The following zoning districts are hereby established to carry out the provisions of this Code:

(A)

Agricultural District

(1)

A Agricultural District

(B)

Residential Districts

(1)

R-100 Single Family Residential District

(2)

R-100A Single Family Residential District

(3)

R-70A Single Family Residential District

(4)

R-60 Neighborhood Conservation District

(5)

R-70 One and Two Family Residential District

(6)

CRM Conditional Residential Mix District

(7)

RM Residential Multifamily District

(8)

MHP Mobile Home Park District

(9)

RV Recreational Vehicle Park District

(C)

Office District

(1)

RO Residential Office District

(D)

Commercial Districts

(1)

CS Commercial Service District

(2)

PTC Pinellas Trail Corridor District

(3)

NB Neighborhood Business District

(4)

GB General Business District

(5)

HB Highway Business District

(6)

IB Intensive Business District

(7)

WDI Waterfront Development District

(8)

WDI-A Waterfront Commercial Fishing Development District

(9)

WDI-B Waterfront Commercial Fishing and Tourism Re-Development District

(E)

Industrial Districts

(1)

WDII Waterfront and Marine Industry Development District

(2)

IR Industrial Restricted District

(3)

IH Industrial Heavy District

(F)

Planned Development Districts

(1)

RPD Residential Planned Development District

(2)

CPD Commercial Planned Development District

(3)

IPD Industrial Planned Development District

(G)

Special Purpose District

(1)

LC Land Conservation District

(2)

SAP Special Area Plan (Pursuant to Section 70.00 of this Code)

(3)

P/SP Public/Semi-Public District

(4)

RR Resort Residential

(H)

Special Purpose Overlay Districts (Pursuant to Article VII of this Code)

(1)

Designated Historic Districts

(2)

Designated Historic Structures and Landmarks

(3)

Archaeological Base Zone

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 97-38, passed 11-18-97; Am. Ord. 2009-13, passed 10-20-09; Am. Ord. 2010-20, passed 7-20-10)

(A)

There shall be a map designated as the Official Zoning Atlas which shall show the boundaries of all zoning districts within the City jurisdiction.

(B)

The Official Zoning Atlas dated May 1, 1990 is hereby adopted and incorporated by reference into this Code.

(C)

The Official Zoning Atlas is composed of a series of sheets, identified by Section, Township, and Range, and shall be kept on file in the Office of the Planning and Zoning Department and the Office of the City Clerk and Collector.

(D)

Any map amendment change shall be posted on the Official Zoning Atlas by the Office of the Planning and Zoning Department. Records shall be kept which identify the official action, the date of such action, the area involved, and the date of posting.

(E)

No unauthorized changes shall be made to the Official Zoning Atlas. All changes, or amendments, shall be in accordance with the procedures established in this Code.

(F)

The Office of the Planning and Zoning Department shall retain copies of earlier maps or atlases for historical reference.

(G)

In the event that the Official Zoning Atlas is lost, destroyed, or damaged the Planning Director shall have a new map made. No further action or authorization is required provided no district boundaries are changed in the process.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

In construing the Official Zoning Atlas the following rules shall be applied:

(A)

A district symbol or name shown within a district shall extend or pertain throughout the whole area surrounded by the boundary line.

(B)

Boundaries indicated as approximately following the centerlines of dedicated streets, alleys, highways, easements, railroads, and the like shall be construed to follow such lines.

(C)

Boundaries indicated as approximately following platted lot lines, section, tract, or property lines shall be construed to follow such lines.

(D)

Boundaries indicated as approximately following political boundaries shall be construed as following such political boundaries.

(E)

Boundaries indicated as approximately following the shoreline at a body of water shall be construed as following such shoreline. In the event of a change to the shoreline, the boundary shall be construed as moving with the actual shoreline.

(F)

Boundaries indicated as following the centerlines of streams, canals, or rivers shall be construed as to follow such centerlines.

(G)

Boundaries indicated as entering any body of water but not continuing to intersection with other zoning boundaries or with the City limits shall be construed as extending in the direction in which they enter the body of water to intersection with other zoning boundaries or City limit lines.

(H)

Where physical or cultural features exist on the ground that are at variance with those shown on the Official Zoning Atlas the actual location shall govern.

(I)

Where a public road, street, or alley is officially vacated the regulations applicable to the property to which it reverted shall apply.

(J)

Where areas have been excluded or unclassified the designation shall be classified A Agricultural until designated otherwise in accordance with the procedures established by this Code.

(K)

In cases where the rules fail to clarify the status of land, the Planning and Zoning Director shall interpret the Official Zoning Atlas in such a manner as to carry out the intent of this Code. Appeal from an interpretation shall be to the Board of Adjustment in accordance with the procedures established by this Code.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(A)

Permitted Uses represent only those uses which are permitted by right in a given district.

(B)

Conditional Uses may be permitted in a given district by the Board of Commissioners only upon a finding that such use in a specified location will comply with the criteria established in general or in specific for such use by this Code.

(C)

Uses existing prior to the effective date of this Code shall only be expanded in accordance with the regulations and procedures established by this Code.

(D)

In the event that a particular use is not listed anywhere in this Code, then it shall be interpreted that the use in this Code having the most similar characteristics as the use in question shall apply. The purpose and intent of the district where the use with the most similar characteristics shall also be consulted in this determination.

(E)

All land and land development shall be in accordance with the City's Comprehensive Plan, and these regulations. Where these regulations differ from the City's Comprehensive Plan the more restrictive of the two shall be applied.

(Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93)

(A)

Maximum density shall be expressed in terms of number of dwelling units per gross residential acre. In determination of the maximum number of units to be allowed, any proportional fraction thereof shall be the nearest whole number.

(B)

The maximum density permitted in nonresidential districts shall not exceed 15 units per acre.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(A)

Where a minimum lot size or district size is given for a particular use or zone, no area of land of a lesser size may be rezoned or intensified in use except as follows:

(1)

Such lands are contiguous to such existing zone or zoned land and will be combined to meet the minimum regulation required.

(2)

The rezoning was initiated by the City as a part of a comprehensive rezoning.

(3)

A waiver authorized under the Planned Development Districts is included.

(B)

No lot existing on the effective date of this Code shall be thereafter reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use.

(C)

Lots created after the effective date of this Code shall meet the minimum dimensional requirements established herein.

(D)

The resubdivision or alteration of the arrangements of dimensions or boundary locations for existing lots may be permitted provided the minimum dimensional regulations are complied with and the total number of lots is not increased.

(E)

All uses shall be subject to the minimum lot size requirements specified for a given district unless other minimum requirements are specified elsewhere in this Code.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(A)

No flag lot shall be created, nor shall any structure be constructed upon an existing flag lot, except in compliance with the provisions of (B)(6) below, and the requirements of the Residential Planned Development (RPD) District.

(B)

In Agricultural or Residential Districts in which a minor subdivision may be approved, or if vacant lots of record are of sufficient size to allow the erection of additional structures without the need to submit a plat, under the subdivision regulations in Article X hereof, the Technical Review Committee (TRC) may permit a flag lot under the following conditions:

(1)

The original series of lots are of such size, shape, or location so that the lot in question does not have access to an existing public or private street.

(2)

The remainder of the series of lots are adjoining an existing public or private street.

(3)

The lot in question is an isolated example and will not set the precedent for a repetitive pattern.

(4)

The lot in question can be given street numbers and designed or located in such a way that it does not become a detriment to the provision of emergency services.

(5)

No public expenditures for the extensions of streets or utilities are required.

(6)

The driveway will be at least 20 feet in width and shall be paved.

(7)

The lot in question shall otherwise conform to the dimensional regulations of the district in which it is located.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 94-11, passed 4-19-94)

No land below the shoreline shall be credited as a part of a lot for the purposes of determining lot area, nor shall such land be part of any required yard or setbacks.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

The height limitations of this Code shall not apply to poles used for the franchised distribution and/or transmission of electrical power, street lighting standards, and traffic control signal devices.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-01, passed 2-20-96)

No part of the open space required in any development may be subsequently reduced below the minimum requirement.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(A)

All building floor elevations for living space shall be a minimum of 1½ feet above the highest elevation of a street pavement or surface adjacent to the building. All other buildings shall have floor elevations a minimum of one foot above the highest elevation of a street pavement or surface adjacent to the building. Provided, however, that the City Manager or his designee may grant an exception to this requirement, if the site is graded to provide for adequate drainage and there are either physical constraints that create an undue hardship or other sound engineering reasons that require the waiver of the requirements of this section.

(B)

No certificate of occupancy shall be issued unless a registered engineer or land surveyor certifies that the building has been constructed to the proper elevation as required under subsection (A).

(C)

This section shall apply to all new structures for which building permits are applied for after September 9, 1988. It shall not apply to additions to existing structures constructed in accordance with a building permit applied for prior to September 9, 1988.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

If an area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regulations shall remain in effect until the area is rezoned by the City to comply with its Comprehensive Plan.

(F.S. Ch. 171) (Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(A)

Ancillary non-residential uses/transportation utility uses, as defined by the Countywide Plan Rules of Pinellas County, shall not exceed ten acres when located in the Institutional Future Land Use Map category. Any such use, alone or when added to existing contiguous like use(s), which exceeds 10 acres shall require a plan map amendment to an appropriate category which shall include such use and all contiguous like uses.

(B)

Institutional and Ancillary non-residential uses, as defined by the Countywide Plan Rules of Pinellas County, shall not exceed ten acres when located in the Transportation/Utility Future Land Use Map category. Any such use, alone or when added to existing contiguous like use(s), which exceeds 10 acres shall require a plan map amendment to an appropriate category which shall include such use and all contiguous like uses.

(Ord. 2011-08, passed 9-6-11)

Within districts established by the Code, there may exist lots, structures, and use of land or structures which were lawful prior to the adoption of this Code or amendment, but which would be prohibited, regulated, or restricted under the terms established herein. It is the intent of this Code to permit such legal nonconformities to continue until they are removed by economic or other forces, but not to encourage their survival or replacement due to their inconsistency with the provisions established herein. It is further the intent of this Code eventually to require all uses of land or structures to conform to this Code.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(A)

In any district in which residential dwellings are permitted, a lot which is nonconforming in terms of the minimum requirements for lot area or lot width, or both, may be constructed upon with a residential dwelling provided:

(1)

The lot was a lot of record on the effective date of this Code.

(2)

The lot was not created in violation of a previous zoning ordinance.

(3)

The lot was in single ownership on the effective date of this Code and is not a part of a series of vacant lots or parcels sharing continuous street frontage under unified ownership.

(B)

If at any time the owner of such nonconforming lot owns adjoining unimproved land, then the lots or land shall be combined to meet the minimum requirements of this Code.

(C)

Nonconforming lots of record shall not be further reduced by area or width.

(D)

The other dimensional regulations of the district in which the lot is located, including but not limited to maximum residential density, minimum yards, and maximum lot coverage shall apply.

(E)

Prior to the issuance of a building permit for a nonconforming lot, a nonconforming lot of record opinion shall be obtained from the Planning and Zoning Director.

(F)

The Board of Adjustments may consider variances to the requirements of this Section in accordance with Section 215.02.5.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2012-09, passed 5-15-12)

(A)

No nonconforming structure may be enlarged or altered in any way which increases its nonconformity except by variance approval from the Board of Adjustment.

(B)

All additions to nonconforming structures shall meet the dimensional regulations of the district in which it is located at the time of the expansion.

(C)

If a nonconforming structure is damaged by fire, natural elements, or force beyond control of the owner, to an amount greater than 50 percent of its appraised valuation for tax purposes on the day immediately preceding such loss, said structure shall only be rebuilt to conform to the regulations of this Code and the City's Building Code.

(D)

If a nonconforming structure is moved for any reason any distance, it shall thereafter conform to the regulations of this Code.

(E)

However, the provisions of this section, but only as such regulate nonconforming setback requirements, shall not be applicable to any preexisting nonconforming structure which has incurred damage from a declared state of emergency caused by a natural disaster. The current or future owners of any such structure may replace or rebuild such structure at the location which such structure has established prior thereto. In all other respects, such regulations imposed by Section 24 shall remain in effect.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-11, passed 5-18-93; Am. Ord. 93-33, passed 10-19-93)

(A)

No nonconforming use of land or of a structure may be enlarged, intensified, changed, increased, or extended to occupy a greater area of land or of gross floor area than that use occupied on the effective date of this Code.

(B)

If the nonconforming use of a structure or land ceases for any reason, except where governmental action impedes access to the site, for a period of more than six months or for any intermittent period amounting to six months in any one year, use of the structure or land shall conform to the regulations of this Code.

(C)

There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in nature or character of such nonconforming use.

(D)

If the nonconforming use of land or of a structure is replaced by a conforming use of land or of a structure, a nonconforming use shall not thereafter be re-established on the same site.

(E)

If the nonconforming use of a structure is damaged by fire, natural elements, or force beyond the control of the owner, to an amount greater than 50 percent of its appraised valuation for tax purposes on the day immediately preceding such loss, the nonconforming use may be resumed, provided that the structure must be built or rebuilt to conform to the current provisions of this Code and all other applicable codes, ordinances, laws and regulations.

(F)

The casual, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2005-22, passed 11-15-05)

(A)

Normal maintenance and incidental repair of a lawful nonconformity shall be permitted, provided that such maintenance and repair does not violate any other provision of this Code or the City's building codes.

(B)

The burden of establishing that a nonconformity is lawful shall be upon the property owner.

(C)

Nonconforming structures of significant cultural or historic value may be rebuilt to their original condition if destroyed, notwithstanding the other restrictions of this section, provided the restoration is done to recreate the historical context of the original structure. Structures of significant cultural or historic value shall be either:

(1)

Listed on the Florida Master Site File.

(2)

Listed on the National Register of Historic Places.

(3)

Contributing structures located in a National Register Historic District.

(4)

Contributing structures located in a Local Historic District.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

Characteristics of use, such as density, off-street parking and loading, landscaping, drainage, signs and other development regulations may be legally nonconforming in terms of this Code. Generally, the provisions governing specific characteristics of use and their expansion are found elsewhere in this Code.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

Editor's note— Ord. No. 2018-03, § 2, adopted February 6, 2018, repealed § 24.07, which pertained to prohibition on location of medical cannabis dispensaries and derived from Ord. No. 2017-10, passed 4-18-17.

Community Assembly means the following within Sections 25 and 26 below: an establishment providing a place for persons to gather together for a common purpose in a meeting, recreational, religious or social facility.

(Am. Ord. 2009-03, passed 8-18-09)

(A)

The A District is established to identify areas where predominantly rural and agricultural activities are normally conducted, to conserve agricultural lands and promote agricultural activity and related uses, to conserve open space and promote noncommercial recreational activities, and to protect areas from premature urban development due to the areas' rural character or a lack of available public facilities.

(B)

Permitted Uses

(1)

Agriculture

(2)

Emergency Service Facilities

(3)

Single Family Detached Dwellings

(4)

Public Parks and Recreation Facilities

(C)

Conditional Uses

(1)

Community Assembly

(2)

Communication Towers

(3)

Community Residential Homes

(4)

Excavation

(5)

Family Care Homes

(6)

Golf Course

(7)

Home Occupations (Pursuant to Sections 51.00 through 51.03 of this Code)

(8)

Kennels

(9)

Light Utility Service

(10)

Schools of General Education

(11)

Schools of Special Education

(12)

Veterinary Clinics

(D)

Dimensional Regulations

(1)

Maximum Density = 1.4 dwelling units per acre

(2)

Minimum Lot Area = 30,000 square feet

(3)

Minimum Lot Width = 200 feet

(4)

Maximum Height = 35 feet

(5)

Minimum Yards:

(a)

Front = 30 feet

(b)

Side = 20 feet

(c)

Side Street = 25 feet

(d)

Rear = 50 feet

(E)

Public/Semi-Public, Ancillary Non-Residential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(F)

Intensity Standards: Non-Residential use shall not exceed a Floor Area Ratio (FAR) of .30, nor an Impervious Surface Ratio (ISR) of .60.

(G)

Residential Equivalent Use: Shall not exceed an equivalent of three beds per permitted dwelling unit at 1.4 dwelling units per acre.

(H)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11)

(A)

The single family residential districts are established to provide for detached dwellings in a variety of districts with a full range of dimensional and density standards compatible with the established development of the area.

(B)

Permitted Uses

(1)

Community Assembly

(2)

Community Gardens

(3)

Emergency Service Facilities

(4)

Family Care Homes (Not within 1,000 feet of a pre-existing Family Care Home)

(5)

Public Parks and Recreation Facilities

(6)

Schools of General Education

(7)

Sewage Treatment Plants

(8)

Single Family Detached Dwellings

(C)

Conditional Uses

(1)

Agriculture (Limited to the Residential Rural, Residential Estate, Residential Suburban, Residential Low, and Residential Urban Future Land Use Map Designations)

(2)

Community Residential Homes

(3)

Congregate Care Facilities up to 20 residents (R-70A only)

(4)

Day Care Centers

(5)

Day Care Homes

(6)

Family Care Homes (Within 1,000 feet of a pre-existing Family Care Home)

(7)

Government Offices and Related Facilities

(8)

Home occupations (Pursuant to §§ 51.00 through 51.03 of this Code)

(9)

Light Utility Service

(10)

Nursing Homes

(11)

Schools of Special Education

(D)

R-100 District Dimensional Regulations

(1)

Maximum Density = Four dwelling units per acre

(2)

Minimum Lot Area = 10,000 square feet

(3)

Minimum Lot Width = 75 feet

(4)

Minimum Lot Depth = 100 feet

(5)

Maximum Height = 35 feet

(6)

Minimum Yards:

(a)

Front = 25 feet

(b)

Side = A minimum of ten feet with a total of 25 feet for both side yards

(c)

Side Street = 15 feet

(d)

Rear = 30 feet

(7)

Minimum Net Floor Area = 1,200 square feet

(E)

R-100A District Dimensional Regulations

(1)

Maximum Density = Five dwelling units per acre

(2)

Minimum Lot Area = 7,000 square feet

(3)

Minimum Lot Width = 60 feet

(4)

Minimum Lot Depth = 100 feet

(5)

Maximum Height = 35 feet

(6)

Minimum Yards:

(a)

Front = 25 feet

(b)

Side = Ten feet

(c)

Side Street = Ten feet

(d)

Rear = 25 feet

(7)

Minimum Net Floor Area = 1200 square feet

(F)

R-70A District Dimensional Regulations

(1)

Maximum Density = Six dwelling units per acre

(2)

Minimum Lot Area = 6,500 square feet

(3)

Minimum Lot Width = 60 feet

(4)

Minimum Lot Depth = 80 feet

(5)

Maximum Height = 35 feet

(6)

Minimum Yards:

(a)

Front = 25 feet

(b)

Side = Seven and one-half feet

(c)

Side Street = 15 feet

(d)

Rear = 20 feet

(7)

Minimum Net Floor Area = 1,000 square feet

(G)

Public/Semi-Public, Ancillary Non-Residential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(H)

Intensity Standards: Non-Residential use shall not exceed a Floor Area Ratio (FAR) of .40, nor an Impervious Surface Ratio (ISR) of .65.

(I)

Residential Equivalent Use Standards: Shall not exceed an equivalent of three beds per permitted dwelling units per acre (DUPA) at four DUPA in (R-100), five in DUPA (R100A), six in DUPA (R-70).

(J)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(Ord. 90-10, passed 5-1-90; Am. Ord. 91-14, passed 5-7-91; Am. Ord. 92-28, passed 12-1-92; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 94-18, passed 5-17-94; Am. Ord. 96-07, passed 5-7-96; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11)

(A)

The R-60 neighborhood conservation district is created to promote the stability and redevelopment of established neighborhoods consisting primarily of platted subdivisions. The existing street and circulation system should be preserved to promote interaction among residents and with community institutions.

(B)

The R-70 one and two family residential district is established to provide for a mixture of one and two family dwellings at a medium density where the mixture is determined to be compatible with development trends in the area.

(C)

Permitted Uses

(1)

Community Assembly

(2)

Emergency Service Facilities

(3)

Family Care Homes (Not within 1,000 feet of a pre-existing Family Care Home)

(4)

Public Parks and Recreation Facilities

(5)

Schools of General Education

(6)

Single Family Detached Dwellings

(7)

Two Family Dwellings, Single Family Semi-Detached (R-60 only)

(D)

Conditional Uses

(1)

Community Residential Homes

(2)

Congregate Care Facilities up to 20 residents

(3)

Day Care Centers

(4)

Day Care Homes

(5)

Family Care Homes (Within 1,000 feet of a pre-existing Family Care Home)

(6)

Home Occupations (Pursuant to Sections 51.00 through 51.03 of this Code)

(7)

Light Utility Service

(8)

Schools of Special Education

(9)

Two Family Dwellings, Single Family Semi-Detached (R-70 only)

(E)

R-60 Dimensional Regulations

(1)

Minimum Lot Area:

(a)

Single Family Detached Dwellings and Family Care Homes = 6,000 square feet. Notwithstanding this minimum and the provision of Section 24.02 of this Code, any lot which, on the effective date of this district, was specifically delineated on a plat of record and contains at least 5,000 square feet of land area may be utilized for the construction of a single family detached dwelling.

(b)

Two Family Dwellings, Congregate Care Facilities, and Community Residential Homes = 9,000 square feet

(c)

All Other Uses = 12,000 square feet

(2)

Minimum Lot Width:

(a)

Single Family Detached = 40 feet

(b)

Two Family Dwellings = 60 feet

(c)

All Other Uses = 88 feet

(3)

Maximum Height = 30 feet

(4)

Minimum Yards:

(a)

Single Family Detached:

(i)

Front, to garage = 25 feet

Front, to living area = 20 feet

(ii)

Side, interior = Five feet

Side, street = Seven and one-half feet

(iii)

Rear, to house = 20 feet

(b)

Two Family Dwellings:

(i)

Front, to garage = 25 feet

Front, to living area = 20 feet

(ii)

Side, interior = Seven and one-half feet

Side, street = Ten feet

(iii)

Rear, to house = 25 feet

(c)

All Other Uses:

(i)

Front = 35 feet

(ii)

Side = 15 feet

(iii)

Rear = 25 feet

(F)

R-70 Dimensional Regulations

(1)

Maximum Density = Six dwelling units per acre

(2)

Minimum Lot Area:

(a)

Single Family Detached Dwellings = 7,000 square feet

(b)

Two Family Dwellings = 10,000 square feet

(3)

Minimum Lot Width = 60 feet

(4)

Minimum Lot Depth = 80 feet

(5)

Maximum Height = 35 feet

(6)

Minimum Yards:

(a)

Front = 25 feet

(b)

Side = Seven and one-half feet

(c)

Side Street = 15 feet

(d)

Rear = 20 feet

(7)

Minimum Net Floor Area:

(a)

Single Family Detached Dwellings = 1,000 square feet

(b)

Two Family Dwellings = 600 square feet

(G)

Single Family Semi-Detached Units:

(1)

May be allowed under the same conditions as Two Family Dwellings in the R-60 and R-70 zoning districts.

(2)

Must meet the same setback dimensions as required for Two Family Dwellings.

(3)

Lot area for each lot must equal ½ the area required for a Two Family Dwelling.

(4)

Lot width for each lot must equal ½ the required lot width for a Two Family Dwelling.

(5)

A Single Family Semi-Detached unit may not be utilized as a duplex or Two Family Dwelling.

(H)

Public/Semi-Public, Ancillary Non-Residential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(I)

Non-Residential Uses: Shall not exceed a Floor Area Ratio (FAR) of .40, nor an Impervious Surface Ratio (ISR) of .65.

(J)

Residential Equivalent Uses: Shall not exceed an equivalent of three beds per permitted dwelling unit at six dwelling units per acre.

(K)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(Ord. 90-10, passed 5-1-90; Am. Ord. 91-14, passed 5-7-91; Am. Ord. 92-28, passed 12-1-92; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-07, passed 5-7-96; Am. Ord. 97-38, passed 11-18-97; Am. Ord. 2000-21, passed 6-20-00; Am. Ord. 2003-31, passed 9-30-03; Am. Ord. 2005-10, passed 6-21-05; Am. Ord. 2009-03, passed 8-18-09)

(A)

The conditional residential mix district is established to provide for a mix of residential uses where a conditional use review for compatibility with existing development trends is necessary to analyze the potential for adverse impacts in accordance with established criteria.

(B)

Permitted Uses

(1)

Community Assembly

(2)

Emergency Service Facilities

(3)

Family Care Homes (not within 1,000 feet of a pre-existing Family Care Home)

(4)

Public Parks and Recreation Facilities

(5)

Single Family Detached Dwellings

(C)

Conditional Uses

(1)

Boarding Homes

(2)

Community Assembly

(3)

Community Residential Homes

(4)

Congregate Care Facilities

(5)

Day Care Centers

(6)

Day Care Homes

(7)

Emergency Shelters, Residential Treatment Facilities, and Recovery Homes

(8)

Family Care Homes (Within 1,000 feet of a pre-existing Family Care Home)

(9)

Home Occupations (Pursuant to Sections 51.00 through 51.03 of this Code)

(10)

Libraries, Museums, Galleries, Cultural Centers and similar uses

(11)

Light Utility Service

(12)

Lodging Facilities

(13)

Multifamily Dwellings

(14)

Private Clubs

(15)

Schools of General Education

(16)

Schools of Special Education

(17)

Single Family Attached Dwellings

(18)

Single Family Semi-Detached Dwellings

(19)

Two Family Dwellings

(20)

Community Gardens

(D)

Dimensional Regulations

(1)

Maximum Density = As designated by the Official Zoning Atlas and as limited by the parcel's designation on the City's Future Land Use Map Series.

(2)

Minimum Lot Area:

(a)

Single Family Detached Dwellings = 7,000 square feet

(b)

Single Family Attached Dwellings = 2,000 square feet

(c)

Single Family Semi-Detached Dwellings = 2,000 square feet

(d)

Two Family Dwellings = 10,000 square feet

(e)

Multifamily = 10,000 square feet

(3)

Minimum Lot Width:

(a)

Single Family Detached Dwellings = 60 feet

(b)

Single Family Attached Dwellings = 20 feet

(c)

Single Family Semi-Detached Dwellings = 20 feet

(d)

Two Family Dwellings = 80 feet

(e)

Multifamily Dwellings = 80 feet

(4)

Minimum Lot Depth:

(a)

Single Family Detached Dwellings = 80 feet

(b)

Single-Family Attached Dwellings = 100 feet

(c)

Single Family Semi-Detached Dwellings = 100 feet

(d)

Two Family Dwellings = 90 feet

(e)

Multifamily Dwellings = 90 feet

(5)

Maximum Height:

(a)

Multifamily and Nonresidential = 45 feet

(b)

Single Family and Two Family = 35 feet

(6)

Minimum Yards:

(a)

Single Family Detached Dwellings and Two Family Dwellings as provided by the R-70 District

(b)

Single Family Attached Dwellings:

1.

Front = 20 feet facing a public right-of-way; 15 feet facing a common drive, courtyard or private parking area

2.

Side = Seven and one-half feet

3.

Side Street = Seven and one-half feet

4.

Rear = 15 feet

(c)

Single Family Semi-Detached Dwellings:

1.

Front = 20 feet facing a public right-of-way; 15 feet facing a common drive, courtyard or private parking area

2.

Side = Seven and one-half feet

3.

Side Street = Seven and one-half feet

4.

Rear = 15 feet

(d)

Multifamily:

1.

Front = 25 feet

2.

Side = 20 feet

3.

Side Street = 20 feet

4.

Rear = 20 feet

5.

Minimum distance between buildings:

a.

Side facing side = 15 feet

b.

Front/rear facing side = 20 feet

c.

Front/rear facing front/rear = 25 feet

d.

An additional five feet is required for each story over two on the tallest building.

(7)

Minimum Net Floor Area:

(a)

Single Family Detached Dwellings = 1,000 square feet

(b)

Single Family Attached Dwellings = 900 square feet

(c)

Single Family Semi-Detached Dwellings = 1,000 square feet

(d)

Two family and Multifamily Dwellings = 600 square feet

(E)

Supplementary Regulations for Lodging Facilities.

(1)

The use shall only be allowed in residential structures that are listed on the Florida Master Site File, the National Register of Historic Places, or a contributing structure located in a National Register or local historic district.

(2)

The renovation or restoration shall preserve the historical context of the original structure and shall contribute significantly to the character and economic revitalization of the neighborhood.

(3)

The individual rooms that are rented shall not contain cooking facilities.

(F)

Public/Semi-Public, Ancillary Non-Residential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(G)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(H)

Residential Equivalent Use: Shall not exceed an equivalent of three beds per the maximum permitted dwelling units per acre as set forth in the comprehensive plan and future land use map series.

(Ord. 90-10, passed 5-1-90; Am. Ord. 91-14, passed 5-7-91; Am. Ord. 92-28, passed 12-1-92; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-07, passed 5-7-96; Am. Ord. 2003-31, passed 9-30-03; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2016-10, passed 8-16-16)

(A)

The Residential Multifamily District is established to provide for multifamily dwellings at a mix of densities, limited by the parcel's designation on the City's Future Land Use Map Series, and allow for other uses generally compatible with the character and intensity of multifamily dwellings.

(B)

Permitted Uses

(1)

Community Assembly

(2)

Emergency Service Facilities

(3)

Family Care Homes (Not within 1,000 feet of a pre-existing Family Care Home)

(4)

Multifamily Dwellings

(5)

Single Family Attached Dwellings

(6)

Single Family Detached Dwellings

(7)

Single Family Semi-Detached Dwellings

(8)

Two Family Dwellings

(C)

Conditional Uses

(1)

Boarding Homes

(2)

Community Residential Homes

(3)

Congregate Care Facilities

(4)

Day Care Centers

(5)

Day Care Homes

(6)

Emergency Shelters, Residential Treatment Facilities, and Recovery Homes

(7)

Family Care Homes (Within 1,000 feet of a pre-existing Family Care Home)

(8)

Home Occupations (Pursuant to Sections 51.00 through 51.03 of this Code)

(9)

Hospitals

(10)

Libraries, Museums, Galleries, Cultural Centers and similar uses

(11)

Light Utility Service

(12)

Lodging Facilities

(13)

Nursing Homes

(14)

Private Clubs including Yacht Clubs

(15)

Schools of General Education

(16)

Schools of Special Education

(17)

Tourist Home

(D)

Dimensional Regulations

(1)

As provided for by the CRM District, or;

(2)

Alternative Dimensional Criteria Review

Residential projects located within the RM Zoning District may request an alternative dimensional plan whereby the zoning dimensional criteria set out in Section 25.04 (D) (excluding height and minimum net floor area) may be modified to accommodate unique projects that do not conform to the traditional zoning dimensional criteria or those developments located within unusual or difficult project sites.

The alternative dimensional plan shall require a Conditional Use review for compatibility, in addition to any other site plan review process required by this Code. When uses under this Code Section are evaluated for compatibility such factors as scale, mass, intensity, location, size, height, style and aesthetics shall be taken into account. This list of factors to be considered is not exclusive and the reviewing body may consider other relevant factors in making a compatibility determination. The use, in order to be compatible, shall be found to preserve the character of the adjacent neighborhoods and/or community.

(E)

Supplementary Dimensional Regulations

(1)

A minimum 100 foot setback is required for all yards adjoining the Gulf of Mexico shoreline. The setback shall be measured from the mean high tide.

(F)

Supplementary Regulations of Lodging Facilities

(1)

As provided for by the CRM District

(G)

Public/Semi-Public, Ancillary Non-Residential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(H)

Residential Equivalent Use: Shall not exceed an equivalent of three beds per the maximum permitted dwelling units per acre as set forth in the comprehensive plan and future land use map series.

(Ord. 90-10, passed 5-1-90; Am. Ord. 91-14, passed 5-7-91; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-07, passed 5-7-96; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2009-13, passed 10-20-09)

(A)

The MHP District is established to provide areas for mobile home dwellings located in mobile home parks and mobile home subdivisions.

(B)

Permitted Uses

(1)

Emergency Service Facilities

(2)

Mobile Home Parks

(3)

Mobile Home Subdivisions

(C)

Conditional Uses

(1)

Community Assembly

(2)

Golf Courses

(3)

Home Occupations (Pursuant to §§ 51.00 through 51.03 of this Code)

(4)

Light Utility Service

(5)

Recreational Vehicle Parks (Pursuant to § 25.07 of this Code and requiring an amendment to the Future Land Use Map to Residential Facilities Overlay)

(6)

Schools of General Education

(7)

Schools of Special Education

(D)

Dimensional Regulations

(1)

Maximum Density = Seven dwelling units per acre

(2)

Minimum Project Size = 15 acres

(3)

Minimum Lot Area = 4,000 square feet

(4)

Minimum Lot Width = 50 feet

(5)

Minimum Lot Depth = 80 feet

(6)

Maximum Height = 35 feet

(7)

Minimum Yards:

(a)

Front = 15 feet

(b)

Side = Five feet

(c)

Side Street = Ten feet

(d)

Rear = Seven and one-half feet

(8)

Minimum Net Floor Area = 600 square feet

(E)

Minimum Perimeter Buffers

(1)

Mobile home parks and mobile home subdivisions shall be surrounded by a minimum landscaped buffer strip of 35 feet along all adjoining public rights-of-way and residential districts other than MHP or TP, and 15 feet along all remaining boundaries.

(2)

Buffers shall be landscaped in accordance with the screening requirements of §§ 134.00 through 134.08 of this Code, shall be maintained in accordance with the landscaping requirements of this Code, and shall otherwise be unoccupied except for permitted utility facilities, signs, entrance ornamentation or permitted screening material.

(F)

Permitted Accessory Uses

(1)

Permitted accessory uses in mobile home parks and mobile home subdivisions shall include the following:

(a)

A single family residence or mobile home for a park manager or caretaker

(b)

Enclosed storage facilities and outdoor storage yards for the recreational vehicles of park residents screened in accordance with § 57.00 of this Code

(c)

Park offices, maintenance facilities, and laundry facilities

(d)

Private recreation facilities

(G)

Recreation Areas

(1)

Not less than ten percent of the gross site area shall be devoted to a combination of recreation facilities and area. Recreation facilities shall be defined as community centers, shuffleboard courts, play areas, swimming pools and other active facilities. The recreation area shall not be deemed to include required buffers.

(H)

Required Improvements

(1)

The development standards of this Code shall be complied with.

(2)

Each mobile home site shall be connected to potable water and sanitary sewer.

(3)

Each mobile home shall be placed on a foundation or tied down in accordance with the City's building codes.

(4)

Park management shall be responsible for providing internal refuse collection. Centralized park collection points shall be constructed in accordance with the requirements of §§ 139.00 through 139.04 of this Code unless individual can collection is permitted.

(5)

Street lighting in accordance with the requirements of § 163.11 of this Code shall be required.

(6)

The construction of sidewalks along all adjoining streets shall be required unless a centralized and strategically placed common walk system which is convenient to all development areas is approved at the time of Site Plan Review.

(I)

Existing Mobile Home Parks

(1)

Nothing contained in this section shall prohibit mobile home parks or mobile home subdivisions which existed on the effective date of this Code from continuing to operate.

(2)

Any expansion of an existing mobile home park or of a mobile home subdivision which did not have a valid site plan approval on the effective date of this Code shall comply with the requirements of this Code.

(3)

The replacement of any mobile homes in an existing mobile home park or subdivision shall comply with the minimum standards of the Pinellas County Health Department, and the minimum installation requirements of the City's building codes.

(J)

Public/Semi-Public, Ancillary Nonresidential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(K)

Intensity Standards: Nonresidential uses shall not exceed a Floor Area Ratio (FAR) of .40, nor and Impervious Surface Ratio (ISR) of .65.

(L)

The permitted uses, densities, and intensity standards in this District shall be limited by the parcel's designation on the Future Land Use Map Series.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2009-03, passed 8-18-09)

(A)

The RV District is established to provide for recreational vehicle parks and campgrounds intended for overnight and temporary occupancy on a transient or seasonal basis. RV Parks are not permitted within Residential Future Land Use Map plan categories unless a Resort Facilities Overlay is in place. A proposed RV park located in a residential plan category shall require a Future Land Use Map Series amendment to an appropriate category prior to approval.

(B)

Permitted Uses

(1)

Campgrounds

(2)

Emergency Service Facilities

(3)

Recreational Vehicle Parks

(C)

Conditional Uses

(1)

Community Assembly

(2)

Golf Courses

(3)

Light Utility Service

(4)

Schools of General Education

(5)

Schools of Special Education

(D)

Dimensional Regulations

(1)

Maximum Density = In accordance with underlying Future Land Use Map designation

(2)

Minimum Project Size = five acres

(3)

Minimum Lot Area:

(a)

Recreational Vehicle Sites = 2,500 square feet

(b)

Designated Campsites = 1,200 square feet

(E)

Minimum Perimeter Buffers

(1)

Recreational vehicle parks and campgrounds shall be surrounded by a minimum landscaped buffer strip of 35 feet along all adjoining public rights-of-way and residential districts other than RV or MHP, and 15 feet along all remaining boundaries.

(2)

Buffers shall be landscaped in accordance with the screening requirements of §§ 134.00 through 134.08 of this Code, maintained in accordance with the landscaping requirements of this Code, and shall otherwise be unoccupied except for permitted utility facilities, signs, entrance ornamentation or permitted screening material.

(F)

Permitted Accessory Uses

(1)

Permitted accessory uses in recreational vehicle parks and campgrounds shall include the following:

(1)

A single family residence for a park manager or caretaker

(2)

Enclosed storage units/garages/coach houses for the exclusive use of owners/renters.

(3)

Park offices, maintenance facilities, and laundry facilities

(4)

Private Recreation Facilities

(5)

Ancillary retail and food service establishments (not open to the general public)

(G)

Recreation Areas

(1)

Not less than eight percent of the gross site area shall be devoted to a combination of recreation facilities and area. Recreation facilities shall be defined as community centers, shuffleboard courts, play areas, swimming pools and other active facilities. The recreation area shall not be deemed to include required buffers.

(H)

Required Improvements

(1)

The development standards of this Code shall be complied with.

(2)

Each recreational vehicle site shall be connected to potable water and sanitary sewer.

(3)

Each campground shall be provided with sanitary facilities in accordance with the requirements of the Pinellas County Health Department.

(4)

All campground sites shall be designated on the approved site plan.

(5)

Each recreational vehicle site shall contain a stabilized vehicular parking pad composed of shell, marl, paving or other suitable material. The removal of wheels and placement of the recreational vehicle on a foundation is prohibited. Attachments to recreational vehicles shall be limited to those pop-out structures and awnings integral to the RV as originally manufactured.

(6)

The internal street network shall be private, and shall be designed and constructed as a drive aisle in accordance with the requirements of § 127.03 of this Code.

(7)

Park management shall be responsible for providing internal refuse collection. Centralized park collection points shall be constructed in accordance with the requirements of §§ 139.00 through 139.04 of this Code.

(I)

Existing Recreational Vehicle Parks

(1)

Nothing contained in this section shall prohibit recreational vehicle parks which existed on the effective date of this Code from continuing to operate.

(2)

Any expansion of an existing recreational vehicle park shall comply with the requirements of this Code.

(J)

The permitted uses, densities, and intensity standards in this District shall be limited by the parcel's designation on the future land use map.

(K)

Public/Semi-Public, Ancillary Nonresidential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2010-20, passed 7-20-10)

Editor's note— Ord. No. 2010-20, § 2, passed July 20, 2010, changed the title of § 25.07 from "TP Trailer Park District" to "Recreational Vehicle Park District (RV)."

(A)

The RO District is established to provide for areas where it would be compatible for residential uses to mix with professional, business and nonprofit organization offices.

(B)

Permitted Uses

(1)

Business and Professional Offices

(2)

Emergency Service Facilities

(3)

Financial Institutions

(4)

Personal services excluding coin laundries, dry cleaners and tattoo/body piercing. Such personal service use shall not exceed one thousand (1,000) square feet of floor area.

(5)

Multifamily Dwellings

(6)

Single Family Attached Dwellings

(7)

Single Family Detached Dwellings

(8)

Single Family Semi-Detached Dwellings

(9)

Two Family Dwellings

(C)

Conditional Uses

(1)

Assembly Halls and Convention Centers

(2)

Boarding Homes

(3)

Community Assembly

(4)

Community Residential Homes

(5)

Congregate Care Facilities

(6)

Day Care Centers

(7)

Day Care Homes

(8)

Emergency Shelters, Residential Treatment Facilities, and Recovery Homes

(9)

Family Care Homes

(10)

Funeral Homes and Mortuaries

(11)

Home Occupations (Pursuant to Sections 51.00 through 51.03 of this Code)

(12)

Hospitals

(13)

Libraries, Museums, Galleries, Cultural Centers and similar uses

(14)

Light Utility Service

(15)

Lodging Facilities

(16)

Nursing Homes

(17)

Other Community Service Uses Not Specifically Listed

(18)

Post Offices

(19)

Private Clubs

(20)

Schools of General Education

(21)

Schools of Special Education

(22)

Tourist Home

(D)

Dimensional Regulations

(1)

Residential dimensional regulations as provided for by the CRM District. Residential density shall be limited to the permitted density of the future land use map.

(2)

NonResidential Uses

(a)

Minimum Lot Area = 5,000 square feet

(b)

Minimum Lot Width = 50 feet

(c)

Minimum Lot Depth = 80 feet

(d)

Maximum Height = 35 feet

(e)

Minimum Yards:

1.

Front = 20 feet

2.

Side = Seven and one-half feet

3.

Side Street = 15 feet

4.

Rear = 20 feet

(f)

Maximum Nonresidential Floor Area Ratio = .25

(g)

Minimum Open Space = 20 percent

(h)

Maximum Impervious Surface Ratio = .75

(E)

Public/Semi-Public, Ancillary Non-Residential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(F)

Residential Equivalent Use: Shall not exceed an equivalent of three beds per permitted dwelling unit at seven dwelling units per acre.

(G)

Mixed Use: Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the total lot area.

(H)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 91-14, passed 5-7-91; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-07, passed 5-7-96; Am. Ord. 2000-02, passed 3-7-00; Am. Ord. 2009-03, passed 8-18-09)

(A)

The purpose of the Resort Residential Zoning District is to provide for a wide range of transient accommodation options in locations in close proximity to, or within areas recognized as tourist or downtown destinations. Accessory commercial uses are intended to be very limited and for the use of guests residing onsite. The purpose of these limitations is to reduce impacts associated with increased traffic and parking upon surrounding properties. More intensive commercial uses should be located in nearby or adjacent commercially zoned areas within a five minute walking distance. Resort residential projects shall be designed to integrate with surrounding properties and provide enhanced pedestrian access to nearby commercial and tourist areas. Application of the Resort Residential Zoning District shall require an appropriate Future Land Use (or Overlay) Map designation.

(B)

Permitted Uses

(1)

Bed & Breakfast Establishments (single family structures only; owner or manager occupied)

(2)

Tourist Homes (subject paragraph F below)

(3)

All Other Residential Uses allowed within the RM Zoning District

(4)

Hotels electing the alternate densities and intensities for temporary lodging standards, subject to a developer agreement.

(5)

Motels electing the alternate densities and intensities for temporary lodging standards, subject to a developer agreement.

(C)

Conditional Uses

(1)

Condo Hotels (subject to paragraph G below)

(2)

Hotels limited to the densities and intensities of the Future Land Use category.

(3)

Motels limited to the densities and intensities of the Future Land Use category.

(4)

Recreational Vehicle Parks & Subdivisions (subject to requirements and dimensional criteria established in the RV, Recreational Vehicle Zoning district and paragraph I below)

(5)

Timeshare and Fractional Ownership Establishments (subject to paragraph H below)

(D)

Conditional Accessory Uses (only allowed as accessory to Condo Hotels, Hotels, & Motels)

(1)

Retail Food/Eating establishments for onsite guests

(2)

Gift shops/sundries for onsite guests

(3)

Personal Services/Spa Facilities for onsite guests

(E)

Density and Intensity Standards

(1)

Residential uses (including Tourist Homes and Bed & Breakfast establishments) shall not exceed the density established by underlying Future Land Use Category. Such units to be located within the Coastal High Hazard Area shall not exceed 5 units per acre.

(2)

Transient Accommodations (all other uses) shall not exceed the underlying Future Land Use Category unless the alternate densities and intensities standards are elected.

(3)

Accessory uses shall not exceed a Floor Area Ratio of .05 or 1,500 square feet, whichever is more restrictive.

(4)

Impervious Surface Ratios shall not exceed the underlying Future Land Use Category.

(5)

Height limitations and setbacks shall be determined by compatibility review consistent with Section 25.09 (K) for either a conditional use or developer agreement.

(F)

Tourist Homes may be permitted in any single family detached, attached, duplex, or semi-detached unit. Such units may be occupied by the owner for any length of time. Tourist Homes shall not be subject to distance separation requirements or a minimum/maximum length of stay. New construction of residential units within the Resort Residential Zoning district shall comply with the dimensional criteria and all other development standards of the RM, Residential Medium Zoning District. Tourist homes shall have a minimum of one off-street parking space per bedroom.

(G)

Condo Hotels shall meet all of the requirements set out in Section 68.01 with the following exceptions:

(1)

Up to 50% of the units may be designated to be allowed for owner occupation for up to four months per calendar year. Anytime the units are not occupied by the owner they shall be available for daily, weekly, or monthly rentals. All remaining units (those not designated for up to four months owner occupancy) shall be limited to three weeks of occupancy per calendar year by the owner and shall otherwise be available for daily, weekly, or monthly rentals.

(H)

Timeshares and Fractional Ownership Properties shall meet the following requirements:

(1)

Contain a front desk and lobby, internally oriented and easily accessible to members of the public or an acceptable offsite management company/facility located within a 10 mile radius of the resort property;

(2)

Have the appropriate license for a hotel or motel and all such licenses must be kept up-to-date annually;

(3)

Have sufficient signage viewable by the general public advertising such structure as a hotel, motel or resort with units available for daily, weekly or monthly rentals;

(4)

Provide a central reservation system or agency for rental of all units; and

(5)

Upon request of the city, provide access to all rental records, tax receipts or any other documents necessary to verify conformance with the provisions established herein.

(I)

Recreational Vehicle Parks. Recreational Vehicle Parks shall conform to the RV Park zoning district with the following exceptions:

(1)

Up to ⅓ of the total RV sites may be utilized for the permanent installation of "park model" recreational vehicles. Such units shall not be used for permanent living units and shall be for transient/seasonal use only.

(2)

The minimum lot size for each RV site shall be at least 4000 square feet.

(3)

Campgrounds shall not be permitted.

(J)

Dimensional Regulations, not otherwise specified: Tourist Homes, Bed & Breakfast establishments and Residential Uses shall adhere to the dimensional requirements established in the RM/CRM zoning districts appropriate for the particular type/style of structure. For example, a tourist home that is built to appear as a single family residence must meet the setbacks and dimensional criteria for a single family house in the RM/CRM zoning districts.

(K)

Compatibility Regulations: All uses shall be designed to appropriately buffer adjoining uses based upon the characteristics of each project and site characteristics of adjoining uses. Projects shall be designed to ensure compatibility with surrounding uses taking into account such factors as scale, mass, intensity, location, size, height, style, parking impacts, and aesthetics. This list of factors to be considered is not exclusive and the reviewing body may consider other relevant factors in making a compatibility determination. The use in order to be compatible shall be found to preserve the character of the adjacent neighborhoods.

(Ord. 2010-20, passed 7-20-10; Am. Ord. 2017-04, passed 5-2-17)

Editor's note— Prior to the reenactment of § 25.09 by Ord. No. 2010-20, Ord. No. 99-20, § 2, passed 8-17-99, repealed § 25.09 in its entirety. Formerly, such section pertained to the CS Commercial Service District and derived from Ord. No. 90-10, passed 5-1-90; Ord. No. 90-35, passed 9-18-90; Ord. No. 93-31, passed 11-16-93; and Ord. No. 93-33, passed 10-19-93.

(A)

The NB District is established to provide for areas where convenience shopping and personal services are oriented toward a surrounding neighborhood market.

(B)

Permitted Uses

(1)

Business and Professional Offices

(2)

Community Service Uses

(3)

Eating Establishments, Sit Down and Taverns

(4)

Emergency Service Facilities

(5)

Financial Institutions

(6)

Personal Service Establishments

(7)

Residential over ground-floor commercial/office

(8)

Retail Food Establishments

(9)

Retail Sales Establishments

(10)

Shopping Centers

(11)

Veterinary Clinics provided that no boarding facilities may be allowed except as may be required for the short term treatment of sick or injured animals and when completely enclosed within a building

(C)

Conditional Uses

(1)

Car Washes, subject to conditions set out in Paragraph J, below

(2)

Community Assembly

(3)

Commercial Recreation Facilities

(4)

Community Residential Homes

(5)

Day Care Centers

(6)

Eating Establishments, Fast Food

(7)

Emergency Shelters, Residential Treatment Facilities, and Recovery Homes

(8)

Family Care Homes

(9)

Funeral Homes or Mortuaries

(10)

Light Printing Establishment

(11)

Light Utility Service

(12)

Private Clubs

(13)

Repair Service Establishment

(14)

Retail Nursery and Garden Supplies

(15)

Schools of Special Education

(16)

Self-Serve Gasoline Establishment

(17)

Single Family Detached Dwellings

(18)

Wholesale Trade provided the Future Land Use Map designation of the subject property allows wholesale trade as a primary use.

(D)

Dimensional Regulations

(1)

Single family detached dwellings as provided by the R-70 District. Density standard shall be limited by the parcel's designation on the City's Future Land Use Map Series.

(2)

All Other Uses

(a)

Minimum Lot Area = 5,000 square feet

(b)

Minimum Lot Width = 50 feet

(c)

Minimum Lot Depth = 80 feet

(d)

Maximum Height = 25 feet

(e)

Minimum Yards:

1.

Front = 10 feet

2.

Side = Zero; 10 feet when adjoining a residential district

3.

Side Street = 10 feet

4.

Rear = 15 feet; 20 feet when adjoining a residential district

(f)

Maximum Nonresidential Floor Area Ratio = .20

(g)

Minimum Open Space = 20%

(h)

Maximum Impervious Surface Ratio = .80

(E)

The design of neighborhood oriented commerce shall include provisions for bicycle and pedestrian access.

(F)

Public/Semi-Public Uses: Shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(G)

Residential Equivalent Use: Shall not exceed three beds per permitted dwelling unit at seven dwelling units per acre.

(H)

Mixed Use: Shall not exceed, in combination, the respective number of units per acre and Floor Area Ratio permitted, when allocated in their respective proportion to the total lot area.

(I)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(J)

Conditional Use Review Criteria for Car Washes

(1)

Car Washes in the Neighborhood Business District shall only be allowed as a mixed use project with at least one other permitted use in the NB District.

(2)

In addition to conditional use review criteria elsewhere in this code, the following conditions of approval are specifically required:

(a)

Blowers for drying autos shall not exceed the following standards:

1.

65 decibels, measured at the closest property line;

2.

The Board of Commissioners shall determine the hours of operation for any blowers.

(b)

An attendant must be onsite, or an approved alternative monitoring/security system provided.

(c)

The site shall be gated or otherwise secured when not in operation.

(d)

Hours of operation must be provided and approved.

(e)

A signage plan must be provided that clearly identifies the following minimum information:

1.

Hours of operation;

2.

Prohibition against the playing of amplified music;

3.

Prohibition against loitering.

(3)

All carwashes must install a sign that states; "NO DISCHARGE OF OIL AND/OR GREASE IS PERMITTED INTO THE WASTEWATER MANAGEMENT SYSTEM IN ACCORDANCE WITH CHAPTER 20, ARTICLE III OF THE CODE OF ORDINANCES".

(4)

For appropriate uses, carwashes must utilize reclaimed water when available.

(5)

Carwashes must install a water recycle/reuse system to ensure that these types of establishments operate in an efficient manner.

(K)

Compatibility factors such as scale, mass, intensity, location, size, height, style, aesthetics, and noise shall be taken into account. This list of factors to be considered is not exclusive and the reviewing body may consider other relevant factors in making a compatibility determination. The use in order to be compatible shall be found to preserve the character of the adjacent neighborhoods.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 91-44, passed 11-19-91; Am. Ord. 92-31, passed 12-15-92; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 95-03, passed 2-21-95; Am. Ord. 2008-20, passed 9-16-08; Am. Ord. 2009-03, passed 8-18-09)

(A)

The GB District is established to provide for the development of a centralized commercial area where specialty retail, restaurant, office and residential uses are readily available. This district is intended to encourage redevelopment of traditional shopping areas and promote cultural tourism within the National Register Historic District and Cultural Preservation District which function to serve the immediate residential neighborhoods and the community as a whole.

(B)

Permitted Uses

(1)

Art Galleries, Museums, Libraries (privately owned)

(2)

Auction Houses

(3)

Business and Professional Offices

(4)

Community Assembly

(5)

Commercial Recreation Facilities

(6)

Financial Institutions

(7)

Floral Designers and Florists

(8)

Hotels

(9)

Light Printing Establishments

(10)

Lodging Facilities (Bed and Breakfast)

(11)

Municipal Offices and Support Facilities

(12)

Personal Service Establishments

(13)

Repair Service Establishments

(14)

Restaurants (sit-down, no drive-through permitted)

(15)

Retail Food Establishments

(16)

Retail Sales Establishments

(17)

Schools of Special Education

(18)

Residences Over Ground Floor Commercial Uses

(19)

Shopping Centers

(20)

Sponge Packing Houses (within the Cultural and National Register Historic Preservation Districts)

(21)

Theatres, Indoor

(22)

Veterinary Clinics provided that no boarding facilities may be allowed except as may be required for the short term treatment of sick or injured animals and when completely enclosed within a building

(23)

Workshops for Artist, Sculptor, Photographer or Craftsperson

(24)

Vegetable and Produce Stands

(C)

Conditional Uses:

(1)

Bars & Taverns

(2)

Boarding Homes

(3)

Car Wash

(4)

Commercial Off-street Parking

(5)

Congregate Care Facilities

(6)

Construction Equipment Sales/Rental (Light)

(7)

Emergency Shelters, Residential Treatment Facilities, Recovery Homes

(8)

Heavy Printing

(9)

Light Utility Service

(10)

Motels

(11)

Multifamily Dwellings to a maximum density of 15 units per acre

(12)

On-premise consumption of alcoholic beverages

(13)

Outside Sales, Display, or Seating

(14)

Pawn Brokers

(15)

Private Clubs

(16)

Schools of General Education

(18)

Wineries

(18)

Single Family Attached

(19)

Single Family Semi-Detached

(20)

Single Family Detached

(21)

Two Family Dwellings

(22)

Vehicle Sales and Rentals, indoor showroom only, no outside displays of merchandise or storage of materials.

(D)

Prohibited Uses: Any uses not listed as permitted or conditional shall be deemed to be prohibited.

(E)

Dimensional Regulations:

(1)

Single Family Detached as provided by the R-60 District. All other residential uses as provided by the CRM District.

(2)

All Other Uses:

(a)

Maximum Height = 45 feet

(b)

Minimum Yards:

(1)

Front = zero

(2)

Side = zero; ten feet when adjoining a residential district

(3)

Side Street = zero, but located outside of visibility triangle

(4)

Rear = Ten feet.

(c)

Maximum Non Residential Floor Area Ratio = as provided by the Comprehensive Plan

(d)

Minimum Open Space = Ten percent

(e)

Maximum Impervious Surface Ratio = .90

(f)

Residential Equivalent Use: Shall not exceed 3.0 beds per permitted dwelling unit at the appropriate density in dwelling units per acre.

(g)

Public/Semi-Public Uses: Shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(h)

Mixed Use: Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the total lot area.

(i)

Transient Accommodation Use: Shall not exceed the densities permitted by the underlying land use designation on the Future Land Use Map.

(j)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(F)

Conditional Use Review Criteria:

(1)

In general, conditional uses in the GB District shall be evaluated for compatibility with surrounding uses and furthering the intent of the GB District.

(2)

Residential uses are intended to facilitate mixed use and live/work opportunities in urban areas. Large residential only developments shall be discouraged in tourist oriented development areas. These areas include, but are not limited to the Sponge Docks and CRA (Community Redevelopment Area).

(G)

Design Standards for Parking Lots: Off-street parking areas in the GB district which are also located within the City's Community Redevelopment Area (CRA) as depicted in Attachment "A" attached to Ordinance No. 2010-32 shall adhere to the following specific design standards:

1.

Alternative parking surfaces may be utilized throughout the district. All other applicable standards of the Land Development Code for the construction of parking lots shall be required.

2.

Actual parking to be provided shall not exceed 110 percent of the required parking after the provision of all applicable credits and reductions allowed elsewhere in this Code.

3.

Parking lots shall be masked from the street frontage by a streetscreen. Streetscreens shall be between 3.5 and 8 feet in height and constructed of a material matching the adjacent building facade. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. In addition, all streetscreens over 4 feet high should be 30 percent permeable or articulated. As an alternative, the Board of Commissioners may consider a "green" streetscreen consisting of dense hedges, ivy or similar plantings during the site plan review process.

4.

Alternatives to the requirements of § 127.03, Parking Lot Design and § 134.05, Parking Lot Landscaping may be considered by the Board of Commissioners during the site plan review process when an acceptable alternative can be demonstrated that achieves the intent of buffering and screening off-street parking.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-30, passed 9-4-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 91-44, passed 11-19-91; Am. Ord. 94-19, passed 5-17-94; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 94-42, passed 12-20-94; Am. Ord. 99-20, passed 8-17-99; Am. Ord. 2003-01, passed 2-18-03; Am. Ord. 2003-31, passed 9-30-03; Am. Ord. 2004-09, passed 5-4-04; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2010-32, passed 1-11-11)

(A)

The HB District is established to provide for predominantly retail shopping and highway oriented service areas outside the central business district.

(B)

Permitted Uses

(1)

Adult Entertainment Uses (Pursuant to Section 54.00 of this Code)

(2)

Bowling Alleys

(3)

Business and Professional Offices

(4)

Car Wash

(5)

Community Assembly

(6)

Commercial Recreation Facilities

(7)

Construction Equipment Sales/Rental (Light)

(8)

Eating Establishments, Fast Food

(9)

Eating Establishments, Sit Down and Taverns

(10)

Emergency Service Facilities

(11)

Financial Institutions

(12)

Hotels and Motels

(13)

Light Printing Establishments

(14)

Light Utility Service

(15)

Other Community Service Uses Not Specifically Listed

(16)

Personal Service Establishments

(17)

Post Offices

(18)

Repair Service Establishments

(19)

Retail Food Establishments

(20)

Retail Nurseries and Garden Supplies

(21)

Retail Sales Establishments

(22)

Schools of Special Education

(23)

Self-Service Gasoline Stations

(24)

Service Stations

(25)

Shopping Centers

(26)

Theaters, Indoor

(27)

Transportation Terminals

(28)

Vehicle Repair (Minor and Major)

(29)

Vehicle Sales and Rentals

(C)

Conditional Uses

(1)

Billiard Halls, Arcades and Game Rooms

(2)

Communication Towers

(3)

Congregate Care Facilities

(4)

Construction Material Establishment (All material shall be stored indoors)

(5)

Construction Service Establishments

(6)

Day Care Centers

(7)

Emergency Shelters, Residential Treatment Facilities, and Recovery Homes

(8)

Funeral Homes or Mortuaries

(9)

Heavy Utility Service

(10)

Landscape Service Establishment

(11)

Light Manufacturing

(12)

Miniwarehouse

(13)

Multifamily Dwellings

(14)

Overnight Boarding of Animals subject to Section 72.00

(15)

Private Clubs

(16)

Rental Service Establishment

(17)

Theaters, Drive-In

(18)

(Reserved)

(19)

Veterinary Clinics

(20)

Warehouses

(21)

Wholesale Trade

(D)

Dimensional Regulations

(1)

Multifamily dwellings as provided by the CRM District.

(2)

All Other Uses

(a)

Minimum Lot Area = 10,000 square feet

(b)

Minimum Lot Width = 80 feet

(c)

Minimum Lot Depth = 100 feet

(d)

Maximum Height:

1.

Hotels = 70 feet

2.

All other uses = 35 feet

(e)

Minimum Yards:

1.

Front = 30 feet

2.

Side = Ten feet

3.

Side Street = 15 feet

4.

Rear = 25 feet

(f)

Maximum Nonresidential Floor Area Ratio = .40

(g)

Minimum Open Space = 15 percent

(h)

Maximum Impervious Surface Ratio = .85

(i)

Maximum Residential Density = 15 dwelling units per acre.

(j)

Residential Equivalent Use: Shall not exceed three beds per permitted dwelling unit at 15 dwelling units per acre.

(k)

Mixed Use: Shall not exceed, in combination, the respective number of units per acre and Floor Ratio Area permitted, when allocated in their respective proportion to the total lot area.

(l)

Transient Accommodation Use: Shall not exceed 40 units per acre.

(m)

The permitted uses, densities, and intensity standards in this District shall be limited by the parcel's designation on the Future Land Use Map Series.

(n)

Outdoor Storage shall comply with Section 57.00.

(E)

Public/Semi-Public Uses: Shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment (Specifically applied to the uses listed under subsection (B)(5), (10), (14), (15), (17), (22), and (27) and other P/SP uses.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 91-44, passed 11-19-91; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 94-42, passed 12-20-93; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 2003-01, passed 2-18-03; Am. Ord. 2008-31, passed 1-27-09; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11; Am. Ord. 2012-13, passed 8-7-12; Am. Ord. 2017-10, passed 4-18-17; Am. Ord. 2018-03, passed 2-6-18; Am. Ord. 2019-14, passed 7-9-19)

(A)

The IB District is established to provide for areas of intense commercial activity involving major repair services, extensive outdoor storage, or the display of vehicles, heavy equipment or material, and to provide for light manufacturing where permitted by the Comprehensive Plan.

(B)

Permitted Uses

(1)

Business and Professional Offices

(2)

Community Service Uses

(3)

Construction Material Establishments

(4)

Construction Service Establishments

(5)

Emergency Service Facilities

(6)

Landscape Service Establishments

(7)

Light Printing Establishments

(8)

Light Utility Services

(9)

Mini-Warehouses

(10)

Personal Service Establishments

(11)

Rental Service Establishments

(12)

Repair Service Establishments

(13)

Retail Food Establishments

(14)

Retail Sales Establishments

(15)

Shopping Centers

(16)

Transportation Terminals

(17)

Vehicle Repairs (Minor)

(18)

Vehicle Sales and Rental Establishments

(19)

Warehouses

(20)

Wholesale Trades

(C)

Conditional Uses

(1)

Communication Towers

(2)

Eating Establishments, Fast Food

(3)

Eating Establishments, Sit Down and Taverns

(4)

Heavy Printing Establishments

(5)

Heavy Utility Service

(6)

Industrial Workshops and Services

(7)

Light Manufacturing

(8)

Motor Freight Terminals

(9)

Motor Pool Facility

(10)

Vehicle Repair (Major)

(D)

Dimensional Regulations

(1)

Minimum Lot Area = 5,000 square feet

(2)

Minimum Lot Width = 50 feet

(3)

Minimum Lot Depth = 80 feet

(4)

Maximum Height = 35 feet

(5)

Minimum Yards:

(a)

Front = Ten feet

(b)

Side = Ten feet

(c)

Side Street = Ten feet

(d)

Rear = Ten feet

(6)

Maximum Nonresidential Floor Area Ratio = .40

(7)

Minimum Open Space = 15 percent

(8)

Maximum Impervious Surface Ratio = .85

(9)

Industrial; Residential Use: An appropriate buffer shall be provided in and between the IB District and an adjoining Residential District.

(10)

Public/Semi-Public; Retail Commercial; Personal/Business Service; Commercial/Business Service Uses: Shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(11)

Outdoor Storage shall comply with Section 57.00.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 2011-08, passed 9-6-11)

(A)

The WDI District is established to provide for tourist oriented development adjacent to the Anclote River and Lake Tarpon waterfront, to provide for the economic viability of the Sponge Dock area, to provide for the redevelopment of those areas, and to provide for water dependent as well as water related activities.

(B)

Definitions. The definitions found in Article XIV of the Comprehensive Zoning and Land Development Code shall apply to Sections 25.14 through 25.15 below. The following additional definitions shall specifically apply to Section 25.14 through Section 25.15 of the Comprehensive Zoning and Land Development Code. Any word not thus defined shall be defined in accordance with its ordinary dictionary definition unless defined by customary use in the applicable profession if considered a term of art, in which case the customary definition shall apply:

(1)

Enfronting means to place and element along the property frontage line, as in "porches enfront the street."

(2)

Glazing(s) means any material or treatment affixed to a clear window or glass door in order to block light or visibility. Glazing shall include, but not be limited to, the use of architectural films.

(3)

Superior Alternative means that the alternative proposed will improve the utility, aesthetics, access to light and air, open space, safety or anything of similar benefit to the general public or residents of the site. The determination of what constitutes a Superior Alternative in any given case shall be a legislative determination within the sole discretion of the Board of Commissioners. This determination by the Board of Commissioners may not be appealed to the Board of Adjustment.

(C)

Permitted Uses.

(1)

Commercial Off Street Parking.

(2)

Eating Establishments, Sit Down and Taverns.

(3)

Emergency Service Facilities.

(4)

Hotels (Convention and/or Conference Facilities require conditional use review).

(5)

Outdoor cafe and restaurant seating, not on public right-of-way.

(6)

Outdoor markets, not on public right-of-way.

(7)

Residential over ground floor commercial.

(8)

Retail Food Establishments.

(9)

Retail Sales Establishments.

(10)

Wet-slip Marinas.

(D)

Conditional Uses.

(1)

Assembly Halls and Convention Centers.

(2)

Business and Professional Offices.

(3)

Boat Yards (Requires Industrial General-Water Front [IG-WF] Land Use category).

(4)

Community Assembly.

(5)

Commercial Recreation Facilities.

(6)

Community Service Uses.

(7)

Financial Institutions.

(8)

Libraries, Museums, Galleries, Cultural Centers and Similar Uses.

(9)

Lodging Facilities.

(10)

Off-Shore Tour Vessel (Pursuant to Section 67.00).

(11)

Personal Service Establishments.

(12)

Single Family Dwellings.

(13)

Tourist Homes (no distance separation requirements).

(14)

Shopping Centers.

(E)

Dimensional Regulations.

(1)

Single family dwellings as provided by the R-60 District.

(2)

All other uses:

(a)

Maximum height:

(1)

Hotels = 50′.

(2)

Parking structures = 40′.

(3)

All other uses = 3 stories, not to exceed 45′.

(b)

Minimum Yards:

(1)

Front = 0 feet minimum, 15 feet maximum.

(2)

Side = Zero; 10 feet when adjoining a residential district.

(3)

Side Street = 0 feet minimum, 15′ maximum.

(4)

Rear = Zero; 25 feet when adjoining a residential district.

(c)

Maximum Nonresidential Floor Area Ratio = Per Future Land Use Designation.

(d)

Minimum Open Space = 15%.

(e)

Maximum Impervious Surface Ratio = .85.

(f)

Residential Equivalent Use — Shall not exceed a maximum area of five (5) acres.

(g)

Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(h)

Mixed Use—Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the total lot area.

(i)

Transient Accommodation Use—Per Future Land Use Designation.

(j)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(k)

Institutional and Transportation Utility Uses shall not exceed a maximum of five acres.

(F)

Compatibility Review.

(1)

All uses in the WD-1 District shall be evaluated for compatibility with surrounding uses and furthering the intent of the WD-1 District as it relates to promoting the tourist oriented economy.

(2)

When uses under this Code Section are evaluated for compatibility such factors as scale, mass, intensity, location, size, height, style and aesthetics shall be taken into account. This list of factors to be considered is not exclusive and the reviewing body may consider other relevant factors in making a compatibility determination. The use in order to be compatible shall be found to preserve the character of the adjacent neighborhoods.

(G)

Design Requirements for all non-residential site plans.

(1)

Parking.

(a)

Parking lots/spaces may not be located in any required front setback or within the required pedestrian promenade. Alternative parking surfaces may be utilized throughout the district. All other applicable standards of the Land Development Code for the construction of parking lots shall be required.

(b)

Actual parking to be provided shall not exceed 110% of the required parking after the provision of all applicable credits and reductions allowed elsewhere in this Code.

(c)

Parking lots shall be masked from the street frontage and/or water frontage by a street-screen as described in (6)(b) below.

(d)

Where parking lot access can be provided from a side street or alley, direct access from Dodecanese Blvd and Athens Street shall be prohibited.

(e)

Alternatives to the requirements of Section 127.03, Parking Lot Design and 134.05 Parking Lot Landscaping may be considered by the Board of Commissioners during the site plan review when a Superior Alternative can be demonstrated that achieves the intent of buffering and screening off street parking.

(2)

Sidewalks and private frontages (the area between the building and right-of-way). Pedestrian sidewalks and other pedestrian amenities may be located in any required setback or yard. Outdoor cafes, seating areas, terraces, canopies, arcades, and other similar amenities that serve to integrate the public sidewalk with the enfronting structure shall be allowed and encouraged within any required yard or setback. In addition to the standards of Section 132.00, public sidewalks shall be a minimum of 8′. Where insufficient right-of-way exists, a pedestrian easement shall be granted to provide the required 8′ of sidewalk width. Awnings or galleries shall be required to provide shade for pedestrians along the primary and secondary frontages of the building.

(3)

Landscaping. In addition to the landscaping requirements elsewhere in this Code, one street tree of at least 1.5″ caliper or a cluster of three palm trees shall be planted for each 30′ of frontage along the public right-of-way. Trees shall be of a species that, at maturity, the canopy shall not interfere with the building facade.

(4)

Elevation of buildings. In order to preserve the urban streetscape non-residential structures shall be constructed at or near street grade.

(5)

Pedestrian promenades on waterfront lots. Waterfront lots shall provide a minimum 15′ pedestrian promenade along the river frontage; arcades shall be allowed over the promenade with a minimum clearance of 10′; the pedestrian promenade shall form a continuous walkway along the river frontage. Pedestrian access from the street frontage to the promenade may be interior or exterior to the building. Where placement within the 15′ setback is technically or economically impracticable alternative placements of the pedestrian walkway may be considered by the Board of Commissioners during the site plan review process.

(6)

All site plans and building plans shall adhere to the additional building design requirements set out below.

(a)

Building wall materials may be combined on each facade only horizontally, with the heavier below the lighter.

(b)

Street-screens shall be between 3.5 and 8 feet in height and constructed of a material matching the adjacent building facade. Street-screens shall have openings no larger than necessary to allow automobile and pedestrian access. In addition, all street-screens over 4 feet high should be 30% permeable or articulated.

(c)

A building recess of 5—10 feet between the second and third story, along the primary frontage, shall be required. At least 50% of the recess shall be setback a minimum of 10′. The remainder shall not be less than 5 feet. A building recess or accent line that architecturally differentiates the 1 ^st and 2 ^nd story shall be required.

(d)

All openings, including porches, galleries, arcades and windows, with the exception of storefronts, shall be square or vertical in proportion.

(e)

Openings above the first story shall not exceed 50% of the total building wall area, with each facade being calculated independently.

(f)

The facades on frontages shall be detailed as storefronts with clear glass comprising no less than 70% of the sidewalk-level story. Two way visibility shall be maintained and shall not be obstructed by the use of reflective films, coatings, glazings, or window signage.

(g)

Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12, except that porches may be no less than 2:12.

(h)

Flat roofs shall be enclosed by parapets a minimum of 42 inches high, or as required to conceal mechanical equipment to the satisfaction of the TRC.

(i)

Exterior finish materials on all facades shall be limited to stone, brick, wood, and/or stucco. Balconies, galleries, and arcades shall be of similar materials as the primary structure or may be made of concrete, painted wood, or metal.

(j)

Buildings may have flat roofs enclosed by parapets or sloped roofs.

(7)

Requirements Specific to Hotels:

(a)

Facade colors shall be of low reflectance, subtle, neutral, or earth tone colors, the use of high-intensity or metallic colors shall be prohibited.

(b)

The use of neon tubing, strobe lights, moving lights, and other similar lighting mechanisms shall be prohibited.

(c)

All facades visible from adjoining properties or public streets shall be designed to contribute to the overall scale of the building's features and encourage community integration by featuring characteristics similar to the front facade.

(d)

Loading docks, trash collection, parking lots, and other outdoor storage and activity areas shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impacts are fully contained.

(e)

Multiple connections shall be required between the structure and the public right-of-way.

(f)

Walking routes (other than driveways and parking aisles) shall be provided as primary pedestrian access-ways between buildings, parking lots, and public sidewalks and shall be of a material that differentiates those routes from surrounding parking lots.

(H)

Waivers. The Board of Commissioners may consider a waiver to the maximum front setback required in this Section when a Superior Alternative is presented and compatibility review requirements of this section have been met.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-07, passed 5-7-96; Am. Ord. 97-40, passed 12-16-97; Am. Ord. 2001-33, passed 12-4-01; Am. Ord. 2003-31, passed 9-30-03; Am. Ord. 2007-26, passed 7-17-07; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11)

(A)

The WDI-A District is established to provide for development related to the commercial fishing industry and related water dependent uses.

(B)

Permitted Uses.

(1)

Accessory Retail Sales of Commercial Fishing Related Products.

(2)

Commercial Fishing Establishments and Related Processing and Packing.

(3)

Marinas.

(4)

Warehouses, Excluding the Storage of Hazardous or Flammable Materials as Defined by Title 49 CFR, Part 171.

(5)

Wholesale Trade.

(C)

Conditional Uses.

(1)

Boat Yards (Requires Industrial General-Water Front [IG-WF] Land Use category).

(2)

Community Assembly.

(3)

Community Service Uses.

(4)

Hotels and Motels.

(5)

Light Manufacturing (Requires Commercial General or Industrial Limited Future Land Use Category)

(6)

Off-Shore Tour Vessel (Pursuant to Section 67.00).

(7)

Personal Service Establishments.

(8)

Residential over ground-floor commercial (subject to paragraph (E) below).

(9)

Retail Food Establishments.

(10)

Retail Sales Establishments.

(11)

Single Family Dwellings.

(D)

Dimensional Regulations.

(1)

Minimum Lot Area = 5,000 square feet.

(2)

Minimum Lot Width = 30 feet.

(3)

Minimum Lot Depth = 80 feet.

(4)

Maximum Height = 35 feet.

(5)

Minimum Yards:

(6)

Front = 10 feet.

(7)

Side = Zero; 10 feet when adjoining a residential district.

(8)

Side Street = 10 feet.

(9)

Rear = Zero; 25 feet when adjoining a residential district.

(10)

Maximum Nonresidential Floor Area Ratio = .40.

(11)

Minimum Open Space = 15%.

(12)

Maximum Impervious Surface Ratio = .85.

(13)

Residential Equivalent Use—Shall not exceed a maximum area of five (5) acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(14)

Mixed Use—Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the total lot area.

(15)

Transient Accommodation Use—Shall not exceed 40 units per acre.

(16)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(17)

Institutional and Transportation Utility Uses shall not exceed a maximum of five acres.

(18)

Outdoor storage shall comply with Section 57.00.

(E)

Residential Over Ground Floor Commercial. The number of units allowed shall be based upon the future land use designation of the parcel, accounting for land area needed to support the non-residential floor area of the structure, including space used for passive storage purposes. Site Plan approval shall be required in accordance with Section 210.00 of this Code.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-80; Am. Ord. 91-27, passed 7-16-91; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 97-40, passed 12-16-97; Am. Ord. 2007-26, passed 7-17-07; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2009-13, passed 10-20-09; Am. Ord. 2011-08, passed 9-6-11; Am. Ord. 2012-13, passed 8-7-12)

(A)

The WDI-B District is established primarily to provide for development and redevelopment related to the commercial fishing industry and related water dependent uses. Other uses are provided in order to provide complimentary development options to support retention of the commercial fishing industry. A secondary intent is to provide for water dependent uses that support other types of commercial and recreational boating uses as well as water related uses that support the local tourism industry. The primary application of this district shall be for those areas traditionally recognized as working waterfront areas adjacent to the north side of the Anclote River in the Island Ave/Island Way area and other similarly situated waterfront parcels.

(B)

Permitted Uses:

(1)

Accessory Retail Sales of Commercial Fishing Related Products.

(2)

Boat sales and related uses.

(3)

Boat Yards (Requires Industrial General (IG) or Industrial General-Water Front [IG-WF] Land Use category).

(4)

Commercial dockage for fisheries.

(5)

Commercial Fishing Establishments and Related Processing and Packing.

(6)

Hotels and Motels (including Condo Hotels/Motels); Convention and/or Conference Facilities require conditional use review)

(7)

Lodging facilities (Bed & Breakfast).

(8)

Manufacturing of boats and boat accessories (commercial and recreational) (Requires Industrial Limited (IL), Industrial General (IG) or Industrial General-Water Front [IG-WF] Land Use Category).

(9)

Onsite storage consistent with and accessory to a permitted use.

(10)

Residential over ground floor commercial.

(11)

Retail Food Establishments.

(12)

Retail Sales Establishments.

(13)

Sit-down Restaurants, no drive-through.

(14)

Wet and dry slip marinas.

(C)

Conditional Uses:

(1)

Bars and Taverns.

(2)

Business and professional offices.

(3)

Community Assembly.

(4)

Community Service Uses.

(5)

Financial Institutions.

(6)

Light Manufacturing (Requires appropriate Industrial Land Use Category).

(7)

Off-Shore Tour Vessel (Pursuant to Section 67.00).

(8)

Outdoor markets (not on public rights-of-way).

(9)

Personal Service Establishments.

(10)

Tourist homes (no limit on spacing requirements found elsewhere in this Code).

(D)

Dimensional Regulations:

(1)

Minimum Yards:

(a)

Road Frontage: 10′ minimum.

(b)

Water Frontage: 15′ minimum measured from the mean high water line.

(c)

Sides: 0′ for buildings, 10′ for parking.

(d)

Side Street: 10′.

(2)

Height (measured from finished grade):

(a)

Hotels, Dry Slip Marinas = 50′.

(b)

Parking Structures = 40′ maximum.

(c)

All other uses, 3 stories, not to exceed 45′.

(d)

Parcels within Pinellas County prior to [adoption date] and requesting annexation and application of the WDI-B zoning district prior to January 1, 2010, shall be permitted the same maximum height allowed by Pinellas County ordinances. This special height allowance shall be limited to only those uses allowed in the Pinellas County zoning as of January 1, 2007. Those uses, and the allowable height, shall be recorded in the annexation ordinance. The height may be measured in the same manner as allowed by Pinellas County development regulations. All other uses shall not exceed the prescribed height limits of this district. A site plan must be approved by January 1, 2012, for all parcels annexing and receiving the special height allowance, after which all parcels shall be subject to the height restrictions of (2) (a, b and c) above.

(3)

Maximum Non-Residential Floor Area Ratio: Shall be limited by the parcels designation on the City's Future Land Use Map series

(4)

Maximum Impervious Surface Ratio: .85.

(5)

Minimum Open Space: .15.

(6)

Mixed Use — Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the total lot area.

(7)

Transient Accommodation Use—Shall not exceed forty (40) units per acre.

(8)

The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map.

(9)

Institutional and Transportation/Utility uses shall not exceed five acres.

(E)

Compatibility Review:

(1)

Except for exempt uses identified in paragraph (F)(7) of this section, all new development/re-development in the WDI-B District shall be evaluated for compatibility with surrounding uses and furthering the intent of the WDI-B District as it relates to retaining the commercial fisheries industries and promoting the tourist oriented economy.

(2)

When uses under this Code Section are evaluated for compatibility such factors as scale, mass, intensity, location, size, height, style and aesthetics shall be taken into account. This list of factors to be considered is not exclusive and the reviewing body may consider other relevant factors in making a compatibility determination. The use, in order to be compatible, shall be found to preserve the character of the adjacent neighborhoods and/or community.

(F)

Design Requirements. The following design requirements ensure a minimum of visual harmony and facilitate the placement of structures on the lot in relationship to parking and water frontages. A particular architectural style is not mandated by these regulations.

(1)

Parking:

(a)

Parking lots/spaces shall not be located in any required water frontage setback. Alternative parking surfaces may be utilized throughout the district. All other applicable standards of the Land Development Code for the construction of parking lots shall be required.

(b)

Actual parking to be provided shall not exceed 125% of the required parking after the provision of all applicable credits and reductions allowed elsewhere in this Code.

(c)

Parking lots shall be masked from the street frontages and water frontages by a streetscreen as described in (6)(b) below.

(d)

A minimum of one bicycle rack and designated parking for scooters/motorcycles shall be provided onsite.

(e)

Parking structures shall meet all standards of this Section.

(2)

Sidewalks and private frontages (the area between the building and street right-of-way):

(a)

Pedestrian sidewalks and other pedestrian amenities may be located in any required setback or yard. Outdoor cafes, seating areas, terraces, canopies, arcades, and other similar amenities that serve to integrate the public sidewalk with the enfronting structure shall be allowed and encouraged within any required yard or setback.

(3)

Landscaping:

(a)

In addition to the landscaping requirements elsewhere in this Code, one tree of at least 1.5" caliper or a cluster of three palms shall be planted for each 30' of frontage along the public right-of-way. The tree shall be of a species that, at maturity, the canopy shall not interfere with the building facade. These required tree plantings may be counted toward the minimum tree plantings per lot as established in elsewhere in this code.

(4)

Elevation of buildings:

(a)

Ground floor elevation for commercial uses shall not exceed 18 inches above the crown of the adjacent roadway.

(5)

Pedestrian promenades on waterfront lots:

(a)

Waterfront lots (Anclote River) west of Alternate 19, shall provide a minimum 15′ setback from the mean high water line to accommodate a pedestrian waterfront promenade. A minimum 8′ public walkway (with a recorded pedestrian easement) shall be provided within the required setback. Arcades, awnings and similar structures shall be allowed over the promenade with a minimum clearance of 10′; the pedestrian promenade shall form a continuous walkway/boardwalk or similar pathway along the river frontage. Pedestrian access from the street frontage to the promenade may be interior or exterior to a building. Exterior pedestrian passages shall be a minimum of 8′ in width. Where placement within the 15′ setback is impracticable alternative placements of the pedestrian walkway may be considered.

Exceptions to requirements for waterfront promenades may only be considered by the Board of Commissioners.

(6)

All site plans and building plans shall adhere to the additional building design requirements set out below:

(a)

Building wall materials may be combined on each facade only horizontally, with the heavier below the lighter.

(b)

Streetscreens should be between 3.5 and 8 feet in height and constructed of a material matching the adjacent building facade. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. In addition, all streetscreens over 4 feet high should be 30% permeable or articulated.

(c)

A building recess of 5—10 feet between the second and third story, along the primary frontage, shall be required. At least 50% of the recess shall be setback a minimum of 10′. The remainder shall not be less than 5 feet. A building recess or accent line that architecturally differentiates the 1st and 2nd story shall be required.

(d)

All openings, including porches, galleries, arcades and windows, with the exception of storefronts, shall be square or vertical in proportion.

(e)

Openings above the first story shall not exceed 50% of the total building wall area, with each facade being calculated independently.

(f)

Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12, except that porches may be no less than 2:12.

(g)

Flat roofs shall be enclosed by parapets a minimum of 42 inches high, or as required to conceal mechanical equipment to the satisfaction of the TRC.

(h)

Exterior finish materials on all facades shall be limited to stone, brick, wood, and/or stucco. Balconies, galleries, and arcades shall be made of concrete, painted wood, or metal. Other synthetic material which are aesthetically pleasing and mimic one of the approved exterior finishes may by considered upon recommendation of the T.R.C.

(i)

Buildings may have flat roofs enclosed by parapets or sloped roofs.

(7)

Exceptions. The following uses shall be exempt from the design requirements of this section:

(a)

Commercial dockage for fisheries.

(b)

Commercial Fishing Establishments and Related Processing and Packing.

(c)

Wet slip marinas are exempt except from promenade requirements (upland accessory uses such as retail stores, bait shops and restaurants shall comply with design standards).

(d)

Boat yards.

(e)

Manufacturing of boats and boat accessories.

(Ord. 2007-34, passed 9-18-07; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11)

(A)

The WDII District is established to provide for marine related industrial development adjacent to the Anclote River waterfront, and to provide for other related industrial activity and water dependent uses.

(B)

Permitted Uses:

(1)

Boat Yards

(2)

Commercial Fishing Establishments and related processing and packing

(3)

Marinas

(4)

Marine Salvage and Construction Establishments

(C)

Conditional Uses:

(1)

Community Service Uses

(2)

Heavy Utility Service

(3)

Industrial Workshops and Services

(4)

Light Manufacturing

(5)

Off-Shore Tour Vessels (Pursuant to Section 67.00)

(6)

Seaports

(7)

Warehouses

(8)

Wholesale Trade

(D)

Dimensional Regulations:

(1)

Minimum Lot Area = 5,000 square feet

(2)

Minimum Lot Width = 50 feet

(3)

Minimum Lot Depth = 80 feet

(4)

Maximum Height = 40 feet

(5)

Minimum Yards:

(a)

Front = Ten feet

(b)

Side = Ten feet

(c)

Side Street = Ten feet

(d)

Rear = Zero; 25 feet when adjoining a residential district

(6)

Maximum Nonresidential Floor Area Ratio = .60

(7)

Minimum Open Space = Ten percent

(8)

Maximum Impervious Surface Ratio = .85

(9)

Office, Retail Commercial; Personal/Business Service; and Commercial/Business Service use restrictions: Shall be allowed as accessory uses, located within the structure to which it is accessory, and not exceed 25 percent of the floor area of the principal use to which it is accessory.

(10)

Buffer Standards: An appropriate buffer shall be provided in and between the WDII District and an adjoining plan classification other than Industrial or Transportation/Utility.

(11)

Public/Semi-Public Use: Shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 97-40, passed 12-16-97)

(A)

The IR District is established to provide for light industrial development, warehousing, wholesale distribution, and related intensive commercial uses.

(B)

Permitted Uses:

(1)

Construction Material Establishments

(2)

Construction Service Establishments

(3)

Industrial Workshops and Services

(4)

Landscape Service Establishments

(5)

Light and Heavy Printing Establishments

(6)

Light Manufacturing

(7)

Light Utility Service

(8)

Miniwarehouses

(9)

Motor Freight Terminals

(10)

Motor Pool Facility

(11)

Rental Service Establishments

(12)

Research and Development

(13)

Vehicle Repair (Minor)

(14)

Vehicle Sales and Rental Establishments

(15)

Warehouses

(16)

Wholesale Trade

(C)

Conditional Uses:

(1)

Business and Professional Offices

(2)

Communication Towers

(3)

Community Service Uses

(4)

Correctional Institutions

(5)

Emergency Service Facilities

(6)

Heavy Utility Service

(7)

Heliports and Helistops

(8)

Hotels and Motels (no Convention/Conference Facilities)

(9)

Junkyards or Salvage Yards

(10)

Retail Sales Establishments

(11)

Transportation Terminals

(12)

Vehicle Repair (Major)

(13)

Manufacturing of Recreation Watercraft

(14)

Overnight Boarding of Animals subject to Section 72.00

(15)

Commercial Recreation Facilities

(16)

Schools of General Education

(D)

Dimensional Regulations:

(1)

Minimum Lot Area = 5,000 square feet

(2)

Minimum Lot Width = 50 feet

(3)

Minimum Lot Depth = 80 feet

(4)

Maximum Height = 40 feet

(5)

Minimum Yards:

(a)

Front = Ten feet

(b)

Side = Ten feet

(c)

Side Street = Ten feet

(d)

Rear = 25 feet

(6)

Maximum Nonresidential Floor Area Ratio = .50

(7)

Minimum Open Space = 15 percent

(8)

Maximum Impervious Surface Ratio = .85

(9)

Buffer standards: An appropriate buffer shall be provided in and between the IB District and an adjoining Residential District.

(10)

Public/Semi-Public; Retail Commercial; Personal/Business Service; Commercial/Business Service; Transient Accommodation Uses; and Commercial Recreation: Shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate Future Land Use Plan amendment and corresponding Zoning Map amendment.

(11)

Transient Accommodation use shall not exceed 40 units per acre.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 2004-09, passed 5-4-04; Am. Ord. 2004-24, passed 10-26-04; Am. Ord. 2008-31, passed 1-27-09; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11; Am. Ord. 2016-10, passed 8-16-16)

(A)

The IH District is established to provide for areas where a broad range of industrial uses may locate and operate with minimal impacts on adjoining properties.

(B)

Permitted Uses:

(1)

Construction Equipment Sales/Rental (Heavy)

(2)

Construction Equipment Sales/Rental (Light)

(3)

Construction Material Establishments

(4)

Construction Service Establishments

(5)

Emergency Service Facilities

(6)

Heliports and Helistops

(7)

Industrial Workshops and Services

(8)

Landscape Service Establishments

(9)

Light and Heavy Printing Establishments

(10)

Light and Heavy Utility Service

(11)

Light Manufacturing

(12)

Motor Freight Terminals

(13)

Motor Pool Facility

(14)

Rental Service Establishments

(15)

Research and Development

(16)

Transportation Terminals

(17)

Vehicle Repair (Major and Minor)

(18)

Warehouses

(19)

Wholesale Trade

(C)

Conditional Uses:

(1)

Airports and Airfields

(2)

Communication Towers

(3)

Community Service Uses

(4)

Correctional Institutions

(5)

Heavy Manufacturing

(6)

Junkyards or Salvage Yards

(7)

Overnight Boarding of Animals subject to Section 72.00

(8)

Seaports

(D)

Dimensional Regulations:

(1)

Minimum Lot Area = 10,000 square feet

(2)

Minimum Lot Width = 100 feet

(3)

Minimum Lot Depth = 100 feet

(4)

Maximum Height = 45 feet

(5)

Minimum Yards:

(a)

Front = 25 feet

(b)

Side = 20 feet; 75 feet if adjoining a residential district

(c)

Side Street = 25 feet

(d)

Rear = 20 feet; 75 feet if adjoining a residential district

(6)

Maximum Nonresidential Floor Area Ratio = .60

(7)

Minimum Open Space = 15 percent

(8)

Maximum Impervious Surface Ratio = .80

(9)

Office, Retail Commercial; Personal/Business Service; and Commercial/Business Service: Shall be allowed as accessory uses, located within the structure to which it is accessory, and not to exceed 25 percent of the floor area of the principal use to which it is accessory.

(10)

Buffer Standards: An appropriate buffer shall be provided in and between the WDII District and an adjoining plan classification other than Industrial or Transportation Utility.

(11)

Public/Semi-Public Use: Shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(Ord. 90-10, passed 5-1-90; Am. Ord. 90-35, passed 9-18-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 94-42, passed 12-20-94; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 2008-31, passed 1-27-09)

(A)

The LC District is established to provide for areas identified by Figure 19 of the Coastal Management and Conservation Element of the Comprehensive Plan and by Presentation (P) and Recreation/Open Space (R/OS) on the Future Land Use Map Series as environmentally sensitive and in need of preservation, to provide for the preservation of wetlands, or other unsuitable for development, and to provide for the public and quasi-public ownership of land.

(B)

Permitted Uses

(1)

Preservation Areas and Conservation Easements Set Aside in Accordance with a Site Plan Approval or Development Agreement

(2)

Transfer of Development Rights (Pursuant to §§ 148.00 through 148.03 of this Code)

(C)

Conditional Uses

(1)

Golf Courses, Public or Private

(2)

Community Assembly

(D)

The following density and intensity standards shall apply:

(1)

Those properties designated as Preservation on the Future Land Use Map shall not exceed a F.A.R. of .10 or an I.S.R. or .20

(2)

Those properties designated as Recreation/Open Space on the Future Land Use Map shall not exceed a F.A.R. of .25 or an I.S.R. of .45

(Ord. 90-10, passed 5-1-90; Am. Ord. 91-27, passed 7-16-91; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11)

(A)

The Public/Semi-Public District shall provide for appropriate development of lands that are designated in the Comprehensive Plan as Institutional or Transportation/Utility.

(B)

The permitted uses, densities, and intensity standards in this District shall be limited by the parcel's designation on the Future Land Use Map Series.

(C)

For those properties designated as Institutional on the Future Land Use Map the following standards apply:

(1)

Residential Use shall not exceed 12.5 dwelling units per acre.

(2)

Residential Equivalent Use shall not exceed three beds per permitted dwelling unit at 12.5 dwelling units per acre.

(3)

Nonresidential uses shall not exceed a Floor Area Ratio of .45 to.65 nor an Impervious Surface Ratio of .65 to.85.

(D)

For those properties designated Transportation/Utility on the Future Land Use Map the following standards apply:

(1)

No use shall exceed a Floor Area Ratio of .50 to .70 nor an Impervious Surface Ratio of .70 to .90.

(2)

An appropriate buffer shall be provided within and between the T/U category and any other adjoining plan classification, other than Industrial.

(Ord. 93-31, passed 11-16-93; Am. Ord. 2011-08, passed 9-6-11)

(A)

The PTC District is established to provide for areas located adjacent or in close proximity to the Pinellas Trail where a mixture of convenient shopping, personal services, and residential uses are grouped to encourage a high level of pedestrian and bicycle movement.

(B)

Permitted Uses:

(1)

Business and Professional Offices

(2)

Community Service Uses

(3)

Multifamily Dwellings

(4)

Personal Service Establishments (subject to paragraph (M) below)

(5)

Retail Food Establishments

(6)

Retail Sales Establishments

(7)

Single Family Attached Dwellings

(8)

Single Family Detached Dwellings

(9)

Two Family Dwellings

(C)

Conditional Uses:

(1)

Boarding Homes

(2)

Community Assembly

(3)

Commercial Recreation Facilities

(4)

Community Residential Homes

(5)

Congregate Care Facilities

(6)

Day Care Centers

(7)

Eating Establishments, Sit Down and Taverns

(8)

Family Care Homes

(9)

Financial Institutions

(10)

Home Occupations (Pursuant to §§ 51.00 through 51.03 of this Code)

(11)

Libraries, Museums, Galleries, Cultural Centers, and Similar Uses

(12)

Off-Street Parking

(13)

Schools of General Education

(14)

Schools of Special Education

(15)

Second Floor Residences Over Ground Floor Commercial Uses

(16)

Sidewalk Cafes

(17)

Veterinary Clinics provided that no boarding facilities may be allowed except as may be required for the short term treatment of sick or injured animals and when completely enclosed within a building

(D)

Residential Dimensional Regulations:

(1)

Maximum Density = Ten units/acre

(2)

Minimum Lot Area

(a)

Single Family Detached Dwelling = 5,000 square feet

(b)

Single Family Attached Dwelling = 2,000 square feet

(c)

Two Family Dwelling = 9,000 square feet

(d)

Multifamily Dwelling = 10,000 square feet

(3)

Minimum Lot Width

(a)

Single Family Detached Dwelling = 50 square feet

(b)

Single Family Attached Dwelling = 20 square feet

(c)

Two Family Dwelling = 50 square feet

(d)

Multifamily Dwelling = 80 square feet

(4)

Minimum Lot Depth

(a)

Single Family Detached Dwelling = 80 square feet

(b)

Single Family Attached Dwelling = 100 square feet

(c)

Two Family Dwelling = 90 square feet

(d)

Multifamily Dwelling = 90 square feet

(5)

Maximum Height = 30 feet

(6)

Minimum Yards:

(a)

Single Family Detached Dwellings and Two Family Dwellings:

(1)

Front = 25 feet

(2)

Side = Seven and one-half feet

(3)

Side Street = 15 feet

(4)

Rear = 20 feet

(b)

Single Family Attached Dwellings:

(1)

Front = 20 feet facing a public right-of-way; 15 feet facing a common drive; courtyard or private parking area

(2)

Side = Seven and one-half feet

(3)

Side Street = Seven and one-half feet

(4)

Rear = 20 feet

(c)

Multifamily Dwellings:

(1)

Front = 25 feet

(2)

Side = 15 feet

(3)

Side Street = 20 feet

(4)

Rear = 20 feet

(5)

Minimum Distance Between Buildings:

(a)

Side facing side = 15 feet

(b)

Front/rear facing side = 20 feet

(c)

Front/rear facing front/rear = 25 feet

(7)

Minimum Net Floor Area

(a)

Single Family Detached Dwelling = 850 square feet

(b)

Single Family Attached Family = 850 square feet

(c)

Two Family and Multifamily Dwellings = 600 square feet

(8)

Residential Equivalent = 3.0 bed permitted per permitted dwelling unit

(E)

Nonresidential Dimensional Regulations

(1)

Minimum Lot Area = 7,500 square feet

(2)

Minimum Lot Width = 50 feet

(3)

Minimum Lot Depth = 80 feet

(4)

Maximum Height = 30 feet

(5)

Minimum Yards:

(a)

Front = 20 feet

(b)

Side = Seven and one-half feet

(c)

Side Street = Ten feet

(d)

Rear = 20 feet

(6)

Maximum Nonresidential Floor Area Ratio = .30

(7)

Minimum Open Space = 20 percent

(8)

Impervious Surface ratio = .70

(F)

Joint and Cross Access

(1)

Adjacent commercial properties along the PTC zoning district shall provide joint access driveways. The joint access driveway shall provide a single access to the thoroughfare for adjacent properties. The joint access driveway shall be constructed in accordance with the requirements of § 129.00, Driveways and Access Management.

(2)

In conjunction with a joint access driveway, a cross access easement to allow for the free flow of traffic between properties shall be required.

(3)

If no other access to the thoroughfare is available, the primary developing property shall be permitted a temporary driveway accessing the thoroughfare. The temporary driveway shall be constructed in accordance with the requirements of § 129.00, Driveways and Access Management. All access rights to the thoroughfares shall be dedicated to the City of Tarpon Springs and the temporary driveway will be removed after construction of the joint access driveway.

(4)

During development, the primary developing parcel shall construct a driveway access to the property line to make it visually obvious that the abutting properties will be tied-in to provide cross-access via a joint access driveway.

(5)

Where access to the right-of-way is available through cross-access easements with adjacent properties, developing properties shall dedicate all ingress/egress rights to the City of Tarpon Springs.

(G)

The length of the driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the thoroughfare or causing unsafe conflicts with on-site circulation. Driveway length measured from the front property line to the nearest conflict point shall not be less than 15 feet.

(H)

The provisions of this Section shall apply to all new vehicle use areas or commercial parking lots within the PTC zoning district.

(1)

Where a new parking lot abuts a public right-of-way or private street a minimum buffer strip of eight feet wide is required. This buffer strip shall be planted with one tree every 15 feet and continuous hedge maintained at a height of three feet above grade. The required shrubbery shall be spaced at 30 inches on center. The remaining area shall be surfaced with grass, ground covers, or with at least two inches of wood chip or bark.

(2)

Additional landscaping requirements shall be provided in accordance with § 134.03, Parking Lot Landscaping.

(3)

The Planning Director shall have the authority to waive such requirements where the required landscaping encroaches into the required visibility triangle as stated in § 37.00, Required Visibility Triangles.

(I)

Required parking, as stated in § 127.04, Parking Schedule, for commercial uses locating within the PTC zoning district shall be reduced by 25 percent.

(J)

All uses, excluding Single Family and Two Family Dwellings, shall provide an area designated for bicycle and/or motorcycle parking.

(K)

All signs shall comply with the Historic Preservation District sign regulations as stated in Article XI. However, signs within the PTC zoning district are exempt from Historic Preservation Board review. The Board of Adjustment has the authority within the Pinellas Trail Corridor District to permit up to a maximum of twice the amount of:

(1)

Sign area as allowed in § 189.01, General Regulation for Free Standing Signs.

(2)

Sign area as allowed in § 189.03, Wall Mounted Signs in Addition to Free Standing Signs.

(L)

Mixed Use Projects shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the net land area of the property.

(M)

Personal Service/Office Support Use shall not exceed a floor area of 3,600 square feet; and no combination of such uses in any single multi-tenant building or, in the alternative, in any group of buildings that are integral to and function as part of a unified project, shall exceed ten (10) percent of the floor area of said buildings.

(N)

Recreation Uses in the CN, Commercial Neighborhood Future Land Use Map category are limited to indoor recreation uses only.

(O)

Institutional/Transportation Utility Use (as defined by the Countywide Plan Rules of Pinellas County) shall not exceed a maximum of five acres. Any such use, alone or when added to existing contiguous like use(s), which exceeds this threshold shall require a plan map amendment which shall include such use and all contiguous uses.

(Ord. 95-19, passed 7-18-95; Am. Ord. 2009-03, passed 8-18-09; Am. Ord. 2011-08, passed 9-6-11)

A.

Any submitted application for Community Assembly use filed prior to the effective date of this Ordinance shall be subject to the zoning regulations in effect prior to the effective date of this Ordinance. Any Community Assembly use legally in existence on the effective date of this Ordinance, but now in violation of its provision, shall be considered a legal non-conforming use and may be allowed limited expansion subject to the following criteria:

1.

The expansion does not exceed 1,000 square feet or 25% of the gross square feet of the non-conforming use, whatever is greater.

B.

RLUIPA Relief Procedures. This section implements the policy of the City for addressing possible unintended violations of the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc et seq. RLUIPA identified during implementation of this code and related rules, policies and procedures.

1.

A person, including a religious assembly or institution, may request relief under this section in writing by completing an RLUIPA Reasonable Relief Request form, which is available from the City's Planning and Zoning Department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

2.

The City Manager, or his or her designee, shall have the authority to consider and act on requests for reasonable relief submitted to the Planning and Zoning Division, after notice is posted as provided in subsection 8. A public hearing shall be held within 21 days of receipt by the City of the request for relief. During the public hearing the City Manager, or designee, shall solicit comment and information from the public to be taken under advisement. The City Manager shall issue a written determination no later than 45 days after the receipt by the City of the request for relief. The determination may:

(1)

Grant the relief requested,

(2)

Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or

(3)

Deny the request in accordance with Federal law.

Any determination denying the request for relief shall be in writing and shall state the reasons the relief was denied. All determination shall advise the requesting party that the determination may be appealed within 30 days of the date of the determination to the City Commission. The written determination shall be sent to the requesting party by certified mail, return receipt requested.

If necessary prior to issuing a written determination, the City Manager, or designee, may request additional information from the requesting party specifying in sufficient detail what information is required. The requesting party shall have 15 days from the date the information is requested to provide the needed information. In the event a request for additional information is made to the requesting party by the City Manager, the 30 day period to issue a written determination shall no longer be applicable, and the City Manager, or designee, shall issue a written determination within 30 days after receipt of the additional information from the requesting party.

3.

If the requesting party fails to respond to the requested additional information within 15 days after the City Manager's, or designee's, request for additional information, the City Manager, or designee, shall issue a written notice advising the requesting party failed to timely submit the additional information and the request for relief shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said reasonable relief request shall be required.

4.

In determining whether the reasonable relief request shall be granted or denied, the applicant shall be required to establish:

(a)

The applicant is a claimant under RLUIPA; and

(b)

The City has imposed a substantial burden on the religious exercise of the applicant, whether a person, religious assembly or institution, and the burden is not a result of the City furthering a compelling government interest and is not the least restrictive means of furthering that compelling government interest; or the City has imposed or implemented a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a non-religious assembly or institution.

5.

Within 30 days after the City Manager's, or designee's, written determination is mailed to the requesting party the requesting party may appeal the decision to the City Commission. All appeals shall contain a statement explaining the reason for the appeal. The City Commission shall, after giving public notice pursuant to subsection 8 and conducting a public hearing, make a determination no later than 60 days after an appeal has been filed to uphold, reverse or modify in whole or in part the City Manager's determination. The purpose of the public hearing is to receive comments, input and information from the public, which shall be taken under advisement by the City Commission.

6.

No fee shall be imposed by the City in connection with the request for reasonable relief under this section or for an appeal of a reasonable relief determination to the City Commission. The City shall have no obligation to pay a requesting party's or an appealing party's attorney fees or costs in connection with the request for an appeal.

7.

While an application for reasonable relief, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.

8.

The City shall display a notice in the City's public notice bulletin board and shall maintain copies available for review in the Planning and Zoning Division advising the public that a request for relief under RLUIPA has been filed or appealed to the City Commission. The date and time of the applicable public hearing shall be included in the notice.

C.

If a use is interpreted to be a Community Assembly use as defined in Section 25.00, the requirements of Section 26.00 shall prevail over any inconsistent provisions of Land Development Code.

(Ord. 2009-03, passed 8-18-09)

Editor's note— Ord. No. 2018-03, § 2, adopted February 6, 2018, repealed §§ 27.00—27.90, which pertained to supplemental regulations for siting of medical cannabis dispensaries, and derived from Ord. No. 2017-10, passed 4-18-17.