GRANDFATHERED USES; CHANGING SUCH … Page 2 Section 1. The minimum number of parking spaces, required for ‘Assisted Living Facility’ inthe following zoning districts Section 16.10.020.1

ORDINANCE NO. 1029-G

AN ORDINANCE PROVIDING FOR THEAMENDMENT OF THE ST. PETERSBURGCITY CODE LAND DEVELOPMENTREGULATIONS; PROVIDING FOR NEWPERMITTED, ACCESSORY, SPECIALEXCEPTION, NONCONFORMING ANDGRANDFATHERED USES; CHANGING SUCHUSES IN CERTAIN ZONING DISTRICTS;AMENDING PARKING AND TEMPORARYPARKING REQUIREMENTS; ADDING ANDCHANGING DEFINITIONS; ADDINGINTERPRETATIONS; AMENDING BUILDINGDESIGN, BUILDING, SITE AND PARKINGLAYOUT AND ORIENTATIONREQUIRMENTS; STANDARDS FORDETENTION AND RETENTION PONDS ANDDRAINGAGE DITCHES, FENCE ANDDRIVEWAY REQUIREMENTS; MODIFYINGCERTAIN DEVELOPMENT STANDARDS FORDOCKS, SETBACKS, VEHICULAR USEAREAS, LIGHTING, LANDSCAPING;PROVIDING FOR RIGHT OF WAY WIDTHSAND SIDEWALK REQUIREMENTS;PROViDING FOR SOLAR COLLECTIONSYSTEMS AND ANCILLARY EQUIPMENT;AMENDING REQUIREMENTS FOR CERTAINAPPEALS, VARIANCES, MODIFICATIONSAND EXTENSIONS OF APPROVALS;PROVIDING FOR AMORTIZATION OFCERTAIN EXISTING TEMPORARY PARKINGLOTS; PROVIDING FOR LIMITATiONS ANDCONDITIONS FOR DEMOLITIONS OFSTRUCTURES IN CERTAIN ZONINGDISTRICTS; MAKING INTERNALLANGUAGE CONSISTENT; CODIFYINGINTERPRETATIVE LANGUAGE ANDCLARIFICATIONS; CORRECTINGTYPOGRAPHICAL, GRAMMATICAL ANDSCRIVENORS ERRORS; REMOVINGOBSOLETE LANGUAGE; AND PROVIDINGAN EFFECTIVE DATE.

THE CITY OF ST. PETERSBURG, FLORIDA, DOES ORDAIN:

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Section 1. The minimum number of parking spaces, required for ‘AssistedLiving Facility’ in the following zoning districts in Section 16.10.020.1 of the St. PetersburgCity Code are hereby amended to read as follows:

Traditional Tier from 2 spaces, plus 1 per 2 beds to 2 spaces, plus 1 per 4 beds(NT, CRT, CCT, IT)

Suburban Tier from 2 spaces, plus 1 per 2 beds to 2 spaces, plus 1 per 4 beds(NS, NSM, NSMH, NPUD,CRS, CCS, RC, EC, IC, IS)

Downtown Center from 2 spaces, plus 1 per 2 beds to 2 spaces, plus 1 per 4 beds(DC)

Section 2. The allowable uses for ‘Dwelling, Multi-Family’ in the followingzoning district (the use designation in all other zoning districts remains unchanged) in Section16. 10.020. 1 of the St. Petersburg City Code is hereby amended to read as follows:

IT from NC to G

Section 3. The definition for ‘Child Care Facility’ in Section 16.10.020.1 of theSt. Petersburg City Code is hereby amended to read as follows:

Any children’s center, day nursery, nursery school, kindergarten, or child foster homefor more than five children which holds a business tax receipt and certificate ofoccupancy for the premises. This category includes a children’s day care center whichis any place that provides care for more than five children unrelated to the operator butnot used as a place of residence. This definition does not include a family day carehome, any center under the jurisdiction of the state board of education or any nonpublicacademic school for children first grade or above (see Chapter 61-2681, Laws ofFlorida, as amended). (See Use Specific Development Standards)

Section 4. A new use, ‘Family Day Care Home’, is hereby added under the‘Citywide’ sub-heading in Section 16.10.020.1 of the St. Petersburg City Code including adefinition, allowable uses and minimum number of parking spaces required to read as follows:

[Definition]

Any occupied residence in which child care is regularly provided for five or lesschildren from at least two unrelated families and which receives a payment, fee or grantfor any of the children receiving care, whether or not operated for profit.

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[Use]

NT-i A CCS-1 ANT-2 A CCS-2 ANT-3 A CCS-3 ANT-4 A DC-C GNS-1 A DC-i GNS-2 A DC-2 GNS-E A DC-3 GNSM-1 A DC-P NCNSM-2 A RC-1 GNPUD-1 A RC-2 0NPUD-2 A EC GCRT-1 A IC/CRD GCRT-2 A IC/I 0CRS-l A IC/R/OG GCRS-2 A IC I TIU NCCCT-l A IT GCCT-2 A IS G

[Parking]

Minimum Parking Space, Traditional Tier no additional parking required(NT, CRT, CCT, IT)

Minimum Parking Space, Suburban Tier no additional parking required(NS, NSM, NSMH, NPUD,CRS, CCS, RC, EC, IC, IS)

Downtown no additional parking required(DC)

Section 5. The definition for ‘Retail Sales and Service’ in Section 16. 10.020. 1of the St. Petersburg City Code is hereby amended to read as follows:

Establishments selling goods to the general public, businesses and institutions forprofessional, personal and household consumption. Establishments may provide after-sales services, such as repair and installation, which are incidental to the sale of suchgoods. The display of merchandise and all retail and service transactions shall beconducted within a completely enclosed building(s). (See Use Specific DevelopmentStandards)

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Section 6. A new use, ‘Restaurant and Bar, Brewpub’, is hereby added underthe sub-heading ‘Commercial and Office Uses’ in Section 16. 10.020. 1 of the St. PetersburgCity Code including a definition, allowable uses and minimum number of parking spacesrequired to read as follows:

JDefinitionJ

Establishments that are primarily a restaurant and bar, but which include the brewing ofbeer as an accessory use. A brew pub produces only enough beer for consumption onthe premises or for retail carryout sale in containers commonly referred to as growlers.(See Use Specific Development Standards)

fUse]

NT-i G CCS-1 PNT-2 G CCS-2 PNT-3 G CCS-3 PNT-4 G DC-C PNS-1 G DC-i PNS-2 G DC-2 ANS-E G DC-3 PNSM-l G DC-P NCNSM-2 G RC-1 PNPUD- 1 G RC-2 PNPUD-2 G EC ACRT-1 G IC/CRD ACRT-2 SE IC/I PCRS-I G IC / R/OG NCCRS-2 G IC / T/U NCCCT-l P IT ACCT-2 P IS A

[Parking]

Minimum Parking Space, Traditional Tier 1 per 150 sf gfa(NT, CRT, CCT, IT)

Minimum Parking Space, Suburban Tier 1 per 150 sf gfa(NS, NSM, NSMH, NPUD,CRS, CCS, RC, EC, IC, IS)

Downtown 1 per 500 sf gfa(DC)

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Section 7. A new use, ‘Microbrewery’, is hereby added under the sub-heading‘Commercial and Office Uses’ in Section 16.10.020.1 of the St. Petersburg City Codeincluding a definition, allowable uses and minimum number of parking spaces required to readas follows:

[Definition]

Establishments that are primarily a brewery, which produce no more than 15,000barrels (465,000 US gallons I 17,602.16 hectoliters) of beer per year. Microbreweriessell to the general public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (breweracting as wholesaler to retailer to consumer); and, directly to the consumer forconsumption on the premises or for retail carryout sale. (See Use SpecificDevelopment Standards)

/ Use]

NT-i NC CCS-i PNT-2 NC CCS-2 PNT-3 NC CCS-3 PNT—4 NC DC-C SENS-1 NC DC-i SENS-2 NC DC-2 SENS-E NC DC-3 NCNSM-1 NC DC-P NCNSM-2 NC RC-l PNPUD - 1 NC RC-2 PNPUD-2 NC EC ACRT-1 G IC/CRD ACRT-2 G IC/I PCRS-i G IC / R/OG NCCRS-2 G IC I T/U NCCCT-1 SE IT PCCT-2 SE IS P

[Parking]

Minimum Parking Space, Traditional Tier i per 1,000 sf gfa; Additional(NT, CRT, CCT, IT) parking based on type of accessory

use

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Minimum Parking Space, Suburban Tier 1 per 500 sf gfa; Additional parking(NS, NSM, NSMH, NPUD, based on type of accessory useCRS, CCS, RC, EC, IC, IS)

Downtown 1 per 1,000 sf gfa; Additional(DC) parking based on type of accessory

use

Section 8. A new use, ‘Brewery’, is hereby added under the sub-heading‘Commercial and Office Uses’ in Section 16.10.020. 1 of the St. Petersburg City Codeincluding a definition, allowable uses and minimum number of parking spaces required to readas follows:

/Dejinition]

Establishments that are primarily a brewery, which produce more than 15,000 barrels(465,000 US gallons I 17,602.16 hectoliters) per year. A regional (small) brewerytypically has an annual beer production of between 15,000 and 6,000,000 barrels. Alarge brewery typically has an annual beer production of more than 6,000,000 barrels.(See Use Specific Development Standards)

/Use]

NT-i NC CCS-1 NCNT-2 NC CCS-2 NCNT-3 NC CCS-3 NCNT-4 NC DC-C NCNS-1 NC DC-i NCNS-2 NC DC-2 NCNS-E NC DC-3 NCNSM-i NC DC-P NCNSM-2 NC RC-1 GNPUD-1 NC RC-2 GNPUD-2 NC EC GCRT-l NC IC I CRD SECRT-2 NC IC I I NCCRS—1 NC IC I R/OG NCCRS—2 NC IC I T/U GCCT-1 NC IT PCCT-2 NC IS G

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[Parking]

Minimum Parking Space, Traditional Tier 1 per 1,000 sf gfa(NT, CRT, CCT, IT)


Downtown 1 per 1,000 sf gfa(DC)

Section 9. The allowable uses for ‘Laboratories and Research andDevelopment’ in the following zoning districts (the use designation in all other zoning districtsremains unchanged) in Section 16.10.020.1 of the St. Petersburg City Code are herebyamended to read as follows:

CRT-1 from NC to SECRT-2 from NC to SECRS-i from NC to SECRS-2 from NC to SECCT-1 from NC to SECCT-2 from NC to SECCS-1 from NC to SECCS-2 from NC to SEDC-2 from NC to SEIC / CRD from SE to PIC / R/OG from A to SE

Section 10. The definition for ‘Office, General’ in Section 16.10.020.1 of theSt. Petersburg City Code is hereby amended to read as follows:

Establishments where persons conduct business or carry on stated occupations. Theterm includes administrative, business and professional offices (including mental healthcounseling or treatment), radio and television studios, and governmental offices. The termdoes not include medical or dental offices.

Section 11. The definition, uses, and parking requirements for ‘ConvenienceStore with or without Fuel Pumps’ is hereby deleted from Section 16.10.020.1 of the St.Petersburg City Code.

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Section 12. A new use, ‘Gas or Fueling Station’, is hereby added under thesub-heading ‘Commercial and Office Uses’ in Section 16.10.020.1 of the St. Petersburg CityCode including a definition, allowable uses and minimum number of parking spaces requiredto read as follows:

[Definition]

Establishments that sell automotive fuels including, but not limited to, diesel fuel,gasoline, gasohol and ethanol. These establishments are typically composed of gas or fuelpumps, an overhead canopy and attendant shelter. These establishments may be provided incombination with other uses if allowed in the zoning district and shall comply with allapplicable Use Specific Development Standards. For example, convenience stores or foodmarts shall be reviewed as ‘retail sales and service,’ automobile repair shall be reviewed as‘motor vehicle service and repair,’ and an automated or manual car wash shall be reviewed as‘car wash and detailing.’

[UseJ

NT-i NC CCS-1 PNT-2 NC CCS-2 PNT-3 NC CCS-3 PNT-4 NC DC-C GNS-l NC DC-I GNS-2 NC DC-2 GNS-E NC DC-3 GNSM-1 NC DC-P NCNSM-2 NC RC-1 SENPUD - 1 NC RC-2 SENPUD-2 NC EC ACRT-l NC IC/CRD NCCRT-2 NC IC / I NCCRS-1 NC IC / R/OG NCCRS-2 NC IC / T/U NCCCT-l SE IT NCCCT-2 G IS A

[Parking]

Minimum Parking Space, Traditional Tier 1 per 300 sf gfa (spaces adjacent to(NT, CRT, CCT, IT) fuel pumps not included); Loading

area requiredMinimum Parking Space, Suburban Tier 1 per 200 sf gfa (spaces adjacent to

(NS, NSM, NSMH, NPUD, fuel pumps not included); LoadingCRS, CCS, RC, EC, IC, IS) area required

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Downtown 1 per 500 sf gfa (spaces adjacent to(DC) fuel pumps not included); Loading

area required

Section 13. The title of the use, ‘Nursery I Greenhouse’, in Section16.10.020.1 of the St. Petersburg City Code is hereby amended to read as follows:

‘Nursery’

Section 14. A new use ‘Commercial Garden and Greenhouse’ is hereby addedunder the sub-heading ‘Agricultural Uses’ in Section 16.10.020.1 of the St. Petersburg CityCode including a definition, allowable uses and minimum number of parking spaces requiredto read as follows:

/Deflnitionj

Establishment for the propagation, processing and storage of plants produced forwholesale or retail sales. Typical uses include, but are not limited to, growing beds,greenhouses, vertical farming and hydroponic systems.

[Use]

NT-i NC CCS-1 NCNT-2 NC CCS-2 NCNT-3 NC CCS-3 NCNT-4 NC DC-C NCNS-1 NC DC-i NCNS-2 NC DC-2 NCNS-E NC DC-3 NCNSM-1 NC DC-P NCNSM-2 NC RC-1 NCNPUD - 1 NC RC-2 NCNPUD-2 NC EC NCCRT-1 NC ICICRD NCCRT-2 NC IC/I NCCRS-i NC IC I RIOG NCCRS-2 NC IC I T/U NCCCT-1 NC IT SECCT-2 NC IS SE

[Parking]

Minimum Parking Space, Traditional Tier i per 1,000 sfgfa(NT, CRT, CCT, IT)

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Downtown 1 per 1,000 sf gfa(DC)

Section 15. Subsection 2 in the ‘Building and Parking Layout and Orientation’section and the ‘Vehicle Connections’ section in Section 16.20.010 of the St.Petersburg City Code is hereby amended to read as follows:

Building and Parking Layout and Orientation

All mechanical equipment and utility functions (e.g. electrical conduits, metersand HVAC equipment) shall be located behind the front façade line of the principalstructure. Mechanical equipment that is visible from the primary street shall bescreened with a material that is compatible with the architecture of the principalstructure.

Vehicle Connections

1. The following vehicle connection regulations are required for properties locatedwithin NT-2, NT-3 or NT-4 and are recommended for properties located withinNT-i. Access for new garages and driveways shall be designed to takeadvantage of the first available alternative in the following prioritized list:

a. Driveways and garage doors shall face the alley;

b. Where no alley exists, driveways and garage doors shall face the side streetand shall be restricted to the rear third (1/3) of the lot;

c. Where access via the rear third of the lot is not possible, driveways andgarage doors shall be permitted within the front two-thirds (2/3) of the lotfacing the side street;

d. In the absence of an alley and a side street, a single lane width curb cut anddriveway shall be allowed which shall be located to the side of the principalstructure. Parking shall be allowed only behind the front façade line of theprincipal structure.

2. Not more than one (1) curb cut shall be allowed for each property except asfollows:

a. Where the property is abutting a major street identified on the Future MajorStreets Map within the Comprehensive Plan; and

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b. Where in accordance with the access requirements of this section, the onlyavailable access point is from the major street; and

c. Where a circular driveway and second curb cut is necessary to permitvehicles to enter and exit the major street in a forward motion. Pursuant tothis section, a second curb cut shall only be approved for the purpose ofimproved traffic safety and shall not be approved for other ancillary uses,such as access to accessory parking spaces or the maneuvering of domesticequipment.

Section 16. Subsection 2 in the ‘Building and Parking Layout and Orientation’section in Section 16.20.020.12 of the St. Petersburg City Code is hereby amended to read asfollows:


All mechanical equipment and utility functions (for e.g. electrical conduits, meters, HVACequipment) shall be located behind the front façade line of the principal structure. Mechanicalequipment that is visible from the primary street shall be screened with a material that iscompatible with the architecture of the principal structure.

Section 17. Subsections 3 and 4 in the ‘Building and Parking Layout andOrientation’ section in Section 16.20.030.11 of the St. Petersburg City Code are herebyamended to read as follows:


3. All mechanical equipment and utility functions (e.g. electrical conduits, meters,HVAC equipment) shall be located behind the front façade line of the principalstructure. Mechanical equipment that is visible from the primary street shall bescreened with a material that is compatible with the architecture of the principalstructure.

4. Parking, detention and retention ponds, drainage ditches and accessory structures shallbe located behind the principal building to the rear of the property. Detention andretention ponds and drainage ditches shall comply with the design standards set forthin the Drainage and Surface Water Management Section.

Section 18. The Building and Parking Layout and Orientation in Section16.20.050.8 of the St. Petersburg City Code is hereby amended to read as follows:


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1. Planned Unit Developments shall relate to the development of the surroundingproperties. This means that for the perimeter of the development there shall beno internally oriented buildings where rear yards, and rear facades face toward astreet or the front façade of a building not in the development.


3. Parking, detention and retention ponds, drainage ditches and accessorystructures shall be located behind the principal building to the rear of theproperty. Detention and retention ponds and drainage ditches shall comply withthe design standards set forth in the Drainage and Surface Water ManagementSection.




6. Parking, detention and retention ponds, drainage ditches, and accessory structuresshall be located behind the principal building to the rear of the property. Detention andretention ponds and drainage ditches shall comply with the design standards set forthin the Drainage and Surface Water Management Section.



S. All mechanical equipment and utility functions (e.g. electrical conduits, meters,HVAC equipment) shall be located behind the front façade line of the principal structure.Mechanical equipment that is visible from the primary street shall be screened with a materialthat is compatible with the architecture of the principal structure.

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6. Parking, detention and retention ponds, drainage ditches, and accessorystructures shall be located behind the principal building to the rear of the property. Detentionand retention ponds and drainage ditches shall comply with the design standards set forth in theDrainage and Surface Water Management Section.



5. All mechanical equipment and utility functions (e.g. electrical conduits, meters,HVAC equipment) shall be located behind the front façade line of the principal structure.Mechanical equipment that is visible from the primary street shall be screened with a materialthat is compatible with the architecture of the principal structure.

6. Parking, detention and retention ponds, drainage ditches, and accessory structuresshall be located behind the principal building to the rear of the property. Detention andretention ponds and drainage ditches shall comply with the design standards set forth in theDrainage and Surface Water Management Section.

Section 22. The Building and Parking Layout and Orientation section in Section16.20.090.7 of the St. Petersburg City Code is hereby amended to read as follows:


1. New multi-building development shall relate to the development of thesurrounding properties. This means there shall be no internally orientedbuildings which cause rear yards or rear façades to face toward abuttingproperties.

2. All service areas and loading docks shall be located behind the front facade lineof the principal structure.

3. All principal structures shall be oriented toward the primary street. The first floorof big box buildings shall be edged with a use liner containing any pennitted use(e.g. retail, restaurant, residential) or the entire wall shall include architecturaldetails such as feriestration, large false (or real) display windows, natural finishesand other architectural features.


l029-GPage 14

5. Detention and retention ponds and drainage ditches shall be located behind theprincipal building to the rear of the property. Detention and retention ponds anddrainage ditches shall comply with the design standards set forth in the Drainageand Surface Water Management Section.

6. Parking areas shall be compartmentalized with islands as required by theGeneral Development Standards to reduce the overall scale of the parking area.Not more than 40 parking spaces shall be allowed between landscaped islands.

7. Parking lot location:

a. For Small Lots, no parking spaces shall be allowed between the principalbuilding and the primary street;

b. For Medium Lots, no more than a double row of parking spaces with asingle drive lane shall be allowed between the principal building and theprimary street; and

c. For Large Lots, parking spaces are allowed anywhere on the propertybut if placed to the rear of the property, provision shall be made to allowcurrent or future out-parcel development to comply with the small lot/outparcel design guidelines

8. Parking structures are encouraged to be internal to the site and to includearchitectural features related to the principal structure. A parking structure shallmeet the General Development Standards for parking structures.

Section 23. The Building and Parking Layout and Orientation section in Section16.20. 100.7 of the St. Petersburg City Code is hereby amended to read as follows:


1. All mechanical equipment and utility functions (e.g. electrical conduits, meters,HVAC equipment) shall be located behind the front façade line of the principlestructure. Mechanical equipment that is visible from the primary street shall bescreened with a material that is compatible with the architecture of the principlestructure.

Section 24. The Building and Parking Layout and Orientation section in Section16.20.110.6 of the St. Petersburg City Code is hereby amended to read as follows:


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I. All mechanical equipment and utility functions (e.g. electrical conduits, meters,HVAC equipment) shall be located behind the front façade line of the principlestructure. Mechanical equipment that is visible from the primary Street shall bescreened with a material that is compatible with the architecture of the principlestructure.

Section 25. Subsection 4 of the Site Layout and Orientation section andSubsection 4 of the Parking Structures and Surface Parking Lots section in Section16.20. 120.8 of the St. Petersburg City Code is hereby amended to read as follows:

Site Layout and Orientation

4. Detention and retention ponds and drainage ditches shall be located behind theprincipal building to the rear of the property. Detention and retention ponds anddrainage ditches shall comply with the design standards set forth in the Drainageand Surface Water Management Section.

Parking Structures and Surface Parking Lots

3. The ground level of all parking structures located within the Downtown Center-Core (DC)1 and the ground level of all parking structures located within anyDowntown Center (DC) zoning district abutting Beach Drive or Central Avenue, shallhave non-residential, non-vehicular uses with a minimum average depth of at least 40feet on all streets, excluding alleys. For all other locations, the ground level of allparking structures shall have non-residential, non-vehicular uses with a minimumaverage depth of 20 feet on all streets, excluding alleys and vehicular entry areas.



3. All mechanical equipment and utility functions (e.g. electrical conduits, meters, 11VACequipment) shall be located behind the front façade line of the principal structure.Mechanical equipment that is visible from the primary street shall be screened with amaterial that is compatible with the architecture of the principal structure.

Section 27. Subsection 2 in the ‘Building and Parking Layout and Orientation’section in Section 16.20. 140.7 of the St. Petersburg City Code is hereby amended to read asfollows:


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2. All mechanical equipment and utility functions (e.g., electrical conduits, meters,HVAC equipment) shall be located behind the front façade line of the principal structure.Mechanical equipment that is visible from the primary street shall be screened with a materialthat is compatible with the architecture of the principal structure.




Section 29. The caption of Section 16.40.030.10, and subsection B thereof, ofthe St. Petersburg City Code are hereby amended to read as follows:

16.40.030.10 Design Standards for Detention Ponds, Retention Ponds and DrainageDitches

B. Stormwater management facilities such as detention or retention ponds ordrainage ditches shall conform to the following standards:

1. Location. Detention or retention ponds or drainage ditches locatedwithin a NSM, NPUD, DC, CCT, CCS, CRT or CRS zoning districtshall be located behind the principal building to the rear of the propertyor buried underground:

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a. Where the topographical conditions or hydrology of a particular siteprevents use of an underground vault and design constraints requirethe use of an alternative surface location, information shall beprovided to the POD identifying the special conditions andcircumstances that prevent compliance. A waiver to this locationalrequirement may be approved based on a determination by the PODthat the waiver is supported by the technical data. The POD’s finaldetermination may be appealed to the Development ReviewCommittee.

2. Retaining Walls. Retaining walls shall comply with the following:

a. Retaining walls for a surface stormwater management system areprohibited within the DC, CCT, CCS, CRT or CRS zoning districts,however, where the hydrology or specific conditions of a siterequires use of a retaining wall, information shall be provided to thePOD identifying the special conditions and circumstances thatprevent compliance. A waiver to this requirement may be approvedbased on a determination by the POD, that the waiver is supported bythe technical data. The POD’s final determination may be appealedto the Development Review Commission.

b. All retaining walls shall be constructed of decorative masonry block,including but not limited to, split-face CMU’s.

3. Fencing. Any fence or wall (not including retaining walls) shall complywith the requirements of the Fences, Walls and Hedges Section and thefollowing:

a. For detention or retention ponds or drainage ditches which are visiblefrom a major street, or which are located within a DC, CCT, CCS,CRT or CRS zoning district, fences and walls shall be decorative orvinyl coated chain link (including stands, poles and rails);

b. All fencing shall be located behind the landscaping required by theLandscaping Section;

c. A gate shall be provided to allow access for general maintenancepurposes.

Section 30. Section 16.40.040.3(5) C of the St. Petersburg City Code is herebyamended to read as follows:

C. Design Standards

1. All fences and walls shall comply with the architectural, design, andlandscaping requirements of this code.

2. All fences and walls shall be installed with the finished side facingtowards the exterior or adjoining properties and rights-of-way (excludingalleys). For fences and walls between adjoining properties, thisrequirement may be waived by the POD upon approval by the adjoiningproperty owners, whose written approval shall be signed oracknowledged before a notary.

3. Barbed wire is prohibited at 1) any residential use; 2) any mixed-usehaving a residential component; 3) any residentially-zoned property(regardless of its developed use); 4) any property zoned DC or CCT-2;and 5) on any property within ten (10) feet of any property zoned ordeveloped with a residential use. Barbed wire shall be oriented towardthe interior of the property and included in the overall fence heightmeasurement. Barbed wire is prohibited on any fence within a yardalong a major street.

4. On properties (excluding industrial, single-family, and duplex uses)visible from any major Street, fences and walls shall be decorative orvinyl-coated chain-link (including stands, poles, and rails). Fences whichare screened by required landscaping shall be exempt from the decorativeor vinyl-coated fencing requirement.

H-H

“

,qcie in cpacW

Post Detail

5. All fences except chain-link fences shall have upper and lower railsbetween posts. A chain-link fence shall have a top rail.

6. Fences and walls shall comply with the design requirements establishedfor the zoning district.

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included in cpacity’ 6”

decoracUve capsOn posts are notincluded in caicciaSon

see detail open area

1029-GPage 19

7. Fences and walls shall be consistent in style and design within anyproperty (e.g. same design in front yard or rear yard), and for yardsabutting streets (e.g. same or compatible design and style for both frontand street side yards for corner lots). Fences and walls shall becomprised of no more than three (3) materials for panels, posts, rails,columns, and other elements within all yards of any property. Fencesand walls in side, rear, and waterfront yards may be comprised of adifferent material(s) than that used in the front yard.

8. Fences and walls shall be designed and installed as follows.

a. Fences shall be designed in accordance with industry standard formssuch as: stockade, board-on-board, shadowbox, tongue-and-groove,picket, split rail and chain link. An alternative form may be approvedwhere the POD finds that the proposed form complies with the intentof the provisions of this section and that the form requested is at leastthe equivalent to the industry standard in quality, strength,effectiveness, fire resistance, durability and safety.

b. The term building materials shall mean industry standard materialsnormally manufactured for, used and recognized as fencing materialssuch as: wrought iron, aluminum or other decorative metals suitablefor the construction of fences, masonry, concrete, stone, galvanizedand vinyl-coated chain link, wood planks or pickets, and vinyl orcomposite manufactured specifically as fencing materials. Analternative material may be approved where the POD finds that theproposed material complies with the intent of the provisions of thissection and that the material requested is at least the equivalent of theindustry standard in quality, strength, effectiveness, fire resistance,durability and safety.

9. Fences and walls greater than 100 feet in length shall be articulated bycolumns or other visual breaks measuring at least two (2) feet in widthand spaced no more than 24 feet apart. Landscaping shall be provided inaccordance with the Landscaping and Irrigation Section. This designstandard shall apply for any portion of a qualifying fence or wall facing aright-of-way (excluding alleys.)

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10. The attachment of fabric, shade cloth or other material to a chain link orsimilar open fence is prohibited except as provided herein. Fabric, shadecloth or other material is not a permitted method for required screeningof outdoor storage areas. Fabric, shade cloth or other material may beinstalled to create a wind barrier for athletic courts or similar situationssubject to the following conditions: a. Professional installation isrequired by a licensed contractor; b. The proposed material shall bedesigned to withstand wind resistance with commercial grade seams andattached at grommets designed in a manner consistent with buildingregulations.

11. It shall be unlawful for any person to construct, maintain, place, installor allow or cause to be constructed, maintained, placed or installed on orabout any structure or property any fence, barrier, partition, obstructionor similar structure that is electrically charged or connected with anyelectrical source in such a manner as to transmit an electrical charge topersons, animals or things which come in contact therewith.

Section 31. Section 16.40.060.2.1.l.D.4 of the St. Petersburg City Code ishereby amended to read as follows:

4. Vehicular use landscaping/screening requirements. Vehicular use areas shall meetthe following additional requirements:

a. Perimeter parking lot landscaping. A minimum of one shade tree per 35 linearfeet (or portion thereof) shall be planted around the perimeter of vehicular useareas. A continuous hedge comprised of shrubs planted not more than 30 incheson center shall be planted around the perimeter of the vehicular use area. Thepervious area for perimeter parking lot landscaping shall be at least five (5) feetin width, measured from the inside of the curb, sidewalk or other paved surfaceabutting the pervious area. Additional landscaping shall not be required for theperimeter parts of the vehicular use area adjacent to the building.

(1) Properties located within the GR7 CCT and DC’-] — DC’-3 districts.Parking lots or portions of parking lots not visible from the streets excludingalleys shall not be required to install perimeter landscaping. Where a parkingspace is designed perpendicular to the streets, excluding alleys, such that thefront of the space requires the headlights to shine onto the streets a 4-foothigh solid masonry wall or decorative wood or vinyl fence shall be erected.

Section 32. Section 16.40.070.4.A.l of the St. Petersburg City Code is herebyamended by removing the existing graphic and replacing it with the graphic shown herein andthe remainder of subsection A is hereby amended to read as follows:

16.40.070.4 Generally

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A. All outdoor lighting shall be designed and installed to prevent glare and lighttrespass on abutting property.

1. Full cut-off lighting fixtures. Where outdoor lighting is proposed forinstallation, full cut-off lighting fixtures are required for all outdoorwalkway, parking lot, canopy and building/wall mounted lighting, and alllighting located within those portions of open-sided parking structures thatare above ground. Lights that are properly installed in an architectural space(such as under a porch roof or a roof overhang) and that provide thefunctional equivalent of a full cut-off fixture need not use full cut-offfixtures.

___j. .

2. Setback or shielding requirement. Where a multi-family dwelling of three(3) or more units or a non-residential use abuts property that is residentiallyzoned or has a dwelling of one (1) or two (2) units, all outdoor lightingfixtures shall be setback the minimum distance from the nearest lot line or“house-side shielding” shall be used on the residential property side of thelighting fixture as shown in the following diagram. A house-side shieldconsists of a visor or shielding panel that attaches to a lighting fixture. Thisprovision is applicable for both light poles and lighting fixtures mounted onthe side or top of a building or structure.

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Setback or Shielding Requirements

3. Screening. Where a multi-family dwelling of three (3) or more units ora non-residential use abuts property that is in a residential zoning districtor has a dwelling of one (1) or two (2) units, fences and walls shall beconstructed, sized and located so that no head-lamp or tail-lamp from amotor vehicle is visible from a first floor window located within theresidential district or on the dwelling unit. Fences and walls shall complywith the Fences and Walls Section.

4. Sign lighting. Lighting fixtures used to illuminate an outdoor advertisingsign shall be mounted on the top or above the sign structure. Outdooradvertising signs of the type constructed of translucent materials and whollyilluminated from within do not require shielding. Dark backgrounds withlight lettering or symbols are preferred, to minimize detrimental effects.

Section 33. Section 16.40.090.3.3.6 of the St. Petersburg City Code is herebyamended to read as follows:

16.40.090.3.3 Development Standards for Private One and Two-Family Properties

6. Dimensions. Parking spaces shall be located completely on private property toprevent vehicles from overhanging into and obstructing the public right-of-way.

H

Shield not required if height (H>is less than 2 times the distance

(D) from the pmpetty me

If height (H> is greater than 2Cpropehytimes the distance (0)0 the line

ddjEicent properly fine then lighthfure mast be shielded.

e. Ziming specific criteria.

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1. When a property is located within a Neighborhood Traditional (NT) zoningdistrict, any new, reconstructed or reconfigured driveway shall be no widerthan 20 feet within the property boundaries, 12 feet as the driveway crossesthe property line and 16 feet at the curb, which includes a 2 feet by 7 feettriangular flare. Circular driveways within the front or street side yards areprohibited, except as otherwise allowed by the building design standards ofthe zoning district.

2. When property is located within a Neighborhood Suburban (NS) zoningdistrict, one driveway (inclusive of one portion of a circular driveway thatextends to the curb) shall be no wider than 20 feet within the propertyboundaries, 20 feet as the driveway crosses the property line and 26 feet atthe curb. All additional driveways (inclusive of one portion of a circulardriveway that extends to the curb) shall be no wider than 14 feet within theproperty boundaries, 14 feet as the driveway crosses the property line and20 feet at the curb. See also dimension requirements for CircularDriveways.

Section 34. Subsections 16.40.090.3.6.A.2.b and d of the St. Petersburg CityCode are hereby amended to read as follows:

16.40.090.3.6 ‘Parking, Surface, Accessory’ Within Any ‘Neighborhood’ ZoningDistrict

b. An identifiable, decorative and lighted pedestrian connection shall beprovided between the parking lot and the principal use.

* * * * * * d. Asolidmasonry wall or decorative vinyl fence shall be erected where the parking lot abuts“Neighborhood” districts and residential uses. The wall shall be at least five (5)feet in height.

Section 35. Sections 16.40.090.3.9 and 16.40.090.3.10 of the St. PetersburgCity Code are hereby amended to read as follows:

16.40.090.3.9. - Temporary Parking Lots in DC Zoning Districts East of 3 St. and allZoning Districts between the Interstate and 3d St. from Feeder to Feeder.

A. New temporary parking lots are a prohibited use on property in a DC zoningdistrict east of 3 Street and on property in any zoning district between 3 Streetand Interstate-275 and between lnterstate-175 and Interstate-375, excluding theTropicana Field temporary parking area.

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B. Existing temporary parking lots in the DC zoning districts east of 31 Street shallbe deemed unlawful as of May 16, 2010, unless the property:

1. Has or obtains an approved site plan for the development of the site, and2. The temporary lot is in conformance with all other applicable standards,including the design standards of this section, prior to this expiration date.

No extension to this date shall be granted for these existing temporary parkinglots. For these existing temporary parking lots with an approved site plan, thetemporary parking lots use shall be lawful until June 18, 2017 as long as thetemporary parking lot continues to comply with the design standards in thissection and any other special conditions of approval related to corner andperimeter landscaping, wheelstops, lighting, drainage and surface condition.

C. Existing temporary parking lots located between 3’’ Street and Interstate — 275and between Interstate — 175 and Interstate — 375 which are outside theTropicana Field temporary parking area shall be deemed unlawful as of March1, 2012, unless the property:

1. Has or obtains an approved site plan for the development of the site and

2. The temporary lot is in conformance with all other applicable standards,including the design standards of this section, prior to this expiration date.

No extension to this date shall be granted for these existing temporary parkinglots. For these existing temporary parking lots with an approved site plan, thetemporary parking lot use shall be lawful until April 2, 2019 as long as thetemporary parking lot continues to comply with the design standards in thissection and any other special conditions of approval related to corner andperimeter landscaping, wheelstops, lighting, drainage and surface condition.

D. Temporary parking lots are allowed when located within the Tropicana Fieldtemporary parking area which is not associated with Tropicana Field. Suchtemporary parking lots are a prohibited use on property in a DC zoning districtabutting, or across an alley from, a property with an existing residential use or aproperty with an unexpired site plan approval for a residential use. Suchtemporary parking lots shall meet the following conditions:

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1. General regulations. The POD may approve temporary parking lots that are

not part of a site plan or special exception subject to DRC review. Suchapproval shall be subject to the times for duration of approvals. When theapproval, and any extension thereof, expires the temporary parking lot shallconform to the regulations for permanent parking lot, or cease being used asa parking lot, or cease being used as a parking lot where surface parking lotsare not permitted as a principal use. Where a temporary parking approvalhas expired, all vehicle entrance(s) shall be modified to prevent access onto

the property, such as with bollards, barricades, chain or similar method, anda sign shall be posted at each vehicle entrance stating that no parking isallowed.

2. Design standards.

a. The applicant shall submit a scaled plan showing parking layouts, trafficlanes, ingress/egress and landscaping and a maintenance plan whichincludes provisions for trash removal, erosion management, andlandscape maintenance. The temporary lot shall conform to the plan andthis Section.

b. A five-foot perimeter landscape buffer shall be provided along streetsexcluding alleys. The buffer strip shall be protected from impacts byvehicles and shall provide for landscaping as required for vehicular useareas in the Landscaping and Irrigation Section. A landscape featureshall be provided at all street corners. Each corner landscape featureshall be a minimum 100 square feet and shall be densely planted withtrees, tall shrubs, low shrubs and ground cover to meet the plantingstandards provided in the landscaping and irrigation section.

c. A masonry wall or decorative wood or vinyl fence which shall be stainedor painted and not less than five feet in height, shall be erected whenparking areas are across an alley from a residential use.

d. Surface shall include grass, shell or gravel or other similar surface.Drive aisles may be required to be grass, shell, gravel or other similarsurface. Where a grass surface is used, if the grass parking spaces arenot maintained in a clean and neat manner or the grass is not alive, thePOD may require the property owner to pave the spaces in accordancewith City standards.

e. The landscaping shall be watered through an automated irrigation systemor other acceptable watering system or program.

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f. Each parking space shall have a wheel stop to define the parking spacelocation. Striping may be provided on paved surfaces to define theparking space location in lieu of wheel stops. Wheel stops and stripingshall be located so that no vehicles overhang lot lines or drive aisles.

g. The lot shall meet all drainage standards required by City Code or otherregulatory authority.

h. Parking lot layout and dimensions shall conform to this Section.Driveway aprons on City right-of-way shall be constructed in accordancewith City specifications.

i. All handicapped parking spaces shall be accessible, paved and complywith all regulatory requirements.

j. All temporary parking lots shall post a sign at the entrance whichidentifies the temporary parking lot and the number of permitted spaceswithin the lot. Such sign shall be of a type approved by the POD.

k. For temporary parking lots in the DC zoning districts, the POD shallconsider the impacts of hours of operation of the lot upon residential usesand may impose any reasonable condition on an approval, includinglimiting the hours of operation to reduce impacts.

1. Failure to maintain any design standard or any violation of a maintenanceplan shall be a violation of the City Code.

16.40.090.3.10. - Temporary Parking Lots Not in a DC Zoning District.

For properties not in a DC zoning district, (including those within the Tropicana Fieldtemporary parking area which are not in a DC zoning district and not associated withTropicana Field), temporary parking shall be allowed subject to the followingconditions:

1. The property shall meet all the design guidelines set forth in this subsection fortemporary parking lots.

2. The property shall meet the following additional design guideline which shall be thata five foot wide perimeter landscape buffer shall be provided along all abuttingstreets (not alleys) which shall be protected by wheel stops. The landscape buffershall consist of a continuous hedge with one shade tree every 35 linear feet, orportion thereof. An automated irrigation system or other acceptable watering systemshall be provided.

3. Temporary parking shall not replace any required parking. Such approval shall besubject to the times for duration of approvals.

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Section 36. Section 16.40.090.3.4.B.2 of the St. Petersburg City Code ishereby amended to read as follows:

16.40.090.3.4 Development Standards for All Other Uses

B. 2. Access.

a. All parking areas shall be designed to allow vehicles to enter and exit the streetin a forward motion except where parking is provided abutting an alley.

b. The POD shall approve the location of entrance and exit points. Acceleration-deceleration lanes may be required if, based upon review of on-street trafficvolumes, posted speed limits, pedestrian safety, sight distance, and trafficcontrol medians, they are necessary for vehicular safety.

c. Entrance and exit points are discouraged from being located directly across froma dwelling with one or two units. Where an entrance or exit point is locateddirectly across from a dwelling with one or two units, mitigation of thevehicular impacts may be required including, but not limited to, automatedgates, restricted access times and landscape enhancements.

d. Where a drive lane intersects a sidewalk located within the adjoining publicrights-of-way, the sidewalk shall be delineated with expansion joints orcontrasting surface materials.

Section 37: Section 16.40.090.5.2 of the St. Petersburg City Code is herebyamended to read as follows:

Section 16.40.090 - Parking and Loading, Design Standards

16.40.090.5.2 Design Standards

A. Location. In no case shall the use of a loading space or berth hinder the movement ofvehicles and pedestrians over a street, alley or sidewalk.

B. Dimensions.

1. Loading space. Shall be the width and length of a standard parking space.

2. Loading berth for local delivery trucks. Shall have a minimum width of 10 feet,minimum length of 25 feet and a minimum vertical clearance of 16 feet abovefinished grade.

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3. Loading berth for semi-trailers. Shall have a minimum width of 10 feet, minimumlength of 60 feet and a minimum vertical clearance of 16 feet above finished grade.

C. Screening. A solid masonry wall or decorative wood or vinyl fence shall be erectedwhere a loading berth or space is located directly across a street from a dwelling withone or two units. Where a loading space or berth is located directly across from adwelling with one or two units, mitigation of the vehicular impacts may be requiredincluding, but not limited to, restricted loading and unloading times and landscapeenhancements.

Section 38. Section 16.40.140.4.1 .E of the St. Petersburg City Code is herebydeleted and replaced with a new subsection E to read as follows:

16.40. 140.4.1 Streets

E. Rights-of-way widths. Street rights-of-way shall be not less than the followingrespective width when dedicated:

Minimum Right-of-Way Width Requirements for Major and Local Streets (infeeti

TotalFunctional RequiredFuture Lane Arrangement ROWFacility Type Classification See See Note 7Note 7 Width

(Rounded)

Six-Lanes, Divided 120’ArterialFour-Lanes, Divided 100’

Six-Lanes, Divided 120’Four-Lanes, Divided orTWLT

Urban Four-Lanes, Undivided or 80’One-WayCollector Three-Lanes, Undivided or 80’One-Way

Two-Lanes, Divided or 80’TWLTTwo-Lanes, Undivided orOne WaySix-Lanes, Divided 200’

ArterialFour-Lanes, Divided 150’

Suburban Six-Lanes, Divided 200’

Collector Four-Lanes, Divided 150’

Two-Lanes 95’Urban and Conmiercial

60’Suburban Service Street

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NOTES:

Local StreetLocal Street, Culde—sac

i. Urban facilities are located south of Gandy Boulevard. Suburban facilitiesinclude Gandy Boulevard and roads further north;

2. TWLT lane is a two-way left-turn lane;. FDOT’s “District 1 ETDM Quick Start Handbook, Appendix A, Typical

Roadway Sections” was the primary source for right-of-way widths;4. Travel lanes on all major roads are required to be 12 feet wide;5. Additional right-of-way width for parking, right turn lanes and dual or triple

left turn lanes may be required;6. The functional classification and future lane arrangement of the major

streets shown on this table arc required by the Future Major Streets map (Map20) and Future Land Arrangement map (Map 21) of the Comprehensive Plan.

Section 39.amended to read as follows:

Section 16.40.140.4.2A of the St. Petersburg City Code is hereby

16.40.140.4.2 Sidewalks

A. Sidewalks are required on both sides of all major arterial and collector streets,as identified on the Future Major Streets map and on properties located withinthe following zoning districts: NT. CRT. CCT. IT. DC, RC and IC/CRD.Sidewalks shall only be required on the north and west sides of all other streets.Sidewalk widths shall be not less than the following:

Along arterial and collector streets 6’

Along other streets4 *

in residential and industrial zones

Along other streets,5, *

in commercial and office zones

Pedestrian crosswalks 4’

Downtown Center (DC) zoning districts at least 10’

* All sidewalks abutting curbs shall be six (6) feet

Section 40. Section 16.40.150.2.2 of the St. Petersburg City Code is herebyamended to read as follows:

16.40.150.2.2 Factors for evaluation of permit application

After an application is filed to remove a tree, a permit may be issued if one or more of thefollowing criteria is met:

1029-GPage 30

1. The tree is located in an area where a structure or improvements will be placedaccording to an approved plan;

2. The tree is located in an area which serves as the access point for a structure orimprovement according to an approved plan, or is located in an area which presentsan imminent hazard to an existing or proposed structure;

3. The tree is diseased, injured, or in declining condition with no reasonable assuranceof regaining vigor; or

4. The tree is within a site which has sufficient trees protected by this section andremoval of the tree will not adversely impact the abutting properties.

5. Tree removal is reasonably necessary to allow solar access for the efficientoperation of solar dependant technologies including solar collection and solar hotwater systems. The applicant shall provide supporting documentation from a solarcollection and solar hot water system installer, or other credible source, such as agovernment agency with expertise in solar dependent technologies or an architect orengineer registered to practice in the State of Florida, confirming there is nopracticable trimming or location alternative.

Section 41. Section 16.50.020 of the St. Petersburg City Code is herebyamended to read as follows:

Section 16.50.020 - Accessory Structures and Ancillary Equipment

Sections:

16.50.020.1 Applicability16.50.020.2 Purpose and Intent16.50.020.3 Establishment16.50.020.4 Development Standards16.50.020.4.1 Accessory Storage Structure16.50.020.4.2 Ancillary Equipment

16.50.020.1 Applicability

This Section shall apply to any building, structure or equipment that is subordinate andincidental to the lawful principal use of the building or premises and customarily found inconnection with the principal use.

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16.50.020.2 Purpose and Intent

The purpose and intent of this Section is to recognize and mitigate the impacts associated withaccessory buildings, structures and equipment while allowing reduced setbacks according tospecific standards.

16.50.020.3 Establishment

Accessory structures and ancillary equipment shall be allowed as provided in the Matrix: UsePermissions and Parking Requirements and shall be subject to the development standards of thezoning district, the General Development Standards, and this section.

1. Accessory structures shall not be established on a lot unless a lawful principal useexists.

2. Establishment of an accessory structure and installation of ancillary equipment shall besubject to the Honda Building Code.

16.50.020.4 Development Standards

16.50.020.4.1 Accessory Storage Structure

Within Neighborhood districts, one (1) accessory storage structure (typically a pre-constructedshed) shall be allowed, as provided in the Setbacks Section, so long as it complies with all ofthe following criteria. Structures that do not comply with all of the following criteria shallcomply with the setbacks for the zoning district.

1. Size and Height. The structure shall not exceed 100 square feet in area and ten (10)feet in height.

2. Anchoring. The structure shall be properly anchored to resist wind and otherforces.

3. Utility Easements. If a structure is secured to the ground by a foundation and notcapable of being moved intact, no portion of the structure shall encroach into autility easement.

4. Right-of-Way and Access Easements. No structure shall encroach into a right-ofway or private access easement.

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5. Use Restrictions. The structure shall only be utilized for storage and shall not beused for operation of mechanical equipment.

6. Additional Structures. Any additional accessory storage structures, regardless ofsize or type, shall comply with the setbacks for the zoning district.

7. Street Side and Waterfront Yards. The structure shall not be located in street sideor waterfront yards. Where such yards exist, the structure shall comply with thesetbacks for these yards for the zoning district.

a. For accessory storage structures on waterfront lots in the NS-1 district, see thedistrict regulations for additional requirements for interior yards.

8. Special circumstances for storage structure from front property line. On a throughlot which meets the width, depth and area requirements for a lot in that zoningdistrict, if one front yard has a solid, not less than five-foot high, decorative wall orfence which allows no vehicular access through that front yard, one accessorystorage structure is allowed no more than 10 feet from the front property line.

9. Design Standards. Where an accessory storage structure is located within the rearone-third (1/3) of a property, 200 square feet or less in gross floor area, 10 feet orless in overall height to the top of roof peak, and screened by a solid masonry wallor decorative wood or vinyl fence measuring six (6) feet or more in height, theaccessory storage structure is exempt from the requirement to utilize thearchitectural style and construction materials of the existing principal structure.

16.50.020.4.2 Ancillary Equipment

A. For the purposes of this section, ancillary equipment’ means:

1. Standard equipment such as air conditioning compressors, central heatingequipment, swimming pooi and spa pumps and filters, lawn irrigation pumps,propane tanks, and similar equipment listed in the Setbacks, AllowableEncroachments Section; and,

2. Renewable energy devices and other sustainable development technologiesincluding, but not limited to, solar photovoltaic (pv) panels, solar hot water, solarpool heaters, tankless water heaters, geothermal heat pumps, gray-water systemsand rainwater harvesting devices, such as rain barrels and cisterns.

B. Development Standards Within Traditional and Suburban Zoning Districts. Ancillaryequipment in traditional and suburban zoning districts shall comply with the following:

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1. Setbacks shall comply with those listed in the Setbacks, Allowable Encroachments

Section;

2. The base of ground-mounted equipment shall not exceed one foot above ground

level or, in flood zones, one foot above the minimum base flood elevation required

by City Code for flood protection;

3. Existing equipment that was lawfully installed in a nonconforming location shall be

permitted to be replaced with equipment of a reasonably equivalent or lower

industry rating or performance standard.

4. The sides of any new or replacement equipment facing or visible from a street,excluding alleys, shall be landscaped as required in the Landscaping and IrrigationSection, except that equipment installed above the first floor.

C. Development Standards Within All Other Districts. In all other zoning districts,ancillary equipment shall comply with the following:

1. Where a nonresidential use abuts another nonresidential use, no setback shall berequired.

2. Where a nonresidential use abuts a residential use or zoning district, ancillaryequipment shall be subject to a setback equal to one-half of the setback required forthe principal building.

3. All ancillary equipment shall be shielded from view from the adjacent propertiesand streets, excluding alleys, by a solid enclosure such as a fence or wall. Fencesand walls shall be subject to the height restrictions and design standards of thezoning district.

D. Development Standards Within All Districts.

1. Roof-mounted solar photovoltaic (pv) panels and solar devices, including flat-plate,integral and evacuated-tube collectors, and other sustainable developmenttechnologies, associated mounting hardware and conduit shall be installed in alocation that is the least visible from streets, excluding alleys, where technicallyfeasible.

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Roof-mounted solar photovoltaic (pv) panels and solar devices, including flat-plate,integral and evacuated-tube collectors, and other sustainable developmenttechnologies, associated mounting hardware and conduit shall be setback from theedge of a flat roof to minimize the visibility from the centerline of the abuttingstreets, excluding alleys, where technically feasible.

I lorizontal Tilt Installation Vertical Tilt Installation

b. Tilt-mount solar photovoltaic (pv) panels shall be installed horizontally, orparallel to the roofline, to minimize their impact on the character of the hoststructure and surrounding neighborhood, where technically feasible.

2. Solar photovoltaic (pv) panels and solar devices, including flat-plate, integral andevacuated-tube collectors, and other sustainable development technologies,associated mounting hardware and conduit, which are permitted along a street-facing façade, shall not block the visibility of character defining elements such asdoors, windows and other significant architectural features, where technicallyfeasible.

3. Reflection angles from solar collection surfaces shall be oriented away fromneighboring windows. If glare from reflective surfaces reflects onto neighboringwindows or creates a safety concern for vehicles in a street, then the use of a nonreflective surface or the installation of artificial or natural screening may berequired to mitigate glare,

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Section 42. The St. Petersburg City Code is hereby amended by adding a newSection 16.50.045 titled “Brewery, Microbrewery and Brewpub” to read as follows:

Section 16.50.045 — Brewery, Microbrewery and Brewpub

Sections:

16.50.045.1 Purpose16.50.045.2 Applicability16.50.045.3 Establishment16.50.045.4 Use-Specific Development Standards16.50.045.4.1 Brewpub16.50.045.4.2 Microbrewery16.50.045.4.3 Regional (Small) and Large Brewery

16.50.045.1 Purpose

Due to economies of scale in production, distribution, marketing and advertising, national andsuper-regional breweries have dominated the beer industry for decades. These large-scaleproduction facilities are traditionally assigned to industrial zoning classifications. Starting inthe 1980’s, local, independent breweries emerged as a competitive market segment within thebeer industry and by the turn of the twenty-first century, the increased demand for smallproduction facilities and mixed-use concepts began to reshape certain expectations about thepotential impacts of this land-use type when developed on a smaller scale. The purpose of thisSection is to recognize the emergence of this specialized market segment and establishappropriate standards allowing for the typical range of activities, while mitigating anyassociated, undesirable impacts.


A. This Section shall apply to brewery, microbrewery and brewpub uses. Breweries aregenerally divided into four (4) distinct market segments: brewpub, microbrewery,regional (small) brewery and large brewery.

B. This Section does not apply to temporary or special events authorized by other sectionsof this chapter.


Brewery, including regional (small) and large, microbrewery and brew pub uses shall beallowed as provided in the Matrix: Use Permissions and Parking Requirements Matrix andParking Matrix and shall comply with the development standards of the applicable zoningdistrict, General Development Standards and this section.

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16.50.045.4 Use-Specific Development Standards

16.50.045.4.1 Restaurant and bar, Brewpub

A. In addition to the development standards of the zoning district, applicable GeneralDevelopment Standards and where applicable, Use Specific Development Standards fora ‘restaurant and bar, indoor,’ ‘restaurant and bar, indoor and outdoor’ or ‘restaurantand bar, accessory outdoor area,’ an establishment that meets the definition of abrewpub shall comply with the following:

L Revenue from food sales shall constitute more than 50 percent of the total businessrevenues;

2. No more than 50 percent of the total gross floor area of the establishment shall beused for the brewery function including, but not limited to, the brewhouse, boilingand water treatment areas, bottling and kegging lines, malt milling and storage,fermentation tanks, conditioning tanks and serving tanks;

3. Where permitted by local ordinance, state and federal law, retail carryout sale ofbeer produced on the premises shall be allowed in specialty containers holding nomore than a U.S. gallon (3,785 ml / 128 US fluid ounces). These containers areconirnonly referred to as growlers;

4. Brewpubs may sell beer in keg containers larger than a U.S. gallon (3,785 ml /128 US fluid ounces) for the following purposes and in the following amounts:

a. An unlimited number of kegs for special events, the primary purpose of whichis the exposition of beers brewed by brewpubs and microbreweries, whichinclude the participation of at least three (3) such brewers;

h. An unlimited number of kegs for city co-sponsored events where the purpose ofthe event is not for commercial profit and where the beer is not wholesaled tothe event co-sponsors but is instead, dispensed by employees of the brewpub.

5. All mechanical equipment visible from the Street (excluding alleys), an adjacentresidential use or residential zoning district shall be screened using architecturalfeatures consistent with the principal structure;

6. Access and loading bays shall not face toward any street, excluding alleys;

7. Access and loading bays facing an adjacent residential use or residential zoningdistrict, shall have the doors closed at all times, except during the movement of rawmaterials, other supplies and finished products into and out of the building;

1029-GPage 37

8. Service trucks for the purpose of loading and unloading materials and equipmentshall be restricted to between the hours of 8:00 a.m. and 8:00 p.m. Monday throughSaturday and between 11:00 a.rn. and 7:00 p.m. on Sundays and national holidays;

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

16.50.045.4.2 Microbrewery

A. In addition to the development standards of the zoning district, applicable GeneralDevelopment Standards, and where applicable, Use Specific Development Standards forrestaurant or retail uses, an establishment that meets the definition of a microbreweryshall comply with the following:

1. The microbrewery shall produce no more than 15,000 barrels (465,000 US gallons I17,602. 16 hectoliters) of beer per year;

2. This use shall be permitted only in conjunction with a ‘restaurant and bar, indoor,’‘restaurant and bar, indoor and outdoor’ or ‘restaurant and bar, accessory outdoorarea,’ tasting room or retail sales and service:

a. No more than 75 percent of the total gross floor space of the establishment shallbe used for the brewery function including, but not limited to, the brewhouse,boiling and water treatment areas, bottling and kegging lines, malt milling andstorage, fermentation tanks, conditioning tanks and serving tanks;

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

c. Pedestrian connections shall be provided between the public sidewalks and theprimary entrance(s) to any accessory use(s).

3. All mechanical equipment visible from the street (excluding alleys), an adjacentresidential use or residential zoning district shall be screened using architecturalfeatures consistent with the principal structure;

4. Access and loading bays are discouraged from facing toward any street, excludingalleys;

5. Access and loading bays facing any street, adjacent residential use or residentialzoning district, shall have the doors closed at all times, except during the movementof raw materials, other supplies and finished products into and out of the building;

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6. Service trucks for the purpose of loading and unloading materials and equipmentshall be restricted to between the hours of 8:00 a.m. and 8:00 p.m. Monday throughSaturday and between 11:00 a.m. and 7:00 p.m. on Sundays and national holidays;

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

a. Designated on the approved site plan;

b. Permitted within the interior side or rear yard or within the minimum buildingsetbacks;

c. Prohibited within any yard abutting a residential use or residential zoningdistrict;

d. Fully enclosed within a suitable container, secured and screened behind a solid,opaque fence or wall measuring a minimum five (5) feet in height.

16.50.045.4.3 Regional (Small) and Large Brewery

Regional (small) and large breweries shall comply with the development standards of thezoning district and applicable General Development Standards.

Section 43. Section 16.50.120 regulating ‘Convenience Stores with or withoutFuel Service’ of the St. Petersburg City Code is hereby deleted.

Section 44. Section 16.50.130.8.A.1 of the St. Petersburg City Code is herebyamended to read as follows:

16.50.130.8 Zoning Requirements

A. 1. Accessory uses to contiguous upland properties. One (1) dock may be permittedand constructed as an accessory use to an existing lawfully permitted principal useon contiguous upland property. One pair of davits may be constructed on or next toa seawall as an accessory use if there is no dock, if the davits meet the side setbackfor the property and are designed to function independently of the seawall.


16.50.130.9.4 Roof or Canopy Structures

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The maximum pitch of any roof or canopy constructed as part of a dock structure shallnot exceed one foot of elevation per every 20 feet of horizontal coverage. Roof orcanopy structures are prohibited on lots with less than 50 feet of waterfront frontage.Roof or canopy structures may not be placed within a side setback unless a variance isgranted specifically for the roof or canopy structure. Boathouses are prohibited.

Section 46. The St. Petersburg City Code is hereby amended by adding a newSection 16.50.150.4.6 to read as follows:

16.50. 150.4.6 Lighting

Lighting shall be shielded in accordance with the General Development Standards forlighting.

Section 47. The St. Petersburg City Code is hereby amended by adding a newSection 16.50. 165 titled “Gas and Fueling Station” to read as follows:

Section 16.50.165 — Gas and Fueling Station

Sections:

16.50.165.1 Applicability16.50.165.2 Establishment16.50. 165.3 Development Standards16.50.165.4 Compliance


This Section shall apply to gas and fueling station uses.


The establishment, expansion, or redevelopment of a gas and fueling station shall be allowedas provided in the Matrix: Use Permissions and Parking Requirements Matrix and ParkingMatrix and shall comply with the development standards of the zoning district, the GeneralDevelopment Standards and this section.

16.50. 165.3 Development Standards

Structures on the property shall maintain a consistent style and architectural theme.• Architectural design, building height, building materials, colors, forms, roof pitch, roofing

materials and detailing shall be compatible. Fuel pump canopies, cashier booths, car wash andother accessory structures shall be compatible with the principal structure.

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16.50.165.3.1 Gas and Fueling Station

A. Sidewalks shall be provided from the primary entrance to the public sidewalk.

B. The maximum height of the bottom of a canopy shall not exceed 16 feet. The canopyshall not exceed the maximum height of the principal structure.

C. No more than two (2) canopies shall be permitted on the same property.

D. A solid decorative masonry wall not less than three (3) feet in height shall be requiredalong any side of the property abutting a primary street. The decorative wall designshall be compatible with the principal structure. The exterior of the wall facing aprimary street shall be landscaped as required by the landscaping and irrigation section.

1. Vacuum stations and similar equipment are prohibited on sides of the principal structureabutting a residential use. Equipment shall comply with the setbacks for the principalstructure.

F. Canopy lighting.

a. Luininaires. Lighting fixtures shall be full cut-off lighting fixtures or recessedinto the canopy so that the bottom of each lighting fixture is flush with theceiling of the canopy.

b. Maximum lighting level. Canopy lighting shall not exceed a maintained lightinglevel of 30 footcandles as measured horizontally at grade. Higher levels, up to50 footcandles, may be approved in conjunction with the approval of a specialexception or site plan review application in which the proposed minimummaintained lighting level is identified and impacts to abutting properties aremitigated.

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Section 48. Section 16.50.320.3 of the St. Petersburg City Code is herebyamended to read as follows:

Section 16.50.320 — Restaurants and Bars, Accessory Outdoor Area

16.50.320.3 Use Restrictions

A. Food and drink shall not be sold or served to patrons within an accessory outdoor areabetween 11:00 p.m. and 8:00 a.m. The use of an accessory outdoor eating area for anypurpose shall not extend beyond the hours of operation of the principal use and shallcease before 11:15 p.m. and shall not resume before 7:00 a.m. the following day.

B. Live outdoor musical performances are prohibited.

CThe owner and manager shall be responsible for controlling all sound generated withinthe accessory outdoor area.

Section 49. The St. Petersburg City Code is hereby amended by adding a newSection 16.50.325 titled “Retail Sales and Service” to read as follows:

F’

1...; L.... .1

Canopy lights shall be recessed within canopy

IProvide solid side walled light fixtures which preventlight spillage to surrounding roads and adjacentproperties.

Light: canopy req.

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Section 16.50.325 — Retail Sales and Service

Sections:

16.50.325.1 Applicability16.50.325.2 Establishment16.50.325.3 Development Standards16.50.325.4 Compliance


This Section shall apply to retail sales and service uses.


The establishment, expansion, or redevelopment of a retail sales and service use shall beallowed as provided in the Matrix: Use Permissions and Parking Requirements and shallcomply with the development standards of the zoning district, the General DevelopmentStandards and this section.

16.50.325.3 Development Standards

Structures on the property shall maintain a consistent style and architectural theme.Architectural design, building height, building materials, colors, forms, roof pitch, roofingmaterials and detailing shall be compatible.

16.50.325.3.1 Retail Sales and Service

A. Sidewalks shall be provided from the primary entrance to the public sidewalk.

B. Window tinting that reduces exterior or interior view is prohibited.

C. The placement of window signage shall be in accordance with the GeneralDevelopment Standards for signage and shall allow a clear and unobstructed viewfrom outside the building and provide a normal line of sight of the cash register andsales transaction area.

I). A drive-thru may be allowed as provided in the Matrix: Use Permissions andParking Requirements Matrix and Zoning Matrix and shall comply with thedevelopment standards of the zoning district, General Development Standards andUse Specific Development Standards.

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E. Other restrictions may apply as required by the City Code for retail sales andservice.

16.50.325.4 All Uses Required to Comply with Provisions of Chapter 20 RegardingConvenience Business and Convenience Stores

All uses regulated by this section shall comply with the applicable provisions of Chapter 20regulating convenience businesses and convenience stores (currently Sections 20-52 and 20-53).

Section 50: Section 16.50.390.4 of the St. Petersburg City Code is herebyamended to read as follows:

16.50.390.4 Social Service Agency Use Table

A. The following table shall be used to determine the applicable zoning district forthe specified social service agency operational components. The table shall beused to determine whether the proposed use is a permitted use or a specialexception use. If an operational component has been approved as a specialexception use, no conversion to a different operational component which is aspecial exception use is allowed without obtaining a special exception approvalfor the new operational component. A social service agency’s operationalcomponent is prohibited within any zoning district not specified or cross-referenced within the following table unless the component is clearly accessory.

Operational Comionents&pproval(Listed in order of impact Zoning districtCategoryintensity)

Administrative and treatmentThese are office uses and shall be a permitted oroffices for nonresidentsspecial exception use in those districts in which(includes counseling but nooffice is a permitted or special exception use andresidential or overnightshall meet all the requirements thereof.

facilities)Long Term Housing such aspermanent or transitionalhousing greater than 6months. Facilities or servicesprovided on-site shall be usedfor residents.

For housing units with individual kitchens in eachunit, these are multi-family uses and shall be apermitted or special exception use in thosedistricts in which multi-family uses with the samenumber of units are a permitted or specialexception use.

z

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For housing units without individual kitchens ineach unit (communal or no kitchens): These usesare multi-family uses and shall be a special

SEexception use in those districts in which multifamily uses are a permitted or special exceptionuse.

Short-term/Emergency CCT, CCS, IT, RC, DC (1) SEHousing

IC°( <_6_months)

CCT CCS, DC SESupply Pantry

IC,IT P

Personal Care Service/Drop- CCS, IT SEIn Center IC P

CCS IT SEFood Center

IC P

Two or more of any of theoperational components Shall be a special exception in the districts where

SEoperating of this table on the the most intense use is allowed.same approved site

(1) Short Term / Emergency Housing is prohibited within the Dome Industrial Park (DIP)Community Redevelopment Area (CRA).

Rules of Interpretation for Table: P = permitted by right; SE permitted by specialexception; Z = Dependent on the Zoning District and size of the proposed facility.

Section 51. Sections 16.50.450.2 thru Section 16.50.450.4 of the St.Petersburg City Code are hereby amended to read as follows:

16.50.450.2 Private Property

Retail sales of flowers, plants, fruits, vegetables, beverages, hot dogs, and other pcooked and pre-packaged foods including hamburgers, sandwiches, ice cream andsnack-type edibles from pushcarts shall be a permitted accessory use on property in allcommercial zoning districts and on property in other districts with a principal permittedor special exception commercial use. Pushcarts shall be prohibited on vacant propertyand undeveloped property. Pushcarts shall have the written permission of the propertyowner or current tenant closest to the pushcart and shall not be placed on any locationthat impedes the ingress or egress of other businesses, building entrances or emergencyexits. Pushcarts shall be located at least one hundred (100) feet from a previouslypermitted restaurant which is not located on the same lot or property. Pushcarts onprivate property shall be attended at all times and may operate only during the businesshours of the adjacent business.

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16.50.450.3 Right-of-Way

The POD is authorized to issue permits for the retail sale of flowers, plants, fruits,vegetables, beverages, hot dogs, and other pre-cooked and pre-packaged foodsincluding hamburgers, sandwiches, ice cream and snack type edibles, from pushcartson rights-of-way lying between Bayshore Drive and 8th Street, and between 5th AvenueNorth and 5th Avenue South, including both sides of the rights-of-way of the boundarystreets. Vendors shall comply with state, county and municipal health laws andordinances. Cooking of raw food shall not be allowed on pushcarts, however, theheating of pre-cooked foods shall be allowed. Alcoholic beverages shall not be soldfrom a pushcart. A sale to any person in or on a vehicle is prohibited.

16.50.450.4 Pushcart Design

A pushcart shall be designed for retail sales and mounted on at least two wheels thathave a diameter of not less than eight inches. A pushcart shall be no larger than fiveand one-half feet in width, ten feet in length and eight feet in overall height; shall notbe propelled by an internal combustion engine, electric motor or other similarmechanical device; and when fully loaded with merchandise, shall be movable by oneperson. Any canopy or umbrella shall not overhang the pushcart by more than two feet.Pushcarts may include a cooking apparatus or grill top for the heating of pre-cookedfoods only, in accordance with this section and state regulations. Pushcarts shall haveno features which would be a nuisance or hazardous to public safety.

Section 52. The separate categories for ‘Decks,’ Patios,’ ‘Porch,’ and ‘ScreenEnclosures’ in Section 16.60.050 are hereby deleted, and a new Structure/Improvementcategory for ‘Decks, Patios, Porches, and Screen Enclosures’ is hereby added to Section16.60.050, and the Structure/Improvement category for ‘Retaining Walls’ is hereby amendedin Section 16.60.050, all of the St. Petersburg City Code to read as follows:

Section 16.60.050 - Setbacks, Allowable Encroachments

When a variance to a setback has been granted, no additional encroachment which is set forthin this Section is allowed.

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Allowable Encroachments and Setbacks• Required setbacks shall supercede setbacks established by this chart, when there is aconflict.• No structure shall encroach in or over any easement where the structure would interfere

with the use of the easement for its intended purpose.• The encroachment for eaves shall be permitted in addition to the encroachment for a

structure/improvement, unless the term “leading edge” is used. In which case, leadingedge shall be interpreted to include the eave.

• Encroachments are not allowed in connection with zero lot line structures.• Encroachments for a structure or other improvement taller than 12 inches above grade is

prohibited within the view triangles of waterfront yards (see Technical Standards Section),except that fences within the view triangle are subject to height limits established elsewherein these regulations.

F= Front,S = SideSTRUCTURE I TRADITIONAL SUBURBANSS= Street SideIMPROVEMENT ZONING DISTRICTS ZONING DISTRICTSR=Rear,W = Waterfront

Decks, Patios,Porches & ScreenEnclosures:

S,R To property line To property lineNo closer to property No closer to propertySSline tha line than 5’No closer to property No closer to property. Decks and Patios,line or seawall than 5’. line or seawall than 5’.Uncovered

(up to 12 The maximum elevation The maximum elevationshall be no more than shall be no more thaninches above

W the top of the existing the top of the existingexisting grade)seawall. (Note: Federal seawall. (Note: Federaland state regulations and state regulationsmay be more may be morerestrictive.) restrictive.)No closer to property No closer to propertyS,Rline than 5’ line than 5’• Decks and Patios,No closer to property No closer to propertyUncovered SSline than 8’ line than 8’(more than 12No closer to property No closer to propertyinches andline or seawall than 8’. line or seawall than 8’.less than 30The maximum elevation The maximum elevationinches above Wshall be no more than shall be no more thanexisting grade)the top of the existing the top of the existingseawall. (Note: Federal seawall. (Note: Federal

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prohibited within the view triangles of waterfront yards (see Technical Standards Section),except that fences within the view triangle are subject to height limits established elsewherein these regulations

F=Front,S=Side

STRUCTURE I TRADITIONAL SUBURBANSS=Street Side

IMPROVEMENT ZONING DISTRICTS ZONING DISTRICTSR=Rear,W=Waterfront

and state regulations and state regulationsmay be more may be morerestrictive.) restrictive.)No closer to property No closer to property

S, SS, Rline than 8’ line than 8’

• Patios, CoveredNo closer to property No closer to property

wline or seawall than 10’ line or seawall than 10’No more than 5’ from No more than 5’ from

• Porch, Open F, SSsetback line setback lineNo closer to property No closer to property

• Screen Enclosure, S, SS, Rline than 8’ line than 8’PatioNo closer to property No closer to property(solid roof) Wline or seawall than 10’ line or seawall than 10’

• Screen Enclosure No closer to property No closer to propertyS, SS, R, W

(screen roof) line or seawall than 5’ line or seawall than 5’To the property line: To the property line:The overall height shall The overall height shallbe no greater than 18” be no greater than 18”F, S, SS, Rfrom the existing grade from the existing gradeabutting both sides of abutting both sides ofRetaining (Return)the wall. the wall.WallTo the property line or To the property line orseawall: The overall seawall: The overall

W height shall be no height shall be nogreater than the top of greater than the top ofthe existing seawall. the existing seawall.

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prohibited within the view triangles of waterfront yards (see Technical Standards Section),except that fences within the view triangle are subject to height limits established elsewherein these regulations

F=Front,

STRUCTURE /S=Side

• TRADITIONAL SUBURBANIMPROVEMENT

SS=Street SideZONING DISTRICTS ZONING DISTRICTSR=Rear,

W = Waterfront

abutting both sides of abutting both sides ofthe wall. (Note: Federal the wall. (Note: Federaland state regulations and state regulationsmay be more may be morerestrictive.) restrictive.)

Section 53. Section 16.70.010. lO.B of the St. Petersburg City Code is herebyamended to read as follows:

16.70.010.10 Extensions and Duration of Approvals under the Previous Code; Modifications

B. Modifications, changes or amendments to any application approved pursuant to the landdevelopment regulations in effect prior to September 10, 2007 shall be reviewed using theLand Development Regulations in effect at the time of the requested modification, change,or amendment. Review shall be limited to the specific modification, change or amendmentproposed and does not apply to the entire site plan. Minor modifications shall be definedand processed as regulated by this Section for Planning and Zoning Decisions.

Section 54. Section 16.70.040.1.8.C.2.b of the St. Petersburg City Code ishereby amended to read as follows:

16.70.040.1.8 Variance, Albert Whitted Airport Regulations

b. Appeals. A decision of the POD to approve, approve with conditions or denyan application may be appealed to the Development Review Commission, whosedecision shall be deemed the final decision of the City.

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Section 55. The St. Petersburg City Code is hereby amended by adding a newSection 16.70.040.1.11 to read as follows:

H. Modifications. Any request for modification to a Special Exception or a Site PlanReview previously approved by the POD or Development Review Commission, shallbe subject to review and approval in the same manner as a new application, except thatthe POD may approve minor modifications, provided that the basic purpose and intentof the Commission’s action and the ordinances of the City are met and effectuated.“Minor modification” shall mean the following:

1. Any modifications that reduce density, building square footage or degree ofvariance, or modifications not involving an increase of more than ten (10) percentof the gross floor area and in no event more than 6,000 square feet in the case ofbuildings or five (5) percent of the lot area in the case of parking or landscapingmodifications. Public notice of these minor modifications is not required.

2. Any modifications involving an increase of more than ten (10) percent, but notmore than 20 percent, of the gross floor area and in no event more than 15,000square feet in the case of buildings or 20 percent of the lot area in the case ofparking or landscaping modifications. Mailed notice should be provided as set forthin the Notices Section.

3. Minor modifications shall not cause a variance from any provisions of the CityCode, shall not involve a change in use or an increase in residential density, shallnot waive any condition or conditions expressly specified by the Commission, andshall not change the basic intent of the approved site plan.

Section 56. Sections 16.70.040.1.5.F and G of the St. Petersburg City Codeare hereby amended to read as follows:

F. Appeal. Decisions of the POD concerning modifications may be appealed to theDevelopment Review Commission.


16.70.040. 1.10 Variance, Design Standards

A. Applicability. Any person requesting a variance from the Building Designstandards outlined in the individual zoning classifications shall apply to thePOD.

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B. Application. An application for variance from the Building Design standards ofany zoning district shall include the following information in addition to theinformation that the POD may generally require for a planning and zoningdecision application:

1. A written demonstration that the existing conditions and circumstances aresuch that the strict application of the provisions of the Land DevelopmentRegulations would deprive the applicant of reasonable use of said land,building, or structure, equivalent to the use made of lands, buildings, orstructures in the same district and permitted under the terms of thisprovision.

C. Procedures.

1. Administrative Approval. Where unique conditions related to existingbuildings or surrounding conditions preclude strict compliance with theBuilding Design standards, the POD may approve a variance to thestandards.

D. Standards for Review. In addition to the standards of review for a zoning andplanning decision generally, a decision shall comply with the following factors:

1. Where a design standard is related to a building or architectural element, thevariance shall reinforce a unique condition of an identifiable architecturalstyle lending to the design intent of that style;

2. Standards of review required by the Variances Section.

E. Appeal.

1. For property located within the Downtown Center districts, decisions of thePOD granting, granting with conditions, or denying variance may beappealed to the Development Review Commission.

2. For property located outside of the Downtown Center districts, decisions ofthe POD granting, granting with conditions, or denying a variance may beappealed to the Community Preservation Commission.

Section 58. Section 16.70.050. 1. lB of the St. Petersburg City Code is herebyamended to read as follows:

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B. Initiation. An application may be initiated by the property owners representing atleast 51 percent of the linear frontage of the right-of-way, easement, or ground areabelow or above the air or subsurface rights proposed for vacation. The City Councilmay also initiate a right-of-way, easement or air or subsurface rights vacation on itsown initiative (currently City Council Resolution 2007-202 sets forth nonbindingguidance for this action) and without letters of consent from abutting owners.

Section 59. Subsections 16.70.070.1.1 .D and E of the St. Petersburg City Codeare hereby amended to read as follows:

16.70.070.1. 1 Property Card Interpretation

D. Procedure.

1. After the POD has reviewed the application, the POD shall prepare a report settingforth the zoning and use information and other information applicable to theproperty.

a. A PCI shall set forth, but may not necessarily be limited to, the following: thelegal number of dwelling units; the legal standing of property use or uses;whether dwelling units or uses are grandfathered, noncontiguous, or abandonedthe legal standing of site and building improvements; and findings ofabandonment of uses or units.

b. The PCI shall be issued within ninety days of receipt of the application and fee,if required, and shall be delivered by mail or hand delivery to the propertyowner. If mailed, the PCI and copies shall be deemed delivered on the thirdbusiness day after mailing. The POD shall retain a copy.

E. Reconsideration and Appeal.

1. Any request to reconsider a PCI shall be filed with the POD within 15 daysfollowing delivery of the PCI to the owner. Filing a timely request forreconsideration shall toll the time for appeal. A request for reconsideration shall beaccompanied by any new evidence or argument which may alter the findings in thePCI. The POD shall reconsider the PCI and shall issue either a revised PCI or awritten denial of the request. If a revised PCI is issued, the time to appeal therevised PCI shall commence from the date the revised PCI is delivered to theowner. If the request is denied, the time to appeal the PCI shall expire 10 days afterthe denial of the request is delivered to the owner.

2. A PCI may be appealed by the property owner to the Community PreservationCommission, whose decision shall be deemed the final decision of the City.

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Section 60. The following definitions in Section 16.90.020.3 of the St.Petersburg City Code are hereby added, amended or deleted as shown, and shall be inserted inthe appropriate alphabetical order, to read as follows:

Ancillaiy Equipment. See Use Specific Development Standards.

Breiveiy. See Matrix: Use Permissions and Parking Requirements.

C’onzmercial Garden and Greenhouse. See Matrix: Use Permissions and ParkingRequirements.

Deck means a structure consisting of a floor that is raised above the finished grade ofthe lot, typically, the structure is elevated on piers and constructed of wood orsimulated wood materials. The pier construction eliminates the need for changes to theexisting grade. Typical placement is adjacent to the side, rear or waterfront yard of ahouse and provides secondary access into the structure. When placed along thesesecondary elevations, the architectural style is typically utilitarian in nature, containingminimal (if any) design features relating to the main structure. When visible from astreet, the design elements of the deck are typically consistent with those of the abuttingstructure.

Family Day Care Home. See Matrix: Use Permissions and Parking Requirements.

Gas or Fueling Station. See Matrix: Use Permissions and Parking Requirements.

Hydroponic System means the cultivation of plants in a nutrient-rich water solution,rather than in soil, and under controlled conditions of light, temperature and humidity.

Microbrewery. See Matrix: Use Permissions and Parking Requirements.

Nursery. See Matrix: Use Permissions and Parking Requirements.

Patio means an at-grade outdoor area or courtyard which is paved with a semi-perviousor impervious surface material and typically located adjacent on the side, rear orwaterfront yard of a building. Where there are varying grades, the structure mayrequire fill and excavation that may result in grade changes.

Restaurant and Bar, Brewpub. See Matrix: Use Permissions and ParkingRequirements.

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Retaining Wall means a structure with one side typically backfilled to create levelgrades in areas where varying grades exist.

Parking Area means the same as ‘vehicular use area’ unless the context clearlycontemplates otherwise.

Section 61. Section 16.90.020.3 of the St. Petersburg City Code is herebyamended by adding an interpretation for the following terms in the beginning of the section, toread as follows:

The terms ‘adjacent,’ ‘abut(ting),’ and ‘adjoin(ing)’ shall have the same meaning unlessthe context clearly contemplates otherwise.

Section 62. Section 16.20. 120.4.5 of the St. Petersburg City Code is herebyamended to repeal the existing provisions and replace them with a new subsection 4.5 to readas follows:

Section 16.20.120.4.5. Demolition of Buildings.

A. Purpose. Vacant lots along certain streets within the DC-C, DC-i, DC-2, DC-3, orDC-P (DC Zoning Districts) are detrimental to the goal of promoting a pedestrianoriented downtown area. Vacant lots which are not maintained to certain minimumstandards promote visual blight, property maintenance concerns and erosion of soil intothe public stormwater management system.

B. Definition(s). For the purposes of this Section, the term “Structure of GeneralPublic Interest” means any existing building within the DC Zoning Districts.

C. Issuance of Demolition Permit for a Structure of General Public Interest (SGPI). Ademolition permit may be issued for a SGPI, if a site plan has been approved, any predemolition conditions of the approval have been complied with and a completeapplication for building permits has been submitted. However, a demolition permitmay be issued without meeting any of the foregoing requirements if the BuildingOfficial determines that a building is structurally unsafe.

D. Vacant Lots Resulting from Demolition. Vacant lots created in the DC zoningdistrict after September 8, 2011 shall be improved and maintained subject to thefollowing standards:

1. Sites Not Fronting A or B Streets. Vacant lots resulting from a demolished buildingwithin the DC Zoning District not abutting the A or B Streets as designated on theStreetscape Requirements Map shall comply with the following:

a. Fence requirements. A fence shall surround the entire site.

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(1) Materials. All fences shall be constructed entirely of metal with a maximumopacity of 25-percent. Alternative fencing materials, such as wood or PVC,are prohibited.

(2) Design and Height. Fences shall be either vinyl-coated, chain-link or adecorative metal design. Chain-link fences shall be a minimum height ofthree (3) feet, a maximum height of four (4) feet. Decorative metal fencesshall be a minimum height of 3 feet and maximum height of 6 feet.

b. Landscaping.

(1) The Applicant shall submit a scaled plan showing the vacant lot layout, theproposed landscaping and irrigation, and the proposed maintenance planwhich shall include provisions for trash removal, erosion management, andlandscape maintenance.

(2) Surface shall include grass or other living ground cover, in any combination,provided that the total site is covered. A five foot wide perimeter landscapebuffer shall be provided along all streets which shall consist of a continuousrow of foundation landscaping and one shade tree for every thirty five feet,or portion thereof, along the street. A corner landscape feature shall beprovided at each street corner which shall be a minimum of 100 square feetand shall be densely planted with trees, low shrubs and ground cover to meetthe planting standards provided in the Landscaping and Irrigation Section.

(3) Irrigation shall be provided consistent with the applicable standards for suchsystems as described in this Chapter.

2. Sites with Frontage Along A or B Streets. Vacant lots abutting A or B Streets asdesignated on the Streetscape Requirements Map resulting from a demolished buildingwithin the DC Zoning District shall comply with the following:

a. Fence requirements. All fences shall be decorative and shall be a minimum height ofthree (3) feet and a maximum height of six (6) feet. Required fences shall be of an“Open” design and shall not exceed the maximum opacity standard of 25-percent asdefined in the Fence Regulations Section.

b. Landscaping. The landscaping standards for these sites shall be the same as thestandards for sites not fronting A or B streets.

3. Permit and inspections Required. A permit and inspections of the requiredimprovements to the vacant lot are required.

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4. Guarantee Required. Prior to and as a condition of issuance of a demolition permit,the Applicant shall furnish to the City a performance bond or an irrevocable andunconditional letter of credit, cash, or a combination thereof, or other instrumentacceptable to the City, in the amount sufficient to insure that the requirements set forthin this Section are met.

5. Recorded Notice Required. Prior to and as a condition of issuance of a demolitionpermit, the Applicant shall execute and record in the Public Records a notice, whichshall be provided by the City, identifying the required site improvements and associatedconditions of approval.

6. Posted Sign. A sign identifying a twenty-four hour contact person’s name, addressand telephone number for the site shall be posted on the site. The sign shall bedesigned in accordance with the standards of the City’s sign regulations. Such personshall be the owner or site manager and shall have the authority to make decisionsconcerning the property.

E. Procedure if Demolition Permit is Denied for a SGPI. If an application for ademolition permit within the DC zoning district is denied, the applicant may request anexemption according to the procedures and criteria provided under Section16.70.040.1.9 “Exemptions, Demolition of Structures of General Public Interest withinDC and CCT-2 Zoning Districts”.

F. For demolition applications involving designated historic landmarks or structureswithin designated local landmark historic districts, where demolition requiresCertificate of Appropriateness (COA) approval, this section 16.20.120.4.5 shall notapply.

Section 63. The St. Petersburg City Code is hereby amended by adding a newSection 16.20.080.8 to read as follows:

16.20.080.8 Demolition of Buildings

A. Purpose. Vacant lots along streets within the CCT-2 zoning district aregenerally detrimental to the goal of promoting a pedestrian oriented area. Vacant lotswhich are not maintained to certain minimum standards promote visual blight, propertymaintenance concerns and erosion of soil into the public stormwater managementsystem.

B. Definition(s). For the purposes of this Section, the term “Structure of GeneralPublic Interest” means any existing building within the CCT-2 zoning district.

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C. Issuance of Demolition Permit for a Structure of General Public Interest (SGPI).A demolition permit may be issued for a SGPI, if a site plan has been approved, anypre-demolition conditions of the approval have been complied with and a completeapplication for building permits has been submitted. However, a demolition permitmay be issued without meeting any of the foregoing requirements if the BuildingOfficial determines that a building is structurally unsafe.

D. Vacant Lots Resulting from Demolition. Vacant lots created in the CCT-2zoning district after September 8, 2011 shall be improved and maintained subject to thefollowing standards:

1. All Sites. Vacant lots abutting resulting from a demolished building within theCCT-2 zoning district shall comply with the following:

a. Fence requirements. All fences shall be decorative and shall be a minimumheight of three (3) feet and a maximum height of six (6) feet. Required fences shall beof an “Open” design and shall not exceed the maximum opacity standard of 25-percentas defined in the Fence Regulations Section.

b. Landscaping.

(1) The Applicant shall submit a scaled plan showing the vacant lot layout, theproposed landscaping and irrigation, and the proposed maintenance plan which shallinclude provisions for trash removal, erosion management, and landscape maintenance.

(2) Surface shall include grass or other living ground cover, in any combination,provided that the total site is covered. A five foot wide perimeter landscape buffer shallbe provided along all streets which shall consist of a continuous row of foundationlandscaping and one shade tree for every thirty five feet, or portion thereof, along thestreet. A corner landscape feature shall be provided at each street corner which shallbe a minimum of 100 square feet and shall be densely planted with trees, low shrubsand ground cover to meet the planting standards provided in the Landscaping andirrigation Section.

(3) Irrigation shall be provided consistent with the applicable standards for suchsystems as described in this Chapter.

2. Permit and Inspections Required. A permit and inspections of the requiredimprovements to the vacant lot are required.

3. Guarantee Required. Prior to and as a condition of issuance of a demolitionpermit, the Applicant shall furnish to the City a performance bond or an irrevocableand unconditional letter of credit, cash, or a combination thereof, or other instrumentacceptable to the City, in the amount sufficient to insure that the requirements set forthin this Section are met.

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4. Recorded Notice Required. Prior to and as a condition of issuance of ademolition permit, the Applicant shall execute and record in the Public Records anotice, which shall be provided by the City, identifying the required site improvementsand associated conditions of approval.

5. Posted Sign. A sign identifying a twenty-four hour contact person’s name,address and telephone number for the site shall be posted on the site. The sign shall bedesigned in accordance with the standards of the City’s sign regulations. Such personshall be the owner or site manager and shall have the authority to make decisionsconcerning the property.

E. Procedure if Demolition Permit is Denied for a SGPI. If an application for ademolition permit within the CCT-2 zoning district is denied, the applicant may requestan exemption according to the procedures and criteria provided under Section16.70.040.1.9 “Exemptions, Demolition of Structures of General Public Interest withinDC and CCT-2 Zoning Districts.”

F. For demolition applications involving designated historic landmarks orstructures within designated local landmark historic districts, where demolition requiresCertificate of Appropriateness (COA) approval, this section 16.20.080.8 shall notapply.

Section 64. The St. Petersburg City Code is hereby amended by adding a newSection 16.70.040.1.9 to read as follows:Section 16.70.040.1.9. Exemptions, Demolition of Structures of General PublicInterest (SGPI) within DC and CCT-2 Zoning Districts.

A. Application for Exemption. If the POD denies a demolition permit for a SGPI,the Applicant may apply for an exemption. The application for an exemption shall befiled in writing, with the City Clerk, not later than 5:00 p.m. on the tenth day after thedecision is made.

B. Standards for Review. The POD shall exempt the Applicant from therequirements for a demolition permit if after submission and review of a completeapplication which includes a detailed narrative substantiating one or more of thefollowing criteria, the POD finds that the:

1. prohibition of demolition prevents the owner of the property from obtaining areasonable return on income producing property; or

2. preservation of the structure substantially interferes with the use of the property; or

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3. the structure is not capable of conversion to a useful purpose without excessive costsand the cost of maintaining the structure without useful purpose would entail substantialexpenditures; or

4. the demolition is necessary to achieve the development, redevelopment, or otherpurposes of a Community Redevelopment Plan or the Comprehensive Plan; or

5. the existing building(s) does not possess features consistent with the design standards ofthe applicable zoning district.

B. Procedures.

1. Streamline approval. If the POD determines that the application is consistent withany of the above criteria, the Pod shall approve the application with or withoutconditions. The POD shall provide written and posted notice prior to making thefinal decision.

2. Appeals. A decision of the POD to approve, approve with conditions or deny anapplication may be appealed to the Development Review Commission whosedecision shall be deemed the final decision of the City.

3. a. If the POD determines that the application requires review by the DevelopmentReview Commission because of new or unusual circumstances or that theapplication does not comply with all the submittal requirements, the POD shall senda report to the Development Review Commission recommending whether theapplication should be approved, approved with conditions or denied and the groundsfor the recommendation.b. Upon receipt of the recommendation the Commission shall conduct a publichearing and shall approve, approve with conditions or deny the application.

Section 65. Coding: As used in this ordinance, language appearing in struck-through type is language to be deleted from the City Code, and underlined language islanguage to be added to the City Code, in the section, subsection, or other location whereindicated. Ellipses (* * *) indicate the location of language in the City Code within thesection being amended which is not shown herein and which is not amended by this ordinance.Language in the City Code not appearing in this ordinance continues in full force and effectunless the context clearly indicates otherwise. Sections of this ordinance that amend the CityCode to add new sections or subsections are generally not underlined.

Section 66. The provisions of this ordinance shall be deemed to be severable.If any provision of this ordinance is determined unconstitutional or otherwise invalid, suchdetermination shall not affect the validity of any other provisions of this ordinance.

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Section 67. In the event this Ordinance is not vetoed by the Mayor inaccordance with the City Charter, it shall become effective upon the expiration of the fifthbusiness day after adoption unless the Mayor notifies the City Council through written noticefiled with the City Clerk that the Mayor will not veto this Ordinance, in which case thisOrdinance shall become effective immediately upon filing such written notice with the CityClerk. In the event this Ordinance is vetoed by the Mayor in accordance with the CityCharter, it shall not become effective unless and until the City Council overrides the veto inaccordance with the City Charter, in which case it shall become effective immediately upon asuccessful vote to override the veto.

First reading conducted on the 18th day of August, 2011.

Adopted by St. Petersburg City Council on second and final reading on the 8thday of September, 2011.

ATTEST:

Title Published: Times 1-t 8/28/20 1 1

Not vetoed. Effective date Thursday, September 15, 2011 at 5:00 p.m.

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GRANDFATHERED USES; CHANGING SUCH … Page 2 Section 1. The minimum number of parking spaces, required for ‘Assisted Living Facility’ inthe following zoning districts Section 16.10.020.1