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Safety Harbor City Zoning Code

ARTICLE VI

COMMUNITY REDEVELOPMENT DISTRICT

96.00 - Purpose and intent.

It is the purpose and intent of this Article to:

A.

Implement the City of Safety Harbor Downtown Master Plan.

B.

Promote the health, safety, general welfare and quality of life in the City by establishing reasonable standards for the orderly development and redevelopment of areas within the Community Redevelopment District of the City as identified in the City of Safety Harbor Comprehensive Plan.

C.

Enhance the character, quality, and vitality of development within the Community Redevelopment District by:

(1)

Providing for adequate light, air and privacy; securing safety from fire, flood and other damage; preventing overcrowding of the land and undue congestion of population;

(2)

Preserving and enhancing natural resources and aesthetic character;

(3)

Protecting and conserving the value of land and buildings and improvements upon the land, and minimizing the conflicts among the uses of land and buildings;

(4)

Providing the most beneficial relationship between the uses of land and buildings and the circulation of traffic, with particular regard for safe and efficient vehicular and pedestrian traffic movement;

(5)

Providing for value-added open spaces through efficient project design and layout that addresses appropriate relationships between buildings on the project site and adjoining properties, including public rights-of-way and other public places;

(6)

Protecting and improving the quality of water resources and wetlands and preserving floodplains, drainageways, and other natural areas having beneficial hydrological characteristics and functions;

(7)

Establishing districts of a size, type, location and with standards that reflect the existing and desirable characteristics of each particular area within the City;

(8)

Establishing permitted uses corresponding with the purpose and character of the respective districts and limiting uses within each district to those uses specifically authorized;

(9)

Establishing use limitations for specified uses which are consistent with the district in which they are allowed and the particular characteristics of such specified uses; and

(10)

Enumerating density, area, height, setback, coverage and like requirements for each district, and making appropriate distinctions between categories of uses within districts, based on the general purposes of this Code, the Comprehensive Plan, the Downtown Master Plan and existing and desired community characteristics.

D.

Create value for the citizens of the City of Safety Harbor by:

(1)

Promoting the downtown as a focal point for the City and encouraging its aesthetic improvement;

(2)

Allowing property owners to enhance the value of their property through innovative and creative development and redevelopment;

(3)

Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties, and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties;

(4)

Promoting economic development and neighborhood revitalization;

(5)

Strengthening the City's economy and increasing its tax base as a whole; and

(6)

Enhancing the timeliness and certainty of development approvals.

E.

Provide for the protection of constitutional and statutory private property rights.

F.

Make beautification of the Community Redevelopment District a matter of high priority, and to ensure that existing and future uses and structures in the City are attractive and well-maintained.

97.00 - Relationship to community redevelopment plan.

In approving any development in the Community Redevelopment District (CRD) the City Commission may prescribe conditions and safeguards necessary to ensure compliance with the intent of this Code, the City of Safety Harbor Comprehensive Plan and the City of Safety Harbor Downtown Master Plan, as they may be amended from time to time.

98.00 - Community Redevelopment District.

Development in the Community Redevelopment District shall correspond to the Character District categories specified in the Master Development Plan Framework as delineated in Figure 2 of the adopted City of Safety Harbor Downtown Master Plan, which is incorporated and made a part of this Article and which is maintained by the Planning and Zoning Division of the Community Development Department as the Official Community Redevelopment District Map. The Character District categories are classified as follows:

Abbreviation Character District Category
MSM Main Street Marketplace
CTC Community Town Center
DR Destination Resort
SC-1 Service Corridor - 1
SC-2 Service Corridor - 2
LHL Local Historic Landmark
WV Waterfront Village
CC Creekside Conservation
TND-1 Traditional Neighborhood Development - 1
TND-2 Traditional Neighborhood Development - 2
P Public

 

98.01   Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of the districts as shown on the Official Community Redevelopment District Map, the following rules of interpretation apply:

A.

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

B.

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

C.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of changes in the shoreline shall be construed as following such changes.

D.

Boundaries which are shown as dividing a lot or which are shown with distances which are not specifically indicated on the Master Development Plan Framework shall be determined by measurement according to the scale of the Official Downtown District Map.

E.

Public rights-of-way which are vacated or abandoned shall be subsumed into the districts which are applicable to the parcels to which the vacated or abandoned rights-of-way are added.

98.02   Permitted and conditional land uses.

Land uses are allowed in the Community Redevelopment District in accordance with Table VI-1. Article XVI, Definitions, shall be referred to for clarifying land use classifications. Permitted uses are permitted by right in the Character District, subject to compliance with all other applicable requirements of this Code. Conditional uses may be allowed subject to review and approval by the City Commission in accordance with Section 228.00, and with all other applicable requirements of this Code.

Table VI-1

Permitted and Conditional Uses MSM (1) CTC (1) DR SC-1 (1) SC-2 CC (2) LHL WV (3) TND-1 TND-2 (4) P
RESIDENTIAL
Single-family detached dwellings P P P P P P P P P
Single-family semidetached dwellings P P P P P P P
Two-family dwellings P P P P P P P
Single-family attached dwellings P P P P P P P
Residential uses above ground level P P P P P C
Multifamily dwellings P P P P C C P
Community residential homes/congregate care facilities P P P P P P P P
NONRESIDENTIAL
Retail sales establishments P P P P C C
Retail food establishments P P P P C C
Financial institutions P P
Personal/business service establishments P P P P P/C (2) P C
Business and professional offices P P P P/C (2) P P C
Eating establishments, sit down, and taverns P P P P C C
Hotels, motels and resorts P P C
Bed and breakfast C C C C C C C C C
Tennis or racquet clubs P P
Commercial recreation facilities, indoor P C C
Transient accommodations P P P P C
Theaters, indoor P P
Private clubs P P P P
Performing arts centers P
Assembly halls and convention centers P P
Brewpub P P C
Microbrewery/micro-distillery, nano brewery C C P
Regional brewery C
Schools of special education P
Day care centers P C C C C C
Churches C C
Social service/public agency P P C C
Funeral homes and mortuaries P
Veterinary clinics and hospitals P P
Repair service establishments P P P
Light printing establishments P P
Heavy printing establishments P
Rental service establishments P P
Transportation terminals C C
Service stations P
Vehicle repair, minor and major P P
Wholesale trade P P
Warehouses P
Light manufacturing P
Outdoor storage (5) P
Mini-warehouses P
Light utility service P P
Heavy utility service P
Construction service establishments P P
Industrial workshop and services P P
Public park and recreation facilities P
Public marinas P
Museums, galleries, cultural centers, studios and similar uses P P C C C C P
Government offices and related facilities P P
Emergency service facilities P
Commercial off-street parking P C P
Wholesale vegetable garden P
Community gardens P P P P P P P P P P P
Preservation areas and open space P P P P P P P P P P P

 

P= Permitted Use   C= Conditional Use

Notes:

(1) Ground floor residential uses fronting Main Street are prohibited. Freestanding residential that is not part of a mixed-use project shall comply with the area and dimensional standards of the TND-1 district.

(2) Conditional use approval is required in cases where more than 50 percent of the gross floor area of the subject property is devoted to business and professional office and/or personal/business service use(s).

(3) Development applications involving a site area of 20,000 sq. ft. or greater shall follow the review and approval procedures of a Planned Development Project under Article V of the Code with required application material to be determined by the Planning and Zoning Director.

(4) Multifamily and all attached housing types are permitted on property located at the southwest corner of Main Street and 11th Avenue South designated for "transient accommodation" use (parcel identification number 04291663480030170) and the mobile home park property adjacent to Main Street between 12th Avenue N and 13th Avenue N. (parcel identification number 042916663480050010) subject to the area and dimensional standards of TND-1 specified in Table VI-3 under Section 98.05(A).

(5) Subject to Screening and Site Plan Approval as required by Section 55.00 of this Code.

(Ord. No. 2012-07, § 1, 5-7-2012; Ord. No. 2014-03, § 5, 3-17-2014; Ord. No. 2017-15, § 5, 6-19-2017; Ord. No. 2019-05, § 3, 9-16-2019)

98.03   Maximum building height.

(A)

Maximum Height. All development within the Community Redevelopment District shall comply with the building height limitations shown in Figure 3, Maximum Building Height of the adopted City of Safety Harbor Downtown Master Plan which is incorporated by reference and made a part of this Article (the Downtown Master Plan). Article XVI, Definitions, shall be referred to for the method of measuring building height.

(B)

Exemption for Pending Applications. Notwithstanding subsection (A) above, any and all development applications to develop property in those portions of the Community Town Center (CTC) or Traditional Neighborhood Development-1 (TND-1) Character Districts of the Community Redevelopment District which were subject to a Maximum Building Height of thirty-five (35) feet or three (3) stories pursuant to the Downtown Master Plan, but which were pending as of the effective date of Ordinance No. 2019-07 shall not be subject to the Maximum Building Height of thirty-five (35) feet or three (3) stories but shall be subject to the height limitations shown in Figure 3 of the Downtown Master Plan which existed at the time the development application was filed.

(C)

Exemption for Existing Developed Buildings and Structures. Further, notwithstanding subsection (A) above, any and all properties with pre-existing development of buildings and/or structures exceeding thirty-five (35) feet in height or three (3) stories in those portions of the CTC or TND-1 Character Districts of the Community Redevelopment District which are subject to a Maximum Building Height of thirty-five (35) feet or three (3) stories pursuant to the Downtown Master Plan shall not be subject to the Maximum Building Height [of] thirty-five (35) feet or three (3) stories but shall be subject to the maximum height limitations of the existing buildings and structures, unless such property is ever voluntarily redeveloped for any purpose. If the pre-existing buildings or structures are ever demolished, redeveloped, or rebuilt, all buildings or structures shall conform to the current requirements of the Maximum Building Height of the Downtown Master Plan. Provided, however, that pre-existing buildings or structures which are damaged by fire, natural elements, or forces beyond control of the owner (including the owner's affiliates, agents, assigns, subsidiaries, or any closely held or disregarded entities) may be demolished, redeveloped and/or rebuilt to the height and dimensions of the pre-existing building or structure so long as an application to redevelop such property is filed with the City within three (3) months of the date of such damage.

(D)

Design Incentives and Bonuses. Within those portions of the Community Town Center (CTC) or Traditional Neighborhood Development-1 (TND-1) Character Districts of the Community Redevelopment District which are subject to a Maximum Height of thirty-five (35) feet or three (3) stories, an additional five feet (5') in height above the Maximum Height set forth in the Downtown Master Plan may be approved:

1.

By the City Commission in conjunction with a duly authorized development agreement; or

2.

As part of a site plan which demonstrates at least four (4) of the following design enhancements to reduce massing and enhance design above the minimum requirements of this Code:

i.

Mixed use buildings with upper story residential uses over non-residential uses, and with upper stories of at least seventy-five percent (75%) of the first floor gross floor area;

ii.

Pedestrian arcade, overhang, or awnings a minimum of five feet (5') in depth located along a minimum of 70 percent (70%) of the street level of any façade facing a street;

iii.

Exterior balconies on the upper story(ies) of front façade(s) with a minimum total balcony coverage of 10 percent (10%) per façade and not to exceed a total balcony coverage of 50 percent (50%) per facade;

iv.

Front setback exceeding the required setback by a minimum of five feet (5') on all floors;

v.

Side setbacks exceeding the required setbacks on both sides by a minimum of three feet (3') each on all floors;

vi.

Upper story step backs a minimum of five feet (5') along all front façades and side yards;

vii.

Varied roof lines with a maximum linear length of an uninterrupted roof eave line facing a street of forty feet (40'); or

viii.

Protecting a protected tree with a condition rating of 2.5 or greater.

The additional height which may be approved pursuant to the requirements of this Section shall not be construed as nor shall it grant approval for additional building stories above the maximum number of stories set forth in the Downtown Master Plan, nor shall it be construed to waive any other requirements of this Code or the Comprehensive Plan.

(Ord. No. 2012-07, § 2, 5-7-2012; Ord. No. 2019-16, § 2, 11-4-2019)

98.04 - Maximum density and intensity of use.

Density and/or intensity of use standards are set forth by location in Figure 4 of the City of Safety Harbor Downtown Master Plan which is incorporated [by reference] and made a part of this Article and further delineated by classification of use in Table VI-2. Density and intensity of use standards may be combined in mixed-use districts.

Article XVI, Definitions, of this Code shall be referred to for the method of calculating site density and intensity (see floor area ratio) allowances. Factors such as off-street parking, height limits, dwelling unit sizes, lot configuration, minimum landscaping and drainage requirements may limit the amount of density and intensity that can be achieved on a parcel proposed for development.

TABLE VI-2
Abbreviation District Category Maximum Density (DU/A) Maximum Intensity (FAR)
MSM Main Street Marketplace * 1.00
CTC Community Town Center ** 1.00—1.25
DR Destination Resort 15.0*** 1.00
SC-1 Service Corridor-1 * 1.00
SC-2 Service Corridor-2 NP 0.55
LHL Local Historic Landmark 10.0 0.35
WV Waterfront Village 10.0 0.35
CC Creekside Conservation 10.0 0.35
TND-1 Traditional Neighborhood Development-1 15.0 N/A
TND-2 Traditional Neighborhood Development-2 7.5**** N/A
P Public NP 0.55

 

NOTES:

* The maximum residential build-out of the MSM and SC-1 districts shall be 100 dwelling units, which is not calculated towards the floor area ratio.

** The maximum residential build-out of the CTC district shall be 150 dwelling units, which is not calculated towards the floor area ratio.

*** Residential development in the Coastal High Hazard Area shall not exceed 15 dwelling units per acre.

**** Up to 15 dwelling units per acre may be allowed on the mobile home park property adjacent to Main Street between 12th Avenue N and 13th Avenue N (parcel identification # 042916663480050010)

NP = Residential uses are not permitted in this district.

(Ord. No. 2012-07, § 3, 5-7-2012)

98.05 - Dimensional regulations.

(A)

Traditional Neighborhoods. All development in TND-1 and TND-2 Districts must comply with the area and dimensional requirements in Table VI-3 except as may be permitted under Section 24.00, Nonconformities.

TABLE VI-3
Area and Dimensional Standards TND-1 TND-2
Minimum Lot Area (sq. ft./unit)
 Detached single-family, interior 5,000 5,000
 Detached single-family, corner 6,000 6,000
 Two-family 9,000 N/A
 Semi-detached single-family 3,500 N/A
 Attached single-family 2,500 N/A
 Multiple family 10,000 N/A
Minimum Lot Width (feet)
 Detached single-family, interior 50 50
 Detached single-family, corner 50 50
 Two-family 60 N/A
 Semi-detached single-family 35 N/A
 Attached single-family (per unit) 25 N/A
 Multiple family 100 N/A
Maximum Building Width (feet) 150 N/A
Required Yards (feet)
Detached Single-Family and Two-Family
 Minimum front for building height at or below 18 feet 15 15
 Minimum front for building height above 18 feet 20 20
 Minimum side
  Minimum one side 5 5
  Total side yard requirement 14 14
 Minimum rear 20 20
Semi-Detached Single-Family, Attached Single-Family
 Minimum front (primary front yard) 15 N/A
 Minimum front (secondary front yard, corner lots only) 10 N/A
 Minimum side
  Common interior building walls(s) 0 N/A
  Outside building wall(s) 10 N/A
 Minimum rear 20 N/A
Multiple Family
 Minimum front 15 N/A
 Minimum side 10 N/A
 Minimum rear 20 N/A
Minimum building separation, multiple family (feet) 20 N/A
Maximum lot coverage of single-family detached dwelling unit
 One-story structure 65% 65%
 Multistory structure (1) 35% 35%
Maximum impervious surface ratio Refer to Article III, Section 40.00 of this Code

 

(1) Applied only to cases where the upper story of the principal structure exceeds 50 percent of the gross floor area of the first story.

(B)

Mixed use areas. All development in MSM, CTC, WV, and CC must comply with the area and dimensional requirements in Table VI-4 except as may be permitted under Section 24.00, Nonconformities, of this Code.

TABLE VI-4
Area and Dimensional Standards MSM CTC WV CC
Minimum lot area None None None None
Minimum lot width None None None None
Required yards (in feet)
 Minimum front
  Collector or minor arterial 5 (1) 5 (1) 50 20
  Local street 10 10 10 5
 Maximum front 15 15 N/A N/A
 Minimum side (2) 0 0 0 0
 Minimum rear 10 10 10 10 (3)

 

(1) The minimum front yard setback may be reduced to zero feet when building fronts a public sidewalk or courtyard space no less than 15 feet in width.

(2) A minimum 10-foot side yard setback is required for new construction when a nonresidential use is proposed adjacent to an existing residential use in the WV and CC districts.

(3) Required wetland setback (upland buffer) per Section 53.01.

(C)

Local Historic Landmark. All development in the LHL shall comply with the requirements of Article VIII, of this Code, Historic Preservation. Building setbacks and other dimensional requirements shall be determined by the Planning and Zoning Board, acting in their capacity as the Historic Incentives Board, according to the review criteria provided in Section 129.01(B).

The dimensional standards of the CC district stated in Table VI-4 shall apply if:

(1)

The City Commission grants a Certificate of Approval to relocate the Tucker Mansion building to another site; or

(2)

The City Commission authorizes the removal of the historic designation pursuant to Section 128.02, Criteria for Removal of Designation.

(D)

Service Corridor. All development in SC-1 and SC-2 must comply with the dimensional requirements in Table VI-5 except as may be permitted under Section 24.00, Nonconformities.

TABLE VI-5
Area and Dimensional Standards SC-1 SC-2
Minimum lot area None None
Required yards (in feet)
 Minimum front 5 1 25
 Minimum side 0 1 10
 Minimum rear 10 10

 

1 10 feet of side yard setback is required when abutting a property principally zoned for residential use.

(E)

Public Use Areas. All development in P must comply with the dimensional requirements in Table VI-6:

TABLE VI-6
Area and Dimensional Standards P
Minimum lot area None
Required yards (in feet)
 Minimum front 5
 Minimum side 0 1
 Minimum rear 10

 

1 10 feet of side yard setback is required when abutting a property principally zoned for residential use.

(Ord. No. 2012-07, § 4, 5-7-2012; Ord. No. 2013-22, § 1, 8-19-2013; Ord. No. 2015-05, § 10, 3-16-2015; Ord. No. 2016-25, § 3, 1-17-2017)

98.06   Design standards. Compliance with the design standards in this Section is required for any development project that requires site plan approval from the City Commission.

(A)

Traditional Neighborhoods.

(1)

Building Form. Single-family dwelling units shall be constructed with a raised foundation or shall be designed to give the front facade the appearance of an elevated floor at least 16 inches above grade level. Where slab on grade construction is proposed, this requirement can be satisfied by using a raised front entry porch, elevated windows, doors and wall heights.

(2)

Windows. Windows shall not be flush mounted. Windows recessed less than three inches shall feature architectural trim including a header, sill and side trim or decorative shutters. Windows recessed three inches or more shall feature a window sill.

(3)

Main Entrance. The main entrance shall include a porch, portico, or stoop, with a minimum usable depth of six feet and 48 square feet of total floor area. The main entrance shall be connected to the public sidewalk with a sidewalk.

(4)

Driveway Access. New garages shall be accessed from an alleyway or side-street, where feasible as determined by the Planning and Zoning Director. Multifamily and attached housing types shall be designed with shared driveway access with no more than one access point for every 100 linear feet of street frontage.

(5)

Garage Doors. When facing the primary street, front loaded garage doors shall be set back at least 20 feet from the front lot line and be recessed at least five feet behind the front façade line of the dwelling unit.

(B)

Community Town Center and Main Street Marketplace.

(1)

Materials. Durable building materials, simple configurations, and solid craftsmanship are required. Fifty (50) percent of walls fronting Main Street, exclusive of windows shall be constructed of: stucco, brick, split-faced block, stone, or fiber cement siding.

(2)

Windows. At least 60 percent of the street level of any façade facing Main Street shall be windows. Windows shall be of a type which are recessed or "punched" to a depth of not less than two inches from the façade wall in which the window is installed. Windows shall be vertical in shape (height is greater than width).

(3)

Expression Line. A horizontal line on the façade known as the Expression Line (EL) shall distinguish the base of the building from the remainder to enhance the pedestrian environment. The EL shall be created by a change in material, a change in design, or by a continuous setback, recess, or projection above or below the Expression Line. Such elements such as cornices, belt courses, corbelling, molding, stringcourses, ornamentation, and changes in material or color or other sculpturing of the base, are appropriate design elements for the ELs.

(4)

Uninterrupted Façade. The maximum linear length of an uninterrupted building façade facing public streets shall be 20 feet. Façade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials or pilasters shall be used to break up the mass of a single building.

(5)

Building Orientation and Entrances. The primary building entrance shall be located in the front façade parallel to the street. Main building entrances and exits shall be located on the primary street. A clearly identifiable and usable building entrance is required for every 50 feet of a building's frontage on a primary street. Main building entrances shall be defined by at least one of the following:

(a)

A projecting or recessed entrance. A recessed entrance is required if the entrance is within five feet of a property line.

(b)

Transom and/or side light window panels framing the door opening.

(c)

Architectural trim framing the door opening.

(Ord. No. 2012-07, § 5, 5-7-2012)

99.00 - Special regulations.

99.01   Fee in-lieu of required on-site parking.

(A)

The amount of any on-site parking required by Sections 147.00 through 147.05 of this Code for development in the Community Redevelopment District may be reduced by the payment of the fee provided below to the City.

(B)

The fee to be paid by the applicant for a development order shall equal the market value of the land (300 square feet per parking space) which would have been required for parking under Sections 147.00 through 147.05 of this Code plus the construction value of the parking which would have been required. The market value of the property shall be determined by an MIA appraisal, reflecting the market value of the property at the time of development order approval. The construction value shall be determined by a certified cost estimate submitted by the Engineer of Record. The appraisal and construction cost estimate, obtained at the cost of the applicant, shall be submitted to the Planning and Zoning Director for review to determine if the appraisal and construction cost estimate comply with the requirements of this Section.

(C)

Any money collected by the City under this Section may be used only for the purchase of land for, or the construction, maintenance, or operation of on- or off-street municipal parking facilities, and any other costs associated with the provision of municipal parking in the Community Redevelopment District.

100.00 - Waivers.

(A)

In connection with the approval of a development order in the Community Redevelopment District, the City Commission may waive or modify any requirement of this Code with the exception of the use restrictions.

(B)

No waiver or modification may be granted unless one or more of the following circumstances exists:

(1)

Superior Alternatives. Where the development will provide an alternative which will achieve the purposes of the requirement through clearly superior design, efficiency, or performance.

(2)

Protection of Significant Features. Where the waiver or modification is necessary to preserve or enhance significant existing environmental or cultural features, such as trees, scenic areas, historic sites or public facilities, related to the development site.

(3)

Deprivation of Reasonable Use. Where the strict application of the requirement would effectively deprive the owner of all reasonable use of the land, due to its unusual size, shape, topography, natural conditions or location; provided:

(a)

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case, and

(b)

The unusual conditions involved are not personal to, nor the result of actions of the developer or property owner, their predecessors or agents.

(4)

Technical Impracticality. Where strict application of the requirement would be technically impractical in terms of engineering, design, or construction practices, due to the unusual size, shape, topography, natural conditions or location of the land or due to improved efficiency, performance, safety, or construction practices which will be realized; provided:

(a)

The development will provide an alternative adequate to achieve the purposes of the requirement; and

(b)

Any unusual conditions creating the impracticality are not personal to, nor the result of the actions of the developer or property owner, their predecessors or agents.

(5)

No Relationship to the Development or its Impacts. Where all or any part of the requirement has no relationship to the development, or to the impact of the development on the public facilities, land use, traffic, or environment of the neighborhood and the general community, due to the location, scale, or type of development involved.