O-42-C
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CODE ORDINANCES
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No. 42-C
AN ORDINANCE AMENDING ORDINANCE NUMBER 126, ADOPTED DECEMBER 7, 1954~èþy
THE CLERMONT CITY COUNCIL: BEING A COMPREHENSIVE ZONING ORDINANCE FOR
THE PURPOSE OF PROMOTING THE GENERAL WELFARE OF THE COMMUNITY: REGULATING
THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURE,
THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS,
AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION AND
USE OF BUILDINGS, STRUCTURE, AND LANDFOR TRADE, INDUSTRY, RESIDENCE, OR
OTHER PURPOSES: CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING
THE BOUNDARIES THEREOF: REGULATING OFF-STREET PARKING AND LOADING SPACES:
DEFINING CERTAIN TERMS USED HEREIN: PROVIDING FOR THE METHOD OF ADMINISTRA-
TION; ESTABLISHING THE DUTIES OF THE ZONING COMMISSION AND BOARD OF
ADJUSTMENT; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT THEREOF; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
ARTICLE I
PREAMBLE AND ENACTMENT CLAUSE
Pursuant to the authority conferred by House Bill No. 2223, Laws of
Florida, acts of 1967, and for the purpose of promoting the heaihh, safety,
morals, convenience, order, prosperity, and the general welfare of the
municipality; lessening congestion in the streets; securing safety from
fire, panic, and other dangers; providing adequate light and air; preventing
the overcrowding of land; avoiding undue concentration of population;
facilitating the adequate provision of transportation, water, sewage,
schools, parks, and other public requirements; conserving the value of
property and encouraging the most appropriate use of land and buildings
throughout the municipality, all in accordance with the General Development
Plan, the City Council of the City of Clermont, Florida, does ordain
and enact into law the following articles and sections.
ARTICLE II
SHORT TITLE
This ordinance shall be known and may be cited as "The Zoning Regulations
of the City of Clermont, P;¡'orida".
ARTICLE III
DEFINITION OF TERMS USED IN THE ORDINANCE
Except as specifically defined herein, all words used in this ordinance have
their customary dictionary definitions. For the purposes of this ordinance,
certain words or terms used herein are defined as follows:
Words used in the present tense include the future tense. Words used in
the singular include the plural, and words used in the plural include the
singular.
The word "shall" is always mandatory.
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
The word "lot" includes the word "plot" or "parcel"
The word "building" includes the word "structure".
The word "used" or "occupied", as applied to any land or building, shall be
construed to include the words "intended, arranged, or designed to be used
or occupied".
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1. Accessory use or Building: A use or building customa~lY incidental
and subordinate to the principal use or building and locá'ted on the same
lot with such p~incipal use or building."'!"';] 1"'c;<:",'~0 C'7J ~
2. Advertising Structure: Any structure of any kind ~ character erected
or maintained for outdoor advertising purposes, upon Jhich any outdoor
advertising sign may be placed. /
3. Apartment House: See Multiple Family Dwelling
4. Boarding or Rooming House: A dwelling other 1han a hotel, motel or
apartment having one kitchen and used for the pu~ose of providing meals
or lodging or bath for compensation to persons o£her than members of the
family occupying such dwelling.
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No. 42-C
5. Buffer Strip, Planted: A strip of land al g a property line reserved
for screening purposes from adjoining proper es or public right-of-ways
and planted with trees and/or shrubs in such a manner as to provide such
opaque screening. The buffer shall be P7:0P rly maintained at a minimum
height of six feet. )
6. Building: Any structure at~che:r~~ he ground and intended for
shelter, housing, or enclosure of pers n , animals, or chattels.
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7. Building, Height of: The v~ic distance from the grade to the
highest point of roof. Where n~7e has been established the height of
the building may be measured from the,mean elevation of the finished lot
at the front of the building.
8. Building Line: A line parallel ~o the front lot line, and located back
of the required front yard. The b~ilding line shall be measured from the
extreme support for the roof of t~ main structure or appurtenances thereto.
9. Center Line of Street: The c#'nter line of a street is the line surveyed
and monumented by the governinggbody ascauch or, if a center line has not
been surveyed and mónumented, 'f shall be that line running midway between
the street right of way lines.
10. Clinic: A clinic is an stablishment where patients who are not lodged
overnight are admitted for amination and treatment by one person or
group of persons practicing any form of healing or health building services
to individuals, whether su h persons be medical doctors, chiropractors,
osteopaths, chiropodists, aturopaths, optometrists, dentists, or any
such profession the prac ce of which is lawful in the State of Florida.
11. Club: Building an, facilities owned and operated by a corporation
or association of pers ns for social or recreational purposes, but not
operated primarily fo profit or to render a service which is~anstomarily
carried on as a busi ss.
12. Cluster Develo
individual buildin
space and having
A land subdivision with a majority of the
sites abutting directly on parks or other common
rect access to a public street. (See Article IX),
open
13 . Condomini
ordinance a co
Multiple Famil
and Cooperative Apartment: For the purposes of this
ominium or cooperative apartment shall be defined as
DewUing.
14. Convenience
2400 square feet
to day operation
markets and coin
Retail Business: A small retail store of no more than
of floor space which provides goods or services for day
of a household, including T.V. or radio repair, minit
operated laundried.
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15. Dwellin~, Du~lex: A building designed for ~g occupied exclusively
by two famil~es w~th separte housekeeping or cooking facilities for each
family. l
16 11' S· 1 ·1 b . ld' d .;1 d f . d
. Dwe ~ng, ~ng e Fam~ y: A u~ ~ng ez~ ne or or occup~e
exclusively by one family. I
17. Dwelling, Multiple Family: A building d ~igned for or occupied
exclusively by three or more families, withleparate housekeeping and
cooking facilities for each family.
18. Dwelling, Townhouse: A single family/dwelling unit located on a lot
no less than eighteen (18) feet in width.,7 Townhouses may have a common
fireproof wall with an adjoining townhou~è or free standing walls may
be abutted together. (See Article IX) ij
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19. Family One or more persons occup~ing a dwelling unit and living
as a single housekeeping unit. ;Y.I
20. Garage Apartment: An åccesso p'uilding not a part of or attached
to the main building, a portion of- pich contains living quarters for
not more than one (1) family anduan¡,enclosed space for at least one (1)
automobile. .............. '-..::Jj¡
21. Home Occupation: -An~cohducted entirely within a dwelling
and carried on by an occupant thefeof, which use is clearly incidental
and secondary to the use of the 4welling for dwelling purposes and does
not change the charaoterht>bereof,: Home occupations shall not be construed
to include barber shops, beautYdsalons, tearooms, food processing,
restaurants, sale of antiques, lor commercial kennels.
22. Living Area, Dwelling Un~t: A space within the confines of the
structure which is completelyjenclosed by masonry, wood or glass and is
habitble the year round. Garages, carports and utility rooms are
excluded from the living area.
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23. Lot: A parcel of lan~ occupied or capable of being occupied by one
or more buildings and thelaccessory buildings or uses customarily
incidental to it, including such open spaces as are required by this
ordinance. I
24. Lot, Corner: A parlel of land at the junction of and fronting on
two or more intersecting streets.
25. Lot, Depth: Th ¡depth of a lot is the distance measured in a mean
direction of the sideTlines of the lot from the midpoint of the front
line and the midpoint of the opposite rear line of the lot.
26. Lot, Width: TJfe distance between the side boundaries of the lot
measured at the frónt building line.
27. Major Stre~t( Any public street within the City of Clermont, Florida.
28. Mobile Horn: A detached single-family dwelling unit which has
all of the foIl wing characteristics:
a. It is designed for long-term occupancy and contains a flush
toilet, tub or shower bath, kitchen facilities and sleeping
accommodations.
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CODE ORDINANCES N~ 100
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It is designed to be transporteä after fabrication on'its
own wheels or on a flatbed or !ther trailer.
It arrives at the site whereét is to be occupied as a dwelling
complete, including major apliances and furniture, and ready
for occupancy except for mi r assembly operations, location
on jacks or other permanent or temporary foundations,
connection of utilities, a the like.
land which has been planned and
of mobile homes and approved by the
b.
29. Mobile Home Park: A parcel 0
improved for the permanent placemen
Florida State Board of Health.
30. Non-Conforming Use: A struc re of land lawfully occupied by a use
that does not conform to the regu ations of the district in which it is
located at the time of the adopt~on of this ordinance.
31. Nursing Home: Any build¿~9 in which aged, chronically ill or
incurable persons are housed a d furnished with meals and nursing care
for compensation. t
32. Structure: Anything c nstructed or erected on the ground or
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attached to something locat on the ground.
33. Structural Alteration: Any change in the supporting members of a
building, such as bearing w.lls, columns, beams or girders or any
substantial change in the tOf and exterior walls.
34. Yard: An open spac at grade between a building and the adjoining
lot lines, unoccupied and/unobstructed by any portion of a structure from
the ground upward. In meAsuring a yard, the minimum horizontal distance
between the lot line and the principal building shall be used.
35. Front Yard: An 0
principal building, ex
the street line and th
lines of the lot exce
en, unoccupied space on the same lot with a
nding the full width of the lot and located
front line of the building projected to the
where used as a paved parking area.
between
side
36. Rear Yard:
unoccupied except
the full width of t
the rear line of th
, open space on the same lot with a principal building,
a permitted accessory building, or use, extending
lot and located between the rear line of the lot and
building projected to the side lines of the lot.
37. Side Yard:
principal buildin
line of the lot a
the front line 0
n open, unoccupied space on the same lot with a
located between the side of the building and the side
d extending from the rear line of the front yard to
the rear yard.
ARTICLE IV
ESTABLISHMENT OF DISTRICTS
Districts
ses of this ordinance, the City of Clermont is divided into
ricts designated as follows:
RIA Low Density Residential District
Rl Low Density Residential District
R2 Medium Density Residential District
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No. 42-C
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R3
High Density Resident~l District
Neighborhood commerc¡1l District
General Commercial Istrict
Cl
C2
Ml'"
Light Industrial D strict
M2
Medium Industrial
TZ Transi tion Zone !
The boundaries of these districts are ~rebY established as shown on
map entitled "Official Zoning Map of tpe City of Clermont, Florida",
dated September 10,1968 and certified by the City Clerk. Said map
is hereby made a part of this ordina~e and shall be on file in the
office of the City Clerk. f
SECTION 26-2 District Boundaries'~ Zoning Map
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Unless otherwise indicated, the (i'c trict
or the center lines of street blocks
limit line, or a line midway beteen the
the
boundary lines are lot lines
or such lines extended, the corporate
main tracks of a railroad.
Where zone boundaries are so in icated that they are approximately
parallel to, but some distance rom the center lines of streets or center
lines of highway rights-of-way such zone boundaries shall be construed
as being parallel thereto and t such distance therefrom as indicated
on the zoning map. If no dim nsions are given on the map it should be
determined by the use of the scale of the map.
All territory which may her after be annexed to the City of Clermont
shall be automatically cIa ified as being within the RIA District
until such classification hall have been changed by an amendment as
provided by law.
ARTICLE V
APPLICATION OF REGULATIONS
Except as hereinafter rovided:
Section 26-10: Use
No land shall here ter be used or occupied and no building or structure
or part thereof sh 11 be erected, constructed, reconstructed, moved or
altered except in onformity with the regulations herein specified for
the district in w ich it is located. Buildings or structure now in
existence at the ~ate of the passage of this ordinance shall not be
reconstructed, e larged or expanded for a non-conforming use but, except
in residential reas (R-lA, R-l, R-3, R-3), such existing buildings
or structure m be used for the next lower use than is specified.
Priority of us s from highest to lowest shall be: Cl, C-2, M-l, M-2
(See Section 6-28 for T-Z restrictions.)
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CODE ORDINANCES
SECTION 26-11: Height and Density
No building or structure shall hereafter
reconstructed or altered to:
1. exceed the height limits;
2 house a greater number of
lot area per family; or
occupy a smaller
3. have narrower or smaller
d than are herein required.
SECTION 26-12: Lot Size and Occupancy
one or more adjacent lots in the
f this ordinance, shall be
ze of yards or lot area per family
nance is not maintained. This section
t is acquired for a public purpose.
No parcel, even though it may consist 0
same ownership at the time of passage
reduced in size S~ that lot width or
or any other requirements of this ord
shall not apply when a portion of a
No part of a yard or
space required about any bui
provisions of this ordinance sha
or off-street parking a loading
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SEOTION 26-13: Yards and Other
or the off-street parking or loading
the purpose of complying with the
included as a part of the yard
required for another building.
SECTION 26-15: Limitation on
Residential A
of Principal Buildings on Lots in
Except as hereinafter provi
except for multi-family bui
may hereafter be erected 0
d, only one principal
dings, townshouses and
any lot.
residential building
cluster developments,
SECTION 26-17: Public
No building shall be er cted on a lot which does not have unrestricted
access to a public str et.
ARTICLE VI
USE PROVIDIONS
SECTION 26-20:
Low-Density Residential District
Within an RIA Lo -Density Residential District the following uses are
permitted:
1. One-family wellings of no less than 1,200 square feet of living area.
2. Churches, provided that:
a. They are located on a major street;