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O-2013-04 CITY OF CLERMONT ORDINANCE No. 2013-04 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 98 PARKING AND VEHICULAR USE AREAS, CREATING A NEW SECTION 98-16 BICYCLE PARKING SPACE REQUIREMENT; CHAPTER 102 SIGNS, SECTION 102-2 DEFINITIONS, SECTION 102-7 EXEMPT SIGNS, SECTION 102-15 PERMITTED SIGNS; CHAPTER 118 VEGETATION, ARTICLE II LANDSCAPING, SECTION 118-36 PLANT MATERIAL, SECTION 118-37 LANDSCAPE BUFFERS; CHAPTER 122 ZONING, DIVISION 10, C-1 LIGHT COMMERCIAL DISTRICT, SECTION 122-203 PERMITTED USES, SECTION 122-204 CONDITIONAL USES, SECTION 122-206 YARDS; CHAPTER 122, DIVISION 11, C-2 GENERAL COMMERCIAL DISTRICT, SECTION 122-223 PERMITTED USES, SECTION 122-224 CONDITIONAL USES, SECTION 122-226 YARDS; 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 February 5, 2013 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 98 Parking and Vehicular Use Areas, Creating a New Section 98-16 Bicycle Parking Space Requirement; Chapter 102 Signs, Section 102-2 Definitions, Section 102-7 Exempt Signs, Section 102-15 Permitted Signs; Chapter 118 Vegetation, Article II Landscaping, Section 118-36 Plant Material, Section 118-37 Landscape Buffers; Chapter 122 Zoning, Division 10, C-1 Light Commercial District, Section 122-203 Permitted Uses, Section 122-204 Conditional Uses, Section 122-206 Yards; Chapter 122, Division 11, C-2 General Commercial District, Section 122-223 Permitted Uses, Section 122-224 Conditional Uses, Section 122-226 Yards; of the City of Clermont's Code of Ordinances; 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. 1 CITY OF CLERMONT ORDINANCE No. 2013-04 SECTION 2. The City of Clermont Code of Ordinances is hereby amended to read as follows (note strikethrough indicates removed words and underlined indicates added): CHAPTER 98 PARKING AND VEHICULAR USE AREAS Section 98-16 Bicycle parking space requirement cal Bicycle parking shall be provided as follows: 1. All new development shall provide parking for bicycles. The number of bicycle parking spaces provided shall be at least equal to five percent; rounded up, of the first 100 automobile parking spaces, and two percent; rounded up, for additional bicycle parking spaces for all other automobile parking spaces over 100. 2. Nonresidential uses. One automobile parking space per 50 spaces may be exchanged, providing parking for bicycles on site or at the exchanged parking space. A maximum of four automobile spaces may be exchanged. 3. Multifamily residential uses. One automobile parking spaceper 50 spaces may be exchanged, providing parking for bicycles on site or at the exchanged parking space. A maximum of two automobile spaces may be exchanged. Bicycle parking devices shall meet the following: 1. Be designed to allow each bicycle to be supported by its frame. 2. Be designed to allow the frame and wheels of each bicycle to be secured against theft, with owner lock. 3. Be designed to avoid damage to the bicycles. 4. Be anchored to resist removal and solidly constructed to resist damage by rust, corrosion, and vandalism. 5. Accommodate a range of bicycle shapes and sizes and to facilitate easy locking without interfering with adjacent bicycles. 6. Be located to prevent damage to bicycles by cars. 2 CITY OF CLERMONT ORDINANCE No.2013-04 7. Be consistent with the surroundings in color and design and be incorporated whenever possible into building or street furniture design. 8. Be located in convenient,highly visible, active, well-lit areas, and spread in groupings around the site. 9. Be located so as not to interfere with pedestrian movements. • 10. Be located as near the principal entrance of the building as practicable. 11. Provide safe access from the spaces to the right-of-way or bicycle lane. l� Y 12. All bicycle parking spaces required under this Section shall be a minimum of two feet(2') in width and six feet(6') in length. 13. Parking lot bicycle parking locations must provide bollards or similar device must be installed to help prevent bicycle damage. 10 Bicycle parking shall be reviewed and approved by the Site Review Committee. CHAPTER 102 SIGNS Section 102-2 Definitions Awning means a structure made of metal or similar framing material, cloth or other material, and attached to a building and/or carried by a frame supported by the building. Awning sign means a sign painted on,printed on, or attached flat against the surface of an awning. Marquee (or-eaftepy4 means a permanent roof-like structure supported and extending from part or all of the building face and that fully or partially covers a sidewalk, public entrance or other pedestrian way, which is constructed of some durable material such as metal, glass or plastic. Section 102-7 Exempt signs The following signs are exempt from the permit requirements of this Chapter provided they are not placed or constructed so as to create a hazard of any kind. The following signs must still meet applicable construction and electrical standards required by city, state or other appropriate agency codes. 3 CITY OF CLERMONT ORDINANCE No. 2013-04 (14) The flying of -. _ . -•- , . . . . . - -- .. ,•- _national, stateeef-city or corporate flags; provided that such flags shall not be used in such a manner as to attract attention for commercial purposes. a. Number. There shall be no more than three flags displayed on any one parcel of land or commercial development. Flags may include theUnited States flag, corporate or promotional flag and other flags from state or local governments. No flag may exceed the height or size of the United States flag. Government flags are recommended to conform to the United `States Flag Code, Public Law, 344; 36 United States Code, Sections.171-=' b. Size and placement. The size of the flag, whether on flagpole or flagstaff, shall in accordance with the chart below: Flags shall be set back at least five feet from all property lines and only be displayed-from a flagpole or flagstaff; the placement on or attached to fences, other signs, and so forth, shall not be permitted. Government flags are recommended to conform to the United - States Flag Code, Public Law, 344; 36 United States Code, Sections 171- 178. POLE HEIGHT FLAG SIZE (max.) Up to 15' 3' x 5' 20' –25' 4' x 6' 25' –35' 5' x 8' 35' –45' 6' x 10' 45' –55' 8' x 12' c. Flagpole height. The maximum height of any flagpole shall be 55 feet and shall not exceed ten feet above the height of any primary structure. (19) Awning signs shall be limited to a maximum of four (4) square feet and may be printed on or attached flat against the surface of the lower portion of an awning. An eight (8) foot clearance must be maintained from the sidewalk to the lowest portion of the awning or awning sign. Any awning sign shall count toward the maximum wall sign size per Code. Maximum one awning sign per wall. Awning signs not used in conjunction with wall signage may use up to the maximum total square footage as allowed by this Code for wall signage. Section 102-15 Permitted signs (a) Commercial districts. The following provisions govern signage in commercial districts: (1) Single occupancy commercial, office, and industrial sites, including out parcels. b. Wall signs. 4 CITY OF CLERMONT ORDINANCE No. 2013-04 1. One primary wall sign on each wall of the building, parallel or perpendicular to a road or street, not exceeding an area equal to 15 percent of the front wall face height multiplied by the building width, not exceeding 200 square feet. A secondary wall sign may be permitted on up to two walls provided it is a maximum 50 percent of the primary wall sign's square footage, and both signs square footage shall be counted separately toward the maximum total square footage as allowed by this code for wall signage. 2. e - . - . . - - . .' . -:, -:_ . _. ., . - - 200 square feet. One wall sign facing the interior of a non- ,residential development may be allowed for outparcels or interior development facing entrances. The interior facing wall sign may only be a maximum of 50 percent of any front wall sign square footage, or a maximum 32 square feet in total area, whichever is less, as allowed by this Code. 3. One marquee sign parallel or perpendicular to the road or street, not exceeding 32 square feet may be permitted provided no other wall sign is utilized on the same fascia. 4. One projecting sign per business, below a marquee or canopy, a minimum of eight feet in height above any pedestrian way, and not project beyond the sidewalk. Such signs shall not exceed four square feet. 5. High-rise, multiunit office, retail and industrial centers. High-rise, multiunit office, retail and industrial centers that have a common primary entrance may be allowed only one wall sign. Wall signs for each individual business within such a center are not permitted. i. Such signs shall be placed upon the wall of a building, or upon the parapet of a building. ii. Such signs shall not extend above the roofline of any building except when placed upon a parapet, in which case the sign shall not extend above the parapet wall. iii. All high-rise signs must clearly be on-site signs. Should circumstances change so that said signs are no longer on- site signs, they shall be deemed illegal and be removed. 5 CITY OF CLERMONT ORDINANCE No. 2013-04 iv. Where a high rise sign would be within 1,000 feet of residential districts, such high-rise sign shall not be lit v. The maximum allowable copy area for signs below 30 feet above ground level shall not be more than one square foot for each lineal foot of building frontage along the primary street frontage of the building. The maximum allowable copy area for signs higher than 30 feet above ground level shall be five square feet for every 1,000 square feet of gross floor area; provided,however that in no event shall the total sign area exceed 800 square feet. 6. A canopy located over a building front sidewalk area, parking area or storage area, or similar temporary parking use, may be utilized for a maximum 10 square foot sign. (2) Multiple occupancy commercial sites b. Wall signs. 1. One primary wall sign on each wall of the building, parallel or perpendicular to a road or street, not exceeding an area equal to 15 percent of the front wall face height multiplied by the building width, not exceeding 200 square feet. A secondary wall sign may be permitted on up to two walls provided it is a maximum 50 percent of the primary wall sign's square footage, and both signs square footage shall be counted separately toward the maximum total square footage as allowed by this code for wall signage. 2. 200 square feet. One wall sign facing the interior of a non- residential development may be allowed for outparcels or interior development facing entrances. The interior facing wall sign may only be a maximum of 50 percent of any front wall sign square footage, or a maximum 32 square feet in total area; whichever is less, as allowed by this Code. 6 CITY OF CLERMONT ORDINANCE No. 2013-04 3. One marquee sign parallel or perpendicular to the road or street, not exceeding 32 square feet may be permitted provided no other wall sign is utilized on the same fascia. 4. One projecting sign per business, below a marquee or canopy, a minimum of eight feet in height above any pedestrian way, and not project beyond the sidewalk. Such signs shall not exceed four square feet. CHAPTER 118 VEGETATION ARTICLE II. LANDSCAPING Section 118-36 Plant material (b) Trees. L5) Palms. Palm trees may be used in place of canopy trees or understory trees to meet the minimum tree requirements. In no case shall the total number of palms of all species combined account for more than twenty (20) percent of the required canopy trees nor more than twenty (20) percent of the required understory trees. The minimum size of palms is six (6) feet of clear trunk for tree form palms. Two (2) palm trees count as one (1) canopy or understory tree unless it is a large specimen palm tree such as a Medjool or Date Palm which may be counted as one (1) palm tree to one (1) canopy or understory tree. Palm tree replacement species and locations must be approved by the Clermont Site Review Committee. Section 118-37 Landscape buffers lWc Landscape buffers under utility lines. Landscape buffers that are required under this Article II that are within 20 feet of existing electric power utility lines may substitute the required canopy trees with understory trees as listed in Section 118- 41 Preferred Tree List. Substituted understory trees must use a variety of understory trees and shall not include any more than fifty(50)percent of a single variety. Any substitutions must be approved by the Site Review Committee with submittal of a landscape plan. All tree trimming and maintenance must be in accordance with Section 118-35 Maintenance and Pruning. 7 • CITY OF CLERMONT ORDINANCE No. 2013-04 CHAPTER 122 ZONING DIVISION 10 • C-1 LIGHT COMMERCIAL DISTRICT Section 122-203 Permitted uses (a) Generally. Permitted uses in the C-1 district are as follows: (1) Retail businesses which supply commodities on the premises, such as but not limited to groceries, baked goods or other foods, drugs, dry goods, clothing, decorations, hardware, furniture, appliances, sporting goods, flowers, etcetera. (2) Personal service establishments, such as but not limited to beauty shops or barber shops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners. Permanent makeup service may be allowed as an accessory use; with a Business Tax Receipt and with medical supervision, within an existing salon, beauty shop, barber shop, medical office, or similar use. Such service shall be limited to the face area and would consist of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner definition. (3) Professional offices, doctor offices, banks, loan companies, insurance and real estate offices, and similar businesses. (4) Dwelling units permitted in the R-3 district, provided that they meet the regulations of the R-3 district. (5) Buildings, structures and uses maintained or operated by the City. (6) Lodges and clubs. (7) Churches and places of religious worship, less than one acre or 5,000 square feet or less. Restaurants (9) Shopping centers. Any group of businesses with shared parking or in which the total land area of the development less than five acres. (b) Floor space. Any business establishment or structure proposing to occupy more than 5,000 square feet of floor space 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. 8 CITY OF CLERMONT ORDINANCE No. 2013-04 (c) Uses to be enclosed; outdoor storage. All uses must be within a completely enclosed building, except for outdoor storage, which must be screened from public streets and adjacent property. (d) Sidewalk use. Restaurant or food service business establishments may utilize outside private sidewalk area adjacent to the business for patron use to include non-fastened small tables and chairs or benches during business hours only. Businesses which utilize this type of sidewalk use shall maintain at least a four- foot wide open area for passage from one property to the next, from the inside of any curb toward the business front, and in accordance with the Americans with Disabilities Act(ADA). Where such four-foot open space is not available, table or chairs shall not be allowed. All such uses shall be approved by the applicable City administrator. Number and size limitations are as follows: (1) Limited to 50 percent of restaurant frontage as approved by the Planning and Zoning department. (2) Maximum number of tables and chairs; four tables with maximum four chairs each. (3) Maximum table width; four feet. (4) Umbrellas may be utilized provided they adhere to the four-foot clearance for Americans with Disabilities Act (ADA) access and do not have any advertising unless approved by the Planning and Zoning department. (e) Restaurants or similar food service business establishments with larger outdoor seating area available that can be isolated may be permitted with the following provisions: (1) Site plan approval is required by the Site Review Committee. Location and any separation from other uses; sidewalks, parking, landscape, and so forth,must be demonstrated and maintained. (2) Separation or isolation from other uses may be provided with decorative fencing; no chain link is permitted, landscaping, or similar materials as approved by the Site Review Committee. (3) Outdoor seating cannot exceed more than half the total square feet or number of seats; whichever is less, of the indoor seating area. (4) Any outdoor seating shall be provided for with approved parking spaces according to the Land Development Code. 9 CITY OF CLERMONT ORDINANCE No. 2013-04 (5) All sidewalks and pedestrian access areas shall maintain Americans with Disabilities Act(ADA) accessibility. (6) No advertising shall be permitted on table umbrellas or fencing material unless approved by the Planning and Zoning department. (7) Required landscaping must be maintained in accordance with the City Land Development Code. Section 122-204 Conditional uses (a) Conditional uses in the C-1 district are as follows: (1) Retail businesses, personal service establishments, professional offices, lodges and clubs and churches greater than 5,000 square feet; provided, however, that no retail establishment may occupy more than 100,000 square feet. (2) Public or semipublic facilities or structures not maintained or operated by the City and not listed under permitted uses; such as operated by any other unit of government. (3) Utility facilities; such as electrical transformers, gas regulator stations; and so forth. (4) Hospitals, clinics, nursing homes, and funeral homes. (5) Nursery schools, kindergartens or child care centers; provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met. (6) Cemeteries. (7) Private schools. (8) Mobile home parks per Article V of this Chapter. (9) Planned unit developments per Article IV of this Chapter. (10) Convenience stores and gas stations. (11) Laundries. (12) Automobile and truck services. 10 CITY OF CLERMONT ORDINANCE No. 2013-04 (13) Lounges. (14) Bed and breakfast inns per Article V of this Chapter. (15) Shopping centers; any group of businesses with shared parking or in which the total land area of the development five acres or more. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the Planning and Zoning Commission and approval by the City Council are not more obnoxious to the district than uses provided in this Section. All conditional uses must be provided per Chapter 86, Article III, Division 3. Section 122-206 Yards (2) Side yard. The minimum side yard setback shall be 12 feet. When-a of way side' ara i required, except on On corner lots, a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. DIVISION 11 C-2 GENERAL COMMERCIAL DISTRICT Section 122-223 Permitted uses (a) Generally. Permitted uses in the C-2 district are as follows: (1) Retail businesses: Any retail business or service, including the sale of goods and services for resale, as long as it is incidental to and in conjunction with a retail business. (2) Personal service establishments, such as but not limited to beauty shops or barber shops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaning establishments. Permanent makeup service may be allowed as an accessory use; with a Business Tax Receipt and with medical supervision, within an existing salon, beauty shop, barber shop, medical office, or similar use. Such service shall be limited to the face area and would consist of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner definition. 11 CITY OF CLERMONT ORDINANCE No. 2013-04 (3) Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices, and similar businesses. (4) Automobile and truck services, carwashes, and automobile, truck, boat and farm equipment sales. (5) Recreation facilities, theaters; including drive-ins, bowling alleys, skating rinks, billiard halls, miniature golf courses, driving ranges and tourist attractions. (6) Restaurants and lounges. (7) Buildings, structures or uses maintained or operated by the City. (8) No retail establishment may occupy more than 100,000 square feet. (9) Lodges and clubs. (10) Laundries. (11) Hotels and motels. (12) Convenience stores and gas stations. (13) Shopping centers; Any group of businesses with shared parking or in which the total land area of the development less than 10 acres. (14) Nursery schools, kindergartens or child care centers; provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met. (b) Floor space. Any business establishment or structure proposing to occupy more than 20,000 square feet of floor space 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. (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. (d) Sidewalk use. Restaurant or food service business establishments may utilize outside private sidewalk area adjacent to the business for patron use to include non-fastened small tables and chairs or benches during business hours only. 12 CITY OF CLERMONT ORDINANCE No. 2013-04 Businesses which utilize this type of sidewalk use shall maintain at least a four- foot wide open area for passage from one property to the next, from the inside of any curb toward the business front, and in accordance with the Americans with Disabilities Act. Where such four-foot open space is not available, table or chairs shall not be allowed. All such uses shall be approved by the applicable City administrator. Number and size limitations are as follows: (1) Limited to 50 percent of restaurant frontage as approved by the Planning and Zoning department. (2) Maximum number of tables and chairs; four tables with maximum four chairs each. (3) Maximum table width; four feet. (4) Umbrellas may be utilized provided they adhere to the four-foot clearance for Americans with Disabilities Act access and do not have any advertising. (e) Restaurants or similar food service business establishments with larger outdoor seating area available that can be isolated may be permitted with the following provisions: (1) Site plan approval is required by the Site Review Committee. Location and any separation from other uses; sidewalks, parking, and landscape for example,must be demonstrated and maintained. (2) Outdoor seating cannot exceed more than half the total square feet or number of seats, whichever is less, of the indoor seating area. (3) All sidewalks and pedestrian access areas shall maintain Americans with Disabilities Act accessibility. (4) No advertising shall be permitted on table umbrellas or fencing material unless approved by the City Administrative Official. (5) Required landscaping must be maintained in accordance with the City Land Development Code. Section 122-224 Conditional uses (a) Conditional uses in the C-2 district are as follows: 13 CITY OF CLERMONT ORDINANCE No. 2013-04 (1) Manufacturing; provided such manufacturing employs not more than five persons and is incidental, complementary to and in conjunction with a retail business or service. (2) Residential storage warehouses where storage facility uses are exclusively for storing excess personal property generally stored in residential accessory buildings. This shall not include the storage of manufacturing or commercial products. (3) Shopping centers; any group of five or more businesses with shared parking or in which the total land area of the development exceeds five is 10 acres or more. (4) Agricultural service operations. (5) Public or semipublic facilities or structures not operated by the City and not listed as a permitted use. (6) Utility facilities; such as electric transformers, gas regulator stations, and so forth. (8) Laufidpies (7) recreational vehicle parks. (8) Hospitals, clinics, and nursing homes. (9) Automobile and truck repair garages; and painting, welding and body shops. (10) Dwelling units provided that the requirements of the R-3 zone are met, mobile home parks per Article V of this Chapter, and Planned Unit Developments per Article IV of this Chapter. (13) k . •- - . . •, . - - • . . . - - - - . . . - - . . . . . play a1ea i enclosed b.. a fcnce at least four fcct high and all State (11) Kennels or veterinary clinics, provided that all animal services and confinement areas, including runs, are in air conditioned and sound- attenuated buildings. 14 CITY OF CLERMONT ORDINANCE No. 2013-04 (12) Churches, funeral homes and cemeteries. (13) Ne retail establishments may-e eupy more than 100,000 square feet. (17) _ . _ . . ... . . . _ - (14) Private schools. (15) Bus terminals, major equipment sales, manufactured housing sales, travel trailer and recreational vehicle sales. (16) Bed and Breakfast Inns. (b) In case of uncertainty of the classification of any use, uses may be permitted which; after consideration by the Planning and 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. Section 122-226 Yards (2) Side yard. The minimum side yard setback is 12 feet. When ° commerci l On corner lots where a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. 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. 15 CITY OF CLERMONT ORDINANCE No. 2013-04 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 26th day of February, 2013. CITY OF CLERMONT Harold S. Turville, Jr., Mayor ATTEST: ?' , ,as Tracy Ac yd, City Clerk Approved as to form and legality: AlaA110