2011-03-CCITY OF CLERMONT
ORDINANCE No. 2011 -03 -C
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 2
ADMINISTRATION, ARTICLE VI FINANCIAL MATTERS, DIVISION 2
IMPACT FEES, SECTION 2 -262 REQUIRED; CHAPTER 6 ALCOHOLIC
BEVERAGES, SECTION 6 -1 LICENSING VENDORS NEAR SCHOOL
OR CHURCH; STANDARD OF MEASUREMENT; CHAPTER 18
BUSINESSES, ARTICLE II SOLICITORS, PEDDLERS AND ITINERANT
VENDORS, DIVISION 4 PEDDLERS AND ITINERANT VENDORS,
SECTION 18 -83 PROHIBITIONS; CHAPTER 34 ENVIRONMENT,
ARTICLE II NOISE, SECTION 34 -21 LOUD, DISTURBING AND
UNNECESSARY; ENUMERATIONS, SECTION 34 -32 BUSINESS NOISES
IN RESIDENTIAL SECTIONS OF THE CITY; ARTICLE IV JUNKED,
WRECKED, ABANDONED PROPERTY, SECTION 34 -91 DEFINITIONS,
SECTION 34 -95 PROHIBITION OF STORAGE WITHIN RESIDENTIAL
AREAS, SECTION 34 -96 REMOVAL WITHIN 72 HOURS OF NOTICE;
SERVICE; CERTIFICATE OF NOTICE; CHAPTER 90 CONCURRENCY
MANAGEMENT, ARTICLE I IN GENERAL, SECTION 90 -6 ADOPTED
LEVEL OF SERVICE STANDARDS; CHAPTER 118 VEGETATION,
ARTICLE III TREES, DIVISION 1 GENERALLY, SECTION 118 -71
MINIMUM TREE REQUIREMENTS, DIVISION 3 TREE REMOVAL
PERMIT, SECTION 118 -112 APPLICATION; CHAPTER 122 ZONING,
ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS, SECTION
122 -341 ACCESSORY USES AND STRUCTURES; PROVIDING FOR
CODIFICATION; SEVERABILITY; EFFECTIVE DATE; AND
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 June 7, 2011 and following such hearing found this Ordinance to be
in the best interest 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 2
Administration, Article VI Financial Matters, Division 2 Impact Fees, Section 2 -262 Required;
Chapter 6 Alcoholic Beverages, Section 6 -1 Licensing vendors near school or church; standard
of measurement; Chapter 18 Businesses, Article II Solicitors, Peddlers and Itinerant Vendors,
Division 4 Peddlers and Itinerant Vendors, Section 18 -83 Prohibitions; Chapter 34 Environment,
Article II Noise, Section 34 -21 Loud, disturbing and unnecessary; enumerations, Section 34 -32
Business noises in residential sections of the City; Article IV Junked, Wrecked, Abandoned
Property, Section 34 -91 Definitions, Section 34 -95 Prohibition of storage within residential
areas, Section 34 -96 Removal within 72 hours of notice; service; certificate of notice; Chapter 90
Concurrency Management, Article I In General, Section 90 -6 Adopted level of service standards;
Chapter 118 Vegetation, Article III Trees, Division 1 Generally, Section 118 -71 Minimum tree
requirements, Division 3 Tree Removal Permit, Section 118 -112 Application; Chapter 122
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ORDINANCE No. 2011 -03 -C
Zoning, Article V Supplementary District Regulations, Section 122 -341 Accessory uses and
structures; of the City of Clermont's Code of Ordinances; and
NOW, THEREFORE, BE IT ORDAINED 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:
Chapter 2. ADMINISTRATION
ARTICLE VI. FINANCIAL MATTERS
DIVISION 2. IMPACT FEES
Sec. 2-262 Required
Each person who shall apply for a City zoning clearance, building permit or change of
use, shall pay impact fees in the manner and in the amount set forth in this division. Such
fees shall be collected and used by the City only in such manner as set forth in this
division. If there is a change of use, the highest impact fee shall be adhered to and credit
for the less intense use may be credited toward the impact fee. New lower intense uses
occupying a building shall not be allowed refunds of impact fees previously paid from a
prior more intense use.
Chapter 6. ALCOHOLIC BEVERAGES
Section 6 -1 Licensing vendors near school; standard of measurement
No license shall be granted to any licensee under this Chapter for the on -site consumption
of alcohol where the vendor's or licensee's place of business is within 500 feet of a
school, which distance shall be measured by following the shortest route of ordinary
pedestrian travel along the public thoroughfare from the main entrance of such place
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ORDINANCE No. 2011 -03 -C
of business to the main entrance of a school, to the nearest point of the school
grounds in use as part of the school facilities. Within the Central Business Zoning
District (CBD), the 500 foot distance to a school shall not apply for a business that
sells alcoholic beverages for package or onsite consumption, regardless of which
was established first.
Chapter 18. BUSINESSES
ARTICLE IL SOLICITORS, PEDDLERS AND ITINERANT VENDORS
DIVISION 4. PROHIBITIONS
Section 18 -83 Unlawful activities
It is unlawful for any individual solicitor, agent or peddler, including any employee or
agent of a charitable organization, as defined in section 12 -31(a) to:
(1) Enter the premises uninvited of a private residence for the purpose of selling or
solicitation orders for goods, wares or merchandise, personal services or
information when a "no solicitors" sign is posted.
(2) Remain upon any premises after the owner or occupant requests the solicitor to
depart.
(3) Make uninvited sales calls before 9:00am and after 8:30pm.
(4) Approach back or rear doors or the sides or rear of residential premises.
(5) Refuse or fail to exhibit his solicitor's permit identification card, if required to
possess one, upon request by any law enforcement officer, code enforcement
officer or citizen solicited.
(6) Refuse or fail to identify themselves by name and organization or entity by
which he is employed or acting as an agent for, upon request of any law
enforcement officer or citizen solicited.
(7) Sales within road right -of -ways.
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ORDINANCE No. 2011 -03 -C
Chapter 34. ENVIRONMENT
ARTICLE IL NOISE
Section 34 -21 Loud, disturbing and unnecessary; enumerations
The creation of any unreasonably loud, disturbing and unnecessary noise in the City is
prohibited. Noise of such character, intensity and duration as to be detrimental to the life
or health of any individual is prohibited. The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this section, but such
enumeration shall not be deemed to be exclusive:
(1) Blowing horns or signal devices. The sounding of any horn or signal device on
any automobile, motorcycle, bus or other vehicle while not in motion, except as a
danger signal if another vehicle is approaching apparently out of control, or if in
motion only as a danger signal after or as brakes are being applied and
deceleration of the vehicle is intended, the creation by means of any such signal
device of any unreasonably loud or harsh sound, and the sounding of such device
for an unnecessary and unreasonable period of time.
(2) Building operations. The erection (including excavation), demolition, alteration
or repair of any building other than between the hours of 7:00am and 8:00 pm
Monday through Saturday and 9:00 am to 6:00 pm on Sunday, except in case
of urgent necessity in the interest of public safety and then only with the
permission of the Planning and Zoning Department.
(3) Exhaust discharge. The discharge into the open air of any steam engine,
stationary internal combustion engine, motor vehicle or motor boat engine, except
through a muffler or other device which will effectively prevent loud noises there
from.
(4) Fireworks. The use of fireworks and other noise - making explosives and devices,
unless a written permit is first obtained as provided by law.
(5) Hawking and peddling. The shouting and crying of peddlers, hawkers and
vendors which disturb the peace and quiet of the neighborhood.
(6) Keeping of animals. The keeping of any animal or bird, which by causing
frequent or loud noise shall disturb the comfort and repose of any person in the
vicinity.
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(7) Loading and unloading operations. The creation of a loud and excessive noise in
connection with loading or unloading of any vehicle, trailer or container, or the
opening and destruction of bales, boxes, crates and containers.
(8) Noises near churches, schools, institutions of learning or hospitals. The creation
of any excessive noise on any street adjacent to any church, school or institution
of learning while the same are in session, or adjacent to any hospital, which
unreasonably interferes with the workings of such institutions, provided
conspicuous signs are displayed in such streets indicating that the same is a
church, school or hospital.
(9) Noises to attract attention. The use of any drum, pan, pail, bell, horn, trumpet,
loudspeaker or other instrument or device for the purpose of attracting attention or
intended to attract attention to any performance, show, sale or display of
merchandise, except after obtaining permission from the City.
(10) Playing of radio, phonograph or any musical instrument. The playing of any
radio, phonograph or any musical instrument in such a manner or with such
volume, particularly during the hours between 11:00pm and 7:00am, as to annoy
or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other
type of residence.
(11) Use of vehicles. The use of any automobile, motorcycle or vehicle so out of
repair, so loaded or in such a manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
Sec. 34 -32 Business noises adjacent to residential sections of the City
Noises created from nonresidential areas that are adjacent to or spill -over into residential
areas shall be prohibited in accordance with the hours listed below. Noises may include
but are not limited to the following: The blowing or burning of carbon from cylinders,
testing engines, operating machinery or the performing of any kind of work of any nature
whatsoever, which produces noises of any kind audible outside of any garage, shop or
other place of business located adjacent to the residential sections of the City between the
hours of 9:00pm and 7:00 am on any day shall be a violation of the Code. Truck
deliveries shall also be prohibited between the hours of 10:00pm and 7:00am for the
same locations adjacent to residential sections of the City.
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CITY OF CLERMONT
ORDINANCE No. 2011 -03 -C
ARTICLE IV. JUNKED, WRECKED, ABANDONED PROPERTY
Sec. 34-91 Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Junkyard means any area of land, including structures thereon, that is used or designed
to be used for the buying and selling at retail and/or wholesale, and /or storage, or
remodeling or reconditioning of old, used or secondhand materials or items of any kind,
which among others include cloth, rubber, paper, rubbish, bottles, iron, brass, copper,
steel and other metals, furniture and used inoperative motor vehicles or parts thereof, or
other like articles, exclusive of or in conjunction with any other use.
Residential section means any property now or hereafter zoned under the zoning law of
the City as UE, UT, R -lA, R -1, R -2, R -3 -A, R -3, or any other zoned area where such
property within such zoned area is used for residential purposes.
Nonresidential section means any property now or hereafter zoned or under zoning law
of the City as 0-1, C -1, C -2, CBD, M -1, CD, or any other zoned area where such
property within such zoned area is used for non - residential purposes, to include but not
limited to commercial retail, office, industrial, non - profit, or any other similar type uses.
Sec. 34 -95 Prohibition of storage of certain items
No person or business shall keep, store or allow to remain on any property within any
section of the City any dismantled, partially dismantled, nonoperative, or discarded
machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk. For
purposes herein, a vehicle that does not have a current and valid Motor Vehicle license
tag shall be presumed to be non - operative. Storage of untagged vehicles, boats or
similar items shall be allowed if contained within an enclosed structure such as a garage
or warehouse.
Approved non - residential uses that, as part of the operation of the business have such
approved temporary storage for any of those uses listed above, may continue such use.
New businesses after approval of this section shall provide an approved, permitted, and
completely opaque screening enclosure. Opaque screening must be approved by the Site
Review Committee and be in accordance with the Architectural Standards, permitted and
installed for such use.
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ORDINANCE No. 2011 -03 -C
Sec. 34 -96 Removal within 5 business days of notice; service; certificate of notice.
No person in charge or control of any property in a residential or non-residential
of the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any
dismantled, partially dismantled, non - operative, or discarded machinery, appliances,
vehicles, boats, or parts thereof, scrap metal or junk to remain on such property longer
than 5 days after notice by the City to remove such junk is given to the owner. If the
owner is not present, then the notice may be given to any person occupying the property.
If it is impractical to give the occupant written notice, then the notice shall be posted
upon the property, and the certificate by the Clerk or City Manager of such notice shall
be prima facie evidence that the notice was given in the manner certified to by the Clerk
or City Manager. No person shall leave any such items on any residential property within
the City for a longer time than 5 days.
Chapter 90. CONCURRENCY MANAGEMENT
ARTICLE L IN GENERAL
Section 90 -6 Adopted Level of Service Standards
(6) Recreation/ open space. The standards for recreation/open space are as follows:
Activitv & Resource /Facility
Population standard
Park Acreage Active /Passive
10 acres 1,000
Baseball/Softball Field
1 ner 2.000
Basketball Court
1 ner 3.600
Football/Soccer Field
1 ner 7.000
Equipped Pla Area
1 ger 3
18 -hole Golf Course
1 ner 25.000
Recreational Building
1 ner 15.000
Racquetball Court
1 ger 15
Shuffleboard Court
1 ner 5.000
Swimming Pool
1 ner 35.000
Tennis Court
1 ner 2.000
Volleyball Court
1 ger 6 000
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ORDINANCE No. 2011 -03 -C
Chapter 118. VEGETATION
ARTICLE III. TREES
DIVISION 1. GENERALLY
Section 118 -71 Minimum tree requirements
No Certificate of Occupancy shall be issued by the City on the following types of
construction unless the underlying parcel has not less than the indicated minimum
number of approved trees:
(a) General requirements for the number of trees on residential and non - residential
development shall be as follows:
(1) Any new single - family or duplex dwelling unit on a single lot shall have
not less than three trees.
(2) Any new multifamily development shall have not less than one tree per
unit.
(3) Any single commercial, industrial or other structure requiring site plan
approval under the zoning regulations, Chapter 122, or the subdivision
regulations, Chapter 110, shall provide not less than four trees per acre,
with a minimum of four trees. Trees required under Article II of this
Chapter, other than buffer or perimeter trees, may be counted to meet this
requirement.
(b) Kings Ridge residential lot tree requirements: residential lots located within the
Kings Ridge development located east of U.S. Highway 27, west of Hancock
Road, north of Hartwood Marsh Road, and south of Sunburst Lane, shall include
the provisions as follows, unless covered elsewhere in the Land Development
Code:
(1) Front yard trees: A minimum of one (1) canopy tree shall be located in
the front yard of each residence in accordance with Section 118 -36, Plant
material. Said tree shall be approved by the Kings Ridge Community
Association (a.k.a. Master HOA) or their appointed representative(s).
CITY OF CLERMONT
ORDINANCE No. 2011 -03 -C
a. Where front yard space is reduced due to development of the lots
within a cul -de -sac, pie shaped lots, or lots with reduced widths,
canopy trees may be substituted with understory trees in order to
permit proper growth. Understory trees shall be in accordance
with Section 118 -36, Plant material, and approved by the Kings
Ridge Community Association (a.k.a. Master HOA) or their
appointed representative(s).
(2) Rear yard trees: A minimum of one (1) understory or fruit tree shall be
located in the rear or side yard of each residence. Due to the plantings on
adjacent lots or tracts, the species, location and size of each of these trees
shall be approved by the Kings Ridge Community Association (a.k.a.
Master HOA) or their appointed representative(s).
(3) Permitting and tree removal: The Kings Ridge Community Association
(a.k.a. Master HOA) or their appointed representative(s) shall provide
written approval to the homeowner for authorized removal and /or
replacement of any residential lot canopy trees. Said approval letter shall
be submitted to the City Planning & Zoning Dept. to apply for a Tree
Removal Permit. Payment for a Tree Removal Permit is required in
accordance with City Code. No trees shall be removed until such
permitting is completed.
DIVISION 3. TREE REMOVAL PERMIT
Section 118 -112 Application
(a) An application for tree removal shall be filed on official forms provided by the
City. Completed applications shall be returned to the City along with the
following:
(1) A tree inventory consisting of a scaled aerial photograph at a scale of one
inch equals 100 feet or greater, or drawing at a scale of one inch equals
40 feet or greater, indicating:
a. Property boundaries.
b. Location of all individual trees of six (6) inches and greater,
including the circumference of the tree measured at four and one -
half feet above the existing grade and its common name.
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CITY OF CLERMONT
ORDINANCE No. 2011 -03 -C
C. An indication of all trees proposed for removal, including
replacement.
(2) Reasons for removal of trees.
(3) The appropriate permit fee as set by resolution of the City Council and on
file in the City Clerk's office.
Chapter 122. ZONING
ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS
Section 122 -341 Accessory Uses and Structures
(a) Generally. Specific accessory uses and structures shall comply with the
regulations in this section.
(b) Principal use required. Accessory uses and structures shall:
(1) Be customarily incidental to the principal use established on the same lot;
(2) Be subordinate to and serve such principal use;
(3) Be subordinate in area, extent and purpose to such principal use; and
(4) Contribute to the comfort, convenience or necessity of users of such
principal use.
No accessory structure or use shall be permitted on any lot without an established
principal use on the same lot within the applicable zoning district.
(c) Additional regulations; prohibited uses and structures.
(1) Signs, fences, walls, parking and loading areas, and other such features
which are typically located within required yard areas shall comply with
the applicable provisions of this land development code for such uses and
structures.
(2) Any specific accessory use or structure which is not addressed within this
Chapter shall not be located on any lot.
(d) Maximum size. Unless otherwise described in this Chapter, the minimum
permitted size for any structure shall be as outlined in Article III of this Chapter.
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CITY OF CLERMONT
ORDINANCE No. 2011 -03 -C
(e) Conformance with district regulations. No land shall be used or occupied and no
building or structure or part thereof shall be erected, constructed, reconstructed,
moved or altered except in conformity with the regulations specified in this
Chapter for the district in which it is located.
(f) Storage units in residential areas. Storage units or structures are designed for the
temporary storage of goods, merchandise, household items or products,
appliances, furniture or similar items.
1. Permit required. Whether designed to be portable or permanent, storage
units shall not be placed upon property within the City without first
obtaining a Zoning Clearance and a Building Permit if one is required for
installation as determined by the most current Florida Building Code.
2. Restrictions. Temporary storage units cannot exceed ten (10) feet in
height as measured from the ground to the top of the structure. Temporary
storage units are restricted to residential side yards, rear yards and
driveways. Storage units shall not be placed on any public sidewalk or
road right -of -way. Temporary storage units shall not apply to utility
trailers which must be in compliance with Section 38 -4.
3. Duration. Temporary storage units shall be limited to no longer than 15
days to one property owner, with a maximum of two per calendar year.
Multi - family residential shall be limited to five days for each unit for
moving in and moving out, with management/owner permission.
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CITY OF CLERMONT
ORDINANCE No. 2011 -03 -C
SECTION 3:
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 ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 12 day of July, 2011.
CITY OF CLERMONT
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