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Clearwater Community Development Code Part I, Article 2 Zoning Districts
Section 2-1602. Island Estates Neighborhood Conservation Overlay District. A. Intent and purpose. The Island Estates Neighborhood Plan was developed in response to neighborhood needs and approved by the city commission on August 8, 2002 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Island Estates neighborhood. The intent and purpose of the Island Estates Neighborhood Conservation Overlay District (IENCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existingestablished character within the district and to protect the health, safety and general welfare of the district. Development and redevelopment shall be reviewed for consistency with the Island Estates Neighborhood Plan. Any development requesting flexibility from the minimum development standards of the IENCOD shall be consistent with the Island Estates Neighborhood Plan. B. Jurisdictional boundaries. The Island Estates Neighborhood Conservation Overlay District (IENCOD) shall be consistent with the boundaries of all the land in Clearwater Harbor, known as Island Estates lying northerly of the northerly right of way line of Memorial Causeway, less and except the following described tracts: (1) All of Block C, and Lots 1-3, 7, 9-13, Block D, and the westerly 61 feet of the vacated right-of-way of Dory Passage, Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas County, Florida; (2) Begin at the most easterly corner of Lot 13, Block D of Unit 5 Island Estates of Clearwater; as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas County, Florida; thence N49°23'41"W, 100.00 feet; thence N04°23'41"W, 71.42 feet, to a point on a curve to the left; thence along the arc of said curve, having a radius of 70.00 feet, a chord bearing of N75°47'40"E, a chord length of 23.86 feet, 23.98 feet; thence S49°23'41"E, 136.75 feet; thence S08°12'32"E, 81.05 feet; thence S40°36'19"W, 16.63 feet; thence N49°23'41"W, 61.00 feet to the Point of Beginning; (3) Island Yacht Club Condominium, as recorded in Condominium Plat Book 39, Page 74, of the Public Records of Pinellas County, Florida; (4) The land bounded on the north by Dory Passage, on the south by Windward Passage, on the west by Larboard Way and on the east by Island Way. C. Relationship to underlying districts and other provisions of the Community Development Code. The designation of the Island Estates Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Medium Density Residential, Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional and Commercial Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. D. Minimum standard development for areas zoned LMDR/IENCOD. The following uses are Level One permitted uses in the LMDR/IENCOD District subject to the minimum standards set out in this section and other applicable provisions of Article 3. TABLE INSET:
(1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding one foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in the LMDR/IENCOD District should be 25 feet except as provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18feet from a seawall. E. Flexible standard development for areas zoned LMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. TABLE INSET:
(1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding one foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feetfrom a seawall. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.E.2. (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. Flexibility criteria: 1. Detached dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan. b. Front setback: i) A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; ii) The reduction in front setback will not adversely affect adjacent property values; iii) The reduction in front setback is consistent with neighborhood character; iv) The reduction in front setback results in an efficient house layout. c. Rear setback: i) The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or ii) The reduction in rear setback will allow the development or redevelopment of a substandard lot which would otherwise not be feasible; or iii) The reduction in rear setback results in an efficient house layout; and iv) The structures located within the rear setback otherwise required in the LMDR/IENCOD District are buffered with landscape material or fences to protect the privacy and value of adjacent properties. 2. Residential infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: intensity; other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 3. Utility/infrastructure facilities. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Island Estates neighborhood; c. No above ground structures are located adjacent to a street right-of-way; and d. Any above ground structure other than permitted telecommunications towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. F. Flexible development for areas zoned LMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. TABLE INSET:
(1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding one foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feetfrom a seawall. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.F.2. Flexibility criteria: 1. Detached dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Minimum lot size per dwelling of less than 7,500 square feet is an existing lot or a lot size of less than 7,500 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; c. The volume to lot size ratio of the structures to be developed on the lot is not more than ten percent greater than the average volume to lot size ratio of all existing structures located on the same local street and within a 700 feet radius of the lot; d. Front setback: i) The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; ii) The extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; iii) The reduction in front setback will not adversely affect adjacent property values; e. Rear setback: i) The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; ii) The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or iii) The reduction in rear setback will result in an efficient house layout. f. Side setback: The reduction in side setback will allow for the preservation of existing vegetation that could not otherwise be preserved. 2. Residential infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: intensity; other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G. Additional development standards for single-family areas zoned LMDR/IENCOD. 1. Parking on landscaped areas. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area; 2. Fences. a. Fences shall not exceed six feet in height between any portion of the principal structure and any side lot line; b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through); 3. Landscaping requirements. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan; and 4. Outdoor storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. H. Additional development standards for multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD and C/IENCOD. 1. Parking. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. 2. Fences. a. Fences shall not exceed six feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through.) 3. Landscaping requirements. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. 4. Outdoor storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. I. Additional development standards for areas zoned I/IENCOD. 1. Landscaping requirements. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. (Ord. No. 6981-02, § 1, 8-8-02; Ord. No. 7413-05, §§ 16, 17, 5-5-05) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||