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O-373-CCITY OF CLERMONT ORDINANCE NO. 373-C Page 1 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 98 PARKING AND VEHICULAR USE AREAS, SECTION 98-14 TABLE OF MINIMUM PARKING SPACE REQUIREMENTS; CHAPTER 122 ZONING, ARTICLE III DISTRICTS, DIVISION 1 GENERALLY, SECTION 122-63 DISTRICTS ENUMERATED; DIVISION 8 O-1 OFFICE DISTRICT, SECTION 122-190 INTENT, SECTION 122-191 SITE PLAN REVIEW, SECTION 122-192 PERMITTED USES, SECTION 122-193 CONDITIONAL USES, SECTION 122-194 LOT AND HEIGHT REQUIREMENTS, SECTION 122-195 YARDS; DIVISION 9 C-1 LIGHT COMMERCIAL DISTRICT; DIVISION 10 C-2 GENERAL COMMERCIAL DISTRICT; DIVISION 11 CBD CENTRAL BUISNESS DISTRICT, SECTION 122-247 OFF-STREET PARKING; DIVISION 12 M-1 INDUSTRIAL DISTRICT; DIVISION 13 PR PARKS & RECREATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on September 1, 2009 and following such hearing found this Ordinance to be in the best interests of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont desires to amend Chapter 98 Parking and vehicular use areas, Section 98-14 Table of minimum parking space requirements; Chapter 122 Zoning, Article III Districts, Division 1, Generally, Section 122-63 districts enumerated; Division 8, O-1 Office district, Section 122-1.90 Intent, Section 122-191 Site plan review, Section 122-192 Permitted uses, Section 122-193 Conditional uses, Section 122-194 Lot and height requirements, Section 122-195 Yards; Division 9, C-1 Light commercial district; Division 10, C-2 General commercial district; Division 11, CBD Central business district, Section 122- 247 Off-street parking; Division 12, M-1 Industrial district; Division 13, PR Parks & recreation district; of the City of Clermont's Code of Ordinances; and NOW, THEREFORE, be it enacted by the City Council of the City of Clermont, Florida as follows: SECTION 1. The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The City of Clermont Code of Ordinances is hereby amended to read as follows: CITY OF CLERMONT ORDINANCE NO. 373-C Page 2 Chapter 98 PARKING AND VEHICULAR USE AREAS Sec. 98-14. Section 98-14 Table of minimum parking space requirements. (a) Determination for unlisted uses or alternative parking. If the proposed use is not listed or compatible with a use listed in the Table of minimum parking space requirements, the Planning & Zoning Director, who after consultation with the Site Review Committee, shall make a determination of the appropriate parking for the proposed use. In reaching the determination, the director shall consider and be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the proposed use, parking requirements of such uses in other jurisdictions, special conditions or situations of the proposed use, or a combination of sources. (b) Minimum off-street parking space requirements area as follows: TABLE INSET: Land Use Single-family Multifamily Multifamily Multifamily Mobile home parks Churches and funeral homes Offices and veterinary clinics Hospitals, clinics, ACLFs and nursing homes Plus Plus Roominghouses and boardinghouses Nursery schools, child care centers, kindergartens, or public, vocational and professional schools Plus Minimum Number of per Unit of Measure Spaces perlndicated Unit 2 Per dwelling unit 1.5 Per one-bedroom unit 2 Per two-bedroom unit 2.5 Per three-bedroom unit 2 Per dwelling unit 1 Per 4 permanent seats in the sanctuary or assembly room 1 Per 200 square feet of floorspace 1 For each 4 beds 1 For each doctor 1 For each 4 employees 1 For each bedroom 1 Per 300 square feet of classroom space 1 For each staff member CITY OF CLERMONT ORDINANCE NO. 373-C Page 3 Plus 1 For each 4 employees Retail business, wholesale business and personal services 1 Per 200 square feet of floor space Theaters, auditoriums and 1 For each 4 seats in the assembly cinemas rooms Hotels and motels 1 For each accommodation Plus 1 For each 3 employees Restaurants, takeout only 1 Per 100 square feet of gross floor area Restaurants and lounges 1 Per 50 square feet of floor area devoted to patron use Plus 1 For each 4 employees Automotive services and gas 4 For each grease rack or similar stations facility Plus 1 For each employee Recreation facilities 1 Per 200 square feet of floor area devoted to patron use Golf course 6 1 Per green Per practice tee Lodges and clubs 1 Per 50 square feet of floor space Light manufacturing 1 Per 500 square feet of floor area For each 2 employees based on the Or 1 greatest number of employees at work on the largest shift, whichever is greater Per 1,000 square feet of floor area, Unmanned utility facilities 1 with a minimum of 2 spaces required Per 1,000 square feet of floor space, Warehouse 1 with a minimum of 2 spaces required Note: Planned unit developments shall provide off-street parking based upon the aggregate sum of all proposed uses. Chapter 122 ZONING ARTICLE III. DISTRICTS CITY OF CLERMONT ORDINANCE NO. 373-C Page 4 DIVISION 1. GENERALLY Sec. 122-63. Districts enumerated. For the purposes of this chapter, the city is divided into ten districts designated as follows: UE Urban estate low density residential district R-1-A Single-family low density residential district R-1 Single-family medium density residential district R-2 Medium density residential district R-3-A Residential/professional district R-3 Residential/professional district O-1 Office district C-1 Light commercial district C-2 General commercial district CBD Central business district M-1 Industrial district PR Parks & recreation district DIVISION 8. O-1 OFFICE DISTRICT Sec. 122-190. Intent. (a) The intent of this office district is to provide areas in the city to accommodate both business and professional offices, and some support services. Areas zoned for office use shall be appropriately located throughout the city to serve the general public and not create an adverse effect on adjacent areas. Mixed uses of buildings are permitted. (b) The City encourages the location of office structures in appropriate locations so that business and professional services can more adequately and conveniently serve the city's residents, certain job opportunities can be created within the city to improve the city's economic base and residents can be given the opportunity to work within the city and can be provided convenient, modern office buildings in landscaped settings which can add to the attractiveness of the city. Sec. 122-191. Site plan review. CITY OF CLERMONT ORDINANCE NO. 373-C Page 5 A site plan is required for uses in the O-1 district and must be approved by the administrative official. Sec. 122-192. Permitted uses. (a) Generally. Permitted uses in the O-1 district are as follows: (1) Professional offices, such as those of architects, medical doctors, dentists, professional engineers, attorneys, public accountants; (2) Medical and dental laboratories; (3) Hospitals and medical clinics (does not include animal hospitals); (4) Business offices such as stockbroker's offices, real estate offices, executive or administrative offices for business, insurance offices; state licensed massage therapists. (5) Financial institutions, including banks, savings and loan associations and credit unions; (6) Business services such as telephone answering services, tabulating and computing services, copy services, public stenographers, etc.; (7) Off-street parking lots except those for the parking of heavy duty construction equipment, trucks, drill rigs or by truck van rental companies; (8) Professional services of photographic studios and photographic production when done in conjunction with photographic studios for their exclusive use; (9) Fine arts museums and fine arts instruction including: Art instruction limited to painting, sculpture, pottery and photography. Dance instruction limited to ballet, tap, jazz and modern dance. Music instruction limited to piano, symphony instruments, acoustic guitar but not electric guitar or other amplified instruments; (10) Travel agencies; (11) Pharmacy store within a medical office building which sells prescription and nonprescription drugs, medicines and medically related equipment only. Maximum 10 percent of medical office building floor space; (12) Other uses which are similar and compatible to the uses permitted herein which adhere to the intent of the district and which are not prohibited as specified in this code. Use determination shall be based on the Site Review Committee's recommendation. (b) Floorspace. Any business establishment or structure proposing to occupy more than 20,000 square feet of floorspace shall require a conditional use permit. The floor area ratio for any structure shall not exceed that identified by policies of the adopted comprehensive plan. No more than 25 percent of the total floor area of a building maybe devoted to storage. (c) Uses to be enclosed; outdoor storage. All uses must be conducted within a completely enclosed building, except for outdoor storage, which must be screened from a public street and adjacent property. CITY OF CLERMONT ORDINANCE NO. 373-C Page 6 Sec. 122-193. Conditional Uses. (a) Conditional uses in the O-1 district are as follows: (1) Drive-in components of any business; (2) Buildings over 20,000 square feet; (3) Fitness facility, exercise or health club. (4) Other similar service activities where integrated within a primary use structure and oriented towards serving the individuals employed within or served by the primary use structure. Such use may include: newspaper, card and gift shop, florist, restaurants or cafeteria (excluding drive-thru facilities and limited to 10 percent of any floor area of any building). (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the Planning & Zoning Commission and approval of the City Council, are not more obnoxious to the district than the uses provided in this section. All conditional uses must be provided per chapter 86, article III, division 3. Sec. 122-194. Lot and height requirements. Lot and height requirements for the O-1 district are as follows: (1) Impervious surface coverage. Maximum impervious surface coverage is 70 percent. (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Any buildings or structures higher than 55 feet must obtain a variance by the City Council. Facilities owned by the city are exempt from the height regulations. Sec. 122-195. Yards. Minimum yard requirements for the O-1 district are as follows: (1) Front yard. The minimum front yard setback shall be 25 feet. (2) Side yard. The minimum side yard setback shall be 10 feet. On corner lots, astreet-side yard setback of 25-feet shall be maintained. CITY OF CLERMONT ORDINANCE NO. 373-C Page 7 (3) Rear yard. The minimum rear yard setback shall be 25 feet. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a permitted or conditional office use abuts a residential use, the use shall provide a landscaped buffer strip along the abutting property line in accordance with commercial uses as required in Chapter 118, Vegetation. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. DIVISION 9. C-1 LIGHT COMMERCIAL DISTRICT DIVISION 10. C-2 GENERAL COMMERCIAL DISTRICT DIVISION 11. CBD CENTRAL BUSINESS DISTRICT Section 122-247.Off-street parking (d) Determination for unlisted uses or alternative parking. If the proposed use is not listed or compatible with a use listed in the Table of minimum parking space requirements, the Planning & Zoning Director, who after consultation with the Site Review Committee, shall make a determination of the appropriate parking for the proposed use. In reaching the determination, the director shall consider and be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the proposed use, parking requirements of such uses in other jurisdictions, special conditions or situations of the proposed use, or a combination of sources. DIVISION 12. M-1 INDUSTRIAL DISTRICT DIVISION 13. PR PARKS & RECREATION DISTRICT SECTION 3: CITY OF CLERMONT ORDINANCE NO. 373-C Page 8 Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this ordinance shall be effective as provided by law. PASSED AND ORDAINED BY the City of Clermont, Lake County, Florida on this 24th day of November 2009. AROLD S. TURVILLE, J ayor ATTEST: ,~ '/~ ~ TRACY ACKROYD, City C rk :. 4