It is the purpose of this Division to provide procedures, regulations, and evaluation criteria for conditional uses, which, because of certain characteristics and potential impacts on the surrounding neighborhood, may not be appropriate at particular locations within a zoning district, and/or may be appropriate only when subject to additional regulations set forth herein, and individual review of their location, design, scale, configuration, operation, and other characteristics necessary to ensure that the use is appropriate at a particular location.

(Ord. No. 3748, § 3, 10-28-2010)

In addition to any other requirements of this Article, all uses listed as a conditional use for a specific zoning district shall be subject to the special requirements for that use as provided for in this Section, and shall not be established or expanded until the use has received approval under the provisions of this Article.

Any lawful use, whether permitted or nonconforming, in existence on the effective date of this Code or amendment hereto, and subsequently classified as a "conditional use" in the zoning district in which it is located by virtue of such adoption or amendment, shall be hereby deemed a lawful conditional use for the purpose of this Section. No expansion, alteration, relocation, or change in any characteristic of use shall occur, except in conformance with the requirements of this Section.

(Ord. No. 3748, § 3, 10-28-2010)

The term "City" as used in this Section shall refer to the administrative officials, or appointed or elected bodies given authority hereunder to hear and decide conditional uses. The term shall be inclusive of City staff as designated by the City Manager, the City Council, and the Community Redevelopment Agency. Each of these entities is charged with deciding various conditional use applications. The regulations applicable to each individual conditional use under Section 18-1531.10, "List of Conditional Uses and Requirements", specify which such entity shall decide the application.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

The approval of a conditional use shall run with the land, subject to all other provisions of this Section unless otherwise stated.

(B)

Conditional use approval does not become effective until a final site plan, where required by Section 18-1541.2, Final Site Plans, "Applicability" is approved, occupancy is authorized under the Building Code, and required business tax receipts are issued.

(C)

In order for any conditional use listed in this Section to be re-established after having either been without an active business tax receipt or having been discontinued for a period of one (1) year or more, an applicant shall be required to demonstrate compliance with the regulations of this Section, and any previously required conditions of approval prior to the issuance of a business tax receipt.

(D)

A conditional use shall be void one (1) year from the date of approval if:

1.

Construction of a principal building has not begun on the site; or

2.

The building permit expires subsequent to commencement of construction; or

3.

In the absence of need to obtain a building permit, occupancy has not been legally established on the site by issuance of a business tax receipt.

4.

The foregoing shall not apply to conditional uses that are approved as part of a PUD Master Plan where City Council has also approved a chronological phasing plan.

(Ord. No. 3748, § 3, 10-28-2010)

The following procedure shall govern the application, review and approval of new conditional uses, expansions of conditional uses, or amendments to a conditional use development order.

(A)

All conditional uses, except as described in Section 18-1531.2 above, shall require conditional use review and approval prior to, or concurrently with, final site plan approval when required by Section 18-1541.2, "Applicability", and in all other cases prior to the granting of a building permit and a business tax receipt. All applications for conditional uses shall be submitted to the Zoning Director and shall contain the application materials as provided for in Section 18-1531.9, "Application Materials for Conditional Uses".

(B)

All conditional uses requiring Community Redevelopment Agency, and/or City Council review and approval shall not be considered until public notice has been given of a public hearing. The provisions of Section 18-1534 shall apply.

(C)

City approval of conditional use applications may be rendered administratively by City staff ("administrative conditional use" application), or by City Council, as stipulated in this Section for each conditional use, provided that the Community Redevelopment Agency shall act in the capacity of the City Council as the deciding authority whenever a conditional use application pertains to land within the Community Redevelopment Area.

(D)

The City may approve or deny a conditional use application. When approving an application, the City may prescribe appropriate conditions and safeguards in conformity with this Article. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Article and punishable accordingly.

(E)

The Zoning Director may choose to refer any administrative conditional use application to the City Council or to the Community Redevelopment Agency as appropriate.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

In granting an application for a conditional use, the City shall find that such approval will not adversely affect the public interest, and shall consider the compatibility criteria listed in Paragraph (C), below, in their decision.

(B)

In evaluating an application for conditional use, the presence of nonconforming uses or buildings, substandard property maintenance, or substandard conditions in the neighborhood shall not be used to justify the granting of a conditional use. Additionally, the cumulative impact of the proposed use in proximity to a similar existing use shall be considered, as shall the scale, placement, orientation, design, appearance, and intensity of the conditional use and improvements to be associated with the conditional use, as applicable.

(C)

COMPATIBILITY REVIEW CRITERIA.

1.

Whether the use and its proposed scale will be inconsistent with the established character of the immediate neighborhood, to the extent that such character is consistent with the Comprehensive Plan and the provisions of the applicable zoning district(s).

2.

Whether the use will diminish the use or enjoyment of other properties and living or working conditions in the neighborhood.

3.

Whether the use will impede the normal and orderly development and improvement of surrounding properties for uses permitted in their respective zoning districts and in a manner consistent with the Comprehensive Plan.

4.

Whether the establishment, maintenance or operation of the use will be detrimental to, or endanger, the public health, safety, comfort, or general welfare as a result of hours of operation, arrangement of uses on the site, noise, vibration, emission or pollutant, glare, odor, dust, traffic congestion, attractive nuisance, or other condition.

5.

Whether the land area is sufficient, appropriate and adequate for the use and reasonably anticipated operations and expansion thereof.

6.

Whether the use and associated improvements will adversely affect a known archaeological, historical, cultural, or landscape resource.

7.

Whether the particular traffic generation characteristics of the proposed use, including the type of vehicular traffic associated with such uses is compatible with the traffic generation characteristics of other uses permitted in the zoning district(s) applicable to the neighborhood.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

WAIVERS. The City may waive one (1) or more of the requirements of Section 18-1531.10, "List of Conditional Uses and Requirements", that are specific to any given conditional use application, or application to modify an existing conditional use approval, upon finding that the requirement(s) are not necessary to ensure the compatibility and appropriateness of the use at the given location, and upon making the findings listed below. Where City Council or Community Redevelopment Agency has established compatibility with the neighborhood and appropriateness of the use at a public hearing, amendments to the Conditional Use site plan may be made administratively provided conditions and safeguards provided by Council are not proposed to be altered or otherwise compromised in the opinion of the City Manager, Administrative waivers of conditional use special requirements by City staff are not authorized. Any waiver request for administrative conditional use applications shall trigger City Council or Community Redevelopment Agency review of the conditional use application and waiver request.

The public notice requirements of Section 18-1534 shall apply to waivers, variances and modifications subject to City Council or Community Redevelopment Agency review and approval. In determining whether such special requirements should be wholly or partially waived, the City shall consider the following criteria:

1.

The purpose of the requirement is otherwise fully achieved, or more important purposes of this Article or the Comprehensive Plan will be served thereby, or the requirement serves no valid public purpose in the particular case;

2.

The waiver is consistent with the statement of intent of the applicable zoning district and this Section;

3.

The waiver will not adversely impact the public interest or adjacent property, and the applicant has demonstrated that all necessary alternative measures shall be taken to prevent any such impact;

4.

The waiver is not discriminatory, considering similar situations in the general area and in past decisions under this Article.

(B)

VARIANCES. In conjunction with the consideration of any conditional use, City Council and the Community Redevelopment Agency are empowered to hear and decide those variances the Board of Adjustment is authorized to hear and decide, thus avoiding a duplicate process before City Council, the Community Redevelopment Agency and the Board of Adjustment. In exercising this power and duty, the City Council and Community Redevelopment Agency shall perform within the same standards and procedures as the Board of Adjustment in Section 18-1537, including public notice.

(C)

PRELIMINARY SITE PLAN AMENDMENTS. The City Manager may review and approve minor changes to Conditional Use Preliminary Site Plans or Final Site Plans, previously approved in the manner provided by this Article, as follows:

1.

Reduce parking requirements by no more than ten (10) percent.

2.

Expand a structure by less than five (5) percent.

3.

Allow accessory structures, including mechanical equipment, on lots that are separated from abutting residential or public zoning districts by landscape buffers, fences and/or walls not less than six (6) feet in height.

4.

Any other change that in the opinion of the City Manager does not increase negative impacts to abutting or functionally abutting properties.

5.

The City Manager may refer any requested amendment to the City Council or Community Redevelopment Agency, as appropriate, for review and final approval based solely upon his/her judgment.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)111., 3-14-2019)

The Administrative staff may grant a single extension, not to exceed one (1) year, upon receipt of a request for same, if justified by hardship beyond the reasonable control of the applicant, and subject to the following provisions.

(A)

Requests for extension must be submitted to the Zoning Division no later than thirty-five (35) days prior to the expiration date of the conditional use approval.

(B)

Staff may approve or deny the request, or may attach conditions to any approved extension, when deemed necessary to ensure compliance with the intent and provisions of this Section, including but not limited to, an extension duration of less than one (1) year. Advisory board review is not required.

(C)

The conditional use shall comply with all applicable provisions of Chapter 18, Land Development Code, in effect at the time of consideration of the request for extension. This requirement does not override any vesting that may have been established under the Building Code.

(D)

The Zoning Director may forward a request for extension to the City Council or Community Redevelopment Agency should the Director consider the situation appropriate.

(Ord. No. 3748, § 3, 10-28-2010)

All applications for conditional use approval requiring site plan approval under Section 18-1541, "Final Site Plan", shall be in accordance with Section 18-1540, "Preliminary Site Plan Requirements", provided that the conditional use approval does not take effect until a final site plan has been approved pursuant to Section 18-1541. Nothing herein shall preclude an applicant from submitting for final site plan approval concurrent with application for conditional use. Required conditional use submission materials shall be established administratively on a standard City form, and shall include any additional materials that may be requested by the Zoning Director to accurately determine conformance with, and provide for the enforcement of, this Section.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

The following is an alphabetical listing of the special requirements for all conditional uses. This section authorizes, through the use of the term "administrative approval," the Zoning Director to review and approve certain conditional use applications if the applicant complies with all of the applicable criteria. For any application on which the Zoning Director acts, the applicant may choose to have the application reviewed and acted upon by the City Planning and Zoning Commission and City Council.

1.

Accessory Dwelling Unit.

(a)

Administrative approval unless a waiver is requested from one (1) or more of the provisions of Section 18-1530.28, then the application shall require approval by City Council.

2.

Accessory Uses to any Conditional Uses.

(a)

Administrative approval.

3.

Acetylene, Propane or Other Dangerous Substance, Bulk Storage or Manufacture.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Demonstrate conformance with all applicable regulations regarding the handling and storage of subject dangerous materials.

(c)

Bulk storage tanks of acetylene, propane or other flammable gas, if located above ground, shall not be located closer than five hundred (500) feet from any residential zoning district.

4.

Adult Entertainment Establishments. The provisions of Section 16-110 "Nudity—Regulation of Commercial Exploitation of" and Section 16-112 "Live Nude or Semi-Nude Entertainment in Establishments Dealing in Alcoholic Beverages Prohibited" of the Code of Ordinances are applicable to Adult Entertainment Establishments.

(a)

Administrative approval.

(b)

Frontage on a public street that meets at least the minimum standards for a local street (paving and right-of-way width).

(c)

The lot upon which the adult entertainment establishment is proposed to be located shall maintain the following minimum distance separations. The applicant shall provide a special purpose survey identifying all existing uses within one thousand (1,000) feet of the lot upon which the adult entertainment establishment is proposed to be located.

(1)

One thousand (1,000) feet from any lot that contains, or is zoned for, a residential use, a place of worship, an educational institution or public educational facility, a day care center (Type II or III), a public park or playground, or a hospital.

(2)

Five hundred (500) feet from a lot upon which is located an existing adult entertainment facility.

(3)

Five hundred (500) feet from a lot upon which is located an existing establishment which sells alcoholic beverages for consumption on the premises, whether or not such other uses are located within or outside of the City's municipal boundaries.

(d)

Maintain a minimum of five-foot candles per square foot of lighting, for all parts of outside parking lots, measured at the surface of the parking area.

(e)

Compliance with the following fencing requirements:

(1)

Six (6) feet high solid fence or wall along the side and rear lot lines.

(2)

No solid fence or wall shall be erected along the front and secondary front lot lines. However, a non-solid fence or wall not exceeding four (4) feet in height may be erected along the front and secondary front lot lines.

(3)

All fences and walls required or allowed hereunder shall meet all applicable requirements of Section 18-1530.10, "Fences, Wall and Hedges".

5.

Air Curtain Incinerator.

(a)

Administrative approval.

(b)

Written confirmation from the Federal Aviation Administration (FAA) that the installation will not interfere with air traffic for any area airport.

(c)

Written confirmation from the local Fire Marshall that the facility meets the local fire and life safety ordinances.

(d)

Piles of material to be burned shall be located a minimum of one hundred (100) feet from the burner, shall be no greater than ten (10) feet in height, and shall be maintained so as not to cause a fire hazard.

(e)

Outside of startup periods, no visible emissions five (5) percent opacity or less, except that an opacity of up to twenty (20) percent shall be permitted for not more than three (3) minutes in any one (1) hour.

(f)

During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five (35) percent, averaged over a six-minute period, shall be allowed.

(g)

The general excess emissions rule, Rule 62-210.700, FAC, as may be amended from time to time, to handle startups, shutdowns and malfunctions, shall not apply to air curtain incinerators.

(h)

Interior dimensions for the pit of: no more than twelve (12) feet wide, between eight (8) and fifteen (15) feet deep, and no longer than the length of the manifold.

(i)

The only materials that can be burned in an air curtain incinerator are wood wastes consisting of trees, logs, large brush, stumps relatively free of soil, non-bagged leaves and yard trash, tree surgeon debris, and clean dry lumber such as pallets.

(j)

The burning of sawdust, paper, trash, tires, garbage, plastics, liquid wastes, chemically treated or painted wood, and other similar materials is expressly prohibited.

(k)

As long as there is flame propagation in the pit, the fan must be running.

(l)

Only virgin oil, natural gas, or liquified petroleum gas may be used to start the fire. The use of waste oil, chemicals, gasoline, or tires is expressly prohibited.

(m)

In no case shall an air curtain incinerator be started before sunrise. For all air curtain incinerators, charging must have completely stopped for one (1) hour before sunset.

(n)

The material shall not be loaded into the air curtain incinerator such that it will protrude above the air curtain.

(o)

Ash shall not be allowed to build up in the pit to higher than one-third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.

(p)

Minimum setback of three hundred (300) feet from any property line.

(q)

Minimum separation of one (1) mile, five thousand two hundred eighty (5,280) feet, of any other outdoor incinerator measured from property line to property line.

(r)

Enclosure of incinerator lot with a fence, no less than six (6) feet in height.

(s)

The Minimum lot size of twenty-five (25) acres.

(t)

Operational compliance with Chapter 18 (Land Development Code), Article 11, (Fire Code) of the City Code of Ordinances, and all other applicable governmental requirements.

(u)

The applicant shall ensure the complete on-site containment of ash that is stored at the site, such that particles of ash are not carried by wind beyond the site perimeter.

6.

Airports, Aircraft Landing Fields and Heliports/Helistops.

(a)

The following special requirements shall apply to the "M-1," "IH" and "P" zoning districts:

(1)

Review by Planning and Zoning Commission, and approval by City Council.

(2)

Submittal of an airspace analysis conducted by the Federal Aviation Administration (FAA) or professional consultant, and a preliminary Airport License Report by the Florida Department of Transportation (FDOT).

(3)

Any alteration in ground facilities or the addition of navigational aids to permit instrument approach shall require a new application if the original approval was granted for Visual Flying Rules (VFR).

(4)

Minimum setback of fifty (50) feet from any property line. Minimum runway primary surface setback of one hundred (100) feet from any property line and two hundred (200) feet from any residential structure.

(5)

Unless used in conjunction with a motel or hotel, at least five (5) parking spaces or one (1) space per hangar space or tie-down shall be provided.

(6)

Where deemed necessary by the City Council in the interest of health, safety and welfare, safety fences or walls up to eight (8) feet in height may be required along any property boundary.

7.

Ambulance Service. Any ambulance service establishment having ambulance vehicles located on site and being operated for emergency purposes from such site shall meet the following requirements:

(a)

Administrative approval.

(b)

Minimum separation of five hundred (500) feet from any residential zoning district measured from the ambulance service property lines.

(c)

Arterial, or arterial frontage street frontage so as to avoid having to travel through residential neighborhoods in order to gain access to a nearby thoroughfare.

8.

Assembling or Manufacturing of Medical, Orthotic or Prosthetic, Optical, Scientific, Electric and Electronic Equipment.

(a)

Review by the Planning and Zoning Commission and approval by the City Council whenever the subject lot abuts any residential zoning district.

(b)

Administrative approval when the subject lot abuts or functionally abuts nonresidential zoning districts.

(c)

Frontage on an arterial or arterial frontage street. Access plans shall be approved by the Traffic Division Director.

(d)

Assembling and manufacturing within an enclosed building only. No outdoor storage of any products or materials.

(e)

No use, activity or process shall be utilized which creates any electromagnetic or other interference with normal off-site radio, television or phone reception, or with any broadcasts.

(f)

Minimum dumpster setback of ten (10) feet from any abutting residentially or mixed-use zoned property.

9.

Auditorium, Stadium, Arena, Armory, Gymnasium, and other Similar Places for Public Events.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Shall not abut any residential zoning district.

(c)

Arterial street frontage. Access plans shall be approved by the Traffic Division Director.

(d)

Minimum lot area of five (5) acres.

(e)

Minimum lot frontage along the arterial street of three hundred thirty (330) feet.

(f)

Minimum setback of fifty (50) feet from any property line or street line.

(g)

Where deemed necessary by the City Council in the interest of health, safety, and welfare, safety fences up to eight (8) feet high along any property line.

10.

Automobile Dealer—New Cars and Used Cars.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Minimum lot area of twenty thousand (20,000) square feet. This requirement is not eligible for waiver.

(c)

Ten-foot-wide landscaped buffer along the entire right-of-way which provides the primary access to the site (in accordance with Section 18-1533.15.)

11.

Automotive Repair Facility (Major).

(a)

Administrative approval when abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

12.

B-1 or CH Zone—Any other Service or Commercial Establishment Not Specifically Identified as a Permitted or Conditional Use in Said Zoning Districts, but Similar to Such a Permitted or Conditional Use.

(a)

Administrative approval for sites abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

13.

Bed and Breakfast Establishments.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

The use is accessory to the use of the principal building as a private residence.

(c)

The maximum number of bedrooms reserved for overnight accommodation shall be determined in compliance with Section 18-1503.16.

(d)

Food service in conjunction with overnight accommodations only for lodging guests.

(e)

Frontage on an arterial, arterial frontage or collector street.

(f)

Off-street parking screened to a height of four (4) feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area cannot project onto adjacent properties.

(g)

Parking space requirement one (1) per bedroom reserved for overnight accommodations.

(h)

Any single sign within the front and/or secondary front yard limited to eight (8) feet in height and to sixteen (16) square feet per sign face.

14.

Boat Building.

(a)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(b)

Administrative approval for sites abutting or functionally abutting nonresidential zoning districts.

(c)

Minimum three hundred (300) feet of separation from any residential district as measured from the property line.

(d)

Enclosure of all outside work and/or storage areas by an eight (8) feet high solid wall or fence, in accordance with Section 18-1530.10 "Fences, Walls and Hedges".

(e)

All outdoor storage areas must be in rows with paved drive aisles between rows.

15.

Building Material and Home Improvement Establishments, Where Storage of Materials is Outdoors.

(a)

Administrative approval for sites abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Hours of operation limited to between 7:00 a.m. and 9:30 p.m. when abutting or functionally abutting any residential zoning district.

(d)

Outdoor storage of materials subject to Section 18-1530.11.

16.

Bus Terminal or Other Public Transportation Facility.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Frontage on either a collector or arterial street. Ingress and egress to property and proposed structures or parking areas shall also ensure automotive, bus and pedestrian safety and convenience, and efficient traffic flow. Access plans shall be approved by the Traffic Division Director.

(c)

Minimum lot size of twenty thousand (20,000) square feet.

(d)

Minimum lot width of one hundred fifty (150) feet.

(e)

Ten (10) feet wide landscaped buffer shall be maintained along the entire right-of-way which provides the primary access to the site, in accordance with Section 18-1533.16.

17.

Cemeteries. Includes public or private cemeteries, pet cemeteries, and accessory, on-site funeral services.

(a)

Administrative approval.

(b)

Frontage on an arterial, arterial frontage or collector street. Access plans shall be approved by the Traffic Division Director.

(c)

No buildings other than chapels or homes for funeral services, mausoleums, administrative offices, a caretaker residence and maintenance facilities. Maintenance facilities shall be screened from view from any residential zoning district adjoining the cemetery by a solid wall, fence, or hedge at least six (6) feet in height.

(d)

Minimum site area of ten (10) acres.

(e)

No buildings or structures other than boundary walls or fences located closer than fifty (50) feet to any property line.

(f)

Minimum setback of burial plots, grave markers, and monuments of twenty (20) feet from any street line, and five (5) feet from side and rear property lines.

18.

Day Care Homes and Centers (child) and Adult Family Care Homes and Centers.

A.

Adult Family Care Homes and Centers.

(1)

Type I.

(a).

Administrative approval.

(b)

Where a license is required from the Florida Agency for Healthcare Administration, the granting of a conditional use shall be conditioned upon receipt by the Planning and Development Services Division of a copy of the appropriate licenses.

(c)

Provide pick up / drop off plan.

(2)

Type II.

(a)

Administrative approval.

(b)

Accessory to an existing educational institution or place of worship only.

(c)

Solid fence or wall six (6) feet in height along any rear and side property line abutting any residential zoning district.

(d)

Where a license is required from the Florida Agency for Healthcare Administration, the granting of a conditional use shall be conditioned upon receipt by the Planning and Development Services Division of a copy of the appropriate license.

(e)

Provide pick up / drop off plan.

(3)

Type III.

(a)

Administrative approval for sites abutting or functionally abutting nonresidential zoning districts.

(b)

Review by Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Frontage on either an arterial, arterial frontage or collector street, except in the M-1 District, when located within an established industrial park.

(d)

Where a license is required from the Florida Agency for Healthcare Administration, the granting of a conditional use shall be conditioned upon receipt by the Planning and Development Services Division of a copy of the appropriate licenses.

(e)

Solid fence or wall six (6) feet in height along any rear or side property line abutting any residential zoning district.

(f)

Provide pick up / drop off plan.

B.

Child Care Homes and Centers.

(1)

Type I.

(a)

Administrative approval.

(b)

Where a license is required from the Pinellas County License Board for Children's Centers and Family Day Care Homes (License Board), the granting of a conditional use shall be conditioned upon receipt by the Planning and Development Services Division of a copy of the appropriate licenses.

(c)

Provide pick up / drop off plan.

(2)

Type II.

(a)

Administrative approval.

(b)

Accessory to an existing educational institution or place of worship only.

(c)

Solid fence or wall six (6) feet in height along any rear and side property line abutting any residential zoning district.

(d)

Where a license is required from the Pinellas County License Board for Children's Centers and Family Day Care Homes (License Board), the granting of a conditional use shall be conditioned upon receipt by the Planning and Development Services Division of a copy of the appropriate licenses.

(e)

Provide pick up / drop off plan.

(3)

Type III.

(a)

Administrative approval for sites abutting or functionally abutting nonresidential zoning districts.

(b)

Review by Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Frontage on either an arterial, arterial frontage or collector street, except in the M-1 District, when located within an established industrial park.

(d)

Where a license is required from the Pinellas County License Board for Children's Centers and Family Day Care Homes (License Board), the granting of a conditional use shall be conditioned upon receipt by the Planning and Development Services Division of a copy of the appropriate licenses.

(e)

Solid fence or wall six (6) feet in height along any rear or side property line abutting any residential zoning district.

(f)

Provide pick up / drop off plan

19.

Clinic, Veterinary.

(a)

Administrative approval.

(b)

The Veterinary Clinic shall be operated by the owner or tenant of the subject property.

(c)

Minimum lot area of fifteen thousand (15,000) square feet.

(d)

Minimum lot width of one hundred (100) feet.

(e)

There shall be no outdoor cages or kennels.

(f)

All facilities are to be in a completely enclosed, soundproofed building.

20.

Clubs and Lodges.

(a)

Administrative approval unless a waiver is requested for any of the following criteria, then the application shall require Review by the Planning and Zoning Commission and approval by City Council.

(b)

The subject property is neither adjacent nor functionally adjacent to a parcel of land within a residential zoning district.

(c)

The subject property is not within five hundred (500) feet of a parcel of land used as a place of worship, an educational institution, a public educational facility, or a day care center unless the intervening land uses, structures or context are such that the location of the club and/or lodge is unlikely to have an adverse impact on such place of worship, educational institution, public educational facility or day care center. If the place of worship, educational institution, public educational facility or day care center is a nonconforming use, then this criteria shall not apply.

(d)

Minimum lot area of twenty thousand (20,000) square feet.

(e)

Minimum lot width of one hundred fifty (150) feet.

(f)

The subject property shall have frontage on either an arterial or collector right-of-way with ingress to and egress from the property not to occur via a local street.

21.

Colleges, Universities, Seminaries, and other Institutions of Higher Education. (includes public or private colleges, universities, art, music, professional or other schools providing an educational curriculum above the level of public secondary schools.)

(a)

Review by the Planning and Zoning Commission, and approval by City Council.

(b)

Frontage on either an arterial or collector street. Access plans shall be approved by the Traffic Division Director.

(c)

Uses of land limited to educational, administrative, operational and maintenance buildings, student unions, auditoriums, chapels, research or testing laboratories, libraries, gymnasiums, stadia, athletic fields, playgrounds, student and faculty dormitories, fraternity or sorority houses or other residences of officials, caretakers or guards. Book or stationery stores, eating establishments, or other facilities for the convenience of students, faculty, employees or visitors, shall be permitted within any building where there are no separate outside entrances to such uses facing any adjoining property.

(d)

The number of persons housed in dormitories, or fraternity and sorority houses on the campus area of any school of higher education shall not exceed a residential equivalent of three (3.0) beds per permitted dwelling unit.

(e)

Athletic fields or stadium subject to the conditional use requirements of this Section.

22.

Communication Tower.

(a)

Administrative approval if less than or equal to district height limitations. Planning and Zoning Commission review and City Council approval higher than zoning district height limitations.

(b)

Communication towers designed and used for single users not exceeding one hundred twenty (120) feet in height. Towers designed for multiple users may add twenty (20) feet for each additional user, not to exceed one hundred sixty (160) total feet. All antennas shall be mounted not more than six (6) inches horizontally from the tower.

(c)

Monopole towers shall be set back from all property lines a minimum of twenty (20) feet or the distance from the designed collapse point to the top of the tower, whichever is greater. Guyed and lattice towers shall be set back from all property lines a minimum distance equal to fifty (50) percent of the tower height or the distance from the designed collapse point to the top of the tower, whichever is greater.

(d)

All tower supports and peripheral anchors shall be located entirely within the boundaries of the property and in no case less than five (5) feet from the property and street lines.

(e)

Accessory buildings and structures utilized in conjunction with the tower are subject to the principal building setback requirements for the district in which the use is located.

(f)

Tower enclosure with a chain-link fence or wall not less than eight (8) feet in height. Access to the tower(s) shall be through a locked gate.

(g)

If high voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold letters the following: "HIGH VOLTAGE-DANGER".

(h)

No equipment, whether mobile or immobile, not used in direct support of the tower, antennas or equipment building shall be stored or parked on the site unless being used on the site in connection with repairs to the facility.

(i)

All towers shall be erected in accordance with all applicable governmental rules and regulations. The owner shall provide the City with a sworn statement verifying that all such rules and regulations have been complied with.

(j)

Towers and support structures shall be a neutral (non glare and non reflective) color or finished so as to minimize visual obtrusiveness, subject to any applicable standards of the FAA.

23.

Community Facility.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

In addition to any other requirements of site plan approval, a report shall be submitted clearly demonstrating the need for the particular community service in the proposed location.

24.

Community Residential Home (More than fourteen (14) Residents).

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum separation of five hundred (500) feet from any portion of a lot containing a licensed day care center or public/private school, measured from lot line to lot line.

(c)

Minimum separation of one thousand (1,000) feet from any other State of Florida licensed facility as defined in Section 18-1502.2, measured from property line to property line.

(d)

The maximum number of resident clients subject to the maximum density allowed for the zoning district of the property involved. For purposes of calculating density, every three (3) resident clients shall equal one (1) dwelling unit.

(e)

Facilities housing or treating patients with mental illnesses shall be limited to nonviolent patients who are not suffering from any characteristics or disorders which would render them dangerous to themselves or others. No criminally insane persons shall be housed or treated in any such facility.

(f)

Buffer landscaping as required by Section 18-1533.16., but in no case less than Landscaping Standard B.

(g)

Accessory uses limited to those permitted for residential dwelling uses.

(h)

Where a license is required from the State of Florida, the granting of a conditional use shall be conditioned upon receipt by the Zoning Division of a copy of the appropriate State of Florida license.

(i)

A Business Tax Receipt from the City of Pinellas Park shall be obtained. Annual renewal of Business Tax Receipt the shall require the submission by the owner of proof of a valid State of Florida license.

25.

Community Services other than those Listed as Permitted in the M-1 or IH District.

(a)

Review by the Planning and Zoning Commission and approval by the City Council.

26.

Crematories, in Conjunction with a Mortuary or Funeral Home.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

The crematory shall be within a completely enclosed building.

(c)

Applicant to provide a sworn statement that such use shall comply with all applicable emissions standards of the County and State.

(d)

The crematory emissions stack shall be located as far away as possible from any abutting or functionally abutting residential or mixed use zoning district.

27.

Drive-In/Drive-Thru Businesses: All Types Not Otherwise Listed.

(a)

For all drive-in/drive-thru businesses other than financial institutions, drive-thru, restaurants, drive-in/drive-thru, and theaters, drive-in, which are separately specified in this Section, the following requirements shall apply:

(1)

Administrative approval for sites abutting or functionally abutting nonresidential property.

(2)

Review by the Planning and Zoning Commission and City Council approval for sites abutting or functionally abutting residential zoning districts.

(3)

Approval of access plans by the Traffic Division Director.

(4)

The operation of any drive-in/drive-thru business abutting or functionally abutting a residential zoning district shall be limited to the hours between 7:00 a.m. and 11:00 p.m.

28.

Dry Cleaning and Laundry Plants.

(a)

Administrative approval for sites abutting or functionally abutting nonresidential property.

(b)

Review by the Planning and Zoning Commission and approval by City Council for those sites abutting or functionally abutting residential zoning districts.

(c)

Dry cleaning plants using systems which make use of solvents rated at or above forty (40) according to the Underwriters' Laboratories, Inc. Standard of Classification known as Class I Systems shall be prohibited.

(d)

Dry cleaning plants using solvents rated at more than five (5) but less than forty (40), according to the Underwriters' Laboratories, Inc., Standard of Classification, known as Class II and Class III Systems, shall not be established in buildings with other occupancy, and shall only be established in buildings set back not less than twenty (20) feet from any side or rear property line and from any other building or structure.

29.

Dwellings, Multi-Family.

(a)

General Requirements.

(1)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Specific Requirements for "R-5," "R-6" and "GO," Districts.

(1)

Minimum Lot area: Forty-three thousand five hundred sixty (43,560) square feet (one (1) acre).

(2)

Minimum Lot width: Two hundred (200) feet.

(3)

Other regulations contained in Section 18-1514.4 shall apply in their entirety except as modified above in Subsection (1) and (2).

(4)

All residential development shall contain a minimum of two (2) stories.

(5)

Ten-foot wide landscaped buffer along the entire right-of-way which provides the primary access to the site, in accordance with Section 18-1533.16 requirements applicable for landscaping standard Number 1.

(6)

In addition to the required perimeter landscaping regulations, one (1) tree for every thirty (30) linear feet of perimeter area, or fraction thereof, shall be provided. If a creative landscape design is proposed and accepted, the regular perimeter landscaping regulations of Section 18-1533.16 shall not apply.

(7)

Interior sidewalks throughout the development shall interconnect buildings, parking areas and recreational facilities, and adjacent rights-of-way.

30.

Educational Institutions—Private (Elementary, Middle, and Senior).

(a)

Review by Planning and Zoning Commission, and approval by City Council.

(b)

Direct access onto either an arterial, arterial frontage or collector street, or as otherwise approved by the Traffic Division Director after determination of acceptable traffic impacts on adjacent roads of lesser classification.

(c)

Uses of land shall be limited to accredited educational facilities including buildings for classrooms, administrations, maintenance, gymnasiums, athletic fields, stadia and playgrounds.

(d)

Minimum setback of twenty-five (25) feet from any property line, unless the district regulations require a greater setback.

(e)

Any playground or athletic field or stadium shall be bordered by a wall or fence at least eight (8) feet in height.

31.

Employment Offices, Temporary Labor.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

No existing or prospective clients/employees shall be present on site except during times that employment offices, temporary labor are open for business.

(c)

All existing and prospective clients/employees shall remain inside the employment offices, temporary labor while waiting on site.

(d)

Applicant shall certify to the City, upon the basis of historical data, the largest number of existing and prospective clients/employees which are expected to be on site at any given time.

(e)

Provide sufficient interior space to accommodate all existing and prospective clients/employees who are waiting on site at any given time. The minimum space per client/employee in the waiting room shall be ten (10) square feet.

(f)

Provide sanitary facilities for the maximum number of existing and prospective clients/employees which may be lawfully accommodated at the employment office, temporary labor.

(g)

Minimum separation of five hundred (500) feet from any establishment which sells, dispenses or allows the consumption of alcoholic beverages, measured from property line to property line.

(h)

Minimum separation of five hundred (500) feet from any other temporary labor employment office, measured from property line to property line.

(i)

Minimum separation of five hundred (500) feet from any educational institution, recreation center or playground, measured from property line to property line.

32.

Exterminator and Pest Control Service Fleet Storage Yards.

(a)

Administrative approval.

(b)

Pavement with an impervious surface (i.e. asphalt or concrete). Shell, stones, gravel, etc. shall not be considered an impervious surface. No striping is required for individual parking spaces.

(c)

Solid six (6) feet high wall or fence along perimeter of the lot, in accordance with Section 18-1530.10.

(d)

No direct access to a street. Gates providing access to a fleet yard shall be separated from the access street by an intervening building or parking facility (see Figure 18-1531-1 for a sample illustration, below).

(e)

Automotive repair facilities shall be limited to minor automotive repair, which shall be performed only in an enclosed building.

FIGURE 18-1531-1 PEST CONTROL FLEET YARD

33.

Financial Institutions, Drive-Thru.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Stacking lanes shall be a minimum ten (10) feet wide when straight and twelve (12) feet wide in curves and signed for one-way use.

34.

Fitness Classes.

(a)

Administrative approval.

(b)

When abutting and/or functionally abutting a residential zoning district, the following regulations shall apply:

(1)

No overhead, sliding, or other type of similar doors shall face abutting residential zoning districts.

(2)

Ten (10) foot wide landscaped buffer along abutting residential zoning districts, with a solid six (6) foot fence, a continuous hedge, and one (1) tree per twenty-five (25) linear feet of perimeter area, or fraction thereof.

(3)

Outdoor activity areas shall be at least fifteen (15) feet from abutting residential zoning districts.

(4)

Hours for outdoor activities shall be limited to 7:00 a.m. to 10:00 p.m.

35.

Fraternity and Sorority Houses.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Fraternity and sorority houses or similar student organizations are permitted subject to all regulations for residential uses in the district where located, and subject to the condition that the maximum number of persons for which beds or other overnight accommodations are provided shall not exceed the maximum number of dwelling units per gross acre, and/or residential equivalent for that zoning district where provided for, or sixty (60) beds, whichever is less. If located in more than one (1) district, the maximum number of persons/beds permitted for the entire lot shall be the sum of the maximum number of persons/beds permitted by each district for the portion of the lot within each given zoning district.

(c)

Fraternity and sorority houses shall be located within one thousand (1,000) feet of an accredited college, university, seminary or other institution of higher education, unless otherwise approved by City Council.

36.

Fuel Oil Distribution (Retail Only) and Storage.

(a)

Administrative approval when the site is abutting or functionally abutting nonresidential property.

(b)

Review by Planning and Zoning Commission and approval by City Council when the site is abutting or functionally abutting residential zoning districts.

(c)

All fuel shall be stored in underground tanks.

37.

Golf Course.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Maintenance facilities shall be screened from view from any abutting or functionally abutting residential zoning district by a solid wall or fence a maximum of six (6) feet in height.

(c)

No buildings or structures other than boundary walls or fences shall be located closer than fifty (50) feet to any property line.

(d)

A golf driving range may be permitted as an accessory use. No structure used in conjunction with the driving range shall be located closer than two hundred (200) feet to any property line.

(e)

If a golf driving range is allowed and it is abutting or functionally abutting residential zoning, such driving range shall not be lighted for night-time use.

(f)

Accessory retail sales (i.e. golf pro shop) may be permitted. Such accessory use shall be limited to a maximum of five hundred (500) square feet of gross floor area.

38.

Heavy Truck Repair, (Major).

(a)

Administrative approval.

(b)

Minimum separation of three hundred (300) feet from any residential district measured from property line to property line.

(c)

Minimum lot size of fifteen thousand (15,000) square feet.

(d)

All repair activity to be done in an enclosed building.

(e)

Enclosure of all outside work areas with a six (6) feet solid wall or fence.

39.

Height—Buildings and Structures Over Fifty (50) Feet in the B-1 District and Forty (40) Feet in Other Districts except "TC" Town Center District.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

All setback requirements shall be increased by fifty (50) percent.

40.

Hospitals and related accessory medical services.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Frontage and primary vehicular access on an arterial or collector roadway with a minimum of four (4) lanes.

(c)

The hospital property shall be limited to any medically related use under control and supervision of the hospital, including, but not limited to, nurses' homes, physicians' quarters or offices, or medical laboratories directly related to the hospital activities, and such buildings as are necessary to the operation and maintenance of the hospital. In addition, drug stores, gift shops, eating establishments, or such other goods or services providing a convenience for patients, employees and visitors shall be permitted.

(d)

Minimum lot area of one (1) acre.

(e)

Minimum lot width of two hundred (200) feet.

(f)

Minimum setback of one hundred (100) feet of any residential property line.

(g)

Landscaping "C" Standards, pursuant to Section 18-1533.16, when abutting a residential zoning district.

(h)

No structure shall be located within the Coastal High Hazard Area, except those accessory structures that are not critical to the operation of the facility such as storage buildings and pavilions.

(i)

Any new or expanding hospital located within any evacuation zone shall provide the Coty with a written evacuation and mitigation plan prior to the issuance of a Certificate of Occupancy.

41.

Homeless shelter and resource center.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

If providing emergency temporary shelter, the structure shall be consistent with the occupancy standards of the Florida Building Code and the Florida Fire Prevention Code in effect at the time of occupancy. Tents or tent-like shelters shall not be permitted. Under no circumstance shall this provision be waived.

(c)

Length of stay for temporary shelter shall be limited to a maximum thirty (30) days, at which time the sheltered client shall be directed to charitable providers of longer term shelter services, if available.

(d)

Individuals shall have forty (40) square feet of floor area and families shall have eighty (80) square feet of floor area for bedding and storage of personal items.

(e)

Operators of shelter services shall maintain records of persons sheltered in a daily census that shall be shared with the Pinellas County Sheriff's Office and the Pinellas Park Police Department.

(f)

The applicant/operator shall affiliate/coordinate with the Pinellas County Homeless Leadership Board, Inc. in order to avail clients of all homeless services offered in Pinellas County.

(g)

If prepared meals are offered as a service, all meals shall be served indoors. Food preparers and servers shall be licensed through the Pinellas County Health Department as appropriate. Additionally, homeless shelters and resources centers are subject to Florida Statutes and Rules concerning food service establishments and food safety protocols promulgated through the Florida Department of Business and Professional Regulation, the Florida Department of Health and/or the Florida Department of Agriculture, as appropriate, in order to protect those persons receiving prepared meals from food borne illnesses or otherwise contaminated food products. All meals shall be prepared in a commercial grade kitchen meeting the requirements of the Florida Building Code. Each such kitchen shall be under the supervision of a Certified Food Protection Manager as defined/described by the Florida Department of Agriculture and Consumer Services regardless of the number of employees/volunteers that may be employed to render food services.

(h)

If conducting prepackaged food assistance to either homeless or non-homeless persons, the conditional use site plan shall demonstrate adequate facilities for receiving and storage of shipments/donations and demonstrate the manner in which food will be stored and distributed to individuals such as a designated pick-up point and adequate parking for clients. Any foods being packaged on site for distribution as prepackaged foods shall be prepared in commercial kitchens as described in (g) above.

(i)

Homeless shelters and resource centers shall be located within one thousand (1,000) feet of a Pinellas Suncoast Transit Authority (PSTA) transit stop as measured along a sidewalk, which must be available to pedestrians seeking the above listed services.

(j)

Off-street parking spaces shall be provided on site at a rate of one (1) space per three (3) clients based upon the building occupancy limit for persons as established by the Florida Building Code or the Florida Fire Prevention Code, whichever is most restrictive.

42.

Hotels and Motels.

(a)

Hotel Densities shall be governed by the Zoning District applicable to the location proposed. In some cases this may be less than the density allowable under the future land use classification of the site.

(b)

Review by the Planning and Zoning Commission and approval by City Council.

(c)

Frontage on, or direct access to an arterial street, or a street or frontage road which directly accesses a limited-access highway.

(d)

Access shall be approved by the Traffic Division Director.

(e)

Minimum lot area of one (1) acre.

(f)

Minimum lot width of one hundred fifty (150) feet.

(g)

No more than twenty (20) percent of the hotel/motel lot shall be utilized for drug stores, gift shops, restaurants, taverns and lounges, and other accessory uses.

43.

Industrial By-Products: Storage, Treatment and/or Transfer.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Site plan shall include: a) Access control; b) Identification of loading and unloading areas; c) Drainage and/or flood control barriers; d) Identification of clean-up areas; e) Runoff control systems; f) Perimeter security; g) Landscaping, in accordance with Section 18-1533.

(c)

Provide a General Location Map, based on one-half (½) mile radius of the site, including:

(1)

Scale and date.

(2)

100-year floodplain area (if applicable).

(3)

Surface waters (including, but not limited to intermittent stream and springs).

(4)

Surrounding land uses.

(5)

Legal boundaries of facility.

(6)

Drinking water and irrigation wells.

(7)

Buildings and other structures.

(8)

Utilities—Water, sewer, drainage, gas, electric (aerial and underground).

(d)

Provide a wind rose.

(e)

Provide a topographic map with contour sufficient to determine surface water flow direction.

(f)

Provide documentation as to whether or not the facility is located within a 100-year floodplain, including source of data.

(g)

Provide results of a laboratory certified soils test for review by City Engineer.

(h)

Minimum separation of three thousand (3,000) feet from any non-industrial zoning district.

(i)

The facility shall be the sole occupant of any building used.

(j)

No building or storage structure closer than fifty (50) feet from any property line or street line.

(k)

No DER-permitted commercial hazardous waste storage, treatment or transfer facility located closer than three thousand (3,000) feet from another such facility, measured from property line to property line.

(l)

Provide information on facility security including security procedures and equipment. Address whether a twenty-four (24)-hour surveillance system or barrier and means to control entry system will be employed. At a minimum, the site perimeter shall be surrounded by an eight (8) feet fence topped with barbed wire. Entrance shall be through an eight (8) feet high gate, with a minimum width of twelve (12) feet.

(m)

Material which meets any of the following characteristics shall be excluded from this operation:

(1)

Capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement; or

(2)

Is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or

(3)

Is a forbidden explosive as defined in 49 CFR 173.54, or a Class I, Division 1.1, 1.2 or 1.3 explosive (formerly Classes A and B) as defined in 49 CFR 173.50, all of which CFR citations shall be as amended from time to time; or

(4)

Fulminic acid mercury (II) salt and sodium azide; or,

(5)

Cyanides greater than one hundred (100) ppm; or

(6)

Any radioactive material.

(n)

The quantity of material stored on site shall be limited to:

(1)

Thirty thousand (30,000) gallons bulk storage; or

(2)

Six hundred (600) Florida Department of Transportation approved containers; or total capacity not to exceed thirty-three thousand (33,000) gallons; or

(3)

Fifty thousand (50,000) gallons combined storage capacity. (If combined storage is used, delineation of the quantity assigned to the bulk and container storage shall be provided.)

(o)

Identify how long material will be stored on site prior to transfer, and describe internal handling procedures.

(p)

Identify:

(1)

Route(s) to be used to and from the site.

(2)

Method(s) of transport.

(3)

Type(s) of containers to be used during shipment.

(4)

Average frequency and amount daily and weekly to be transported.

(q)

Provide general information on the required contingency plan.

(1)

Coordinators shall be equipped with an immediate response device (i.e. beeper).

(2)

Implementation procedures.

(3)

Emergency response procedures (include methodology for immediate notification of facility personnel and necessary state and local agencies).

(4)

Control procedures.

(5)

Prevention of recurrence or spread of fires, explosions, or releases.

(6)

Storage and treatment of released material.

(7)

Container spills and leakage.

(8)

Tank spills and leakage.

(9)

Emergency equipment (location description and capabilities).

(10)

Communication system (internal and external).

(11)

Coordination agreements with local agencies.

(r)

Provide the Fire and Police Departments with the Material Safety Data Sheets (MSDS) for the types of material to be stored and the methods/materials necessary to combat a fire/spill involving said material. The Material Safety Data Sheets (MSDS) shall be updated every three (3) months or as additional material is received.

(s)

Provide on-site storage of fire equipment and retardant chemicals and/or foams suitable for dealing with the types of materials stored. The location of this storage and the quantity to be stored to be determined after discussion with the City's Fire Department. A copy of the Material Safety Data Sheets (MSDS) identified (r) above shall be located in this storage area.

(t)

Access keys for the entrance gate, building, fire equipment and storage building, and other areas as necessary shall be pre-positioned with the City's Police and Fire Departments.

(u)

Provide a description of the procedures, structures or equipment used at the facility for the following:

(1)

Prevention of hazards in loading and unloading operations.

(2)

Prevention of surface runoff or underground seepage from hazardous waste handling areas to other areas of the facility or environment or prevention of flooding.

(3)

Prevention of contamination of water supplies.

(4)

Mitigation of effects of equipment failure and power outages, as applicable.

(5)

Prevention of undue exposure of personnel to hazardous waste.

(v)

Description of the precautions taken at the facility to prevent ignition of flammable or reactive waste.

(w)

Description of the general precautions for handling ignitable or reactive waste.

(x)

Description of facility personnel preparation and training to respond effectively to emergencies and their knowledge of emergency procedures, equipment and systems.

(y)

Facility personnel shall conduct joint semi-annual training and drill exercises with the Pinellas Park Fire Department.

(z)

If treated effluent is to be released into the sanitary sewer system serving the site, provide written documentation that the respective sewer district will accept this effluent and approves of the pretreatment method(s) to be utilized. Further, the applicant will establish a sampling program, to be coordinated with the responsible sanitary sewer department, in order to assure that proper treatment occurs.

(aa)

A reduced pressure zone backflow prevention device, designed to meet City standards, shall be installed where the private water line connects with the City's potable water line.

(bb)

Any such other conditions as may be required to properly protect the health, safety and welfare of the residents of the City.

(cc)

The applicant shall provide the City Engineer with copies of all applicable permits (i.e. Environmental Protection Agency, Department of Environmental Regulation, Southwest Florida Water Management District, or Pinellas County).

(dd)

If monitoring wells are required, as a result of FDER permits, copies of the sampling reports shall be provided to the City Engineer for his review.

44.

Industrial Uses Not Permitted By Right in the M-1 or IH Districts.

(a)

Administrative approval.

(b)

Investigations shall disclose that the proposed use and its operation are compatible with the uses permitted in either the "M-1" or "IH" District, whichever is applicable.

(c)

The proposed use shall be so designed, located, and operated that the public health, safety, and general welfare will be protected.

45.

Junk Yards, Scrap and Salvage Yards.

(a)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(b)

Administrative approval for sites abutting or functionally abutting nonresidential zoning districts.

(c)

Minimum thirty-five (35) feet-wide landscaped buffer area abutting the entire right(s)-of-way along the frontage which serves as the primary point of access and abutting other rights-of-way minimum fifteen (15) feet wide. The buffer areas shall contain one (1) canopy-type tree for each thirty (30) linear feet of lot frontage or fraction thereof. All such landscaping shall be shown on the site plan, and shall identify the type of trees to be used.

(d)

Enclosure of all storage areas by a solid wall or fence not less than eight (8) feet high.

(e)

The stored material enclosed in such an area shall not exceed the height of the fence or wall.

46.

Kennels, Pounds and Animal Shelters.

(a)

Administrative approval.

(b)

Minimum separation of fifteen hundred (1,500) feet away from any residentially zoned property as measured from property line to property line.

(c)

Eight (8) feet high solid fence or wall around all outdoor runs and cages not within a completely enclosed building.

47.

Light Manufacturing.

(a)

Review by Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(b)

Administrative approval for sites abutting or functionally abutting nonresidential zoning districts.

(c)

All outdoor storage shall meet the requirements of Section 18-1530.11 and shall not exceed the height of the fence or wall.

(d)

Hours of operation for sites abutting or functionally abutting residential zoning districts shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday, with no operations on Sunday.

(e)

Access plans to be approved by the Traffic Division Director.

48.

Live/Work Units.

(a)

Site Plan review by Community Redevelopment Agency.

(b)

Front ¼ of the ground floor of the structure shall be used for retail/showroom/gallery.

(c)

Freestanding signs shall not be permitted unless fronting on Park Boulevard or 49 ^th Street.

(d)

No outdoor storage permitted.

49.

Manufacture of Insecticides or other Hazardous Chemicals.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Applicants shall show evidence of compliance with all applicable regulations. (See industrial by-products requirements of this Section.)

50.

Mixed Use - Residential/Office and Residential/Office/Retail.

(a)

Administrative approval.

(b)

Pedestrian access to the commercial uses may be from the outside of the building, the inside of the building, or both, but in no instance shall there be unsecured access directly from the commercial to the residential portion of the building.

(c)

The commercial uses shall not produce noise or other nuisances to residents of the building or adjacent uses.

51.

Mortuaries and Funeral Homes.

(a)

Administrative approval.

(b)

Frontage on an arterial or arterial frontage street. Access plans shall be approved by the Traffic Division Director.

52.

Offender Halfway House.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum five-hundred (500) feet of separation from any day care centers, public/private schools, public recreation areas, churches, residentially zoned property (i.e. F, RE, RR, R-1, R-2, R-3, R-4, R-5, R-6, T-1, T-2, RPUD and B-1 (with RM land use)), health care facilities, or commercial establishments licensed to dispense alcoholic beverages, as measured from property line to property line.

(c)

Minimum twelve hundred (1,200) feet of separation from any other State of Florida licensed facility (as defined in Section 18-1502.2), as measured from property line to property line.

(d)

The maximum number of resident clients shall not exceed the maximum density allowed for the zoning district of the property involved. For purposes of calculating density, every three (3) resident clients shall equal one (1) dwelling unit.

(e)

Facilities housing or treating patients with mental illnesses shall be limited to nonviolent patients who are not suffering from any characteristics or disorders which would render them dangerous to themselves or others. No criminally insane persons shall be housed or treated in any such facility.

(f)

Buffer landscaping as required by Section 18-1533.16, but in no case less than Landscaping Standard B.

(g)

Only residential accessory uses are permitted.

(h)

Trash cans shall be concealed by a three (3) feet high solid fence or wall. If a dumpster is provided, the dumpster shall be located on a minimum ten (10) feet by ten (10) feet concrete pad, and subject to Section 18-1530.20, "Dumpsters".

(i)

Where a license is required from the State of Florida, the granting of a conditional use shall be conditioned upon receipt by the Zoning Division of a copy of the appropriate State of Florida license.

(j)

An Business Tax Receipt from the City of Pinellas Park shall be obtained. Annual renewal of the Business Tax Receipt shall require the submission by the owner of proof of a valid State of Florida license.

53.

Office Supply Stores.

(a)

Administrative approval.

(b)

Maximum building height of two (2) stories, or thirty (30) feet.

(c)

Hours of operation when abutting or functionally abutting a residential zoning district shall be limited to the period from 7:00 a.m. to 11:00 p.m.

54.

Office, Low Impact.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Site plan required.

(c)

Maximum number of parking spaces shall be five (5) spaces inclusive of handicapped accessible spaces.

(d)

Landscape Buffer Type "B" required on interior lot lines.

(e)

Minimum lot size of one-half (½) acre but less than one (1) acre located on a corner lot at the intersection of a collector street and a local street or higher roadway classification.

55.

Offices.

(a)

Administrative approval.

(b)

Access to an arterial or arterial frontage street. Access plans shall be approved by the Traffic Division Director.

(c)

Maximum building height of two (2) stories, or thirty (30) feet.

56.

Off-Street Parking Lots, As Part of a Contiguous Office, Commercial or Industrial Use. This provision addresses parking lots that are located upon a lot that abuts an office, commercial or industrial use, and may have a different zoning designation than the use to which it is accessory. This provision does not regulate nor permit the establishment of a parking facility as a principal use of the lot upon which located.

(a)

Administrative approval when abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Association with the adjacent commercial use by appropriate lease, ownership or other legal instrument. If the commercial use ceases for any reason, subsequent use (of the parking lot) shall revert to the regulations of the district in which such use is located.

(d)

Permitted only between the office, commercial or industrial district and the nearest street when a residential district.

(e)

Six (6) feet-high solid wall where adjoining and residentially zoned lot, subject to Section 18-1530.10, "Fences, Walls and Hedges".

(f)

Outdoor lighting shall be designed and situated for maximized light containment within the subject property. No spill-over lighting shall be directed onto any abutting or functionally abutting residentially zoned property.

(g)

No movement of vehicles on such lots between 10:00 p.m. and 7:00 a.m.

(h)

No sales or service activities, nor parking of recreational vehicles of any kind, nor trucks, for more than twenty-four (24) hours, except for operative automobiles and appurtenances and light commercial vehicles. No drive-thru lane for an adjacent or abutting facility or operation shall be allowed.

(i)

Ten-foot wide landscaped buffer along the entire right-of-way which provides the primary access to the site, pursuant to Section 18-1533.16, for Landscaping Standard Number 1.

(j)

Dumpsters are prohibited.

(k)

Size and configuration of parking spaces circulation and other design specifications is subject to Section 18-1532 of this Article, except as modified herein.

(l)

Ingress/egress may be restricted to the commercial site.

(m)

Landscaping of the parking areas shall meet the minimum requirements in Section 18-1533. Additional landscaping may be required to protect the integrity of existing residential properties.

57.

Off-Street Parking Lots and Parking Garages As A Principal Use.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Minimum lot size of fifteen thousand (15,000) square feet.

(c)

Ten-foot wide landscaped buffer along the entire right-of-way which provides the primary access to the site, meeting requirements of Section 18-1533.16.

(d)

Shall maintain landscaping "C" standards.

58.

Outdoor Amusements, Flea Markets, Kiddie Parks and Similar Amusement Centers of a Permanent Nature.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

No amusement device or building used for amusement, or open sales purposes, shall be located nearer than one hundred fifty (150) feet from any residential district. Along any property line adjacent to a residential use or district, there shall be a solid fence or wall not less than six (6) feet in height which shall serve to screen the activity.

(c)

Where deemed necessary by the City Council for health, safety and welfare, a fence or wall not less than six (6) feet in height shall be required along any property line.

(d)

All buildings, structures, security guard/caretaker's dwelling unit (single-family or manufactured home) recreational vehicles, tents, mechanical devices or animals associated with such use shall be set back not less than fifty (50) feet from any property line.

(e)

Minimum lot frontage of three hundred (300) feet on a public road.

(f)

Arterial street frontage and access. Access is also permitted from a frontage road bordering such thoroughfare, or from a street within the same block that intersects the thoroughfare upon which the use has frontage.

(g)

No operation after 11:00 p.m. where abutting or functionally abutting a residential zoning district.

(h)

Sounds emanating from the use shall not adversely affect surrounding residential property and shall meet the requirements of Chapter 16 of the Code of Ordinances.

(i)

Residential accommodations limited to one (1) permanent fixed residential dwelling for a caretaker.

59.

Outdoor Storage of Vehicles, Construction Equipment, and Other Similar Equipment.

(a)

Administrative approval unless a waiver is requested for any of the following criteria, then the application shall require Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum separation of three hundred (300) feet from any residential district measured from property line to property line.

(c)

Enclosure of all storage areas by a solid wall or fence not less than eight (8) feet high.

(d)

Ten (10) feet-wide landscaped buffer along the entire right-of-way which provides the primary access to the site (in accordance with Section 18-1533.15.).

60.

Package Sales.

(a)

Administrative approval unless a waiver is requested for any of the following criteria, then the application shall require Review by the Planning and Zoning Commission and approval by City Council.

(b)

The subject property is neither adjacent nor functionally adjacent to a residential zoning district.

(c)

The subject property is not within five hundred (500) feet of a parcel of land used as a place of worship, an educational institution, a public educational facility, or a day care center unless the intervening land uses, structures or context are such that the location of the package sales is unlikely to have an adverse impact on such place of worship, educational institution, public educational facility or day care center. If the place of worship, educational institution, public educational facility or day care center is a nonconforming use, then this criteria shall not apply.

(d)

The subject property shall have frontage on either an arterial or collector right-of-way with ingress to and egress from the property not to occur via a local street.

61.

Paint Manufacturing.

(a)

Administrative approval.

(b)

Lot shall not abut or functionally abuts a residential zoning district.

(c)

Use shall be located in an industrial park which has direct access to an arterial, arterial frontage street or expressway.

(d)

No direct access through a residential zoning district is permitted.

62.

Places of Worship.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum lot area of twenty-two thousand five hundred (22,500) square feet.

(c)

Minimum lot width of one hundred fifty (150) feet.

(d)

Minimum setback of fifty (50) feet to any property line abutting a residential zoning district.

(e)

Any accessory residential use or school upon the premises shall provide additional lot area as required for such use and shall further be subject to all conditions set forth therein. Accessory uses may include convents, monasteries, rectories, parsonages or church halls.

63.

Plant Nurseries, Retail.

(a)

Administrative approval.

(b)

No vehicular access driveway shall be located closer than one hundred (100) feet from any intersection, unless the lot is of insufficient width to comply with this requirement, in which case ingress and egress shall be located at the furthest point from the intersection possible.

(c)

The owners or tenants of the property on which the plant nursery is located shall operate the business.

(d)

In the "F" Farm zoning district, retail sales of plant material limited to that which is actually grown on the subject property. No other sales of garden and plant accessories (i.e. tools, seeds, mulch, soil, stepping stones, or other similar material).

(e)

In the "B-1" and "CH" zoning districts, retail display, storage, and sales of plant material and garden and plant accessories (i.e. tools, seeds, mulch, soil, stepping stones and other similar material) shall be screened from view by material acceptable to the Zoning Director. In no case shall a chain link fence with inserts be allowed.

(f)

Access plans must be approved by the Traffic Division Director.

64.

Produce Stands.

(a)

Administrative approval.

(b)

Minimum one hundred-foot separation from any intersection.

(c)

The stand shall be operated by the owners or tenants of the property on which the stand is located.

(d)

Sale of produce limited to that which is actually grown on the subject property.

(e)

Minimum five (5) off-street parking spaces. Meeting the requirements of Section 18-1532, except that paving is not required. Access plans must be approved by the Traffic Division Director.

65.

Race Tracks.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

Minimum one thousand (1,000) feet of separation of any residential zoning district as measured from property line to property line.

(c)

Access and frontage onto an arterial or arterial frontage street. Access plans must be approved by the Traffic Division Director.

(d)

Minimum lot area of five (5) acres.

(e)

Minimum lot frontage of three hundred and thirty (330) feet along the arterial or arterial frontage street.

(f)

Minimum fifty-foot of setback to any property line.

(g)

Where deemed necessary by the City Council in the interest of health, safety and welfare, safety fences shall be required along all property lines.

66.

Railroad Terminals or Other Rail/Mass Transit Facilities. Review by Planning and Zoning Commission and approval by City Council.

67.

Recreation/Open Space.

(a)

Administrative approval.

(b)

Site plan required.

(c)

When the proposed use is located within a Single Family Residential District and is primarily recreation, a six-feet-high solid fence may be required to buffer abutting residences, in the judgment of the Zoning Director, and based upon input from neighboring property owners and the presence of existing fencing on adjacent properties.

68.

Recreation Establishments. (e.g. bowling alley, golf practice range, golf course, dance hall, skating rink or other similar places of amusement or entertainment).

(a)

Administrative approval when abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council whenever abutting or functionally abutting any residential zoning district.

(c)

Frontage on an arterial or arterial frontage street.

(d)

All parking areas and ingress and egress shall be so designed to minimize traffic congestion on any adjacent streets and shall be approved by the Traffic Division Director.

(e)

When abutting a single-family residential zoning district, the following regulations shall apply:

(1)

No parking within the required side or rear yard setbacks.

(2)

Minimum building setbacks of: fifty (50) feet front; fifteen (15) feet side; and twenty-five (25) feet rear. If a corner lot, a twenty-five (25) feet secondary front setback. In no case shall a setback of less than twenty-five (25) feet be provided when abutting a single-family residential zoning district.

(3)

Fifteen (15) feet wide landscaped buffer abutting the single-family zoning district. Meeting requirements of Section 18-1533.16, Landscaping Standard "D" except that tree spacing shall be one (1) tree per twenty-five (25) feet.

(4)

For outdoor recreational uses, on-site noise containment shall be a primary consideration in the design of the site.

69.

Recreational Vehicles. This use shall only be an accessory use to a manufactured home park. This restriction shall be effective March 15, 1993.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Subject to the density limitations of the Comprehensive Plan.

(c)

Lot size and other dimensional requirements will be in accordance with "T-2 District" regulations.

(d)

Each lot shall be clearly defined by a permanent marker placed at all corners.

(e)

Parking on assigned spaces only. Recreational vehicles occupying travel trailer sites existing as of the effective date of this Section (July 28, 1983), may construct permanent additions to such vehicles subject to the setbacks established for the "T-2" District.

(f)

Recreational vehicles are exempt from the minimum livable floor area requirements.

70.

Research and Development.

(a)

Administrative approval when the site abuts or functionally abuts a nonresidential zoning district.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Frontage on either an arterial, arterial frontage or collector street.

(d)

Minimum lot size of fifteen thousand (15,000) square feet.

(e)

No storage of materials, supplies, or equipment, except in an enclosed building.

(f)

No use, activity, or process shall produce electromagnetic or other interference with normal off-site radio and/or television reception.

71.

Residential Care Facilities.

(a)

Review by the Planning and Zoning Commission and approval of City Council.

(b)

The minimum lot area and minimum lot width shall be not less than the following amounts:

(c)

Where adjoining any residential district, no building shall be located closer than twenty-five (25) feet to any interior property line for one (1) or two (2) stories, and no closer than fifty (50) feet for buildings over two (2) stories.

(d)

Not less than twenty (20) percent of the lot area shall be landscaped and retained as usable open space for occupants, with adequate accommodations for wheelchair use.

72.

Restaurants, Drive-In/Drive Thru.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum lot area of fifteen thousand (15,000) square feet.

(c)

Frontage on an arterial or arterial frontage street. Access plans shall be approved by the Traffic Division Director.

(d)

Minimum setback of thirty (30) feet to any side property line, or twenty-five (25) feet to any rear property line.

(e)

The operation of the drive-in/drive-thru facility when abutting or functionally abutting a residential zoning district shall be limited to the period from 7:00 a.m. to 11:00 p.m.

73.

Rooming and Boarding Houses.

(a)

Review by Planning and Zoning Commission and approval by City Council.

(b)

The maximum number of persons for which beds or other overnight accommodations are provided shall be determined by the Land Use Plan Map, but in no event shall exceed fifteen (15).

(c)

Minimum thirty (30) percent usable open space on the lot.

(d)

Lot meet the minimum lot area requirement for the zoning district in which it is requested for approval.

74.

Rural Event Venues.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum lot area of three (3) acres.

(c)

Approval from the City of Pinellas Park Fire Department.

(d)

The venue shall comply with the noise restrictions of Section 16-105 of the Code of Ordinances. City Council may impose, at their discretion, additional screening and muffling requirements based on the unique characteristics of each site.

(e)

Onsite lodging shall be permitted as an accessory use provided that it is clearly designated on the approved site plan and is limited to no more than four (4) lodging rooms to be used exclusively by venue clients. This shall not apply to properties located in the Public (P) zoning district.

(f)

An enhanced streetscape landscape buffer of one (1) tree per thirty (30) linear feet of lot frontage with a continuous hedge shall be provided.

(g)

The property must have direct access to a public right-of-way.

(h)

Outdoor lighting shall be designed and situated for maximum light containment within the subject property. No spill-over lighting shall be directed onto any abutting or functionally abutting residentially zoned property.

(i)

Hours of operation limited to between 7:00 a.m. and 11:00 p.m.

(j)

Existing residential, agricultural, and/or equestrian uses may continue on the property concurrently with an approved rural event venue.

75.

Schools of Non-Academic Curriculum.

(a)

Administrative approval when abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council when abutting or functionally abutting residential zoning districts.

(c)

Sale of or consumption on the premises of alcoholic beverages is prohibited.

(d)

Operation limited to the hours between 7:00 a.m. and 11:00 p.m. when it is located abutting or functionally abutting any residential zoning district.

76.

Schools, Trade.

(a)

Administrative approval when abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council when abutting or functionally abutting residential zoning districts.

(c)

The operation of said facility shall be limited to the hours between 7:00 a.m. and 11:00 p.m. when it is located abutting or functionally abutting any residential zoning district.

77.

Secure Climate Controlled Storage Facility.

(a)

Review by the Planning and Zoning Commission and approved by City Council for sites abutting or functionally abutting residential zoning districts.

(b)

Administrative approval by staff when abutting nonresidential zoning districts.

(c)

Frontage on an arterial or arterial frontage street. Access plans shall be approved by the Traffic Division Director.

(d)

Use limited to storage of household items, business records, and related business items, autos and similar vehicles weighing no more than six thousand (6,000) pounds, merchandise/or retail or wholesale sale items, boats and outboard engines and building materials.

(e)

At least fifty-five (55) percent of the units must be dehumidified (heating and air conditioning).

(f)

Minimum thirty-five-foot-wide landscaped buffer area abutting arterial streets and ten (10) feet abutting other rights-of-way.

(g)

Minimum ten-foot-wide landscaped buffer abutting residential zoning district property lines.

(h)

Mandatory caretaker dwelling for security purposes.

(i)

No use other than storage is permitted in the facility.

78.

Shelter Homes, subject to Section 18-1530.19 "Community Residential Homes."

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum separation of five hundred (500) feet from any licensed daycare center or public/private school as measured from property line to property line.

(c)

Minimum separation of twelve hundred (1,200) feet of any other State of Florida licensed activity (as defined in Section 18-1502.2), as measured from property line to property line.

(d)

Maximum fourteen (14) resident clients.

(e)

Facilities housing or treating patients with mental illnesses shall be limited to nonviolent patients who are not suffering from any characteristics or disorders which would render them dangerous to themselves or others. No criminally insane persons shall be housed or treated in any such facility.

(f)

Maintenance and operation in accordance with the applicable Code provisions and in a manner compatible with the surrounding area.

(g)

Buffer landscaping as required by Section 18-1533.16, but in no case less than Landscaping Standard B.

(h)

Accessory uses limited to those permitted for residential dwelling uses.

(i)

No exterior signage identifying the use of the premises as a Shelter Home.

(j)

Where a license is required from the State of Florida, the granting of a conditional use shall be conditioned upon receipt by the Zoning Division of a copy of the appropriate State of Florida license.

(k)

A Business Tax Receipt from the City of Pinellas Park shall be obtained. Annual renewal of the Business Tax Receipt shall require the submission by the owner of proof of a valid State of Florida license.

79.

Shooting Range.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum separation of five hundred (500) feet from any residentially zoned lot, as measured from property line to property line.

(c)

Projectile containment/shielding methods and materials shall be approved by the City Council.

80.

Shopping Centers.

(a)

Shopping centers of five (5) or more total acres in area should be developed as planned unit developments, subject to the regulations in Section 18-1529, "Planned Unit Development District".

(b)

Administrative approval when:

(1)

The site is abutting or functionally abutting nonresidential zoning districts.

(2)

The gross floor area is less than fifty thousand (50,000) square feet.

(c)

Review by the Planning and Zoning Commission and approval by City Council when:

(1)

The site is abutting or functionally abutting residential zoning districts.

(2)

The gross floor area is fifty thousand (50,000) square feet or more.

(d)

Access plans shall be approved by the Traffic Division Director.

(e)

At least fifty (50) percent of the required front yard setback shall be landscaped.

(f)

Continuous solid, linear facades are not permitted. Variation in the horizontal and vertical planes of the facade is required. Use of recessed or protruding stairwells, entryways, balconies, staggered roof lines and/or a change in building materials shall be used to achieve a variation in the facade design.

81.

Solid Waste Facilities.

(a)

Site plan review by the Planning and Zoning Commission and approval by City Council.

(b)

The owner shall provide necessary information to the City establishing the public necessity of the facility in the location where sought. This requirement shall not apply to enlargements or alterations to existing facilities.

(c)

Minimum separation of five hundred (500) feet to any residentially zoned property.

(d)

Trees planted on an average of one (1) tree every twenty-five (25) feet in a staggered planting pattern to form a visual buffer to such facility.

82.

Special Needs Treatment Facility.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Minimum separation of five hundred (500) feet from any licensed day care center, public/private school, residentially zoned property (i.e. F, RE, RR, R-1, R-2, R-3, R-4, R-5, R-6, T-1, T-2, RPUD and B-1 (with RM land use)), health care facilities or commercial establishments licensed to dispense alcoholic beverages as measured from property line to property line.

(c)

Minimum separation of twelve hundred (1,200) feet of any other State of Florida licensed facility (as defined in Section 18-1502.2), as measured from property line to property line.

(d)

Maximum fourteen (14) resident clients.

(e)

Facilities housing or treating patients with mental illnesses shall be limited to nonviolent patients who are not suffering from any characteristics or disorders which would render them dangerous to themselves or others. No criminally insane persons shall be housed or treated in any such facility.

(f)

Buffer landscaping as required by Section 18-1533.16, but in no case less than Landscaping Standard B.

(g)

Accessory uses limited to those permitted for residential dwelling uses.

(h)

Where a license is required from the State of Florida, the granting of a Conditional Use shall be conditioned upon receipt by the Zoning Division of a copy of the appropriate State of Florida license.

(i)

A Business Tax Receipt from the City of Pinellas Park shall be obtained. Annual renewal of the Business Tax Receipt shall require the submission by the owner of proof of a valid State of Florida license.

83.

Storage of Flammable Liquids Above Ground in Excess of One Thousand (1,000) Gallons.

(a)

Review by the Planning and Zoning Commission and approval by City Council.

(b)

Demonstrate conformance with all applicable regulations regarding the handling and storage of subject flammable liquids.

(c)

Minimum tank setback of five hundred (500) feet from any residential zoning district.

84.

Taverns and Lounges.

(a)

Administrative approval unless a waiver is requested for any of the following criteria, then the application shall require Review by the Planning and Zoning Commission and approval by City Council.

(b)

The subject property is neither adjacent nor functionally adjacent to a residential zoning district.

(c)

The subject property is not within five hundred (500) feet of a parcel of land used as a place of worship, an educational institution, a public educational facility, or a day care center unless the intervening land uses, structures or context are such that the location of the package sales is unlikely to have an adverse impact on such place of worship, educational institution, public educational facility or day care center. If the place of worship, educational institution, public educational facility or day care center is a nonconforming use, then this criteria shall not apply.

(d)

The subject property shall have frontage on either an arterial or collector right-of-way with ingress to and egress from the property not to occur via a local street.

85.

Taxi, Limousine Dispatch or Rental, Auto Rental Establishment, Accessory Minor Automotive Repair.

(a)

Administrative approval when abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Minimum lot size of fifteen thousand (15,000) square feet.

(d)

Ten (10) feet wide landscaped buffer along the entire right-of-way which provides the primary access to the site in accordance with Section 18-1533.15.

(e)

Shielding of all outdoor storage areas by a solid six (6) feet high wall or fence where abutting a public right-of-way or residentially zoned property in compliance with the requirements of Section 18-1530.10, "Fences, Walls and Hedges".

86.

Theaters.

(a)

Administrative approval when the site abuts or functionally abuts nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Minimum separation from three hundred (300) feet from any residential zoning district as measured from property line to property line.

87.

Theaters, Drive-In.

(a)

Administrative approval when the site is abutting or functionally abutting nonresidential zoning districts.

(b)

Review by the Planning and Zoning Commission and approval by City Council for sites abutting or functionally abutting residential zoning districts.

(c)

Minimum lot size of ten (10) acres.

(d)

Minimum five hundred (500) foot separation from any residential zoning district, as measured in from property line to property line.

(e)

Access and egress shall be directly from an arterial or frontage road, and sufficient traffic queuing lanes to the point of entrance. All access and queuing plans must be approved by the Traffic Division Director.

(f)

Minimum setback of fifty (50) feet to any property line.

(g)

Solid perimeter barrier wall or fence not less than eight (8) feet in height and a ten-foot wide landscaped buffer along streets and adjacent property.

(h)

The screen upon which movies are projected shall not be visible from any arterial street or neighboring residential area.

(i)

Central loudspeakers shall not be permitted.

88.

Truck/Trailer Rental Establishment.

(a)

Staff only approval for sites that do not abut or functionally abut single family residential zoning districts.

(b)

Review by Planning and Zoning Commission and final approval by City Council for sites that abut or functionally abut single family residential zoning districts.

(c)

Area used for storage of inventory must be screened from view from adjacent rights-of-way and/or abutting or functionally abutting single family zoning districts.

(d)

Access plans must be approved by the Transportation and Stormwater Director.

89.

Utilities, Public and Private.

(a)

This provision applies to any buildings, structures, installations, substations or other required facilities for the operation of a public or private utility service and other essential services of government which are located at or above the ground surface. However, it shall not apply to underground facilities or ordinary facilities such as poles or installations upon poles, wires, pipes, rails, roads or other features for which a right-of-way is required for the actual transmission or transportation of any utility service. Further, these provisions shall not apply to ordinary administrative offices, storage yards or other activity of a public utility or government service which is not directly related to the transmission or transportation of the utility service or the essential governmental service.

(b)

Administrative approval.

(c)

The owner shall provide necessary information to the City establishing the public necessity of the facility in the location where sought. This requirement shall not apply to enlargements or alterations to existing facilities.

(d)

The minimum setbacks requirements shall be not less than required in the district where located, but where abutting or functionally abutting a residential zoning district the setbacks shall be not less than thirty (30) feet or the height of such building or structure, whichever is greater.

(e)

The cumulative area of all building(s) and enclosed structures shall cover not more than thirty (30) percent of the net lot area.

(f)

Discontinuance for a period in excess of six (6) months requires that all improvements associated with the conditional use be dismantled/demolished and removed from the site at the owner's expense.

90.

Warehouses, Storage, Mini-Warehouse and Wholesaling Establishments.

(a)

Administrative approval.

(b)

Twenty-foot wide landscaped buffer along the entire right-of-way which provides the primary access to the site, in accordance with requirements of Section 18-1533.15.

(c)

No outdoor storage of materials.

(d)

Orientation of all noise-generating mechanical equipment and garage doors away from residential zoning districts.

91.

Zero Lot Development. Compliance with Section 18-1529, "Planned Unit Development District" of this Article.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 3840, § 4, 5-9-2013; Ord. No. 3863, § 4, 10-10-2013; Ord. No. 3928, § 23, 1-22-2015; Ord. No. 3986, § 1, 7-14-2016; Ord. No. 3987, § 8, 7-14-2016; Ord. No. 4030, § 3, 8-10-2017; Ord. No. 4079, § 1(Att. A)112., 3-14-2019; Ord. No. 4106, §§ 16—19, 3-12-2020; Ord. No. 4155, § 2, 1-27-2022; Ord. No. 3748, § 3, 10-28-2010; Ord. No. 3840, § 4, 5-9-2013; Ord. No. 3863, § 4, 10-10-2013; Ord. No. 3928, § 23, 1-22-2015; Ord. No. 3986, § 1, 7-14-2016; Ord. No. 3987, § 8, 7-14-2016; Ord. No. 4030, § 3, 8-10-2017; Ord. No. 4079, § 1(Att. A)112., 3-14-2019; Ord. No. 4106, §§ 16—19, 3-12-2020; Ord. No. 4155, § 2, 1-27-2022; Ord. No. 4198, § 5, 6-22-2023; Ord. No. 4205, § 23, 7-27-2023; Ord. No. 4255, § 5, 6-27-2024; Ord. No. 4280, § 10, 1-9-2025; Ord. No. 2025-13, § 4, 3-27-2025)