O-2014-25 CITY OF CLERMONT
ORDINANCE No. 2014-25
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 122 ZONING,
SECTION 122-344 GENERAL DEVELOPMENT CONDITIONS;
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 September 2, 2014 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 Section 122-344
General Development Conditions; 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.
SECTION 2.
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to
read as follows:
CHAPTER 94 ENVIRONMENTAL PROTECTION
Section 122-344 General Development Conditions
Sec. 122-344. General development conditions.
(a) Building permit required. It shall be unlawful for any person to initiate new uses of any
land within the corporate boundanes of the city or to erect or construct any new
structures or to move, add to, repair or modify in any way any existing structures, except
by authority of permit issued by the building inspector or planning and zoning
department of the city acting as administrative officer of the regulations contained in this
land development code. The words "planning and zoning department," as used in this
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ORDINANCE No. 2014-25
land development code, shall also mean the planning official or the designated
representative thereof. All development, as defined in this land development code, shall
be required to obtain development approval (i.e., a development permit/development
order)prior to initiating development activity.
(b) Public access to lots. No building shall be erected on a lot which does not have
unrestricted access to an open public street accepted by the city.
(a) Number of principal buildings. Only one principal residential building, except as
provided by this land development code for two-family, multifamily buildings and
planned unit developments, may hereafter be erected on any lot.
(b) Lot requirements. No parcel, even though it may consist of one or more adjacent lots in
the same ownership at the time of passage of the ordinance from which this land
development code is derived, shall be reduced in size so that lot width or size of yards or
lot area per family or any other requirements of this land development code are not
maintained. This subsection shall not apply when a portion of a lot is acquired for public
purpose. Flag-shaped lots are prohibited.
(e) Yard setbacks
(1) Setbacks shall be measured on a perpendicular line from the property line to the
nearest support for the roof of the structure.
(2) On irregular lots the side yards shall be measured from the building line nearest
the narrow portion of the lot.
(3) Roof projections (eaves) shall not extend more than 36 inches into minimum yard
requirements.
(4) Properties located within the CBD central business district may have roof
projections(eaves)over the public right-of-way. Such roof projections shall not
be less than eight feet above ground and shall not extend more than eight feet over
the public right-of-way, or two feet back from the curb, whichever is less.
Nothing in this policy shall be construed to allow roof projections over public
streets, alleys or parking areas which would inhibit the free flow of traffic.
(5) No part of a yard, other open space, or off-street parking or loading space
required for any building shall be included as a part of the yard or off-street
parking or loading space required for another building for the purpose of
complying with the provisions of this land development code.
(0 Height limits Unless otherwise described in this chapter, the maximum permitted height
for any structure shall be as outlined in article III of this chapter. The height limitations of
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ORDINANCE No. 2014-25
this land development code also apply to church spires, belfries, cupolas and domes,
whether intended or not intended for human occupancy, as well as to monuments,
transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins,
flagpoles and radio or television transmission towers or aerials, unless otherwise
approved by the city council through the conditional use procedure. Facilities owned by
• the city are exempt from the height regulations.
(g) Access to utility easements. No person shall enclose or fence any utility easement unless
he has provided adequate access thereto for the purpose of constructing, repairing and
maintaining such utilities therein or thereon located, such access to be provided in such a
way that no such fence will have to be cut or any wall removed. No dedicated right-of-
way shall be fenced.
(h) Unsightly occupancies. Unsightly occupancies, such as but not limited to junkyards,
repair yards and outdoor storage, shall be entirely surrounded by a substantial continuous
masonry fence or similarly permanent construction approved by the planning and zoning
department. Such fence or wall shall be constructed and maintained at a height of six feet
to screen the unsightly occupancy. It shall be of similar composition, construction and
color throughout and shall be constructed without openings except for entrances and
exits, such entrances and exits to be equipped with unpierced gates, except that additional
openings may be authorized to provide access for fire protection. Such gates shall be
closed and securely locked at all times, except during business hours. Plans for such
fence or wall shall be submitted to the planning and zoning department, which shall
determine whether the proposed fence will meet the requirements of this section. No
building permit shall be issued for the construction of such fence or wall until the
approval of the planning and zoning department has been secured. Such fence or wall
shall be maintained in good order and shall not be allowed to deteriorate.
(i) Property maintenance. It is the duty and obligation of the owner and occupant of all real
property in the city to help preserve and protect the public health and general welfare of
all residents and their property by keeping their respective lots, parcels or tracts of land,
adjacent sidewalks and parkways free from all filth, trash, weeds, dirt, leaves, grass and
rubbish and to keep down by mowing, cutting or removal such vegetation and detrital
materials.
(1) Any contiguous unimproved parcel of land greater than 1 acre is exempt from
mowing under the following conditions:
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(a) A buffer of 30 feet shall be required to be maintained from any improved
right-of-way. All grass or weeds within that buffer will be maintained
below 18 inches.
(b) Abutting unimproved parcels will not be required to have a buffer between
them.
(2) Parcels of land used exclusively for tree farming or other agricultural purposes
shall be required to maintain a 30 foot buffer from an adjacent improved road
right-of way and a 10 foot buffer from adjacent property lines. All grass and
weeds within this buffer must be maintained below 18"at all times.
(3) The requirement to mow parcels with extreme topographic conditions that make
mowing extremely difficult or impossible may be waived at the discretion of the
Administrative Official or designee.
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ORDINANCE No. 2014-25
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 23`d day of September, 2014.
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1z,.i ATTEST:' r'
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Tracy Ackral, Tty Clerk
Approved as to . - • d legality:
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Daniel . M. - .,- , • , - • ey
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