools, special education facilities, and alternative education facilities:

1.

The proposed location shall have direct access to at least a collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification.

b.

Middle schools:

1.

The proposed location shall have direct access to at least a collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification.

2.

Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties.

c.

High schools:

1.

The proposed location shall have direct access to at least a collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification.

2.

Stadiums, outdoor recreational facilities, and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties.

d.

Vocational-technical schools:

1.

The proposed location shall have direct access to at least a collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification.

2.

Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties.

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

(a)

Purpose. The intent of a shelter is to provide relatively short-term, transitional housing for individuals in need (e.g., homeless shelters). The purpose of this section is to clarify the permitted operational characteristics of shelters.

(b)

Applicability. The provisions of this section shall apply to new and expansions to shelters/transitional housing facilities. The provisions of this section shall not apply to dormitories, jails, campgrounds, hotel/motel, or similar use. The provisions of this section shall not apply to emergency shelters for natural disasters (e.g., temporary hurricane shelters).

(c)

Standards.

(1)

The average tenancy of the sleeping areas and rooms should generally be less than one month.

(2)

Shelters may have food preparation facilities.

(3)

Structures may contain open sleeping areas and/or individual sleeping rooms.

(4)

Shared, fully-equipped cooking facilities may be available to residents. Individual rooms may or may not to have full kitchens.

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

(a)

Purpose. Airports shall include specific development standards to ensure safety and compatibility.

(b)

Applicability. The provisions of this section apply to new and expansions of airports.

(c)

Standards.

(1)

New or enlarged airports. In addition to all other items required by the pertinent sections of this chapter, applications for enlarging or changing existing airfields or to permit a new airfield shall be accompanied by:

a.

Proof of compliance with all county, state and federal laws, regulations and requirements.

b.

Complete plans for all airport facilities, including approach zones, horizontal zones and conical zones.

c.

A fee sufficient in amount to reimburse the county for all costs of installing and maintaining warning lights or markers upon any existing tree or structure outside of the property of the applicant and which extends into any approach zone, horizontal zone, or conical zone.

d.

A list of all trees or structures which extend into any approach zone, horizontal zone or conical zone and the dimensions of such trees or structures.

(2)

Clear space.

a.

In order to reduce danger from low-flying planes approaching and taking off from the airfield, the end of a runway shall not be closer than the applicable distance as set out in this subsection and as measured within the area drawn by the means provided in subsection (2)(b) of this section.

1.

750 feet for airstrips.

2.

1,000 feet for class I airfields.

3.

2,000 feet for class II or class III airfields.

4.

2,500 feet for class IV airfields.

b.

Such distance shall be measured from the end of each runway by extending a line perpendicular to the centerline of the runway one and one-half times the width of the runway in each direction from the centerline and taking the points from each end of such line so drawn; thence extending a line from each of such points away from the centerline at an angle of seven degrees on each side for the distance as required in subsection (1)(b) of this section; an arc shall then be drawn connecting the point at the far end of each seven-degree angle line using the end of the centerline of the runway as the center point for such arc.

(3)

Runways. All runways shall conform in length and width to the Federal Aviation Agency's minimum standards.

(4)

Aprons and ramps.

a.

Aprons and ramps shall be perpendicular to runways and taxiways.

b.

Vehicles or aircraft shall not be parked or stored in the area outlined by the directions in subsection (b)(2) of this section, nor within 100 feet of the edge of the runway, whichever distance is greater.

(5)

Construction within the airfield.

a.

Structures within the airfield shall be constructed of material which will provide not less than two hours' fire-resistant construction according to the standards established by the American Society of Testing Materials or the requirements of the National Fire Protection Association.

b.

All airports shall be fenced; such fences shall be a minimum of four feet in height.

c.

Storage of gasoline shall be underground and in accordance with the requirements of all applicable laws and ordinances.

(6)

Height limitations near airports.

a.

No existing use, structure or tree may be extended, expanded or enlarged so as to encroach into any portion of the approach zones, horizontal zones or conical zones, nor shall any existing use, structure or tree be permitted to encroach into any of the aforesaid zones.

b.

Any use, structure or tree existing on January 30, 1990, and which extends into any approach zone, horizontal zone or conical zone of an existing airport shall be considered nonconforming and may not further encroach into any of the aforesaid zones.

c.

Where any use, structure or tree which shall be in existence on the date on which a proposed airport shall be approved and where such use, structure or tree extends into the approach zones, horizontal zones or conical zones of such an airport, such use, structure or tree shall be considered nonconforming as of the date specified in this section and shall be in no way expanded to further encroach into the aforesaid zones.

(7)

Airport hazards (Florida Aviation Laws, F.S. § 333.02).

a.

It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared that:

1.

The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;

2.

It is therefore necessary in the interest of the public health, safety and general welfare that the creation or establishment of airport hazards be prevented; and

3.

This should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation.

b.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover.

(8)

Other hazards.

a.

Uses within two miles of any airfield runway shall conform to the performance standards established in division 14 of this section.

b.

No electrical use or operation shall be permitted that interferes with instrument control or landing operations of planes or of radar, radio or ground control approach systems for such airport.

(9)

Uses at the St. Petersburg-Clearwater International Airport and in the surrounding area shall be regulated and restricted pursuant to chapter 142, article II.

(10)

Additional standards.

a.

The minimum building site areas for each primary use and its customary accessory use shall be a minimum of five acres of land with a minimum width of 200 feet and a minimum depth of 200 feet.

b.

No structure within this area shall exceed 45 feet in height.

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

(a)

The construction, expansion, and/or repair to docks and piers shall comply with the requirements of chapter 58, article XV, division 3, docks and similar structures.

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

(a)

Purpose. Marinas are intended to provide services and facilities to serve the boating community. Marinas should be subject to specific development standards to ensure land use compatibility, natural resource protection, and public safety.

(b)

Applicability. The provisions of this section apply to new and expansions of marinas.

(c)

Standards.

(1)

Comprehensive plan compliance. Site plans for marinas shall not be approved unless such plans are in substantial compliance with the policies of the coastal management element of the county's adopted comprehensive plan.

(2)

Use standards.

a.

Marinas are generally limited to the following activities: boat storage and launching, docking, minor repair and maintenance of water craft such as washing, polishing, engine tune up, oil change, lubrication, minor outfitting, retail sale of fuel, oil, bait, tackle and marine supplies, restaurants or such other customary use commonly found at a retail marina.

b.

Boat building, major repair operations and/or shipping port activities shall not be allowed as part of a marina.

c.

Other uses may be allowed pursuant to Table 138-355—Table of Uses for Zoning Districts.

(3)

Operational standards. Marinas shall be subject to the following site development and operational standards:

a.

The proposed marina location shall contain adequate water depth to accommodate the proposed boat use.

b.

The proposed marina location shall contain adequate flushing of the basin to prevent stagnation and water quality deterioration.

c.

The marina shall not result in adverse impact on archaeological or historic sites as defined by the state and local comprehensive plans.

d.

The proposed marina shall possess reasonable access to a large navigable water body and/or prime boater destination points.

e.

The marina shall contain sufficient upland area to accommodate required ancillary uses including, but not limited to utilities, parking, restrooms, dry storage, and similar uses.

f.

New marinas shall provide safe environmental management of litter, fuel, sewage, chemicals, and stormwater runoff based on the best management practices established by the Florida Clean Marina Program or current equivalent thereof.

g.

The proposed marina project shall include and maintain a hurricane plan.

(4)

Design standards. The following design standards shall be applied to new and expansions of marinas:

a.

Marina related uses may be set back zero feet from the water's edge.

b.

Marinas shall address vehicle parking and loading requirements.

(5)

Permitting standards. The following permitting standards shall apply to new and expansion of marinas:

a.

When the marina use requires a Type 2 or 3 approval, the size, intensity, development configuration, and hours of operation may be limited as a condition of approval in order to address neighborhood compatibility concerns. Due to the variety of uses and associated impacts, specific standards shall be determined during this review.

b.

Where docks, seawalls, launching ramps, etc., are proposed and would require permits from the county water and navigation control authority, the land use request and the water and navigation application shall be reviewed simultaneously.

c.

Minor modifications to an existing marina, resulting in no more than a ten percent increase in the number of boat storage spaces on the upland area of the site or a ten percent increase in the size of the building footprint and/or parking area, may be approved as a Type 1 review through the site plan review process, provided all other permitting criteria and conditions are met.

d.

Marinas shall not be constructed or expanded in areas determined by the Florida Department of Environmental Protection or other governmental wildlife agency, to be critical to the survival of the West Indian Manatee. Minor repairs of existing marinas are exempt from this limitation.

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

(a)

Purpose. Construction of towers and antennas should be designed in a manner to minimize the visual impacts of towers on the landscape and to ensure public safety. It is the intent of this section to encourage and allow communication equipment to be collocated on to an existing tower or structure. It shall be the intent of this chapter to allow for the reasonable expansion of technology in keeping with the 1996 Federal Telecommunications Act while providing reasonable regulation of communication towers and antennas to ensure that the county landscape is not adversely affected by the proliferation of tall towers.

(b)

Applicability.

(1)

The provisions of this section shall apply to the following uses and structures outside of the county's rights-of-way:

a.

Transmitting stations, remote radio and television uses and structures. This shall not apply to broadcast studios or office.

b.

Wireless communication antennae, towers, and associated structures.

(c)

Standards. The following provisions shall apply:

(1)

Freestanding communication towers and antennas shall be subject to the following height standards:

a.

Communication towers and antennas may be erected to a maximum of 20 feet above the height limits of the zoning district in which they are located.

b.

Communication towers which are designed to be camouflaged may be erected to a maximum of 75 feet or the maximum height described above, whichever is greater. Camouflage may include towers to be designed to resemble trees, palms, flag poles, and other similar feature.

c.

The heights of these structures or appurtenances thereto shall in no case exceed the height limitations prescribed by the Federal Aviation Agency within the flight approach zone patterns of airports.

(2)

Freestanding communication towers shall be subject to following setback standards:

a.

All towers and supporting equipment shall meet district setback requirements.

b.

New towers shall be set back from abutting residential property lines a distance equal to the height of the tower.

c.

These setback restrictions do not apply to communication equipment attached to utility poles or similar feature in the public right-of-way.

d.

These setback restrictions may be reduced for self-collapsing tower designs, subject to a Type 2 review as a Variance. The applicant shall demonstrate that the reduced setbacks will not create a safety hazard.

(3)

Antennas and supporting mechanical equipment may be installed on or attached to buildings, light poles, other existing towers, water towers, or other existing structures in any zoning district. Such antennas shall add no more than 20 feet in height above the existing structure and shall be a neutral color similar to that of the supporting structure.

(4)

Supporting equipment buildings shall be compatible with the architecture of the neighborhood in which located.

(5)

Towers and supporting structures shall be a neutral, non-glare color or finish so as to reduce visual obtrusiveness (except as may otherwise be required by the Federal Aviation Authority).

(6)

Any tower or antenna which is not operated for a period of 180 days or more shall be considered abandoned and subject to the following standards:

a.

Upon written notification by the county, the owner shall remove the tower or antenna within 60 days. Failure to do so shall constitute a violation of this Code.

b.

Upon such written notification any previously granted variance or special exception shall terminate.

c.

Abandonment shall not include towers or antennas damaged by forces beyond the control of the operator, where the operator is proceeding in good faith to restore the facility to operational status.

d.

A tower or antenna shall be considered operational so long as an antenna and corresponding electronics, in operational condition, are present, at the facility or undergoing repairs in accordance with the above.

(7)

Towers shall include the following safety features:

a.

Towers shall be enclosed by security fencing a minimum of six feet in height.

b.

Towers shall be equipped with warning lights in accordance with FAA standards regardless of height.

(8)

Towers shall not be used for the placement of advertising or signs other than warning signs or devices.

(9)

Communication towers and antennas may seek flexibility to the standards in this section subject to Type 2 review as a Variance. Conditions may be imposed on the structure(s) to ensure compatibility and safety with adjacent properties.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 25-3, § 1, 1-28-25)

(a)

Purpose. Heliports and helistops shall include specific development standards to ensure safety and compatibility with the surrounding neighborhood and any structures they are intended to serve.

(b)

Applicability. The provisions of this section shall apply to new and expansions of heliports and helistops.

(c)

Standards.

(1)

A showing of compliance with airport licensing and zoning, rules of the state department of transportation and applicable FAA licensing.

(2)

A heliport and helistop is a permitted accessory use to a hospital.

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

(a)

Purpose. Mass transit centers are vital to an efficient public transportation system by providing connections to various lines and endpoints to individual routes. Mass transit centers should be designed to be convenient to pedestrians. Transit centers shall include specific development standards to ensure pedestrian access, safety, and compatibility with the surrounding neighborhood.

(b)

Applicability. The provisions of this section shall apply to new and expansions of Mass transit centers. This section shall also be applicable to park-and-ride facilities where users leave private vehicles in a designated lot and board a transit vehicle for commuting. This section shall not apply to individual transit shelters located along a street or located as part of another use. (Example: A transit stop located within a shopping center development is not subject to this section.)

(c)

Standards.

(1)

Mass transit centers should be focused at community nodes and areas of higher density/intensity.

(2)

A permanent structure shall be provided for use by shelter transit riders. The structure shall include a roof structure and be an adequate size to serve the projected number of transit riders.

(3)

Transit stops and passenger waiting areas shall be clearly visible from a nearby street to ensure surveillance and site safety.

(4)

ADA compliant pedestrian pathways shall be provided to connect individual transit stops to one another and with public sidewalks along adjacent roadways. Pathways shall be a minimum of five feet in width.

(5)

Park-and-ride lots shall be developed consistent with the parking and landscaping requirements of article X, community design standards.

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

(a)

Purpose. Facilities shall include specific development standards to ensure safety and compatibility to the district and/or natural environment in which they are located.

(b)

Applicability. The provisions of this section shall apply to new and expansions of off-shore tour vessel and water transport uses. The intent of this section is to regulate docks, boat slips, marinas and related upland facilities that off-shore tour vessels and water transport utilize. Nothing in this section shall be construed to regulate the actual operation of off-shore tour vessels and water transport.

(c)

Standards.

(1)

The reviewing body for a new off-shore tour vessel and water transport use shall consider each of the following criteria in determining whether an application should be approved:

a.

The proposed use shall address and mitigate its possible detrimental effects on surrounding properties including lights, noise, odor, or other nuisance effects.

b.

The proposed use shall address and mitigate its impact on traffic circulation.

c.

The proposed use shall demonstrate that there is adequate upland support for the operation, including but not limited to, parking, boarding location, and similar uses.

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

(a)

Purpose. The purpose of this section is to assign specific standards to stand-alone parking facilities that may or may not be associated with a specific business or use.

(b)

Applicability. The provisions of this section shall apply to stand-alone parking lots and parking structures that are located on a separate parcel from the use(s) they are intended to serve.

(c)

Standards.

(1)

Parking structures shall be subject to the district design criteria provisions of article X division 6 of this chapter.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 72, 4-27-21; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

(a)

Purpose. Solar energy systems are intended to collect and provide solar power to individual buildings and their accessory uses. They are also intended to be small in scale and should be architecturally integrated to and complementary to the structure in which they are attached.

(b)

Applicability. The provisions of this section shall apply to all solar energy systems and similar facilities.

(c)

Standards.

(1)

Solar energy systems shall be an allowed accessory use.

(2)

The system shall comply with district lot size and setbacks.

(3)

In residential districts, the following standards shall apply to solar energy systems:

a.

Ground mounted solar panels are limited to a maximum height of 14 feet.

b.

Where technically feasible, highly-reflective, roof-mounted solar energy systems shall be installed in a location that is least visible from streets. When technically practical, tilt-mounted solar panels should be installed parallel to the roofline to minimize their visual impact.

c.

Highly-reflective solar collection surfaces shall be oriented away from neighboring windows. If there is evidence that glare will be casted directly onto neighboring windows or create a safety concern for vehicles in a street, then the use of a non-reflective surface or screening may be required as an alternative finish.

(4)

Solar energy systems may be affixed to any building on the site including but not limited to: the principal structure, accessory buildings, and/or carports.

(5)

New technologies in solar energy systems that incorporate energy collection cells as part of the structure's building materials and do not create excessive glare may be exempt from the design restrictions of this section.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

(a)

Purpose. The facility and activities are intended to capture solar energy and converts it to electrical energy primarily for sale or consumption off-premises.

(b)

Applicability. The provisions of this section shall apply to all solar energy production facilities and similar uses. This section is not intended to include the use of solar energy devices for net metering (producing electrical energy primarily for on-premises consumption).

(c)

Standards.

(1)

A solar energy production facility shall comply with district dimensional standards in terms of lot size, height, and setbacks.

(2)

A solar energy production facility shall be designed and operated to protect public safety, including without limitation, preventing the misdirection of concentrated solar radiation onto nearby properties, public roads or other areas accessible to the public and implementing site design and operating procedures to prevent public access to hazardous areas.

(3)

A solar energy production facility shall comply with all applicable local, state and federal laws and regulations governing the operation of a solar generation facility.

(4)

The property owner shall remove a solar energy production facility within one year following a continuous two-year period of non-use.

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

(a)

Purpose. Utilities provide essential services to all land uses. Utilities are described as Class 1, 2, or 3, in order to separate facilities based on intensity.

(b)

Applicability. The provisions of this section shall apply to new and expansions of utilities, Classes 1, 2, and 3. This section shall not apply to any other separate land uses listed on the district table of uses.

(c)

Standards.

(1)

Utilities, Class 1 may include transmission lines; electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields; effluent disposal systems; cable television and telephone transmission lines; or similar utility lines.

(2)

Utilities, Class 2 shall be subject to the following standards:

a.

Utilities, Class 2 may include booster stations, pumping stations, switching facilities, substations, lift stations, or other similarly required facilities in connection with telephone, electric, steam, water, sewer, and other similar utilities.

b.

Portions of pumping stations or similar facilities that extend above ground shall be buffered from off-site view. Buffering methods may include landscaping, fencing, and/or a permanent building.

(3)

Utilities, Class 3 shall be subject to the following standards:

a.

Utilities, Class 3 may include production or treatment facilities such as sewage treatment plants, elevated water storage towers, non-accessory ground storage tanks, or similar facilities. Utilities, Class 3 does not include electric power plants, solid waste management, or any other separate land use listed on the district table of uses.

b.

All treatment operations shall be conducted behind a six-foot high opaque wall or fence.

c.

Treatment facilities shall be setback at least 100 feet from a residential property.

(4)

Spillage containment systems shall be provided for lift stations or similar pumping facilities to sufficiently contain accidental discharges.

(5)

Electric substations are exempt from landscaping requirements that may interfere with safety and operations.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 73, 4-27-21)

(a)

Purpose. Waste management related uses are vital to the urbanized county to collect garbage, waste, and other discarded material. These uses require a higher type of review to address site development and operational concerns.

(b)

Applicability. The provisions of this section shall apply to the following waste management related uses: Bio hazardous or hazardous waste storage and treatment; solid waste management facilities; and solid waste transfer facilities.

(c)

Standards.

(1)

The applicant shall demonstrate adequate screening and buffering will occur to protect adjacent uses from incompatible land use activities that are associated with the waste management use.

(2)

As part of Type 3 approval, the board of county commissioners may require annual reporting to the county, in a form acceptable to the county, of the tonnage and types of materials received, and the tonnage and types of materials transferred or recycled, if determined to be applicable by Pinellas County Utilities Solid Waste Operations Department.

(3)

In addition to the provisions of the Code, facilities shall comply with all local, state, and federal laws, regulations, orders, consent orders, decrees, permit conditions or judgments.

(4)

Bio hazardous or hazardous waste storage and treatment facilities shall not be located within one-half mile of residentially zoned property.

a.

Distances shall be measured in a straight line from the outside perimeter of the subject property to the closest point of any residential zoning district, regardless of municipal or county jurisdiction.

b.

Any variances to these distance requirements shall be in response to a demonstrated hardship and shall be consistent with the purpose and intent of the distance requirements of this section.

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

(a)

Purpose. An aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires, and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill or wind turbine. For the purposes of this Code, small scale WECS shall be defined as those WECS rated 60 kW or less; and medium scale WECS shall be defined as those WECS rated more than 60 kW to 100 kW.

(b)

Applicability. The provisions of this section shall apply to all wind energy conservation systems or similar facility rated up to 100 kW.

(c)

Standards.

(1)

Wind energy conservation systems are subject to the following dimension standards:

a.

Height.

1.

The maximum structure height in residential districts shall be 45 feet as measured from the height above grade of the fixed portion of the tower, excluding the wind turbine blades.

2.

The maximum structure height in non-residential zoning districts shall be 120 feet as measured from the height above grade of the fixed portion of the tower, excluding the wind turbine blades. Additional height may be granted as part of Type 2 or 3 review.

b.

Setbacks.

1.

Freestanding WECS shall be setback at least distance equal to the height of the WECS provided from adjacent property boundaries.

2.

Roof mounted WECS shall not be required to meet additional setbacks, provided in such cases the support tower, excluding the wind turbine, is not more than ten (feet in height as measured from the point on the roof where it is mounted AND does not exceed the maximum height above grade permitted in subsection (1).a.1. above.

(2)

Wind energy conservation systems shall provide at least 12 feet of clear area between the turbine blades and the ground. WECS located in a secured, fenced area may be exempt from this standard.

(3)

Wind energy conservation systems, shall be designed to utilize tubular supports with pointed tops in order to prevent perching or nesting birds.

(4)

Towers should minimize lattice supports, fixed external ladders, and platforms that could encourage perching or nesting birds.

(5)

Noise produced by wind energy conservation systems, operations are subject to the standards established in chapter 58, article XII of the Pinellas County Code.

(6)

Wind energy conservation systems shall not be artificially lighted or marked except as may be required by other applicable county, state and federal requirements.

(7)

Wind energy conservation systems towers shall be designed to prevent non-authorized climbing as follows:

a.

Towers shall be designed with no hand or foot holds below 16 feet in height; or

b.

Access to the tower shall be secured with a fence of other security mechanism.

(8)

Co-location of any other facility including but not limited to cellular communications antennas, advertising signage, television or radio antennas or similar facilities on to a WECS, shall only be permitted if allowed by the district. Co-located facilities shall obtain a separate land use approval.

(9)

Abandoned freestanding WECS shall be removed or demolished either by the owner of the turbine, or by the property owner within 180 days. For the purposes of this section, abandoned shall mean that no operation of the turbine has occurred for a one-year period.

(10)

During the building permit application process, the applicant shall submit the manufacturer's electrical drawings in sufficient detail to allow for a determination that the manner of installation conforms to the currently adopted edition of the National Electrical Code. The applicant shall also submit verification that the system is equipped with manual braking.

(11)

A building permit application for a WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the currently adopted edition of the Florida Building Code and certified by a licensed professional engineer shall also be submitted. A site plan shall be submitted clearly denoting the proposed WECS location on the property including the distances to property boundaries, existing structures on the property, and location of any areas specified above.

(12)

There shall be no restriction on or interference with air safety and air operation, as per Federal Aviation Administration (FAA) requirements. Additionally, the WECS shall comply with all land development requirements regarding historic resources.

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

(a)

Purpose. Commercial agricultural activities may include the utilization of land to raise, harvest, or sell crops; feed, breed, manage, and sell livestock, poultry, fur-bearing animals, or their produce; dairy and sell dairy products; or any other agricultural or horticultural use, animal husbandry, timber agricultural use, or combination thereof.

(b)

Applicability. The provisions of this section shall apply to commercial agricultural activities. This section shall not apply to stand-alone nurseries/greenhouses operations and community gardens. This section does not apply to beekeeping, which is regulated by state law, nor to minor gardening and animal keeping normally associated with private residences. (Example: Growing vegetables and raising backyard chickens as accessory uses on residential lots are not considered agricultural activities for the purposes of this section.)

(c)

Standards.

(1)

Materials produced on-site may be sold to third-party, off-site sales establishments. (Example: Selling produce to a retail store is permitted as part of a commercial agricultural activity.)

(2)

Except for in zoning districts that allow retail per Table 138-355, accessory retail activities shall be limited to products and materials that relate to an existing agricultural operation on the site. (Example: A grower may sell produce grown onsite.)

(3)

Accessory offices that relate to the agricultural activity may be permitted on-site.

(4)

Worker housing may be permitted as a Type 2 review. Approved worker housing may only remain in operation when in conjunction with an active commercial agricultural activity.

(5)

The provisions of section 138-3350, farm animals, shall also apply.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 74, 4-27-21)

(a)

Purpose. Community gardens are intended to allow for more than one person to grow produce and/or horticultural plants for their personal consumption and enjoyment, and generally on a not-for-profit basis.

(b)

Applicability. The provisions of this section shall apply to all community gardens. This section does not apply to personal gardens that are located on an individual lot in which the user lives or owns.

(c)

Standards.

(1)

Community gardens are permitted for a group of unrelated people to grow, cultivate, and harvest plant material. Plant material may include but not limited to food crops, vegetables, flowers, and general landscape aesthetics.

(2)

No prohibited or invasive species may be planted as part of a community garden. See article viii for prohibited plant material.

(3)

Any permanent accessory structures shall be subject to the district dimensional standards and comply with county building permit standards.

(4)

Plant material shall not impede sight visibility for sidewalks, streets, or any other vehicle access lanes.

(5)

Community gardens may only occur where the property owner(s) provides written consent to the intended users. Where the intended users include the unspecified general public, such consent may be granted to Pinellas County Board of County Commissioners.

(6)

Animals and livestock are not permitted uses in community gardens but may be allowed subject to the rules and standards of division 12, animals and livestock.

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

(a)

Purpose. Establishments primarily engaged in the sale of nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are either grown on site or elsewhere.

(b)

Applicability. The provisions of this section shall apply to nurseries and greenhouses. This section does not apply to personal greenhouses or gardening activities that are located on an individual lot in which the user lives.

(c)

Standards.

(1)

Nursery/greenhouse operations, structures, and container plants shall comply with the district setback standards.

(2)

Plant material, containers, art, and furniture normally associated with nurseries and gardening may be stored and displayed outdoors.

(3)

Where nurseries/greenhouse retail sales is permitted as an accessory use (A), the following standards shall apply:

a.

The accessory retail activities shall be limited to materials that relate to an existing personal nursery/greenhouse operation on the site. (Example: A greenhouse owner may sell plants and flowers grown on site.)

b.

The accessory retail activities shall be limited to on-site sale. Materials shall not be sold to third-party, off-site sales establishments. (Example: Selling plants to a retail store is not permitted.)

c.

Accessory retail may only occur when an owner-occupied residence is located on the same site as the nursery/greenhouse operation.

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

(a)

Purpose. The purpose of this section is to allow and regulate large excavation and quarry activities.

(b)

Applicability. The provisions of this section shall apply to all excavation pits and quarries that involve 1,000 or more cubic yards of fill to be excavated. Excavation pits and quarry activities that involve less than 1,000 cubic yards of material shall be subject to the applicable provisions in section 138-3341.

(c)

Standards.

(1)

Excavations may be permitted pursuant to Table 135-355, Table of Uses for Zoning Districts. Prior to the approval of any excavation, the county site plan review agencies, as required, shall examine a preliminary site plan (a cross-section of the excavation is required) to determine whether the proposed excavation will be detrimental to or interfere with the health, safety or general welfare of the community. The plan, once approved, shall become a condition upon which the excavation is permitted, and any change or addition shall constitute a violation of the zoning ordinance unless such change or addition is examined by the county site plan review agencies according to the same criteria required for original issuance.

a.

No excavations of earth shall be within 150 feet of any road right-of-way line.

b.

Unfenced excavations of earth shall be no closer than 50 feet to an adjoining lot or parcel. Fenced excavations shall be no closer than 25 feet to an adjoining lot or parcel.

c.

Depth and slope shall be determined by the county engineering department and/or the county water system according to demands for safety from pollution of the underground watercourses to be determined according to the nature of the particular substrata soil structure.

d.

No excavation shall detract from or interfere with the county's ultimate drainage plans or existing patterns. No excavation may be approved which would pollute the underground watercourse.

e.

A site plan shall be provided pursuant to the requirements limited in chapter 138, article II, division 5. In addition to these requirements, site plans shall depict the proposed on-site truck routes, location of excavation/fill activity, and location of surface water and protected environmental features.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. The purpose of this section is to recognize but limit land excavation and fill activities that are needed for land management and construction.

(b)

Applicability. The provisions of this section shall apply to all land excavation or fill which is five cubic yards or more. This section shall not apply to land excavation and fill activity involving less than five cubic yards. This section shall not apply to class III sanitary landfills and solid waste landfills. This section shall not apply to excavate-fill balanced sites.

(c)

Standards.

(1)

Five cubic yards but less than 1,000 cubic yards. The following standards shall apply to land excavation or fill which is at least five cubic yards but less than 1,000 cubic yards.

a.

A zoning clearance shall be required.

b.

A site plan shall be provided pursuant to the requirements limited in chapter 138, article II, division 5. In addition to these requirements, site plans shall depict the proposed on-site truck routes, location of excavation/fill activity, and location of surface water and protected environmental features.

(2)

One thousand cubic yards or more. The following standards shall apply to land excavation or fill which is 1,000 cubic yards or more.

a.

Land excavation or fill may be permitted pursuant to Table 138-355—Table of Uses for Zoning District.

b.

A site plan shall be provided pursuant to the requirements limited in chapter 138, article II, division 5. In addition to these requirements, site plans shall depict the proposed on-site truck routes, location of excavation/fill activity, and location of surface water and protected environmental features.

c.

The site plan review and analysis shall determine whether the proposed finished grade will be compatible with the surrounding area and ultimate county drainage plan or existing patterns. The plan, once approved, shall become a condition upon which the excavation is permitted.

d.

On fill areas where seawalls or bulkheads are required, no permits for construction shall be issued until the seawall or bulkhead has been completed, unless otherwise authorized as part of the project's original approval.

e.

Landfills shall not be permitted within any well-field zone of protection as established by the county's well-field protection program.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. The purpose of this section is to establish minimum standards for the keeping of farm animals.

(b)

Applicability. The provision of this section shall apply generally to the keeping of livestock and/or fowl. Livestock and fowl shall include those animals which are normally considered as farm animals, such as cattle, goats, sheep, horses, ponies, mules, pigs, chickens, ducks, geese, other similar farm animals, and wild animals licensed pursuant to state law.

This section shall not apply to the following:

(1)

Non-traditional pets covered in section 138-3352.

(2)

Backyard chickens in urban areas as regulated in section 138-3351.

(c)

Standards.

(1)

Farm animals shall not be maintained, raised or housed within any zoning district except R-A, R-E and R-R or per subsection (2) below.

(2)

The keeping and maintaining of farm animals is permitted as part of an approved commercial agricultural activity use or educational/instructional use pursuant to Table 138-355 — Table of Uses for Zoning Districts.

(3)

Farm animals shall not be boarded within 100 feet of any residence on an adjacent property.

(4)

A minimum property size of one-half acre is required to keep and maintain farm animals.

(5)

Up to three livestock and ten fowl are permitted per acre of upland area. For this purpose of calculating the allowable number of animals, any fraction below one-half shall be rounded down. Any fraction one-half or above shall be rounded up.

(6)

Waste containment and disposal is required, and shall be designed to minimize odor, vermin and insect infestation impacts on adjacent lots. The waste storage area shall be located and constructed in such a manner that minimizes exposure to rain or ponding water. Waste shall only be disposed in a manner allowed by law. Waste storage sites are not allowed within front yard setbacks and shall be subject to the following additional setback requirements:

a.

Twenty feet or greater from any property line.

b.

Fifty feet or greater from any well, lake, pond, wetland, stream or drainage ditch.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 75, 4-27-21; Ord. No. 23-24, § 2, 10-31-23)

(a)

Purpose. The purpose of this section to is allow chickens within some urban residential neighborhoods while limiting the intensity and potential impact on neighboring properties.

(b)

Applicability. The provisions of this section shall apply to the keeping of chickens on properties in the R-1 through R-5 and RPD zoning districts.

(c)

Standards.

(1)

General conditions for the keeping of chickens in the R-1 through R-5 and RPD zoning districts.

a.

For the purposes of this section of the Code, the term "chicken" refers to female chickens only (i.e., hens).

b.

Up to four chickens may be kept within an occupied single-family property located in the R-1, R-2, R-3, R-4, R-5 and RPD zoning districts. Chickens may be kept within manufactured home subdivisions, but not on duplex, triplex or multifamily properties, or within mobile home/manufactured home parks.

c.

Chickens must be kept within a coop or fence enclosure.

d.

Ducks, geese, turkeys, peafowl, adult male chickens/roosters, or any other poultry or fowl are not allowed under the provisions of this section of the Code.

e.

Chickens shall be kept for personal use only. Selling chickens, eggs, or chicken manure, or the breeding of chickens for commercial purposes is prohibited.

f.

Chickens shall not be slaughtered on premises.

g.

The coop and enclosure must be screened from the neighbor's view, using an opaque fence and/or a landscape screen.

(2)

Location and requirements for chicken coops and enclosures in the R-1 through R-5 and RPD zoning districts.

a.

Any chicken coop and fenced enclosure must be located in the rear yard. No coop or enclosure shall be allowed in any front or side yard. (Corner lots shall be excluded from the side setback restriction).

b.

The coop and enclosure comply with the district setback standards.

c.

If the coop structure exceeds 100 square feet in size (ten-foot by ten-foot), a building permit is required under the Florida Building Code.

d.

The coop shall be covered and ventilated, and a fenced enclosure/run is required. The coop and enclosure must be completely secured from predators, including all openings, ventilation holes, doors and gates (fencing or roofing is required over the enclosure in addition to the coop, in order to protect the chickens from predators).

e.

All stored feed must be kept in a rodent and predator-proof container.

f.

The coop shall provide a minimum of three square feet per chicken and be of sufficient size to permit free movement of the chickens. The coop may not be taller than six feet, measured from the natural grade, and must be easily accessible for cleaning and maintenance.

(3)

Health, sanitation and nuisance as applied to the keeping of chickens in the R-1 through R-5 and RPD zoning districts.

a.

Chickens shall be kept within a coop and enclosure. No person shall release or set any chicken free from such coop or enclosure.

b.

Chicken coops and enclosures shall be maintained in a clean and sanitary condition at all times. Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition.

(4)

Enforcement.

a.

In a public health emergency declared by the director of the Pinellas County Health Department, including but not limited to an outbreak of Avian Flu or West Nile virus, the county may require immediate corrective action in accordance with applicable public health regulations and procedures.

b.

No person convicted as a repeat violator of this section may be permitted to, or continue to, keep chickens on their premises.

(5)

This section applies no restriction on chickens in the R-A, R-E, and R-R zoning districts, which are instead subject to the provisions of section 138-3350.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 76, 4-27-21)

(a)

Purpose. There may be some situations where an individual desires to keep or possess an animal species that is not otherwise addressed by this Code. There should be an opportunity to pursue special approval to keep such animals (e.g., pot-bellied pig, pygmy goat or marmoset) where appropriate, safe, and adequate site conditions exist.

(b)

Applicability. This section shall apply to individuals that wish to request approval to keep an animal species that is not otherwise addressed by this Code.

(c)

Standards.

(1)

An applicant may seek approval to keep, board, and/or possess non-traditional pets, subject to a Type 1 Path B review.

(2)

State and federal restrictions on certain species shall supersede any county approval.

(3)

The approval of the non-traditional pet shall be assigned to a specific individual AND to an exact parcel of land for habitation.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 77, 4-27-21; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. The purpose and intent of this section is to implement the program established by F.S. § 509.233 by permitting public food service establishments within Pinellas County, Florida, subject to the terms contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments.

(b)

Applicability. Pursuant to F.S. § 509.233, there is hereby created in the County of Pinellas, Florida, a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments, which exemption procedure may be known as the Pinellas County Dog Friendly Dining Program.

(c)

Standards.

(1)

Permit required, submittals.

a.

In order to protect the health, safety, and general welfare of the public, a public food service establishment is prohibited from having any dog on its premises unless the public food service establishment possesses a valid permit issued in accordance with this section.

b.

Applications for a permit under this section shall be made to the county administrator, on a form provided for such purpose by the county administrator, and shall include, along with any other such information deemed reasonably necessary by the county administrator in order to implement and enforce the provisions of this section, the following:

1.

The name, location, and mailing address of the subject public food service establishment.

2.

The name, mailing location, and telephone contact information of the permit applicant.

3.

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the county administrator. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

4.

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

5.

Written authorization to obtain the permit from the owner of the property on which the public food service establishment is located if the applicant is not the owner.

6.

All application materials shall contain the appropriate division issued license number for the subject public food service establishment. Any permit issued to a public food service establishment under this section shall include the appropriate division issued license number of that establishment.

(2)

General regulations; cooperation; enforcement.

a.

In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233, all permits issued pursuant to this section are subject to the following requirements:

1.

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

2.

Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

3.

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

4.

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

5.

Dogs shall not be allowed on chairs, tables, or other furnishings.

6.

All table and chair surfaces shall be cleaned and sanitized between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons.

7.

Accidents involving dog waste shall be cleaned immediately and the area sanitized. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

8.

At least one sign reminding employees of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the county administrator, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height (8½ × 11) and printed in easily legible typeface of not less than 20-point font size.

9.

At least one sign reminding patrons of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the county administrator, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height (8½ × 11) and printed in easily legible typeface of not less than 20-point font size.

10.

At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height (8½ × 11) and printed in easily legible typeface of not less than 20-point font size.

11.

Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.

b.

A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this section if such owner wishes to continue to accommodate patrons' dogs.

c.

Permits shall expire on September 30 of each year. A public food service establishment must obtain a new permit for each fiscal year beginning on October 1 to operate a dog friendly dining program.

d.

A permit may be revoked if, after notice, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this section. A revocation determination may be appealed to the county administrator within 30 days of the date of the determination.

e.

In accordance with F.S. § 509.233, the county administrator shall accept, document, and respond to complaints related to the dog friendly dining program within Pinellas County, and shall timely report to the division all such complaints and the county's enforcement response to such complaint. The county administrator shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this section.

f.

Any public food service establishment that fails to comply with the requirements of this section shall be in violation of this section of the Pinellas County Code and shall be subject to any and all enforcement proceedings pursuant to section 134-8 of the Pinellas County Code and general law.

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

(a)

Purpose. The purpose of this section is to establish allowances, standards, and criteria for temporary uses and structures.

(b)

Applicability. The provisions of this section shall apply to temporary uses and structures upon a given property. They do not apply to mobile vendors on wheels except for stationary time restrictions.

(c)

Standards.

(1)

Construction offices, sales centers and construction storage buildings for land under development may be allowed in any district for the purpose of development.

a.

Authorization for a temporary use and structure shall only be granted after the filing of an acceptable preliminary site plan.

b.

Any permit for a temporary use or structure shall expire at the end of two years or upon completion of the project for which the temporary use has been authorized, whichever is sooner, and shall be removed or converted to a permitted use upon such expiration. Extensions to the original permit may be granted for a period of one year as a Type 1 review.

(2)

Other temporary uses such as Christmas tree sales, pumpkin sales, rummage sales, temporary flea markets, carnivals, festivals, and promotional activities may be permitted under the following criteria:

a.

The uses may be permitted in the residential agriculture district (R-A), office and commercial districts, industrial districts, mixed use districts, special districts, or public/semi-public districts; and may be permitted in other zones when on the site of an existing civic organization (e.g., place of worship, school, fraternal organization or similar activity).

b.

No parcel shall be occupied by a temporary use for more than 60 days in any calendar year.

c.

The operator of a temporary use must:

1.

Obtain written permission from the property owner and have such permission available on site during the operation of the temporary use.

2.

Provide adequate off-street parking as required by chapter 138, article X, division 2.

3.

Ensure safe and adequate ingress and egress to the property, including safe sight distance for vehicles entering or leaving the property.

4.

Ensure that all use areas (i.e., sales, activities) other than parking are located at least 25 feet from a public right-of-way and residential properties.

d.

The provisions of section 138-3357 shall be met for any tent erected as part of operations.

e.

The operator shall obtain permits for any structures to be located on the property or if such use requires electricity or plumbing permits the operator shall obtain such permits prior to operation.

f.

The county administrator or his designee shall have authority to require immediate compliance with the provisions of this section.

g.

Nothing herein shall relieve an operator of a temporary use from complying with other applicable codes, ordinances, and regulations.

(3)

Garage/yard sales may be permitted under the following criteria:

a.

May be permitted at any residential use.

b.

Shall be allowed to occur up to four sales per calendar year for each parcel, not to exceed three days per sale; AND

c.

Shall be allowed to occur two days per calendar year for a neighborhood-wide event.

(4)

Temporary storage structures such as moving containers and portable storage units shall not occupy a parcel for more than 60 days in any calendar year.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 78, 4-27-21)

(a)

Purpose. The purpose of this section is to establish standards for tents that are used for temporary events.

(b)

Applicability. This section shall be applicable to event tents. This section shall not apply to personal tents normally associated with camping or private family use.

(c)

Standards.

(1)

Tents may be erected in any zoning district for a period not to exceed 30 days for the purpose of special sales, promotions, entertainment, educational, religious, evangelistic or similar special events, subject to the following:

a.

The use of the tent shall be limited to an authorized use of the property in the zoning district where located.

b.

The tent shall comply with all setback requirements.

c.

Adequate off-street parking shall be provided as required by article VII, division 2 of this chapter.

d.

The applicant shall submit a conceptual plan or drawing illustrating the location of the tent, the floor area and maximum capacity (number of persons) of the tent, the number and location of off-street parking spaces, a traffic circulation plan showing all ingress/egress locations, and the location of any structures and/or trees existing on site. Such plan shall be examined by development review services to determine compliance with this chapter and other applicable codes, ordinances, or regulations. No clearance for a building permit shall be issued until such plan complies with these provisions.

e.

Temporary tents shall be subject to fire code requirements.

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

All uses in districts where reference is made to this chapter shall conform to the standards of performance described herein. It is the intent of this division to provide restrictions on properties so as to protect adjacent and nearby properties from noise, pollution, visual and other aesthetic distractions, and other similar undesirable effects.

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

(a)

Noise. Every use shall be operated so as to comply with chapter 58, article XII of the Pinellas County Code.

(b)

Screening. Non-residential uses shall provide screening and/or buffering around certain outdoor land use activities that abut residential property for the purpose of mitigating undesirable impacts relating to noise, glare, and visual clutter. Where additional buffering/screening is required in other portions of this Code, the stricter standard shall apply. The following screening requirements shall apply:

(1)

This requirement shall apply to the following land use activities that are within 50 feet of residential properties:

a.

Accommodation uses including hotels/motels and bed and breakfast establishments;

b.

Commercial agricultural activities;

c.

Drive-thru facilities;

d.

Kennels;

e.

Manufacturing and other industrial processing activities;

f.

Material and heavy equipment storage;

g.

Outdoor dining/drinking areas;

h.

Outdoor sales;

i.

Service and loading areas;

j.

Sports fields;

k.

Vehicle sales;

l.

Vehicle washing and detailing; and

m.

Other similar uses as determined by the county administrator or designee.

(2)

When buffering/screening is required, the non-residential land use activity shall provide one or both of the following:

a.

A six-foot high opaque fence or wall shall be provided around the applicable land use activity for the portions that abut residential properties;

b.

A ten-foot wide landscape buffer shall be provided around the applicable land use activity for the portions that abut the residential properties that includes a continuous hedge and a canopy tree every ten feet;

c.

Areas of access and sight visibility standards are exempt from providing either of the aforementioned buffering/screening options; or

d.

Other screening/buffering methods may be allowed provided that the resulting situation meets the buffering intent. This may be approved as part of the site plan review process.

(3)

All industrial process activities (welding, spray painting, fabrication or manufacture of products, equipment repair and similar processes) that are within 300 feet of residential properties shall be within completely enclosed buildings.

(c)

Pollution, visible emissions, dust, dirt, odors and fumes. Every use shall be operated so as to prevent the emission of smoke, dust, fumes or any other pollutant as defined by the State Department of Environmental Protection and chapter 58, article IV of the Pinellas County Code, from any source whatsoever in quantity or at a level which is or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property; or unreasonably interfere with the enjoyment of life or property, including outdoor recreation; or in excess of that specified or allowed by any state or county permit. Any operation which emits or can reasonably be expected to emit any pollutant shall obtain an appropriate permit from the Department of Environmental Protection and/or the county.

(d)

Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, lake, or the ground of waste or other matter in amounts which will exceed the maximum standards established by local, federal or state law.

(e)

Fire and safety hazard. Each use shall be so operated as to minimize the danger from fire and explosion.

(1)

All uses which are determined to be of a hazardous nature, using the standards set forth by NFPA (National Fire Protection Association), shall be provided with additional setbacks as determined by the above-mentioned NFPA standards.

(2)

Such additional setbacks, if any, shall be determined by the county fire administrator during review of plans.

(f)

Outdoor lighting. Refer to section 138-3509, outdoor lighting.

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