The city of Clearwater does not have variances, rather, it has Flexibility. Unlike variances, the request for Flexibility is not dependent on hardship but rather on meeting specific criteria, which often focuses on being consistent with neighborhood character and/or a high-quality design. At the conclusion of the Flexibility process, a Development Order is issued. This is a formal letter stating that a project has been approved, approved with conditions, or denied. With a development order in hand, a project can then be submitted for building construction permits (BCP). For questions about site plan review and flexibility requests, contact a Development Review Planner.
Depending on the nature of the proposed development and flexibility being requested, the process could meet the criteria for a minimum standard of development or could require higher levels of Flexibility approval. For example, requests to reduce setbacks, increase height levels, and/or provide fewer off-street parking spaces would require Flexibility. The range and scope of Flexibility generally increase from one “level” of approval to the next. The request for either level of Flexibility requires a formal application, application fee, various plans including site plans, survey, elevations, landscape plan, and possibly other documents and actions, all of which are noted in the application checklist. The Flexibility process is very structured with submittal deadlines and formal public meetings and public hearings, which can be accessed on the Submittal Calendar. In general, the time to move through the process can range from one month to several months.
- Minimum Standard Development: If a proposal meets the Minimum Standard Development requirements, it may be submitted directly as a Building Construction Permit (BCP) or possibly only require a Business Tax Receipt (BTR) to establish or change the use. If within the Tourist Zoning district, proposals must go through one of the two following flexibility processes.
- Flexible Standard Development (FLS): If the proposal can’t meet all requirements under Minimum Standard Development, certain flexibility may be requested through a Level One FLS application. The types of flexibility permitted for a specific zoning district would be found in the table found in the Flexible Standard Development subsection of the CDC. FLS applications are reviewed by the city’s Development Review Committee (DRC), which is a public meeting, and any approval is administrative.
- Flexible Development (FLD): If a proposal can’t meet the requirements of the Minimum Standard or FLS, additional flexibility may be requested through a Level Two FLD application. These applications are first reviewed by the DRC and then are presented to the Community Development Board (CDB) for its consideration in a public hearing (quasi-judicial procedure).