§ 138-1402. Property development regulations.

(a)

The maximum height of structures subject to the application of a C-T overlay shall be as established in the underlying zoning district, except that the height of a permanent transient accommodation may be increased up to a maximum height of 100 feet if the following conditions are met:

(1)

The transient accommodation use requirements of subsection 138-1400.2(d) have been achieved.

(2)

The site consists of a minimum of five acres.

(3)

Any height allowed for a site that exceeds the maximum height established in the underlying zoning district shall be included within a development agreement developed and approved pursuant to subsection 138-1402(d)(1).

(4)

Any height allowed for a site that exceeds the maximum height established in the underlying zoning district must be compatible with adjoining property uses and with the character of the surrounding community.

(b)

The minimum building site area requirements for properties subject to the application of a C-T overlay shall be as established in the underlying zoning district.

(c)

The maximum area of land coverage shall be as established in the underlying zoning district, with the exception of transient accommodation uses that meet the requirements of subsection 138-1402(d), which use shall not exceed the floor area ratios (FAR) and impervious surface ratios (ISR) in the following table:

Density and Intensity Standards for Permanent Transient Accommodations that meet the Requirements of Subsection 138-1402(d)
Zoning District	Permanent Transient Accommodations on Property that is designated on the Future Land Use Map with the Following Category:	Maximum Density/Intensity Standards
		Units/Acre	FAR*	ISR
C-T Overlay	Residential/Office/Retail	45	1.0	0.85
	Commercial Recreation	60	1.2	0.90
	Commercial General	60	1.2	0.90
	Employment	75	1.5	0.85
* The floor area ratios apply to the transient accommodation use, associated parking structures, and uses accessory to transient accommodation uses (e.g., meeting space, restaurants, spas, clubs, etc.).

 

(d)

The standard transient accommodation densities and intensities specified in the underlying zoning district shall be utilized, unless the requirements of this section have been achieved, in which case the higher densities and intensities specified in the table in subsection 138-1402(c) may be used. A permanent transient accommodation use may utilize these higher densities and intensities, subject to the following:

(1)

A development agreement prepared and approved pursuant to chapter 134, article VII and the applicable Florida Statutes that addresses at a minimum the following:

a.

The ability of the county, or the applicable service provider, to meet the concurrency management standards identified in Policy 1.5.1 of the Capital Improvements Element of the Pinellas County Comprehensive Plan.

b.

Provision for all transient accommodation uses to comply with all county and local hurricane evacuation plans and procedures to ensure orderly evacuation of guests and visitors pursuant to the Pinellas County Comprehensive Plan. All transient accommodation uses which are located in the coastal storm area, as identified in the Pinellas County Comprehensive Plan, shall prepare a legally enforceable mandatory evacuation/closure covenant, stating that the transient accommodation use will be closed as soon as practicable after a hurricane watch is posted for Pinellas County by the National Hurricane Center. A plan implementing the closure and evacuation procedures shall be prepared and submitted to the county emergency management coordinator prior to issuance of a certificate of occupancy. This plan will be updated and sent for review when there is a change of ownership or substantive change to the plan or as required by the county emergency management coordinator.

c.

Design considerations in subsection 138-1402(d)(3), the transportation concurrency management provisions in subsection 138-1402(d)(4), and the restrictions on transient accommodation use in subsection 138-1402(d)(5).

d.

A requirement that prior to issuance of building permits the conditions and restrictions in subsection 138-1402(d)(1)c. are generally described in a recorded deed restriction, which shall be perpetual and may be amended or terminated only with the consent of the county, which consent shall not be unreasonably withheld.

(2)

For development that includes a combination of transient accommodation and residential dwelling uses, each use shall be allowed in proportion to the size of the property and the permitted density and intensity of the respective use.

(3)

For locations where the underlying zoning district is not subject to design criteria, design considerations applicable to the proposed use shall address the following in the development agreement so as to ensure compatibility in terms of context-sensitive design, and the scale and placement of the proposed use so as to achieve a harmonious relationship and fit relative to its location and surroundings.

a.

Building scale — including height, width, location, alignment, and spacing.

b.

Building design — including elevations, facade treatment, entrance and porch or balcony projections, window patterns and roof forms. Building design considerations are optional for inclusion in the development agreement unless they are required to be included in order to meet requirements of the underlying zoning district or other applicable provision(s) of the County Comprehensive Plan or Land Development Code (e.g., the county's Historical Preservation Code).

c.

Site improvements — including building and site coverage, accessory structures, service and amenity features, walkway and parking areas, open space, and view corridors.

d.

Adjoining property use — including density/intensity, and building location, setbacks, and height.

(4)

A project authorized to use the increased density and intensity provided by a C-T overlay shall be subject to a transportation analysis that is consistent with the Metropolitan Planning Organization's (MPO) methodology, which includes the following:

a.

Recognition of standard data sources as established by the MPO.

b.

Identification of level of service standards for state and county roads as established in the Pinellas County Comprehensive Plan.

c.

Use of proportionate fair share requirements consistent with the Pinellas County Comprehensive Plan and the county's land development regulations.

d.

Use of the MPO traffic impact study methodology.

e.

Recognition of the designation of "deficient roads" as set forth in the most current Pinellas County concurrency test statement.

(5)

To ensure that a project authorized to use any portion of the transient accommodation uses at the higher densities and intensities provided for by the application of a C-T overlay is built, functions, operates, and is occupied exclusively as transient accommodation, the project shall comply with the following restrictions:

a.

No transient accommodation unit shall be occupied as a residential dwelling unit, and a maximum length of stay for any consecutive period of time shall be established by Pinellas County to ensure that any transient accommodation use does not function as a residential use.

b.

Transient accommodation units shall not qualify or be used for homestead or home occupation purposes.

c.

All transient accommodation units must be included in the inventory of units that are available within a transient accommodation use.

d.

No conversion of transient accommodation units to residential dwelling units shall be permitted unless the conversion is in compliance with the Pinellas County Comprehensive Plan with respect to the permitted residential density and, where applicable, the intensity for associated nonresidential uses.

e.

A transient accommodation use may include accessory uses, such as recreational facilities, restaurants, bars, personal service uses, retail uses, meeting space, fitness centers, spa facilities, parking structures, and other uses commonly associated with transient accommodation uses. All such uses shall be included in the calculation of allowable floor area ratio.

f.

Any license required of a transient accommodation use by Pinellas County and/or a state agency shall be obtained and kept current.

g.

Transient accommodation uses shall be subject to all applicable tourist development tax collections.

h.

A reservation system shall be required as an integral part of the transient accommodation use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for transient accommodation would be operated.

i.

Transient accommodation uses must have sufficient signage that complies with the Pinellas County Land Development Code and is viewable by the public designating the use as a transient accommodation use.

j.

The books and records pertaining to use of each transient accommodation unit shall be open for inspection by authorized representatives of Pinellas County, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.

k.

Pinellas County may require affidavits of compliance with this section from each transient accommodation use and/or unit owner.

(6)

A copy of an approved development agreement prepared pursuant to this section shall be recorded with the clerk of the circuit court, a copy filed with the property appraiser's office, and a copy submitted to the Pinellas Planning Council and the countywide planning authority for receipt and filing within 14 days after recording.

(e)

For areas subject to the application of a C-T overlay, the minimum setbacks established in the underlying zoning district shall apply. Where the height of a permanent transient accommodation is allowed to exceed the maximum height established in the underlying zoning district pursuant to subsection 138-1400.2(a), the additional following minimum setback requirements shall apply:

(1)

That portion of a building height above 50 feet to 75 feet requires a minimum setback of 65 feet on all sides.

(2)

That portion of a building height above 75 feet to 100 feet requires a minimum setback of 80 feet on all sides.

(f)

The following special requirements apply in areas subject to the application of a C-T overlay:

(1)

Performance standards: See article IX, division 14 of this chapter.

(2)

Commercial vehicles may be stored on site within this district when utilized in conjunction with an approved use. This shall not include the use or storage of heavy equipment or semi-tractors/trailers.

(3)

Compatibility with the comprehensive plan: a C-T overlay may be utilized in areas classified by the future land use map as follows:

a.

Residential/office/retail (R/O/R).

b.

Commercial recreation (CR).

c.

Commercial general (CG).

d.

Employment (E).

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)