Loading...
O-157-C · e CODE ORDINANCES ORDINANCE NO. 157-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR HOME OCCUPATIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: N~ 454 SECTION 1. That Articlle III (21) of Appendix A of the City of Clermont Code of Ordinances is amended to read as follows: (21) Home Occupation: any use customarily conducted entirely within a dwelling or building accessory thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the charter thereof; and does not adversely affect the uses permitted in the zone of which it is a part. Home occupations shall be subject to the applicable occupational license as provided for by Chapter 12 of this Code. SECTION II. That a new Section 26-51 of the City of Clermont Code of Ordinance is hereby created to read as follows: 26-51 Home Occupations - Home occupations as herein defined may be conducted in any dwelling or building accessory thereto, subject to the following conditions: (1) Home occupations shall be limited to uses found by the City Manager to comply with the following requirements: (a) No use of material or mechanical equipment which creates any unreasonably loud, disturbing and unncessary noise, sound, vibration, smells or effects which can be heard, felt or other- wise sensed upon adjoining property or other public right-of- way shall be allowed: (b) No commodities shall be advertised, stored:or kept outside; (c) No commòdities shall be sold on the premises; (d) No signs or structure shall be allowed other than those normally permitted in the zone; (e) The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located; (f) No outdoor storage of materials, supplies or commercial vehicles visible from the public street or adjacent property shall be allowed in connection with the home occupation beyond that normal to the residential character of the zone; (g) The appearance äf j¡he~ structure ;sha ll..not:Jbe·.â ltered, nor shall the conduct of occupation within the structure be such that the structure may be reasonably recognized as serving a non-residential use. . . CODE ORDINANCES N~ 455 (2) An occupational license may be termined if the City Manager makes any of the following findings: (a) That any condition of the license has been violated; (b) That the use has become detrimental to the public health or that traffic constitutes a nuisance; (c) That the license was obtained by misrepresentation or fraud; (d) That the use for which the license was granted has ceased for six (6) consecutive months or more; (e) That the condition of the premises, or of the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section. Any determination of the City Manager under the provisions of this section, after review by the Planning and Zoning Commission, may be appealed to the City Council which shall make a conclusive fi ndi ng. (3) An occupational license granted for a home occupation shall not be transferred, assigned or used by any other person, other than the one for which the license is granted. SECTION III. That a new section 12-21 is hereby created to read as follows: 12-21.1 Home Occupations Every person who operates a home occupation as defined in Article III of Appendix A of this code (zoning) shall pay a license fee to the City equal to the highest applicable classification. If the occupation is unclassified, and if the person uses only their own capital not be excess of $1,000.00, the fee: shall be Five Dollars ($5.00); otherwise, the unclassified fee of Twenty Dollars ($20.00) shall apply. SECTION IV. All ordinances or parts of ordinances in conflict hereiwth are hereby repealed. SECTION V. Should any section or part of this section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply 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 satdholding shall apply. SECTION VI. This Ordinance shall be posted and published as provided by law and it shall become law and take effect thi'r.ty (30) days from the date of its second reading and final passage. First Reading this 14th day of December,_ A. D., 1976 . Second Reading this 11th day of January, A. D., 1977 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, this 11th DAY OF JANUARY, 1977. . . CODE ORDINANCES N~ 456 ORDINANCE NO. 157-C CITY OF CLERMONT - By: ot Claude E. Smoak, Jr., May r - -~~< ,ATTEST: .... " " ·or ÛL,.J Z/. ~. fJt. Dolores W. Carroll, ~erk APPROVED BY ME this It //- day of ~ (J! Claude . , 1977. CERTIFICATION OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 157-C was published on the ;;¿3JJ.day of ~A"~.MAivv , 197L, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.041 (3)(a), said date of publication being 14 days prior to the Second Reading and Final Adoption of this Ordinance. (, iMPA) l) ~Aj)~ D~es W. Carroll, Clty Clerk · . 4 '"':""--"""," I TO: FROM: SUBJECT: DATE: Ci ty Counci 1 Ci ty Manager Home Occupations December 10, 1976 Attached is a proposed ordinance that would allow home occupa- tions in any zoning district, with restrictions. This draft is based on the ordinance from Thousand Oaks, California, that was referred to the Planning and Zoning Commission for study. Planning and Zoning Commissioners voted 5 to 3 last week to recommend to the City Council that this ordinance be adopted. Reasons for the dissenting votes are included in the proposed P and Z minutes, which are enclosed. The need for some change in our present regulation is, I think, apparent. We now allow home occupations only as Conditional Uses in R-3 zones; they are prohibited elsewhere. Nevertheless, a wide variety of home occupations exist in every residential zoning district. I recommend that this ordinance be adopted, perhaps including some revisions, after a well publized public hearing. &~ Gordon Tiffany Attachment cc: City Clerk (12/14/76 Agenda) ·'. PROPOSED MINUTES P & Z COMMISSION . ~ meeting of the Planning and Zoning Commission was held in the Council Chambers on Tuesday, December 7, 1976. The meeting was called to order at 7:30 P. M. by Chairwoman Ray with the following members present: Mrs. Laura Cook, and Messrs. Sargent, Cunningham, Norquist, Knowles, Czech, and Sullivan. City Officials present were City Manager'Tiffany, City Attorney Baird and Councilman Honey. Others present were Misses Blanchard, Mrs. Helen Schmidt, and Messrs Meginley, Cook and Ray. The Invocation was given by Chairman Ray. The minutes of the meeting held on November 3, 1976 were amended to include in Paragraph Four under"Public Hearing: Conditional Use Permit for Church" the following: "with the conditions (1) that existing landscaping not be reduced": The mi nutes were then approved as amended. Chairman Ray read a communication from Commissioner Cunningham wherein he rendered his resignation on the Commission as of January 1,1977 be- cause his business commitments do not allow him the time necessary to handle his appointment to the P & Z Commission. The Secretary was requested to forward this communication to the City Clerk for council action. STREET LIGHTS On the request for additional street lights on Grand High- way, Ci ty Manager' Ti ffany reported that a work order had been issued for installation of the lights. P & Z GUI DELINES , City Manager Tiffany reported that he is working on a study "','> of the functions of the Planning and Zoning Commission in an effort to set out guidelines for the commission at the request of the City Council. HOME OCCUPATIONS I I 'I I 1 The Commission reviewed a draft of'a proposed ordinance to regulate Home Occupations and establish a criteria for the City Administration staff in the determination of Home Occupations and the requirements to be met. The Commission members review the draft ordinance section by section, making several changes for an ordinance to be proposed to City Council. , , '. Motion was made by Mr. Knowles, seconded by Mrs. Cook that the commission approve the ordinance as presented and recommend to Council that the ordinance be adopted. Upon roll call vote on the motion the results were: Ayes: Sargent, Cunningham, Knowles, Cook and Sullivan. Total Ayes: 5. Nayes: Norquist, Ray and Czech. Total Nayes: 3. The motion carried. Chairwoman Ray stated she voted naye on the motion as she felt the ordinance was too vague at this point as to what constitutes the definition of a Home Occupation. Mr. Norquist stated he voted naye as he felt that Section II, 26-52 (1) (a) perta i ni n9 to "no employees" was too restrictive and he would like to see it reworded before adoption. Mr. Czech stated his reason for voting naye was that he felt the motion should not recommend that Council adopt the ordinance, but that he personally favored the ordinance as written. t ¡ 'I I / I If /t ,/ I' I 'I REZONING I " , 'I :1 City Manager Tiffany reported that a petition had been received to rezone Lot 252 and the south 23 feet of Lot 251, . . Clermont Heights from R-2 to R-3 with a concurrent request for a CU~ for proTessional building. He said that the petitioner asked that the Commissioners be made aware of this request at the~~time, but that the petition would not be on the agenda for action until the January meeting. Motion was made by Mr. Norquist, seconded by Mr. ~nowles and carried that the meeting be adjourned. The meeting was adjourned at 9:15 P. M. Ruth Alice Ray, Chairwoman M. Dollar, Secretary . . - , I