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O-298-C 4Þ . CITY OF CLERMONT ORDINANCE No. 298-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 122 ZONING, ARTICLE III, DIVISION 2, UE URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT, SEC. 122-85 YARDS; DIVISION 3, R-1-A SINGLE FAMILY LOW DENSITY RESIDENTIAL DISTRICT, SEC. 122-105 YARDS; DIVISION 4, R-1 SINGLE FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, SEC. 122·125 YARDS; DIVISION 5, R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT, SEC. 122-146 YARDS; DIVISION 6, R·3·A RESIDENTIAU PROFESSIONAL DISTRICT, SEC. 122·166 YARDS; DIVISION 7, R-3 RESIDENTIAUPROFESSIONAL DISTRICT, SEC. 122-186 YARDS; DIVISION 8, C·1 LIGHT COMMERCIAL DISTRICT, SEC. 122-206 YARDS; DIVISION 9, C-2 GENERAL COMMERCIAL DISTRICT, SEC. 122-226 YARDS; DIVISION 11, M·1INDUSTRIAL DISTRICT, SEC. 122-266 YARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR 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 June 6, 2000 and following such hearing found this Ordinance to be in the best interests 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 122, of the City of Clermonts Code of Ordinances known as the Land Development Regulations; and WHEREAS, the City Council of the City of Clermont finds and determines that this Ordinance is consistent with and implements the City of Clermonts Comprehensive Plan and that adoption thereof is in the best interest of the City of Clermont. NOW, THEREFORE, be it enacted 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. . . CITY OF CLERMONT ORDINANCE No. 298-C Page - 2 - SECTION 2. The City of Clermonts Land Development Regulations are hereby amended to read as follows: Sec. 122-85. Yards. Minimum yard requirements for the UE district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. On all other streets the setback shall be 35 feet. (2) Side yard. The minimum side yard setback on interior lots shall be 15 feet. On a corner lot the side yard setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 35 feet on the side adjacent to any other street and nine feet on the interior side of the lot. (3) Rear yard. The minimum rear yard setback shall be 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 DO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. Sec. 122-105. Yards. Minimum yard requirements for the R-1-A district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 35 feet. (2) Side yard. The minimum side yard setback shall be nine feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 35 feet on the side adjacent to any other street and nine feet on the interior side yard. . . CITY OF CLERMONT ORDINANCE No. 298-C Page - 3 - (3) Rear yard. The minimum rear yard setback shall be 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. Sec. 122-125. Yards. Minimum yard requirements for the R-1 district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback shall be 7.5 feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard. (3) Rear yard. The minimum rear yard setback shall be 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. Sec. 122-146. Yards. Minimum yard requirements for the R-2 district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. . . CITY OF CLERMONT ORDINANCE No. 298-C Page - 4 - (2) Side yard. The minimum side yard setback is 7.5 feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard. (3) Rear yard. The minimum rear yard setback is 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. Sec. 122·166. Yards. Minimum yard requirements for the R-3-A district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback for single-family and duplex dwellings shall be 7.5 feet. Townhouses, multifamily and professional offices shall have a minimum 15 foot setback. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard for single family and duplex dwellings and 15 feet for townhouses, multifamily and professional office developments. (3) Rear yard. The minimum rear yard setback shall be 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. . . CITY OF CLERMONT ORDINANCE No. 298-C Page - 5 - Sec. 122-186. Yards. Minimum yard requirements for the R-3 district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback for single-family and duplex dwellings shall be 7.5 feet. Townhouses, multifamily and professional offices shall have a minimum 15-foot setback. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard for single family and duplex dwellings and 15 feet for townhouses, multifamily and professional office developments. (3) Rear yard. The minimum rear yard setback shall be 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. Sec. 122-206. Yards. Minimum yard requirements for the C-1 district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (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 where a side yard · ~ CITY OF CLERMONT ORDINANCE No. 298-C Page - 6 - 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. (3) Rear yard. The minimum rear yard setback shall be 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. Sec. 122-226. Yards. Minimum yard requirements for the C-2 district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (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. (3) Rear yard. The minimum rear yard setback is 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50-feet shall be maintained. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. . . CITY OF CLERMONT ORDINANCE No. 298-C Page - 7 - Sec. 122-266. Yards. Minimum yard requirements for the M-1 district are as follows: (1) Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback shall be 12 feet, 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. A side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. (3) Rear yard. The minimum rear yard setback shall be 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50 feet shall be maintained. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 1 OO-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. SECTION III All other conditions shall remain in full force and effect. SECTION IV. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION V. Should any section or part of this 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. . . CITY OF CLERMONT ORDINANCE No. 298-C Page - 8 - SECTION VI This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the 13th day of June 2000. Second Reading on the 2ih day of June 2000. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 2ih DAY OF JUNE 2000. CITY OF CLERMONT ~~ HAROLD s. TURVII.LE, :Ji Mayor ATTEST: ~{:N