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O-306-C . . I CITY OF CLERMONT ORDINANCE No. 306-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 86 ADMINISTRATION, ARTICLE III ORDERS AND PERMITS, DIVISION 3 CONDITIONAL USE PERMITS, SEe. 86-143 NOTICE OF PUBLIC HEARING; SEe. 86-144 JURISDICTIONAL ACTION AND REVIEW CRITERIA; ARTICLE IV VARIANCES, SEe. 86-173 NOTICE OF PUBLIC HEARING; ARTICLE V AMENDMENTS, DIVISION I GENERALLY, SEC. 86-223 NOTICE OF PUBLIC HEARING; CHAPTER 94 ENVIRONMENTAL PROTECTION, ARTICLE V CLEARING, GRADING AND STORMWATER MANAGEMENT, DIVISION 3 STORMWATER MANAGEMENT, SEe. 94-225 PERFORMANCE, REVIEW AND DESIGN STANDARDS; CHAPTER 102 SIGNS, SEe. 102-8 PROHIBITED SIGNS; EXCEPTIONS; CHAPTER 110 SUBDIVISION, ARTICLE III PLANS AND PLATS, DIVISION 2 PRELIMINARY PLATS, SEe. 110-101 PROCEDURE FOR REVIEW AND APPROVAL; ARTICLE V, SEC. 110-266 ELECTRIC POWER LINES AND STREETLIGHTS; SEe. 110-267 STREET TREES; CHAPTER 114 UTILITIES, SEe. 114-4 WATER SERVICE; SEC. 114-8 SOLID WASTE COLLECTION SERVICE; CHAPTER 118 VEGETATION, ARTICLE I IN GENERAL, SEC. 118-5 VIOLATIONS; PENALTY; ARTICLE II LANDSCAPING, SEC. 118-33 IRRIGATION PLAN; CHAPTER 122 ZONING, ARTICLE III DISTRICTS, DIVISION 8 C-l LIGHT COMMERCIAL DISTRICT, SEC. 122-206 YARDS; DIVISION 9 C-2 GENERAL COMMERCIAL DISTRICT, SEe. 122-226 YARDS;ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS, SEe. 122-343 FENCES AND WALLS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Clennont desires to adopt new provisions and amend various other provisions of the City ofClennonts Land Development Regulations; and WHEREAS, the City Council of the City of Clennont finds and detennines that this Ordinance is consistent with and implements the City of Clennonts Comprehensive Plan and that adoption thereof is in the best interest of the City ofClennont. NOW, THEREFORE, be it enacted by the City Council ofthe City of Clermont, Florida as follows: . . I CITY OF CLERMONT ORDINANCE No. 306-C Page - 2 - SECTION 1. The City Council of the City of Clennont has the authority to adopt this Ordinance pursuant to Article vrn of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The City of Clennonts Land Development Regulations are hereby amended to read as follows: Chapter 86 - Administration Sec. 86-143. Notice of public hearing. All conditional use permit requests shall be considered at public hearings, which shall be noticed as follows: (3) After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the City. The sign or signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as detennined by the administrative official or his designated representative. Sec. 86-144. Jurisdictional action and review criteria. (d) Specific development standards. In detennining whether the application meets the four requirements in subsection (c) of this section, the city shall as a minimum consider that satisfactory provisions and arrangements have been made for the following, where applicable: (5) Stormwater management. The capability, capacity and location of the city stonn sewer system for serving the development must be considered, as well as adequacy of project design to provide retention and positive outfall of stonnwater. . . , CITY OF CLERMONT ORDINANCE No. 306-C Page - 3 - Sec. 86-173. Notice of public hearing. All variance requests shall be considered at public hearings, which shall be noticed as follows: (3) After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the City. The sign or signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as detennined by the administrative official or his designated representative. Sec. 86-223. Notice of public hearing. All amendments to the comprehensive plan or the land development code shall comply with the following: (I) Rezoning and future land use map amendments. The following requirements apply to owner-initiated amendments. They are superseded by the requirements of F.S. § 166.041(3)(c) for rezoning amendments initiated by the city, and by the requirements ofF.s. § 163.3184 for future land use map amendments initiated by the city. c. Posting of notice on property. After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the City, The sign or signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as detennined by the administrative official or his designated representative. Chapter 94 - Environmental Protection Sec. 94-225. Performance, review and design standards. (b) Review standards. In reviewing and approving the application for a penn it under this division, the city shall consider, where appropriate, the following minimum standards: . . , CITY OF CLERMONT ORDINANCE No. 306-C Page - 4 - (3) The plans and specifications of structures or devices the applicant intends to employ stonnwater retention or detention with filtration, erosion control and flow attenuation. Chapter 102 - Sie:ns Sec. 102-8. Prohibited signs; exceptions. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign described as follows: (11) Banner signs, except for the following: b. Residential subdivisions and apartment complexes may display two flag banners at the entrance to the subdivision or complex and one flag banner at each model home or apartment building limited to 16 square feet and to be displayed only during the time the model homes or apartments are open for inspection. (24) Ancillary signage attached to the sign face, frame or support structure of a pennitted sign shall be prohibited (i.e. credit cards, copies, cigarettes, etc), this section shall include the placement of stickers or banners on the sign face, ITame or support structure. Chapter 11 0 - Subdivisions Sec. 110-101. Procedure for review and approval. (e) At a scheduled meeting, the subdivision advisory committee will receive reports on and review the preliminary plan and other required supplementary materials to detennine compliance with applicable regulations, The developer and other persons interested in or affected by the proposed subdivision shall have a right to be heard in person, by letter, or by agent or attorney before action is taken by the subdivision advisory committee. . . , CITY OF .CLERMONT ORDINANCE No. 306-C Page - 5 - Sec. 110-266. Electric power lines and streetlights. (a) The developer shall be responsible for the installation of electric power lines, with all lines to be constructed underground unless otherwise pennitted in conformance with this land development code, (b) Streetlights shall be in accordance with city specifications and standards. The developer shall forward approved development plans to the utility provider for streetlight design, wruch shall customarily confonn to the following: (1) Streetlights shall be generally provided at all intersections, and at intervals along each street at a distance between 300 and 400 feet. (2) The developer shall pay the city a sum equal to three years' armual charge for streetlights required to serve the subdivision. The charge shall be based upon a per-fixture rate utilizing best available current economic data7 (3) The developer shall contract directly with the appropriate electric provider for purchase and installation of streetlights. All cost associated with the purchase and installation of streetlights shall be borne by the developer. An executed contract with the utility provider and the armual chargers stated in (b )(2) above shall be provided prior to acceptance ofthe subdivision improvements. Chapter 114 - Utilities Sec. 114-4. Water service. (a) Minimum service requirements. All development shall provide new facilities, or expand existing facilities, to provide minimum service as follows: (5) Private wells shall be constructed to provide irrigation water for all uses within the City's utility service area except for individual single family residential units. Existing connections to the City's potable water system for irrigation to properties other than individual single family residential units may be tenninated at the discretion of the City Engineer. The property owners will be notified in writing and will be required to provide alternate sources of irrigation water within 30 days of receipt of written notification. . . , CITY OF CLERMONT ORDINANCE No. 306-C Page - 6 - Sec. 114-8. Solid waste collection service. (b) Facility design. The layout and design of dumpsters and other solid waste facilities (i.e. compactors) shall comply with the following criteria and the adopted standard paving and drainage details ofthe city: (3) Enclosure. Each dumpster and compactorJocation shall be surrounded by a concrete masonry unit enclosure with wooden gates as depicted in figure 114-A. The enclosure shall exceed the vertical height of the dumpster by at least six (6) inches, with a maximum height of nine (9) feet. The required setback for enclosures shall be five (5)' adjacent to property that is either zoned or used as commercial and twenty-five (25) feet adjacent to property that is either zoned or used as residential._The enclosure shall be constructed using colors and architectural treatments consistent with the structure or facility it serves. Alternative architectural treatment and colors may be approved in those situations where the enclosure is physically or visually separated from the primary structure. Chapter 118 - Vee:etation Sec. 118-5. Violations; penalty. (a) Where violations of this chapter have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the city. The restoration plan shall require tree replacement at a four-to-one ratio of comparable size and type of tree, and may require mitigation of any other damage to the property as well as tree replacement. Sec. 118-33. Irrigation-pllm. Irrigation system required. All required landscaping must be served with a low volume, pennanent irrigation system, including the side slopes of water retention areas._An irrigation plan shall be submitted for review and approval by the city in all instances where a separate landscape plan is required. Such plan shall indicate use of state-mandated backflow and rain sensor equipment and a low-volume irrigation system designed specifically for the proposed landscape installation, shall delineate irrigation zones if proposed, and shall clearly illustrate compliance with the required building plan and site approval process. . . , CITY OF CLERMONT ORDINANCE No. 306-C Page - 7 - Chapter 122 - Zonin ! Sec. 122-206. Yards. Minimum yard requirements for the C-l district are as follows: (2) Side yard. The minimum side yard setback shall be 12 feet. When a commercial establishment is provided with a rear access by a public right-of-way, no side yard is required, except on corner lots, a side yard setback of 50-feet shall be maintained on Hartwood Marsh Road, SR 50 and U.S. 27 and a side yard setback of25 feet shall be maintained fTom all other streets and 12 feet on the interior side yard. However, a side setback of25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. Sec. 122-226. Yards. Minimum yard requirements for the C-2 district are as follows: (2) Side yard. The minimum side yard setback is 12 feet. When a commercial establishment is provided with a rear access by a public right-of-way, no side yard is required, except on corner lots where a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, SR 50 and U.S. 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. Sec. 122-343. Fences and walls. (b) Prohibited fences and walls. (1) Slatting of plastic or other material cannot be inserted into chain link fencing. No barbed wire, razor wire or similar material shall be allowed in residential or commerciat districts. (c) Height. (1) For residential uses, no fence, wall, or retaining wall shall exceed four feet in height from the front building line to the front lot line, or exceed six feet in height from the front building line to the rear property line. Decorative columns and pillars may extend up to one foot above the maximum fence or wall height. . . I CITY OF CLERMONT ORDINANCE No. 306-C Page - 8 - SECTION III All other conditions shall remain in full force and effect. SECTION IV. All Ordinances or parts ofthis Ordinance in conflict herewith are hereby repealed. SECTION V. Should any section or part ofthis section be declared invalid by any court of competent jurisdiction, such adjudication's 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 VI This Ordinance shall be published as provided by law and it shall become law and shall take effect May 1, 2001. First Reading on the 13th day of March 2001. Second Reading on the 27'h day of March 2001. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 27th DAY OF MARCH 2001. CITY OF CLERMONT ATTEST: JQ;L~