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.
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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.
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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.
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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.
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(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.
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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.
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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.
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CITY OF CLERMONT
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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.
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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.
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(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.
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(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.
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(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.
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CITY OF CLERMONT
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(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.
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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:
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CITY OF CLERMONT
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(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.
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(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.
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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