O-281-C
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CJ1Y OF CLERMONT
CODE ORDINANCE
No. 281-C
AN ORDINANCE OF THE CITY OF CLERMONT, lAKE COUNTY,
FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, FLORIDA, BY ADOPTING THE LAND
DEVELOPMENT CODE; ESTABLISHING GENERAL PROVISIONS;
PROVIDING DEFINITIONS AND INTERPRETATIONS; PROVIDING
ADMINISTRATIVE PROCEDURES; PROVIDING FOR
CONCURRENCY MANAGEMENT; ESTABLISHING SUBDIVISION
REGULATIONS; PROVIDING FOR CONDITIONAL USE PERMITS
AND PLANNED UNIT DEVELOPMENTS; ESTABLISHING ZONING
DISTRICT REGULATIONS; PROVIDING FOR VARIANCES;
ESTABLISHING ENVIRONMENTAL PROTECTION REGULATIONS;
ESTABLISHING CLEARING, GRADING AND STORMWATER
MANAGEMENT REGULATIONS; ESTABLISHING SITE
DEVELOPMENT, ENGINEERING AND MASTER PLAN APPROVAL
PROCEDURES; ESTABLISHING REGULATIONS FOR PARKING
AND VEHICULAR USE AREAS; ESTABLISHING LANDSCAPE,
BUFFER AND TREE REQUIREMENTS; ESTABLISHING UTILITY
REGULATIONS; ESTABLISHING SIGN REGULATIONS;
ESTABLISHING MISCELLANEOUS REGULATIONS; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clermont adopted the Clermont
Comprehensive Plan - dated August 13, 1991, pursuant to Chapter 163, Part II, Florida
Statutes; and
WHEREAS, Section 163.3202, Florida Statutes, requires the City to adopt land
development regulations that are consistent with and necessary or desirable to implement
the adopted Comprehensive Plan; and
WHEREAS, the City has solicited input from interested groups, design
professionals, and the general public with regard to the proposed Land Development
Code; and
WHEREAS, the City Council has reviewed the proposed Land Development
Code in workshop sessions and held two public hearings as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA:
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CJ1Y OF CLERMONT
CODE ORDINANCE
No. 281-C
Section 1. The Code of Ordinances of the City of Clermont, Florida, is hereby amended
by adopting the Land Development Code, which consists of the following chapters:
General Provisions; Definitions and Interpretations; Administrative Procedures;
Concurrency; Subdivisions; Conditional Use Permits and Planned Unit Developments;
Zoning District Regulations; Variances; Environmental Protection; Clearing, Grading and
Stormwater Management; Site Development, Engineering and Master Plan Approval;
Regulations for Parking and Vehicular Use Areas; Landscape, Buffer and Tree
Requirements; Utilities; Sign Regulations; and Miscellaneous Regulations, attached
hereto and incorporated herein by reference.
Section 2. All Ordinances or parts of this Ordinance in conflict herewith are hereby
repealed.
Section 3. Should any section or part of this section be declared invalid by any court of
competent jurisdiction, such adjudications 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 4. 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 this 25th day of October, 1994.
Second Reading this 8th day of November, 1994.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 8TH DAY OF NOVEMBER, 1994.
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ATTEST:
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TABLE OF CONTENTS
CHAPTER 1
GENERAL PROVISIONS
SECTION 1: TITLE ....................................
SECTION 2: AUTHORITY ............................... .
SECTION 3: PURPOSE AND INTENT ...................... .
SECTION 4: CONSISTENCY WITH COMPREHENSIVE PLAN ..... .
SECTION 5: JURISDICTION ............................. .
SECTION 6: GENERAL INTERPRETATION .................. .
SECTION 7: DELEGATION OF AUTHORITY .................. .
SECTION 8: RELATIONSHIP OF SPECIFIC TO GENERAL
PROVISIONS ........ .
SECTION 9: CONFLICTING LANGUAGE OR PROVISIONS ....... .
SECTION 1 ~: SEVERABILITY ............................. .
SECTION 1t: REPEALER' ................................
SECTION 12: EFFECTIVE DATE ........................... .
CHAPTER 2
DEFINITIONS AND INTERPRETATIONS
1
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1
2
2
3
3
3
SECTION 1: INTERPRETATIONS OF CERTAIN TERMS AND
WORDS .................................. 1
SECTION 2: GENERAL DEFINITIONS ...................... 2
SECTION 3: DEFINITIONS, LAND USE ..................... 11
CHAPTER 3
ADMINISTRATIVE PROCEDURES
ARTICLE I
DEVELOPMENT ORDER AND PERMIT PROCESS
SECTION 1: GENERAL PROVISIONS ...................... 1
(A) Administrative Offiaal ................... 1
(B) Fees ............................... 1
SECTION 2: DEVELOPMENT ORDER AND DEVELOPMENT
PERMIT REQUIRED ......................... 1
(A) In General ........................... 1
(B) Exceptions to the Requirement of a
Development Order ..................... 1
i
CHAPTER 3
ADMINISTRATIVE PROCEDURES
(continued)
SECTION 3: DEVELOPMENT PLANS -GENERAL PROCESS ..... 2
(A) Pre-application Conference ............... 2
(B) Application for Development Ptan Approval .... 2
(C) Development Review Process ............. 3
SECTION 4: DEVELOPMENT ORDER -COMPONENTS ......... 3
(A) Contents ............................ 3
(B) General Conditions ..................... 4
(C) Expiration of a Development Order .......... 4
(D) Extension of Expiration Date .............. 5
(E) Securing Development Permits ............ 6
(f7 Modification of a Development Order ........ 6
ARTI LE I
AMENDMENTS -LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN
SECTION 1: AMENDMENT PROCEDURE ................... 7
(A) Application ........................... 7
(B) Notification of Public Hearing .............. 8
(C) Procedure for Public Hearing .............. 9
(D) Reapplication for Denied Rezoning .......... 10
(E) Criteria for Review of Amendments .......... 10
SECTION 2: APPEALS ................................. 10
(A) Procedural Appeals ..................... 10
(B) Technical Appeals ...................... 11
SECTION 3: ENFORCEMENT ............................ 11
(A) In General ........................... 11
(B) Additional Enforcement Procedures ......... 11
ARTICLE III
NONCONFORMANCE PROVISIONS
SECTION 1: NO
(A)
(B)
(C)
(D)
NCONFORMANCE PROVISIONS .............. 12
Types of Nonconforming Status ............ 12
Repairs and Maintenance ................ 13
Discontinuance of Nonconforming Uses of
Land or Structures ..................... 14
Uses Under Conditional Use Permits ........ 14
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CHAPTER 3
ADMINISTRATIVE PROCEDURES
(continued)
ARTICLE IV
BOARDS AND COMMITTEES
SECTION 1: BOARD OF ZONING ADJUSTMENT .............. 14
(A) Establishment ......................... 14
(B) Proceedings, Powers and Appeals .......... 14
SECTION 2: STAFF SITE REVIEW COMMITTEE .............. 15
(A) Establishment ......................... 15'
(B) Meetings ............................ 15
(C) Membership and Organization ............. 15
CHAPTER 4
CONCURRENCY
SECTION 1: PURPOSE AND INTENT ...................... 1
SECTION 2: GENERAL PROVISIONS ...................... 1
(A) Public Faalities and Services for which
Concunency is Required ................. 1
(B) Development Subject to Concurrency Review .. 1
(C) Minimum Requirements for Concurrency ..... 2
(D) Concurrency Administration ............... 3
SECTION 3: ADOPTED LEVEL-OF-SERVICE STANDARDS ....... 4
(A) Roads/Traffic Circulation ................. 4
(B) Sanitary Sewer ........................ 4
(C) Solid Waste .......................... 4
(D) Stormwater Drainage ................... 4
(E) Potable Water ......................... 4
(F) RecreatioNOpen Space ................. 5
SECTION 4: FACI LITY SPECIFIC REQUIREMENTS ............ 5
(A) Roads/Traffic Circulation ................. 5
(B) Sanitary Sewer ........................ 8
(C) Solid Waste .......................... 8
(D) Stormwater Drainage ................... 8
(E) Potable Water ......................... 9
(F) Recreation and Open Space .............. 9
SECTION 5: CONCURRENCY REVIEW PROCEDURES .......... 9
(A) APPiication ........................... 10
(B) Project impact Assessment ............... 10
(C) Project Phasing/Timing of Improvements ..... 10
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CHAPTER 4
~ONCURRENCY
(continued)
(D) Development Agreements ................ 11
(E) Concurrency Findings ................... 11
SECTION 6: CON CURRENCY RESERVATION ................ 12
(A) Capacity Encumbrance and Reservation ...... 12
(B) Project Deferrals/Development Moratoriums ... 13
(C) Concurrency Denials .................... 13
(D) Capacity Reservation for Public Purpose ..... 13
SECTION 7: STATUS REPORT/REQUIRED CAPITAL FACILITIES .. 13
SECTION 6: INTE RGOVERNMENTAL COORDINATION ......... 14
(A) Intergovernmental Communication .......... 14
(B) Developments of Mufti-Jurisdiction Impact .... 14
(C) Urban Service Area Agreements ........... 14
CHAPTER 5
SUBDIVISIONS
SECTION 1: IN GENERAL .............................. 1
SECTION 2: DEFINITIONS .............................. 1
SECTION 3: JURISDICTION ............................. 2
(A} Subdivision Plat Required ................ 2
SECTION 4: IMPROVEMENTS REQUIRED .................. 2
(A) Completion of improvements Privr to
Recording of Plat ...................... 3
(B} Adoption of Standard Construction Details .... 3
(C) Issuance of Building Permits and Certificates
of Occupancy ......................... 3
SECTION 5: PRELIMINARY PLAN -STEP ONE ............... 3
(A) Procedure ........................... 3
(B) Plans and Data Required ................. 5
(C} Additional information Necessary for Class II
Subdivisions .......................... 6
SECTION 6: {MPROVEMENT PLAN -STEP TWO .............. 7
(A) Procedure ........................... 7
(B) Plans and Data Required ................. 9
SECTION 7: F{NAL PLAT -STEP THREE .................... 10
(A) Procedure ........................... 10
(B) Plats and data required .................. 11
SECTION 8: INSPECTIONS ................. 12
SECTION 9: ............
GENERAL DESIGN STANDARDS ................ 12
(A) Roadways and Streets .................. 13
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CHAPTER 5
SUBDIVISIONS
(continued)
'
ECTION 10: (B) General Construction and Design ...........
(C) Lot and Block Layout and Standards ........
(D) Easements and Miscellaneous Dedications ....
(E) Alleys ...............................
(~ Parks and Recreation Sites ...............
(G) Stormwater Drainage System .
PUBLIC UTILITY AND OTHER IMPROVEMENTS ..... 15
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(A) Feld Monumentation ..... 21
' :::::::::::::::
(B) Signs and Markers ......
(C) Sidewalks ............................
(D) Electric and Street Lights ................. 22
22
22
(E) Street Trees .......................... 23
' (~ Telephone, Television Cable, and Other
Utilities ..............................
(G) Storm Drainage .......................
(H) Sewer and Water ......................
(I) Streets, Curbs and Gutters ...............
23
23
25
27
(J) Interpretation of Plans ................... 27
' SECTION 11:
SECTION 12: VARIANCES ........:::::::::::::::::::::::
OTHER REGULATIONS 27
28
(A) Administration and Enforcement ............ 28
' (B) Concurrency Management ::::::::::::::::
(C) Other Regulations 28
29
(D) Penalties ............................ 29
' (E) Appendix authorized .................... 30
CHAPTER 6
CONDITIONAL USE PERMITS
AND
PLANNED UNIT DEVELOPMENTS
' ARTICLE I: CONDITIONAL USE PERMITS
SECTION 1: IN GENERAL ........... . ............... 1
SECTION 2: :::
PROCEDURES AND REQUIREMENTS ......... 1
(A) Application Procedure ...................
(B) Notification of Public Hearing .............. 1
2
(C) Jurisdictional Action and Review Criteria ...... 2
(D) Conditions and Safeguards ...............
(E) Effectiveness of the Conditional Use Permit ... 4
5
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CHAPTER 6
CONDITIONAL USE PERMR'S
AND
PLANNED UNIT DEVELOPMENTS
(continued)
ARTICLE II: PLANNED UNIT DEVELOPMENTS
SECTION 1: IN GENERAL .............................. 6
SECTION 2: PLANNED UNIT DEVELOPMENT PROVISIONS ...... 7
(A) General Requirements and Speaal
Regulations .......................... 7
(B) Authorized Location .................... 8
(C) Review Criteria ........................ 9
(D) Procedures for securing approval of a
Planned Unit Development ............... 11
(E) Changes in Development Plans ............ 16
(~ Conflicts ............................. 17
(G) Fees ............................... 17
CHAPTER 7
ARTICLE 1 • ZONING DISTRICT REGULATIONS
SECTION 1: ESTABLISHMENT OF ZONING DISTRICTS ......... 1
(A) Establishment of Districts ................ 1
(B) Official Zoning Map ..................... 1
(C) Districts ............................. 2
(D) Use ................................ 2
CHAPTER 8
VARIANCES
SECTION 1: IN GENERAL ............................. .
(A) Hardship relief ....................... .
(B) Exclusions .......................... .
(C) Final Decision ........................ .
SECTION 2: PROCEDURES AND REG~UIREMENTS ........... .
(A) Application Procedure .................. .
(B) Notification of Public Hearing ............. .
(C) Review Criteria and Findings ............. .
(D) Conditions of Approval and Denial ......... .
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CHAPTER 9
ENVIRONMENTAL PROTECTION
ARTICLE I• WETLANDS AND FLOOD PLAIN PROTECTION
SECTION 1: PURPOSE AND INTENT ..................... .
SECTION 2: PERMIT REGIUIREMENTS FOR WETLAND AND
FLOOD PLAIN ALTERATION .................. .
(A) Application Procedure .................. .
(B) Standards of Review ................... .
(C) Permit Issuance ...................... .
SECTION 3: WETLANDS/FLOODPLAIN PROTECTION
STANDARDS ..............................
SECTION 4: MITIGATION CRITERIA ...................... .
SECTION 5: EXEMPTIONS ............................. .
SECTION 6: VIOLATIONS ............................. .
SECTION 7: VARIANCES AND APPEALS .................. .
ARTICLE II: FLOOD PREVENTION
PART I - IN GENERAL
SECTION 1: STATEMENT OF PURPOSE ................... .
SECTION 2: DEFI NITIONS ............................. .
(A) Application .......................... .
(B) Basis for Establishing the Areas of Special
Flood Hazard ........................ .
(C) Establishment of Development Permit ...... .
(D) Compliance ..........................
(E) Abrogation and Greater Restrictions ........ .
(F) Interpretation .........................
(G) Warning and Disclaimer of Liability ......... .
(H) Penalties for violation .................. .
PART II -ADMINISTRATION
SECTION 1: ENFORCEMENT, PERMIT PROCEDURES AND
RESPONSIBILITIES .........................
(A) Permit Procedures .................... .
(B) Duties and Responsibilities of the Administrative
Official ..............................
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CHAPTER 9
ENVIRONMENTAL PROTECTION
(continued) '
PART III -PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 1: GENERAL STANDARDS ...................... 16
SECTION 2: SPECIFIC STANDARDS ...................... 16
SECTION 3: STANDARDS FOR SUBDIVISION PROPOSALS ...... 18 ~ '
PART IV -VARIANCE PROCEDURES
SECTION 1: METHOD OF APPEAL ........................ 19
ARTICLE III
WELLFIELD AND AGIUIFER PROTECTION
SECTION 1: PURPOSE AND INTENT ...................... 22
SECTION 2: SCOPE .................................. 22
SECTION 3: ESTABLISHMENT OF WELL FIELD PROTECTION
ZONES .................................. 22
SECTION 4: RESTRICTIONS WITHIN ZONES ................ 23
SECTION 5: PROTECTION OF FUTURE PUBLIC WATER SUPPLY
WELLS .................................. 24
SECTION 6: EXEMPTIONS .............................. 24
SECTION 7: PRIME RECHARGE AREAS AQUIFER PROTECTION
STANDARDS .............................. 27
SECTION 8: DETERMINATION OF HIGH OR PRIME RECHARGE
AREAS .................................. 27
SECTION 9: PROHIBITIONS ............................. 27
SECTION 10: HAZARDOUS SUBSTANCES ................... 27
SECTION 11: CONTAINMENT STANDARDS .................. 28
(A) Monitoring Capacity .................... 28
(B) Containment Requirements ............... 28
(C) Inspection and Maintenance .............. 29
(D) Out-of-Service Storage Systems ............ 29
SECTION 12: HAZARDOUS SUBSTANCE INSPECTION PROGRAM
TO COMPLY WITH FEDERAL LAW .............. 30
SECTION 13: VARIANCES ............................... 30
(A) Request for Exemption .................. 30
(B) Information and Fee Required ............. 30
(C) Review by the City Planning and Public
Services Directors ...................... 31
SECTION 14: APPEALS, ENFORCEMENT, AND PENALTIES ...... 33
viii
CHAPTER 10
CLEARING. GRADING. AND STORMWATER MANAGEMENT
ARTICLE I: CLEARING AND GRADING
SECTION 1: PURPOSE AND INTENT ..... ................ 1
SECTION 2: PERMIT RECIUIREMENTS FOR CHANGE OF GRADE 1
(A) Application Procedure ................... 1
(B) Standards of Review .................. . . 3
SECTION 3: CHANGE OF GRADE -APPROVED DEVELOPMENT
PLANS ................................... 4
SECTION 4: GRADING OF LOTS EXEMPT FROM
DEVELOPMENT PLAN ....................... 4
SECTION 5: ISSUANCE OF PERMR ....................... 5
(A) Retention of Plans ...................... 5
(B) Validity .............................. 5
(C) Expiration ............................ 6
(D) Suspension or Revocation ................ 6
SECTION 6: REQUIRED SOIL CONSERVATION MEASURES ..... 6
(A) During Construction .................... 6
(B) After Construction ...................... 6
SECTION 7: BURYING OF MATERIAL PROHIBITED ............ 6
SECTION 8: VIOLATION AND ENFORCEMENT ............... 7
(A) Restoration Plan Required ................ 7
(B) Referral to Code Enforcement Board ........ 7
(C) Stop Work Order ...................... 7
ARTICLE II: STORMWATER MANAGEMENT
SECTION 1: PURPOSE AND INTENT ...................... 7
SECTION 2: PROHIBITIONS AND EXEMPTIONS .............. 10
(A) Prohibitions .......................... 10
(B) Exemptions .......................... 10
SECTION 3: STORMWATER MANAGEMENT PERMIT REVIEW .... 11
(A) Determination of Exemption ............... 11
(B) Concurrent Review ..................... 13
(C) Stormwater Permit Application and Review .... 13
SECTION 4: PERFORMANCE, REVIEW AND DESIGN
STANDARDS .............................. 15
(A) Basic Pertormance and Design Standards .... 15
(B) Review Standards ...................... 17
SECTION 5: ISSUANCE OF DEVELOPMENT PERMITS ......... 18
{A) Issuance of Stormwater Management Permit ... 18
(B) Denial of Application .................... 18
ix
CHAPTER 10
CLEARING. GRADING. AND STORMWATER MANAGEMENT
(continued)
SECTION 6: MAINTENANCE ............................ 16
SECTION 7: ENFORCEMENT ............................ 18
SECTION 6: EMERGENCY EXEMPTION .................... 19
CHAPTER 11
SITE DEVELOPMENT. ENGINEERING
AND MASTER PLAN APPROVAL
SECTION 1: GENERAL PROVISIONS ...................... 1
SECTION 2: APPLICABILITY OF DEVELOPMENT PLAN REVIEW .. 1
SECTION 3: SITE PLAN REVIEW PROCEDURES .............. 2
{A) Application ........................... 2
(B) Validity .............................. 2
(C) Duration ............................. 2
(D) Uncompleted Structure .................. 3
(E) Recommendation by Site Plan Review
Committee ........................... 3
(F) General Standards for Consideration of
Proposed Site Plan ..................... 3
SECTION 4: SITE PLAN SUBMITTAL REQUIREMENTS ......... 4
(A) Site Plan Sheet Format .................. 4
(B) Generallnformation .................... 4
(C) Existing Conditions ..................... 5
(D) Proposed Development .................. 6
(E) Exceptions ........................... 9
SECTION 5: ENGINEERING PLAN REVIEW PROCEDURES ...... 9
(A) Application for Approval ................. 10
(B) Referral to Site Review Committee .......... 10
SECTION 6: ENGINEERING PLAN REQUIREMENTS ........... 11
(A) General Relationship of Engineering Plan
Requirements to Site Plan Requirements ..... 11
(B) Engineering Plan Sheet Data, Size and Scale .. 11
(C) Engineering Plan Required Information ....... 12
SECTION 7: EFFECT OF SITE PLAN AND ENGINEERING PLAN
APPROVAL ............................... 12
SECTION 8: MAINTENANCE OF IMPROVEMENTS ............ 12
SECTION 9: MASTER PLAN REVIEW ...................... 12
SECTION 10: MASTER PLAN REQUIREMENTS ................ 13
(A) Master Plan Sheet Format ................ 13
(B) Generallnformation .................... 13
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CHAPTER 11
SITE DEVELOPMENT. ENGINEERING
AND MASTER PLAN APPROVAL
(continued)
(C) Existing Conditions and Proposed
Development .........................
SECTION 11: APPLICABILITY ........................... .
SECTION 12: IMPROVEMENTS REQUIRED ................. .
(A) Completion of Improvements Prior to Issuance
of Certificate of Occx,pancy .............. .
(B) Adoption of Standard Construction Details ... .
(C) Improvement or Expansion of Existing
Development .........................
(D) Easements and Miscellaneous Dedications ... .
SECTION 13: INSPECTIONS AND ACCEPTANCE ............. .
(A) Inspections .......................... .
(B)
(C) Testing ............................. .
Request for Fnal Inspection ............. .
(D) final Inspection Report ................. .
(E) Re-inspection ........................ .
(F) Acceptance of Site Improvements and
Issuance of Certificate of Occupancy ....... .
CHAPTER 12
REGULATIONS FOR PARKING
AND VEHICULAR USE AREAS
SECTION 1: PURPOSE AND INTENT ............ .
SECTION 2: OFF-STREET PARKING SPACE, LOADING,
UNLOADING, SERVICE AREA SPACE AND
VEHI CULAR ACCESS REQUIREMENTS .......... .
(A) Off-Street Parking Space ................ .
(B) Design of Parking Lots ................. .
(C) Ratio of Full Size to Compact and Oversized
Spaces .............................
(D) Handicapped Access .................. .
(E) Off-Street Loading, Unloading and Service
Area Space ......................... .
(F) Access, Circulation and Improvements ...... .
(G) Driveway Development Standards ......... .
(H) Buffer ...............................
(I) Ughting Facilities ..................... .
SECTION 3: ALTERATION AND/OR CHANGE OF USE ......... .
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CHAPTER 13
LANDSCAPE. BUFFER AND TREE REQUIREMENTS
SECTION 1: PURPOSE AND INTENT ...................... 1
SECTION 2: DEFINITIONS .............................. 1
SECTION 3: GENERAL PROVISIONS ...................... 4
(A) Application to Development ............... 4
(B) Landscape Plan Required ................ 4
(C) Irrigation Plan Required .................. 5
(D) Installation ........................... 5
(E) Maintenance .......................... 5
(F) Plant Material ......................... 6
SECTION 4: LANDSCAPE BUFFERS ...................... 7
(A) In General ........................... 7
(B) Buffer Yards .......................... 7
(C) Landscape Buffers Adjacent to Rights-of-Way .. 7
(D) Perimeter (Abutting Property) Landscape
Buffers .............................. 8
(E) Minimum Landscape Buffer and Planting
Requirements ......................... 9
SECTION 5: VEHICULAR USE/PARKING AREA INTERIOR
LANDSCAPING ............................ 11
(A) Off-street Parking Areas ................. 11
(B) Design of Landscaped Areas .............. 11
(C) Protection of Landscaped Areas ........... 12
SECTION 6: SIGHT DISTANCE FOR LANDSCAPING ADJACENT
TO PUBLIC RIGHTS-OF-WAY AND POINTS OF
ACCESS .................................. 12
(A) Accessway ........................... 13
(B) Intersection .......................... 13
SECTION 7: LANDSCAPING ADJACENT TO FENCES, WALLS OR
DUMPSTER ENCLOSURES .................... 13
SECTION 8: TREE PROTECTION AND PRESERVATION
REQUIREMENTS ........................... 14
(A) Application for Tree Removal Permit ......... 14
(B) Timing of Application ................... 14
SECTION 9: ISSUANCE OF TREE REMOVAL PERMIT .......... 15
(A) Tree Removal Authorization ............... 15
(B) Tree Removal Criteria ................... 16
(C) Replacement Requirements ............... 17
(D) Tree Removal Time Limit ................. 17
(E) Removal not Required ................... 17
SECTION 10: MINIMUM TREE REQUIREMENTS ............... 18
xii
CHAPTER 13
' LANDS CAPE. BUFFER AND TREE REQUIREMENTS
(continued)
SECTION 11: TREE PROTECTION DURING DEVELOPMENT AND
CONSTRUCTION ...........................
' SECTION 12:
SECTION 13: VOLUNTARY PLANTING ..................... .
~ VARIANCE, APPEALS, AND PENALTY ........... .
(A) Variance ...................... .... .
(B) Appeals .............................
' (C) Penalty for Yolation ................... .
(D) Rules and Regulation .................. .
(E) Fees .
I SECTION 14: EXEMPTION .
.
SECTION 15: .............................
CITY TREE BOARD ......................... .
'
CHAPTER 14
CITIES
'
SECTION 1: PURPOSE AND INTENT ..................... .
SECTION 2: IN GENERAL ............................. .
(A) Connection to Utility Systems ............ .
(B) Adoption of Standard Construction Details ... .
SECTION 3: WATER SERVICE .......................... .
' (A) Minimum Service Requiremenrts ........... .
(B) Water Distribution System Design ......... .
(C) Fire Hydrants ........................ .
SECTION 4: SANITARY SEWER SERVICE .................. .
(A) Minimum Service Requirements ........... .
(B) Sewer Collection System Design .......... .
SECTION 5: RECLAIMED WATER SERVICE ................ .
(A) Minimum Service Requirements ........... .
(B) Reclaimed Water System Design .......... .
' SECTION 6: CITY COST PARTICIPATION IN INFRASTRUCTURE
IMPROVEMENTS ...........................
(A) Water Mains ...........
(B) Sewage Collection Facilities
.............. .
(C) Drainage Facilities
'
SECTION 7: ..................... .
SOLID WASTE COLLECTION SERVICE .......:::
A
(
) Minimum Service Requirements ....... .
(B) Solid Waste Facility Design .............. .
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CHAPTER 14
UTILITIES
(continued)
SECTION 6: ELECTRIC, TELEPHONE, AND TELEVISION CABLE
INSTALLATION ............................. 11
(A) Installation Requirements ................. 11
(B) Approval of Overhead Line and Service
Routes .............................. 12
CHAPTER I5
SIGN REGULATIONS
SECTION 1: PURPOSE AND INTENT ...................... 1
SECTION 2: DEFI NITIONS .............................. 1
SECTION 3: PERMITS ................................. 4
(A) Permits Required ...................... 4
(B) Permit Fees .......................... 5
(C) Work to be Performed by Owner, Lessee or
Licensed Corrtractor .................... 5
(D) Issuance of Permit ..................... 6
(E) Exemptions .......................... 6
(F) Expiration of Permit ..................... 6
SECTION 4: GEN ERAL PROVISIONS ...................... 6
(A) Exempt Signs ......................... 6
(B) Prohibited Signs ....................... 8
(C) Construction and Maintenance Standards ..... 11
(D) Modification of Existing Conforming Signs .... 12
(E) Height and Setback Requirements .......... 12
SECTION 5: DETERMINING AREA AND NUMBER OF SIGNS ..... 13
(A) Area ............................... 14
(B) Number ............................. 14
SECTION 6: PERMITTED SIGNS ......................... 14
(A) Individual Commercial, Office, and Industrial
Use Signs permitted in C1 and C2 business
districts, and M-1 Industrial districts ......... 14
(B) Shopping Centers ...................... 15
(C) Industrial Complexes and Industrial Parks ..... 16
(D) Office Complexes and Office Parks ......... 18
(E) Signs permitted in residential R1A, R1, R2,
R3A and R3 zones :..................... 20
SECTION 7: OFF-SITE SIGN REGULATIONS ................. 20
xiv
CHAPTER 15
SIGN REGULATIONS
(continued)
SECTION 8: MISCELLANEOUS SIGNS ..................... 21
(A) Portable Signs ........................ 21
(B) Political Campaign Signs ................. 21
(C) Temporary Construction Signs ............. 22
(D) Temporary Future Improvement Signs ....... 23
(E) Signs in Newly Annexed Areas ............ 23
(F) Signs on Vehicles ...................... 24
(G) Changeable Copy Signs ................. 24
SECTION 9: NON -CONFORMING SIGNS ................... 24
(A) Continuance of Non-Conformities ........... 25
(B) Casual, Temporary or Illegal Use ........... 25
SECTION 10: ENFORCEMENT ............................ 25
(A) Removal of Prohibited Signs .............. 25
(B) Removal of Unsafe Signs ................ 26
(C) Illegally Erected Signs ................... 26
(D) Termination of Unlawful Illumination ......... 26
(E) Signs in Disuse ....................... 27
(F) Volations and Pena~ies .................. 27
SECTION 11: INTERPRETATION .......................... 27
SECTION 12: VARIANCES AND APPEALS ................... 27
(A) Technical Appeals ...................... 27
(B) Variances ............................ 27
CHAPTER 16
ARTICLE I
MISCELLANEOUS REGULATIONS
SECTION 1: ACCESSORY USES AND STRUCTURES .......... 1
(A) In General ........................... 1
(B) Principal Use Required .................. 1
(C) General Provisions ..................... 1
(D) Size Criterion ......................... 2
(E) Use ................................ 2
SECTION 2: SPECIAL SETBACKS ........................ 2
(A) In General ........................... 2
(B) Special Setbacks ...................... 2
SECTION 3: FENCES AND WALLS ........................ 4
(A) In General ........................... 4
(B) General Provisions ..................... 4
xv
CHAPTER 16
ARTI E
MISCELLANEOUS REGULATIONS
(continued)
SECTION 4: GENERAL DEVELOPMENT CONDITIONS .......... 6
(A) Building Permit Required ................. 6
(B) Public Access ......................... 6
(C) Number of Principal Buildings ............. 6
(D) Lot Requirements ...................... 6
(E) Measurement of Yard Setbacks ............ 6
(F) Height Limits ......................... 7
(G) Access to Utility Easements ............... 7
(H) Unsightly Occupancies .................. 7
(I) Property Maintenance ................... 8
SECTION 5: MOBILE HOME PARKS ....................... 8
(A) General Provisions ..................... 8
SECTION 6: ZERO LOT LINE DEVELOPMENT ................ 9
(A) General Provisions ..................... 9
SECTION 7: SPECIAL PERMITS .......................... 10
(A) Open Air Sales Permits .................. 10
(B) Approval by the City Council .............. 1 i
(C) Temporary Structure Permits .............. 11
SECTION 8: HOME OCCUPATIONS ....................... i2
(A) Intent ............................... 12
(B) Permitted Home Occupations ............. 12
(C) Prohibited Home Occupations ............. 13
(D) Restrictions .......................... 13
(E) Termination of License and Appeal ......... 14
ARTICLE II
ADMINISTRATION ENFORCEMENT PENALTIES AND REMEDIES
SECTION 1: GENERAL PROVISIONS ...................... 16
(A) Zoning Administrative Officer .............. 16
(B) Application for Building Permit ............. 16
(C) Construction Progress ................... 16
(D) Certificate of Occupancy ................. 16
(E) Penalties for Violation ................... 17
(F) Remedies ............................ 17
SECTION 2: EXCEPTIONS AND MODIFICATIONS ............. 17
(A) Existing Lots .......................... 17
(B) Adjustment to Required Front Yard Setback
for Dwellings ......................... 18
(C) Continuance of Nonconforming Uses ........ 18
xvi
CHAPTER 1
~~
GENERAL PROVISIONS
SECTION 1: TITLE
This code shall be entitled the 'Land Development Code of the City of Clermont,
Florida', otherwise known as the 'Development Code', and may be referred to
herein as the "Code'.
SECTION 2: AUTHORITY
This Land Development Code is enacted pursuant to the requirements and
authority of Section 163.3202, Florida Statutes, (the Local Government
Comprehensive Planning and Land Development Regulation Act), the City
Charter, effective December 26, 1916, and the general powers in Chapter 166,
Florida Statutes (city government).
SECTION 3: PURPOSE AND INTENT
The City has developed this unified Land Development Code to implement the
Comprehensive Plan and to streamline the development review process. This
Code sets forth regulations, requirements and procedures governing the use and
development of land for the purpose of protecting the health, safety and general
welfare of the citizens of the City and to enhance the appearance, function and
livability of the City, to the end of improving the overall quality of life within the
community.
As required by Chapter 163.3202 of the Florida Statutes, this Code contains
specific and detailed provisions which regulate the subdivision of land; the use
of land and water; areas subject to hooding; environmentally sensitive lands;
signage; stormwater management and protection of potable water well fields.
This Code also requires that all development be reviewed for its impact on
public facilities and services and that adopted levels-of-service are maintained.
SECTION 4: CONSISTENCY WITH COMPREHENSIVE PLAN
This Code incorporates new authorizations, requirements and regulations to
implement the objectives and policies of the Comprehensive Plan, and to ensure
that all land development activities within the City are consistent with and further
the objectives, policies, land uses, densities and intensities in the City's
Comprehensive Pian.
Clermont Land Development Code Page 1
Chapter 1 General Provisions
It is recognized, however, that situations may arise in the daily administration
and enforcement of this Code whereby strict interpretation and enforcement of
the Code may be contrary to the goals, objectives and policies of the
Comprehensive Plan. Such situations may arise due to changes in land
development priorities or economics, new issues which were not anticipated at
the time this Code was drafted and adopted, or the inability to meet competing
goals through a single action. In these situations, the goals and policies of the
Comprehensive Plan shall take precedence, and the Development Code shall be
interpreted and administered consistent with the overall goals, objectives and
policies of the Comprehensive Plan as interpreted by the City Council, until such
time that the Code and/or Comprehensive Plan can be amended to resolve any
conflict
SECTION 5: ~IURISDICTION
The provisions of this Code shall apply to all development of land within the
corporate limits of the City of Clermont, Florida, as now or hereafter defined, and
all areas under the jurisdiction of the City for land use planning and development
control as specified in any applicable interlocal planning agreements.
SECTION 6: GENERAL INTERPRETATION
In the interpretation and administration of this Code, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the City; and
(c) Deemed neither to limit nor repeal any other powers granted under state
statutes.
SECTION 7: DELEGATION OF AUTHORITY
Wherever a provision appears requiring the Administrative Official, the head of a
department or some other City officer or employee to perform an act or duty, it is
to be construed to authorize delegation to subordinates to perform the required
act or duty, unless the terms of the provision or section specify otherwise, or
such delegation would be contrary to the spirit and intent of this Code.
SECTION 8: RELATIONSH{P QF SPECIFIC TO GENERAL PROVISIONS
More specific provisions of this Code shalt be followed in lieu of more general
provisions which may be more lenient than, or in conflict with the more specific
provision.
Page 2 Clermont Land Development Code
Chapter 1 General Provisions
SECTION 9: CONFLICTING LANGUAGE OR PROVISIONS
In the case of conflict within this Code or between this Code and other codes or
ordinances, the language or provision which is most restrictive or imposes the
highest standard shall apply.
SECTION 10: SEVERABILITY
If any provision of this Code or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or
applications of the Code which can be given effect without the invalid provision
or application, and to this end the provisions of this Code are declared
severable.
SECTION 11: REPEALER
The following ordinances and sections of the Code of Ordinances are hereby
repealed:
(a) Chapter 2A, Advertising and Signs
(b) Chapter 9A, Flood Prevention
(c) Chapter 11 B, Landscaping
(d) Chapter 20, Subdivisions
' SECTION 12: EFFECTIVE DATE
The provisions of this Code shall be effective on November 8, 1994.
Clermont Land Development Code Page 3
t
' CHAPTER 2
DEFINITIONS AND INTERPRETATIONS
' SECTION 1: INTERPRETATIONS OF CERTAIN TERMS AND WORDS
(A) The singular includes the plural and vice versa.
' (B) The masculine includes the feminine and vice versa.
' (C) The present tense includes the future.
(D) The word SHALL is mandatory and the word MAY is permissive.
' (~ The word PERSON includes an individual, child, firm, association,
joint venture, partnership, estate, trust, syndicate, fiduciary,
' corporation, and all other groups or combinations.
(~ the word WRITING includes handwriting, printing, typewriting, and
' all other methods and means of forming letters and characters upon
paper, stone, wood, or other materials.
' (G) The word LOT includes the words parcel, plot, or tract.
' (H) The word LAND includes the words water, marsh, swamp, gross
land area
and gross acre of land
,
.
(I) The word STREET includes the word avenue, highway, road,
roadway, boulevard, lane, public and private rights-of-way or other
similar words.
(J) All words and terms defined in any Code adopted by reference are
hereby incorporated in this Code. However, if a word is also
defined in this Chapter, the latter definition shall apply in all cases
except when interpreting the referenced Code.
(I~ All words not defined in this Code shall carry their customary
meaning as found in Webster's Ninth New Coileaiate Dictionary and
Black's Law Dictionary. Sixth Edition.
Clermont Land Development Code Page 1
Chapter 2 Definitions and Interpretations
SECTION 2: GENERAL DEFINITIONS
The words defined below are words which have special or limited meanings as
used in this Code:
Abandon -means to leave, desert, discontinue or cease active use of a building,
structure or land. Non-use of a building, structure or land for twelve (12)
consecutive months shall be prima facia evidence for abandonment
Abut -means to physically touch or border upon; or to share a common property
line.
Access or Accesswav - means a traffio-carrying way set aside for vehicular traffic
primarily serving only one premise or planned development project, including
private driveways, entrances or exitways and similar private vehicular access,
located on the premises served thereby.
Administrative Official -means the City Manager, who is deemed responsible for
the overall administration and enforcement of this Code, or duly authorized
representative thereof.
Altered or Alteration -means any change or rearrangement in the use of land, or
supporting members of an existing building, such as bearing walls, columns,
beams, girders or interior partitions, as well as any change in doors or windows,
or any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure from one
location to another. (Ref. Structural Alteration)
Base Building Line - means a line drawn parallel to the existing or proposed
street right-of-way at the interior boundary of the designated right-of-way for
determination of the minimum building setback required by this Code.
Basement - means a story which has at least fifty-one (51) percent or more of its
outside surface area on one (1) or more exterior walls located below finished
grade.
Board of Zoning Adjustment -means the Board of Adjustment authorized by
Article VII1, Section 63, of the Charter of the City of Clermont Florida.
Breezeway -means an outdoor covered pedestrian walkway at finished grade.
Building -means any structure having a roof supported by columns or walls
designed or built for the support, shelter, activities or protection of persons,
animals, chattels or property of any kind.
Page 2 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
Building_Area -means the building area of a structure measured on a horizontal
' plane at the base of each building and accessory building, including any area of
land covered by breezeways, ports cocheres, outdoor covered patio areas,
' carports, garages or other off-street parking structures. The term building area
shall not however, include uncovered entrance platforms, terraces or steps.
Building Frontage -The side or wall of a building approximately parallel and
' nearest to a street. When on a corner, the frontage of a building shall be
determined by the Administrative Official as determined by this Code.
Building Height -means the vertical distance measured from the finished grade
at the front building line to the highest point of the building.
t Building Line - means a line drawn parallel to the front parcel line and tangent to
the nearest part of the principal building and extending from parcel line to parcel
' line.
Building Permit - means a valid development permit issued by the appropriate
' authority under the provisions of the City of Clermont Building Code.
Building Setback -means the same as, and shall be interchangeable with, the
term 'y/ard'. (Ref. Front Lot Une, Setback, and Setback Line).
Certificate of Occupap ncv - means the document issued by the appropriate
' authority under the provisions of this Code, certifying that the structure and site,
including~II improvements, complies with the provisions of applicable statutes,
agreements, and regulations which authorizes the use of a structure or premises
' and is required prior to such use.
' C~ -means the City of Clermont Florida.
City Clerk -means the City Clerk established by Article fl, Section 14, of the
Code of the City of Clermont, Florida.
City Council -means the City Council established by Article I1, Section 6 of the
Code of the City of Clermont, Florida.
Conditional Use - means a use which would not be appropriate generally and
which could impair the integrity and character of the specific area in which it is
located or adjoining areas, unless restrictions or conditions on location, size,
extent, character and time of performance are imposed in addition to those
specifically imposed by this ordinance.
Clermont Land Development Code Page 3
Chapter 2 Definitions and Interpretations '
Conditional Use Permit -means the development order.issued by appropriate '
authority in accordance with the provisions of this Code which authorizes a
conditional use and is required prior to issuance of a site development permit or
certificate of occupancy for the premises. ~
Contractor -means the person, firm or corporation authorized by the owner or
developer to undertake any construction, installation and/or maintenance
activities defined in this Code.
Construction and Contractor Yard - an establishment in which a person, firm or
corporation exercise a vocation or occupation that performs a type of labor, act
or work, that directly results in the fabrication, construction, addition, alteration,
repair or development of land, buildings or structures on a given premises. Such
occupation may be pertormed on a contract basis or for sale, resale, lease, rent,
or for a fee, charge or other means of compensation, including the equipment,
materials and other items utilized by such entities in practicing their vocation or
occupation. Construction and contractor yard establishments may include
maintenance facilities provided such maintenance facilities are located on the
premises and designed to be utilized only for the maintenance of equipment
accessory and incident to the principal use and activities of the construction and
contractor yard establishment.
County Clerk -means the Clerk of the Circuit Court of Lake County, Florida.
Department of Planning -means the Department of Planning for the City of
Clermont, Florida.
Developer -means any person, firm, partnership, association, corporation,
company, organization or the authorized agent thereof, engaged in any type of
man-made change or activity defined in this Code to improved or unimproved
land.
Development Order -means an order issued by and upon approval of an official
board, commission or administrative officer authorizing a specific use and
development, and further authorizing the subsequent issuance of necessary
development permits.
Development Permit -means the formal permission to erect, construct,
reconstruct, alter, raze, move, remove or otherwise disturb or develop land or
structures within the City of Clermont. This shall include, but is not limited to,
zoning clearances, building permits, sign permits, tree removal permits, grading
and excavation permits, etc.
Page 4 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
Dimensional Variance - means a departure from certain of the requirements of
this Code permitted, in accordance with the terms of this Code.
Erect -means to construct, build, raise, assemble, place, affix, attach or create.
Flnished Grade -means the top surface elevation of lawns, accessways, stabs,
walkways or other improvement surfaces after completion of construction or
grading operations.
Hazardous Use - means a use which is identified in the text of this Code,
' including sny schedule, as being 'hazardous' and subject to the hazardous use
regulations.
Land Area -means the total area of land contained within the lot, tract or project
boundary lines.
' Living Area -means the total floor area of a dwelling unit made suitable for
human habitation excluding: garages, carports, areas that are not wholly
enclosed such as screen rooms, or common corridors, hallways or exits
provided for access or vertical travel between multiple-family dwelling units.
' Lot - means a unit of land of at least sufficient size to meet minimum zoning
requirements for use, width, coverage, and total area, and which is occupied by,
or to be occupied by, one principal building and its accessory buildings, and
' including the open spaces, yards and buffer strips required by this Code. Such
lot shall have frontage on an improved public street or on an approved private
street or legal access, and may consist of:
' 1. A single lot of record;
2. A portion of a lot of record which meets the specified criteria for use,
described above;
3. A combination of complete lots of record, or complete tots of record and
portions of lots of record;
4. A parcel of land described by metes and bounds, provided that in no case
of division or combination shall any residual unit be created which does
' not meet the requirements of this Code.
A. Lot Area -The total area of land contained within the lot lines,
' usually expressed in this Code in square feet or acres.
Clermont Land Development Code Page 5
Chapter 2 Definitions and Interpretations
B. Lot Coverage -The portion of a lot which is covered by any type or
form of impervious surface.
C. Lot in - A boundary dividing a lot from aright-of- way, adjoining
lot, or other adjoining tract of land.
1. Front Lot Line -The lot line abutting a street right-of-way line.
When on a corner, all sides of a lot adjacent to a street shall
be considered front lot lines and shall meet ail setback, buffer
and other development criteria in accordance with
requirements of this Code. On through lots (double frontage
lots), front lot lines shall be considered in the same manner
as described for comer lots.
2. Rear Lot Line -The lot line opposite and most distant from the
front lot line. In the case of a triangular or cone-shaped lot
wherein the two lot lines converge in the rear, the rear lot line
shall be considered to be a line ten (10) feet in length within
the lot parallel to, and at maximum distance from, the front lot
line.
3. Side Lot Line -Lot lines other than the front or rear lot lines.
D. Lot Depth -The dimension of a lot measured perpendicular to the
front lot line and tangent to the nearest part of the rear lot line.
E. Lot Width -The dimension of a lot measured perpendicular to the
side lot line and tangent to the nearest part of the front lot line.
F. Corner Lot - A lot which abuts on two or more intersecting streets at
their intersection.
G. Double Frontage Lot -Any lot other than a corner lot which abuts
on two streets.
H. Lot of Record - A lot, combination of lots, or parcel described by
metes and bounds, which individually, or as part of a subdivision,
whose location and dimensions may be ascertained by reference to
a plat duly recorded in the plat books in the office of the County
Clerk on the effective date of this Code.
Nonconforming Lot or Parcel - An undeveloped lot of record, the location or
dimensions of which do not conform with all of the provisions of this Code
respecting a proposed use thereof.
Page 6 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
' Nonconforming Structure or Use - A structure or use jawfuliv existino on the
effective date of this Code, or an amendment thereto, which does not conform
~ ~ with all of the provisions of this Code respective of such structure or use.
Nonhazardous Use - A use which is identified in the text of this Code, including
any schedule, as being "nonhazardous" and subject to the nonhazardous use
regulations.
' ant -The person, persons or family in actual possession of the premises
regardless of ownership of the premises.
' OQen Space -Any parcel or designated land area in its natural state or
essentially unencumbered by either principal or accessory uses, buildings,
structures or impervious surfaces.
Qrdinary High Water Mark -The intersection of the plane of mean high water and
the shore. Mean high water is the average height of the high waters over a
' 19-year period.
wn -means to hold legal or equitable title to a parcel of real property
evidenced by instrument of conveyance lawfully recorded in the office of the
County Clerk.
' caner -means the person, firm or corporation that holds legal or equitable title
to a parcel of real property as evidenced by an instrument of lawful conveyance
lawfully recorded in the office of the County Clerk.
Parcel - means a lot or tract as defined by this Code.
' Planning and Zoning Commission -means the City of Clermont Planning and
Zoning Commission established by Article VI11, Division 1, Section 2-26 of the
Code of the City of Clermont Florida.
Planned Unit Development (PUDI -means an area with a specified mm~mum
contiguous acreage, as specified by this Code, to be planned, developed,
operated and maintained as a single entity containing a system of structures and
uses planned as an integral unit of development having appurtenant common
' areas, open spaces, yards, building setbacks and buffer strips, approved in
accordance with the provisions of this Code.
' Planned Unit Development District -means an vo ertaX district designed to
encompass a specified minimum contiguous acreage that is to be developed as
an integral and planned complex of structures and uses rather than through the
Clermont Land Development Code Page 7
1
Chapter 2 Definitions and Interpretations
conventional principal building -single lot development approach and is
intended to be the district most used as a means of providing for land use
changes.
P!~ - means a map or chart of a parcel of land or property which is drawn to
scale and shows the existing andlor proposed location of boundary lines,
buildings, structures, uses or any other required data or information.
Plat or Plot - means a map of a specific land area such as a city, town, section or
subdivision, Indicating the location and boundaries of individual parcels or
properties of land subdivided into lots, with streets, alleys, easements, etc.,
usually drawn to scale.
Plat Mai - means a plat which gives legal descriptions of pieces of property by
lot, street, and block numbers, generally drawn after property has been
described by some other means, such as a Government Survey System. Once a
plat map is set, legal descriptions are defined by referring to the given map, in a
lot and block description.
Platted Subdivision - means a subdivision plat which is prepared consistent with
the requirements of Chapter 177, Florida Statutes, and duly recorded in the Plat
Books in the Office of the County Clerk of Lake County.
Porte Cocheres -means an outdoor covered vehicular driveway at finished grade
leading to the pedestrian entrance of a building which is neither designed for,
nor includes any space for vehicular off-street parking.
Premises - means a parcel of land under single or unified ownership and ail the
structures on it.
Principal Building -means the building in which is conducted the principal use of
the premises on which it is situated.
Principal Use -means the primary or predominant purpose and use for which
any parcel of property and/or structure is designated, arranged, or intended to
be utilized or occupied and maintained.
Property Line -means the boundary of a parcel of real property under ownership
as evidenced by an instrument or instruments of conveyance lawfully recorded in
the office of the County Clerk.
Required Project Improvements -means all of the improvements required by the
provisions of this Code for a particular type of land use or zoning district,
including any buffer strip, screening or other project improvement required as a
Page 8 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
i~
i~
C~
special condition or otherwise stipulated in conjunction with any official action
approving such development. Project improvements proposed by the applicant
and stipulated as improvements to be completed prior to any required final
approval shall also be considered as required project improvements.
Road -The term 'road' shall mean the same and be interchangeable with the
term "street'.
i n - A structure, object, display or other devise located and designed for the
purpose of showing directions, giving information, advertising, attracting
attention, or otherwise urging some specified act by any means, including words,
letters, figures designs or symbols and the like.
Site Development Permit -means the permit issued by appropriate authority
under the provisions of this Code, usually in conjunction with a 'building permiC,
which authorizes the construction or alteration of a structure or site and is
required prior to such construction or alteration.
to -means that portion of a building between a floor and the next floor above,
or if there is no next floor, the ceiling above.
' Street - means a public trafficcarrying way for vehicular traffic regardless of size
or designation, but excluding accessways. The term 'street' shall mean any
facility of the State Highway System, County Road System or City Road System
' to include:
A. Parkways. Freeways, and Interstates: High volume-type arterial streets
designed primarily for major through traffic with full control of access and
grade separations at all intersections.
' B. Arterial Street: A street designed or utilized primarily for high vehicular
speeds and/or heavy volumes of traffic.
C. Major Collector Streets: A street which carries or will carry, medium
volumes of traffic from minor collector streets to arterial streets.
D. Minor Collector Streets: A street which carries or will carry, medium
volumes of traffic primarily from minor streets to major collector streets.
' E. Minor Streets: A street which is primarily used or will be used for access
to individual properties and which carries or will carry, limited volumes of
' traffic at low speed.
i
Clermont Land Development Code Page 9
Chapter 2 Definitions and Interpretations
F. Aliev: A street primarily used for vehicular service access to the rear or
side of properties with specifically limited and/or regulated access.
tru r -means any combination of materials fabricated, constructed or
erected to fulfill a function in a fixed location whether installed on, above, or
below the surface of land or water.
Subdivision Plat - means a plat for the subdivision prepared consistent with the
requirements of Chapter 177, Florida Statutes, and approved in accordance with
the City of Clermont's Subdivision Regulations, or the Lake County Subdivision
Regulations if platted prior to incorporation into the City of Clermont, Florida.
Substantial Improvement -The term 'substantial improvement shall mean any
combination of repairs, reconstruction, alteration or improvements to a structure,
taking place (during the life of the structure) other than routine maintenance and
upkeep in which the cumulative cost equals or exceeds fifty (50) percent of the
market value of the structure. The market value of the structure should be the
appraised value of the structure prior to the start of the initial repair or
improvement or, in the case of damage, the value of the structure prior to the
damage occurring. For the purposes of this definition, "substantial improvement
is considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of a building or structure commences, whether or not that
alteration affects the external dimensions of the structure. The term does not,
however, include any project improvement of a structure required to comply with
existing health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions.
Use -means the activities which take place on any land or premises and, when
appropriate, the structures located thereon and designed for those activities.
Vacate or Vacation -when used with reference to the plat of a subdivision means
the procedures for vacation and annulment of plats provided in Chapter 177,
Florida Statutes.
Yar -means the land area surrounding the principal building on any parcel
which is neither occupied or obstructed by a portion of the principal building
from the finished grade to the sky or below the finished grade except where
such occupancy, obstruction or encroachment is specifically permitted by this
Code.
A. Front Yard -That portion of the yard extending the full width of the parcel
and measured between the front parcel line and a parallel line tangent to
the nearest part of the principal building.
Page 10 Clermont Land Development Code
u
' Chapter 2 Definitions and Interpretations
' B. Re r Y r -That portion of the yard extending the full width of the parcel
and measured between the rear parcel line and a parallel line tangent to
' the nearest part of the principal building.
C. ide r -Those portions of the yard extending from the required front
yard to the required rear yard and measured between the side parcel lines
and parallel lines tangent to the nearest part of the principal building.
SECTION 3: DEFINITIONS. LAND USE
The words and phrases defined below have special or limited meaning as used
in this Code and shall mean:
Accessory Building. Structure or Use - A building, structure, or use which: (1)
' serves and is clearly incidental and subordinate to that of the principal building,
structure, or use; (2) is subordinate in area, extent, or purpose to the principal
building, structure, or use served; (3) contributes to the comfort, convenience, or
' necessity of occupants of the principal building, structure or use; and (4) is
located on the same parcel and zoning district with the principal building,
structure or use.
' Accessory Occupation - an occupation or activity which may be compatibly
conducted and maintained within a dwelling unit.
Accessory Residential Structure -one. (1) one-family dwelling located on the
premises in addition to the principal building and occupied by the owner, relative
of the owner-occupant, caretaker or watchman employed on the premises.
Actual Construction -The term includes the placing of construction materials in
permanent position and fastened in a permanent manner. Where demolition or
removal of an existing structure has been substantially begun preparatory to new
' construction, such demolition or removal shall be deemed to be actual
construction, provided that work shall be diligently carried on until completion of
the new construction involved. Excavation, fill, drainage, and the like shall be
' considered a part of construction. Such construction shall be completed within
the period specified by the approved Site Development Order or Permit.
' Adult -Refers to persons who have attained the age of eighteen (18) years).
Clermont Land Development Code Page 11
Chapter 2 Definitions and Interpretations
Adult Bookstore - An establishment or business having as a predominant part of
its stock in trade, books, magazines, photographs, pictures and periodicals
which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to 'specified sexual activities' or 'specified anatomical
areas' (as defined herein) and limited in the sale of such sexual material to
adults.
Adult Congregate Living Facility (ACLF) - A structure utilized for the care of the
elderly and handicapped public, occupied by more than three (3) persons that
are not related to the owners of the facility by bonds of blood, marriage, or legal
adoption. Such a facility shall be licensed by the State as a congregate living
facility. This term shall not include the criminally insane, or persons with such a
severe physical handicap that nursing care or special machines and equipment
are necessary, or alcoholic or drug rehabilitation houses, or other similar
rehabilitation uses.
Adult Motion Picture Theater -Any commercial facility with a capacity of two (2)
or more persons used for presenting material distinguished or characterized by
an emphasis on matters depicting, describing or relating to 'specified sexual
activities' or 'specified anatomical areas' (as defined herein), for observation by
patrons therein.
Agricultural Buildin4 or Structure -any agricultural building or structure
accessory to the principal permitted farming, forestry, horticultural nursery farm,
livestock, poultry, or other agricultural use of the land. The term agricultural
building specifically includes greenhouses, frame houses, cloth houses, lath
houses and/or similar sheathing type structures accessory to horticultural
nursery farm products.
Agricultural Processing Establishment - a premises, or portion of a premises,
occupied by an establishment primarily engaged in the processing of agricultural
product for sale, resale or other processing charge normally for the wholesale
market, for inter-establishment transfer, or to order for other processors, rather
than for direct retail sale to the domestic consumer. Processing refers to the
mechanical or chemical transformation of agricultural products into new
products and they include the use of material handling equipment and related
storage facilities. Agricultural processing includes the assembling of component
parts of processed products if the resulting new product is neither a structure
nor other fixed improvement. The final product of agricultural processing may
be 'finished' in the sense that it is ready for utilization of consumption, or it may
be 'semi-finished" to become a raw material for an establishment engaged in
further processing. Processing also includes the making, packaging, crating,
Page 12 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
shipping or any other similar activity that results in this part of the creating or
changing the form of agricultural products including any major specialized
cleaning or reconditioning operation or any other similar major original or
restorative treatment.
Animal Raisins -The housing, penning, caging, boarding, keeping, training
and/or raising of the following animals in the specified number(s) when such
animals have reached the specified age as measured from birth: 4 or more dogs
of twelve weeks; 4 or more cats of twelve weeks; 3 or more rabbits of 10 weeks;
one or more rere animals of 10 weeks; one or more other specialty animals at 8
weeks.
Aaartment House -This term shall mean the same as 'multiple dwelling'.
Auction Sales Establishment - a premises, or portion of a premises, occupied by
an establishment primarily engaged in the selling of merchandise, goods and
other items by means of auctioneer or other similar process of bidding on a
routine or otherwise regularly schedule basis.
Automotive Eggipment Manufactured {Mobile Home) Housing and Recreational
Vehicle Dealer Sales - a premises, or portion of a premises, occupied by one or
more of the following:
A. Automobile and Truck Sales - an establishment primarily engaged in the
retail selling of new and/or used automobiles and trucks and related new
parts and accessories directly to ultimate consumers and not for resale.
Automobile and truck sales establishments may include repair
departments provided such repair departments are incidental and
accessory to the principal retail selling of automobiles and trucks.
B. Boat Safes - an establishment primarily engaged in the retail selling of new
and/or used boats, motors and related new parts and accessories directly
to ultimate consumers and not for resale. Boat safes establishments may
include repair departments provided such repair departments are
incidental and accessory to the principal retail selling of boats, motors and
related marine accessories.
C. Farm Equipment Sales - an establishment primarily engaged in the retail
selling of new and/or used farm tractors, equipment and machinery
directly to ultimate consumers and not for resale. Farm equipment sales
establishments may include repair departments provided such repair
departments are incidental and accessory to the principal retail selling of
farm tractors, equipment and machinery.
Clermont Land Development Code Page 13
Chapter 2 Definitions and Interpretations
D. Maior Eauinment Sales - an establishment primarily engaged in the retail
selling of new andlor used road building equipment, construction
equipment, industrial equipment and related large equipment and major
machinery and related new parts and accessories and not for resale.
Major equipment sale establishments may include repair departments if
such department are incidental and accessory to the principal retail setting
of large equipment and major machinery.
E. Manufactured (Mobile Homel Housing Sales - an establishment primarily
engaged in the retail selling of new andlor used manufactured houstng,
mobile homes and related accessories directly to ultimate consumers on
the premises and not for resale. Manufactured housing and mobile home
sales establishments may include maintenance facilities provided such
maintenance are incidental and accessory to the principa! retail selling of
the manufactured housing and mobile homes.
F. Travel Trailer Sales - an establishment primarily engaged in the retail
selling of new and/or used travel trailers including Park Models) and
related new parts and accessories directly to ultimate consumers and not
for resale. Travel trailer sales establishments may include maintenance
facilities provided such maintenance facilities are incidental and accessory
to the principal retail selling of travel trailers.
Automobile and Truck Accessory Sales and Installation - a premises, or portion
of a premises, occupied by an establishment primarily engaged in the retail
selling and installation of automobile tires, batteries and other automobile and
truck parts and accessories directly to ultimate consumers and not for resale.
Automobile and truck accessory sales establishments includes installation of the
automotive accessories sold on the premises provided such activities are
incidental and accessory to the principal retail selling of tires, batteries and
automotive accessories.
Automobile and Truck Rental - a premises, or portion of a premises, occupied by
an establishment primarily engaged in renting or leasing passenger automobiles
and/or trucks without drivers, as well as non-motorized hauling trailers intended
to meet the needs of ultimate consumers. Automobile and truck rental
establishments may include maintenance facilities provided such maintenance
facilities are designed for and incidental to the principal renting or leasing of
passenger automobiles, trucks and non-motorized hauling trailers.
Page 14 Clermont Land Development Code
Chapter 2 Definitions and interpretations
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Automobile Rental Office - a premises, or portion of a premises, occupied by an
establishment primarily engaged in renting or leasing passenger automobiles
without drivers intended to meet the needs of ultimate consumers. Automobile
rental offices do not include non-motorized hauling trailer or truck rental or
leasing or maintenance facilities.
automobile and Truck Repair Garage - a premises, or portion of a premises,
occupied by an establishment on which a person, or persons, practice a vocation
or occupation that performs a type of labor, act or work, that primarily results in
the fixing and major repair of automobiles and trucks intended for and directly
incidental to the needs of ultimate consumers normally for a fee or charge.
Includes automobile and truck towing services.
Automobile and Truck Service - a premises, or portion of a premises, occupied
by one or more of the following:
A. Automobile Parking Establishment - a facility primarily used in providing
commercial parking facilities on open air lots and/or structures for
relatively short periods of time directly to meet the needs of ultimate
consumers normally for a fee or charge.
B. Automobile Cleanin4 Establishment - a facility primarily engaged in
furnishing automobile washing, waxing, polishing, detailing and/or similar
services, except repairs, intended for and directly incidental to the needs
of ultimate consumers normally for a fee or charge.
C. Automobile Service Station - an establishment primarily engaged in the
' retail selling of gasoline, recreation and home fuels or lubricating oils
directly to ultimate consumers and not for resale. Automotive service
stations may include the retail selling of minor automotive accessories, the
performing of minor automotive repair work and the renting of small non-
motorized hauling trailers provided such activities are incidental and
accessory to the principal retail selling of gasoline and lubricating oils.
' Uses prohibited at an automobile service station include, but are not
limited to, removal and replacement of heads, crankcase, or body parts
1 considered major mechanical and body work, painting, welding, fire
recapping or regrooving, or storage of automobiles not in operating
condition, or other work to an extent greater than normally found in
service stations.
Automotive Specialty Sales - an establishment engaged primarily in the retail
' selling of new and/or used off-road recreational vehicles, motorbikes,
motorcycles and similar automotive product specialties and related new parts
and accessories directly to ultimate consumers and not for resale. Automotive
Clermont Land Development Code Page 15
Chapter 2 Definitions and Interpretations
specialty sales establishments may include repair departments provided such
repair departments are incidental and accessory to the principal retell selling of
motorbikes, motorcycles and similar automotive product specialties.
Automobile Wrecking -The dismantling or disassembling of used motor vehicles
or trailers, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete, or wrecked vehicles or their parts.
Bar, Cocktail Loun4e. or Saloon -Any building or structure devoted primarily to
the retailing and on-premises drinking of malt, vinous, or other alcoholic
beverages, including any facility where a sign is exhibited or displayed indicating
that alcoholic beverages are obtainable on the premises.
Bathhouse -Art establishment or business which provides the services of baths
of any type, including all forms and methods of hydrotherapy, unless operated
by a medical practitioner or professional physical therapist licensed by the State
of 1=lorida.
Bedroom - a single room for living purposes without cooking or other amenities
that is located within a dwelling unit. Such a room is generally intended and
designed to be utilized for human slumber. A bedroom shall not be construed to
mean a sleeping room, sleeping unit or dwelling unit.
Boarding House - is a term which includes the following:
A. Lodging House or Rooming House - a building, other than a hotel or motel,
where sleeping rooms are provided for occupancy by persons for
compensation. Accommodations are without provisions for cooking by
guests, but meals may or may not be provided. A lodging house may
include living quarters containing independent cooking facilities designed
for the resident manager only.
B. Dormitory. Fraternity_ or Sorority House - a building in which sleeping
rooms are provided for occupancy by, and maintained as a place of
residence exclusively for students affiliated with an academic or
professional college or university, with or without meals, and when
approved and regulated by such institution. A dormitory, fraternity or
sorority house may include living quarters containing independent cooking
facilities designed for the resident manager only.
Boat Livery - a premises, or portion of a premises, where boats, boat motors,
minor repair and maintenance of boats and boat motors and small boat hauling
and storage facilities are provided and includes marinas.
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Chapter 2 Definitions and Interpretations
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Boat Trailer - A conveyance drawn by other motive power for transporting a boat
Boat Yards and Wavs - a premises, or portion of a premises, where facilities for
the construction, reconstruction, major repair, maintenance and/or sale of boats,
marine engines, equipment and services of all kinds are provided including
marine railways, lifting, or boat liveries and marinas.
Business and Professional Office - a building, or portion of a building, occupied
by an establishment in which a person, or persons, practice a particular kind of
occupation requiring specialized knowledge and often a long and intensive
preparation that primarily results in a specialized aid, assistance or action
directly or indirectly to the needs of individuals, clients or persons engaged in
commerce or industry normally for a fee or charge.
Business Training School - a building, or portion of a building, occupied by an
establishment primarily engaged in furnishing nonacademic instruction and trade
courses normally for a fee or charge.
Cabana - An open or tent like structure at a swimming pool or other type of
water front facility.
Carport - A private garage not completely enclosed by walls or doors.
Cemetery - a premises, or portion of a premises, occupied by an establishment
whose primary function is to provide burial places or grounds. The term
cemetery may in certain instances include burial places or grounds for pet
animals such as dogs, cats, rabbits, hamsters or other small animals, birds or
reptiles but does not include livestock.
Central Sewage Treatment Facilities - a premises, or portion of a premises,
occupied by a structure designed for the treatment of sewage and intended to
serve more than one tract, platted subdivision or planned development project.
Central Water Treatment Facilities - a premises, or portion of a premises, .
occupied by a structure designed for the treatment of water and intended to
serve more than one tract, platted subdivision or planned development project.
' Church - a premises, or portion of a premises, occupied by a religious
organization operated primarily for worship and related activities. The term
`church' does not include day care facilities or public school oriented
educational facilities.
Clermont Land Development Code Page 17
Chapter 2 Definitions and Interpretations '
Com IReteiy Enclosed Building - A building separated on all sides from adjacent
open space, or from other buildings, or other structures, by a permanent roof
and by exterior walls or party walls, pierced only by windows and normal
entrances and exit doors.
ComQrehensive Plan -The compilation of goals, objectives, policies and
recommendations for physical, social and economic development within the City
of Clermont, adopted by Ordinance pursuant to the Local Government
Comprehensive Planning Act of 1975 as amended, and containing all required
elements thereof.
Conditional Use means a use which would not be generally appropriate within
a class (district) specified within an Ordinance or Code, and which could Impair
the integrity and character of the specific area in which it is proposed to be
located or to adjoining areas unless restrictions or conditions for location, size,
extent, character, time of performance or other precautionary criteria are
imposed in addition to those specifically imposed by an Ordinance or Code.
Conditional Use Permit - means the written, approved permit issued by the
appropriate authority in accordance with the provisions of this Code which
authorizes a conditional use, and is required prior to issuance of a site
development permit, certificate of occupancy, or occupational license for the
premises.
Convalescent Home - A building, or portion thereof, wherein for compensation,
living accommodations and care are provided for persons suffering from illness
(other than contagious illness which is not of sufficient severity to require
hospitalization) or for persons requiring further institutional care after being
discharged from a hospital.
Cul-de-sac - A street having only one end open for vehicular traffic and the other
permanently terminated by an approved turn- a-round for vehicles.
Day Care Facility - A premises, or portion of a premises, occupied by person or
establishment licensed to provide day care and related services to unrelated
individuals for periods of time less than twenty-four (24) hours. Day care
facilities may include living quarters containing a kitchen located within the
principal building and designed for the resident family, owner, caretaker or
watchmen employed on the premises.
Densi -The degree of aggregation; the quantity of any entity distributed over
an area per unit of aerial measure, e.g., persons per acre, families per acre, or
dwelling units per acre.
Page 18 Clermont Land Development Code
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Chapter 2 Definitions and Interpretations
Dimensional Variance - A written, authorized departure from the terms of this
Code pertaining to height, width, depth, or area of structures, and/or size of
required yards and open spaces, where such departure will not be contrary to
the public interest, and where, owing to conditions peculiar to the property
because of its size, shape, or topography, and not as a result of the actions of
' the applicant, the literal enforcement of this Code would result in unnecessary
and undue hardship.
' Di trio - A portion of the territory of the City of Clermont within which certain
regulations and requirements or various combinations thereof apply under
provisions of this Code.
Drainageway -Any natural or artificial watercourse, trench, ditch swale or similar
depression into which surface water flows.
Drip Line - An imaginary perpendicular line that extends downward from the
outermost tips of the tree branches to the ground.
Drive-In Restaurant - an eating and drinking establishment designed primarily to
provide for the quick, efficient and convenient ordering and dispensing of food
and/or beverages to automobile oriented customers. Such establishments
normally specialize is carry-out purchases which may be consumed on the
premises, within automobiles or off the premises entirely. Off-street parking,
automobile access to the premises and automobile drive-through window service
or similar in-car service facilities normally constitute a major service factor in the
function of the establishment.
Dwelling Unit - A building or part thereof containing complete cooking, sleeping,
and sanitary facilities that is designed in whole or in part as the separate and
independent residence or living quarters for one or more persons, which
provides shelter and the amenities for permanent human habitation, and is
physically separated from any other dwelling units which may be in the same
structure. A dwelling unit does not include the terms bed and breakfast, inn,
hotels, motels, boarding houses, day care facilities, resident care facilities, travel
trailers, recreational vehicle, tent, or any temporary lodging, boarding or rooming
building or structure designed for transient residence. A dwelling unit shall not
be construed to mean a sleeping unit
Dweilin4. Single Family. Detached - A single family dwelling designed for, and
occupied by, not more than one (1) family which shares neither walls or roof with
any other dwelling unit.
Clermont Land Development Code Page 19
Chapter 2 Definitions and Interpretations
Dwelling, Two Family (Semi-detached or Dualex) - A building containing two (2) '
dwelling units, sharing a single roof, which may be either attached side-by-side
by a 'party wall', separated by a carport, garage, or other physical feature, or
erected one unit above the other. '
Dwelling. Multi-Family - A building consisting of three (3) or more dwelling units,
sharing a single roof, with varying arrangements of 'party walls' and/or ,
physically separating features.
Easement - A grant by a property owner of the use of a specified portion of said '
owned land to another party for a specific purpose.
Eating and Drinking Establishment - a building, or portion of a building, occupied '
by an establishment in which a person, or persons, practice a vocation that
performs a type of labor, act or work that primarily results in the preparation and
retail sale of food and/or beverages directly to ultimate consumers and not for ,
resale.
Education Facilities - a building, or portion of a building occupied by an '
establishment primarily engaged in furnishing accredited academic courses
and/or technical instruction. Educational facilities include Grades K through post
graduate and vocational educational courses.
Efficiency - amultiple-family dwelling unit consisting of not more than one '
habitable room together with cooking and sanitary facilities. An efficiency shall
not be construed to mean a sleeping unit, bedroom or sleeping room.
Elevated Building - A nonbasement building constructed to have the lowest floor
elevated above the ground level by means of fill, solid foundation, perimeter
walls, pilings, columns (posts and piers), shear walls or breakaway walls. ,
Family -One or more persons occupying a single dwelling unit, provided that
unless all members are related by blood, adoption, or marriage, no such family '
shall contain over five persons, but further provided that domestic servants
employed on the premises may be housed on the premises without being
counted as a family or families. This definition shall exclude fraternity or sorority '
houses, as well as boarding houses, unrelated roommates above the specified
number, communes, and other alternative arrangements. _
Filling Station -Means the same as Service Station.
Fishery - a premises, or portion of a premises, occupied by an establishment
primarily engaged in commercial fishing and the operation of fish hatcheries or
fishing preserves.
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Chapter 2 Definitions and Interpretations
I' Flammable Fuel -Means gasoline, kerosene, propane, diesel or other
combustible fuel product,.
Flea Market - An occasional or periodic market held in an open area of land,
and/or within structures or buildings where groups of individual sellers offer
produce and/or goods for sate to the public.
i Flood. Base -The flooding having one percent chance of being equalled or
exceeded in any given year.
Flood Plain -The land located in areas of special flood hazard as identified by
the Federal Emergency Management Agency (FEMA) in its Flood Insurance Rate
' Maps (FIRM) and any revisions thereto.
Flood Insurance Study -The official report provided by the Federal Emergency
Management agency that contains flood profiles, as well as the flood boundary
' Floor Area -The total floor area within the perimeter of the outside walls of a
building or structure as measured from the inside surface of the exterior wails,
with no deduction for hallways, stairs, closets, thickness of walls, columns, or
other interior features; used in determining the required number of exits or in
determining occupancy classifications.
Floor Area Ratio (FAR) -The mathematical expression determined by dividing the
gross floor area of a building or structure by the area of the lot on which it is
located. The ratio of floor area permitted on a lot shall be calculated exclusive of
unenclosed exterior porches, walkways and the like.
GROSS FLOOR AREA
= FAR
PARCEL AREA
Footcandle -The illumination shed by one (1) candle on one (1) square foot at a
distance of one (1) foot
' Fueling Facility - An establishment where flammable products are supplied,
stored, or dispensed.
' Funeral Home - A building or portion of a building occupied by an establishment
primarily engaged in preparing the deceased for burial and conducting funerals.
Governing Bodx -The City Council for the City of Clermont, Florida.
Clermont Land Development Code Page 21
floodway maps and the water surface elevations of the base flood.
Chapter 2 Definitions and Interpretations
Govemment Owned Use -Any land, building, structure, use or activity that Is
owned and operated by the City, County, State or Federal Government or legally
empowered special governmental district and is necessary to the conduct of
government, the furnishing of public services or of an institutional character and
over which such governments exercise direct and complete control. Government
owned uses are subject to the same requirements as nongovernment owned
uses of the same type except as otherwise provided for in the Code.
Government owned uses for which there is no similar nongovernment owned use
shall be permitted in any zoning district subject to approval by the City Council
after due public notice as required for in the provisions of this Code.
Gross Leasable Area {GLA,~ -The total floor area for which a tenant pays rent
and which is designed for the tenants occupancy and exclusive use. GLA is
expressed in square feet and measured from the centerline of joint partitions and
from outside wall faces.
Ground Covers -Low growing plants installed in such a manner as to form a
continuous cover over the ground.
Guest House - A dwelling unit on the same premises as, but separate from and
in addition to, the principal residential building, specifically for receiving and
lodging guests on a temporary and non-continuous, non-fee or charge basis.
Hazardous -Manufacturing and/or wholesale and storage that include uses
and/or activities involving explosive, radioactive, corrosive, toxic, combustible or
flammable materials or wastes, incinerators or furnaces, fertilizer and petroleum
products of any kind.
Heaw -Denotes those land uses which may be potentially obnoxious or
detrimental with regard to compatibility and impacts on adjacent land uses owing
to emission of smoke, dust, vapors, fumes, odors, noise, vibration of the ground,
visual unsightliness or other conditions which would disrupt the natural
amenities and order of the community, even though the maximum public and
private precautions have been taken and the most stringent performance
standards have been met by such establishments in practicing their vocation or
occupation.
Home Occupation - An occupation or activity compatible with the existing
neighborhood, land use, and zoning district which may be compatibly conducted
by the occupant and maintained within a residential dwelling unit. Such
activities shall be incidental to the principal residential use of the premises and
shall not occupy or exceed maximum percentages of total floor area allowable by
this Code and shall meet all other conditional requirements pertaining to
permitted operation of the use specified by this Code.
Page 22 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
' Hospital/Medical Clinic - A building, or portion of a building, occupied by an
establishment primarily engaged in providing health and mental in-patient
facilities, in which medical or surgical services are a main function, and may
' include out-patient facilities, emergency ambulance and rescue service.
Hotel - A building, or portion of a building, containing sleeping units which have
' no cooking facilities or other amenities for separate and independent
housekeeping purposes and are occupied on a daily or short term basis. A hotel
may include living quarters containing independent cooking facilities designed
' for the resident manager only and/or restaurant facilities. Primary access to the
sleeping units shall be through an inside lobby.
ii
Household Pet -Household pets shall be considered as an accessory use and
are permitted in all districts, subject to all applicable Regulations, Ordinances,
and Codes. Household pets shall include but not be limited to domesticated
dogs, cats, tropical birds and fish, and rodents. Household pets shall not be
considered to include cattle, horses, pigeons, pigs, poultry, sheep, or other
animals normally raised for food production or exotic animals whose normal
habitat is in the wild, whether born in the wild or not
Impervious Surface -Any type of building, structure, or surface that does not
allow water to directly penetrate and be absorbed by the ground.
Impervious Surface Coverage or Ratio -That percentage of the total building site
which is covered by impervious surface. A mathematical expression determined
by dividing the total impervious surface of a site by the gross area of the site,
i.e.,.
TOTAL IMPERVIOUS SURFACE = ISR
GROSS SITE AREA
Incidental Use -Aland use that is subordinate to, but not necessary or
subservient to, the principal or accessory use.
Indoor -That which is within a wholly enclosed building.
Junk Yard - a premises, or portion of a premises, occupied by an establishment
primarily engaged in the accumulation, storage and/or processing of discarded
or leftover materials which are no longer of enough value or effectiveness to be
retained in their original condition and includes articles or parts which have been
discarded and are intended for permanent dismantlement and/or destruction.
Junk yards may include the selling of various articles, parts and/or materials
salvaged as a result of the junk yard operation provided, however, that such
Clermont Land Development Code Page 23
Chapter 2 Definitions and Interpretations
sales shall be incidental and accessory to the principal accumulation, storage '
and/or processing of discarded or leftover materials, articles or parts which have
been discarded and are intended for permanent dismantlement and/or
destruction. '
Kenn I -Any establishment or premises where more than six (6) dogs or
domesticated animals, over eight (8) weeks of age, are housed, groomed, bred, '
boarded, trained or sold.
Land Area -The total land area within specified boundary lines, and usually '
expressed in square feet and/or acres.
Land Use -The development, activity or use that has occurred on or is proposed '
for the land.
Land Use Classification - A categorization or grouping of activities (land uses) '
according to common characteristics. (For the purpose of this Code, land use
classifications are those steneraily described in the land use element of the
adopted City of Clermont Comprehensive Pian and shown on the official land '
use plan map).
Landscaping Service Establishment - a premises, or portion of a premises,
occupied by an establishment in which a persons, or persons, practice a
vocation that performs a type of labor, act, or work off the premises that
primarily results in horticultural services on a given premises normally on a
contract basis or for a fee or charge. Landscaping service establishments do
not include horticultural nursery farms or horticultural nursery sales.
Land Use Intensity -The overall structural-mass and open-
space/operating-space relationship of a developed property, based on the
physical relationship between specific development factors which correlate the
amount of floor area and/or total operational area and the size of the site (land
area) with the specific land uses occurring thereon.
Laundy and Dry Cleaning Plant - a building, or portion of a building occupied by
an establishment primarily engaged in the commercial operation of mechanical
laundries with steam or other power normally for a fee or charge, or
establishments supplying laundered items on a contract basis when laundry
facilities are located on the same premises. Laundry and dry cleaning plants
normally involve a substantial amount of equipment and serves a relatively large
trade area through direct or indirect pick-up and delivery of laundry and dry
cleaning articles by personnel employed by the establishment
Page 24 Clermont Land Development Code
Chapter 2 Definitions and interpretations
Laundromats Self-Service or Coin-Qperated - a building, or portion of a
building, occupied by an establishment designed primarily to provide limited
laundry and dry cleaning facilities which are used and operated by ultimate
consumers on the premises on aself-service basis for a fee or charge.
Laundry and Drv Cleaning Pick-Up Establishments - a building, or portion of a
building, occupied by an establishment designed primarily for the convenient
and efficient pick up of and/or dropoff of laundry or dry cleaning by persons not
' employed by the establishment. No actual laundry or dry cleaning service or
work is pertormed on the premises except for the collecting and distributing
activities stated above.
r Library - a building, or portion of a building, occupied by an establishment where
books are kept for use and not for sale.
' Light -Denotes those land uses that are not potentially obnoxious or detrimental
with regard to compatibility and impacts on adjacent land uses, owing to
' emission of smoke, dust, vapors, fumes, odors, noise, vibration to the ground,
visual unsightliness or other conditions which would disrupt the natural
amenities and order of the community when providing necessary precautions
' and meeting necessary performance standards in practicing their vocation or
occupation.
Livestock -any domesticated hoofed quadrupeds held as property, raised for
personal use or raised for the production of livestock and livestock products for
sale. The term 'livestock' includes the boarding, breeding, training, exercising,
' care and treatment of livestock on the premises and the accessory facilities and
structures designed for such purposes.
Lodging House - A building, or portion of a building, other than a hotel or motel,
where sleeping accommodations are provided for a fee or charge, more or less
transiently, without provisions for cooking by guests but, which may or may not
' provide meals for guests and may also serve as the residence of the owner or
operator.
Manufacturin~c - a premises, or portion of a premises, occupied by an
establishment primarily engaged in the processing of materials, products or
personal property for sale, resale or other processing of materials products or
personal property for sale, resale or other processing change normally for the
wholesale market, for inter-establishment transfer, or to order for other
' processors, rather than for direct retail sale to the domestic consumer. The term
manufacturing does not include the fabricating operations performed at the site
of construction by construction or contractor establishments nor the incidental
Clermont Land Development Code Page 25
Chapter 2 Definitions and Interpretations
and acxessory minor operations performed by retail sales, service and repair
establishments so defined by this Code provided, however, that such assembly
is performed as a specialized aid, or customer service intended for and directly
incidental to the needs of ultimate consumers and not for resale.
Manufactured Home - A home constructed in one or more sections at the factory
and assembled onto a foundation at the building site. A manufactured home
bears the seal from the U.S. Department of Housing and Urban Development
certifying HUD Code compliance. Such homes have been manufactured only
since June 25, 1976.
Manufactured Home -Mobile Home Park - A legally platted parcel of land
meeting the requirements of a subdivision under regulations of the City of
Clermont where lots or parcels are offered for rent, with required improvements
and utilities for placement and accommodation of manufactured homes and
mobile homes only, which may Include any land, buildings, structures, services
and facilities for common use of the residents.
Manufactured Home -Mobile Home Subdivision - A legally platted parcel of land
meeting the requirements of a subdivision under regulations of the City of
Clermont where lots or parcels are offered for sate, with required improvements
and utilities for long-term placement and accommodation of manufactured
homes and mobile homes only, which may include any land, buildings,
structures, services and facilities for common use of the residents.
Mean Sea Level -For the purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which the
base flood elevations are shown on a community's flood insurance rate map as
referenced.
Minin -the extraction of limerock, phosphate or other minerals occurring
naturally such as ores, petroleum and natural gas, a quarrying of sand, gravel,
rock, fill material and peat. Mining also includes processing activities such as
well operation, washing, crushing, screening, flotation, storing and distributing
necessary in conjunction with mining activities to render the materials
marketable.
Mini-Mall or Mall -means the same as Shopping Center.
Mini-Warehousing -Storage facilities providing service to the general public,
consisting of groups of individual storage units of three hundred (300) square
feet or less, contained within one or more structures, and usually used on a
temporary basis. The utilization of such units for manufacturing, wholesaling, or
retailing of goods or materials is prohibited.
Page 26 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
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Mobile Home - A single-story structure, constructed prior to June 15, 1976,
transportable in one section, which is at least eight (8) feet in width and forty
(40) feet in length, that is built on a permanent chassis and designed to be used
as one (1) dwelling unit, with or without a permanent foundation when connected
to the required utilities. The term 'mobile home' does not include manufactured
homes or travel trailers.
Motel - a building, or portion of a building, containing sleeping units which may
or may not have cooking facilities and are normally occupied on a daily or short
term basis. A motel may include living quarters containing individual cooking
facilities designed for the resident manager only and/or restaurant facilities.
Motion Picture Theater - A premises, or portion of a premises occupied by an
establishment primarily engaged in the commercial exhibition of motion pictures
normally open to the general public.
Nameplate - A sign, two (2) square feet or less in size, indicating the name
and/or profession of a person or persons residing on the premises, or indicating
a home occupation legally existing on the premises.
Ni htg_club - A restaurant, dining facility, bar or other similar establishment
' providing food and/or refreshments where floor shows or other forms of paid
entertainment are provided.
Nonhazardous -manufacturing and/or wholesale storage that include uses
and/or activities that are not defined as hazardous.
' Nonprofit Club - a premises, or portion of a premises, owned and operated by a
group or association of persons and maintained and operated solely by and for
the members of such group of association and their guests and is not available
' for unrestricted public access or use. Nonprofit clubs may include golf, country,
yacht, fraternal and similar noncommercial groups and associations of persons
' and related facilities.
Nursing Home -The term shall have the same meaning as "Convalescent Home'.
' Nursery School - A premises, or portion of a premises, devoted to the day care
and/or instruction of six (6) or more children, not remaining overnight, and not
' related by blood or marriage, for a fee or charge.
Occupied -means and includes the terms arranged, designed, built, altered,
' converted to, rented or leased, or intended to be used or occupied.
Outdoor -means that which is not within a wholly enclosed building.
Clermont Land Development Code Page 27
Chapter 2 Definitions and Interpretations '
1
Outfall - A direct connection of an overflow and/or drain-down capability from a
retention area to a public drainage facility. '
Package Store - A building, or portion of a building, where alcoholic beverages
are sold In containers for consumption off the premises. '
Parkins -The temporary, transient storage of private passenger motor vehicles
used for personal transportation while their operators are engaged in other '
activities. The tens shall not mean storage of new or used vehicles for sale,
rental, or any type purpose other than that specified.
Parking Area -means any public or private land area designed and used for
parking motor vehicles including parking lots, garages, structures, tiers, private
driveways, and legally designated areas of public streets.
Parking Space - A space for the parking of motor vehicles within a public or
private parking area.
Patio - An outdoor paved court or area, adjoining or enclosed by walls or
arcades of a house; used for outdoor dining or living.
Permit - means a written, approved and authorized document which grants the
owner of land the right to develop the premises with buildings and
improvements, provided that development or construction is accomplished in
compliance with all Regulations and Codes applicable of and to the City of
Clermont, Florida.
Porch - A roofed-over structure attached to the outside of an exterior wall of a
building, usually to shelter an entrance, which has no enclosure other than the
exterior wall of the building. Open mesh screening shall not be considered an
enclosure.
Premises - means a lot, parcel, or tract of land under one ownership and all
appurtenances on it.
Printing and Publishing - a building, or portion of a building occupied by an
establishment in which a person, or persons, practice a vocation or occupation
that performs a type of labor, act, or work that primarily results in publishing a
printing of documents and/or materials such as but not limited to newspapers,
business forms, brochures and similar materials.
Page 28 Clermont Land Development Code
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Chapter 2 Definitions and Interpretations
Private Ciub or Lodge - means a building and related facilities owned or
operated by a corporation, association, or group of individuals established for
the fraternal, social, educational, recreational, or cultural enrichment of its
members and not primarily for profit. The term shall not fnclude casinos,
nightclubs, bottle clubs or other institutions otherwise operated for a profit.
Private Gara4e -means an accessory structure designed and used for inside
parking of private passenger vehicles by the occupants of the principal building.
When attached to, or a part of, the principal building it shall be considered a part
' of the main use. When not attached to the principal building it shall be
considered as an accessory building.
' Private Road or Street - means a private trafficcarrying way set aside for
vehicular traffic primarily serving one premises or planned development project,
including private driveways and access roads.
Private School -means any building, or group of buildings the use of which
meets State requirements for primary, secondary or higher education and which
' use does not secure the major part of its funding from any governmental agency.
Professional Office -means the office of a member of a registered profession,
maintained for the conduct of that profession; or, individuals providing services
customarily on a consulting rather than a retail basis, and those licensed by the
Florida Department of Professional Regulation.
' Public Notice or Due Public Notice -means to require in advance, a publication
of the notice of the time, date, place, and purpose of any public hearing, in
' compliance with applicable local regulations, Codes, and State Statutes.
Public Offices - means a building, or portion of a building, occupied by the City,
' County, State, of Federal Government or legally empowered Special
Governmental District, in which public officials and employees direct the
' .administrative and executive functions and affairs of government
Public Transportation Terminal - means a premises, or portion of a premises,
' occupied by an establishment primarily engaged in providing public use
passenger transportation by railway, highway, water or air normally for a fee or
charge. Public transportation terminals may include maintenance facilities,
' and/or freight transportation provided such maintenance facilities and/or freight
transportation is incidental and accessory to the principal public use passenger
transportation services.
Clermont Land Development Code Page 29
Chapter 2 Definitions and Interpretations '
Recreational Yehicie - means a mobile unit which may be either self-propelled or '
towed, normally used for recreational, camping, and travel use, and includes
motor homes, truck campers, travel trailers, camping trailers, boats and other '
water dependant craft
Recycling Center - A area of land with buildings used for, or occupied by, a '
service activity to deposit, collect, bind, bundle, or store material for processing
and recycling, such as newspapers, magazines, books or other paper products,
aluminum, copper, cans, rags and glass. This term shall not include auto ,
wrecking or junkyard's.
Remodeling. Redecorating. or Refinishing -means any change, removal, '
replacement, or addition to walls, floors, ceilings, and roof surfaces or coverings
which do not support any beam, ceiling, floor load, bearing petition, columns,
exterior walls, stairways, roofs, or other structural elements of a building or a
structure.
Repair Garage - means a building or premises which may be designed or ,
intended for some or all of the purposes indicated under 'Service Station' but
which, unlike a service station, includes provisions for major mechanical repairs
and/or body work, provided that body work and painting shall be conducted '
within a completely enclosed building and that self-propelled vehicles not in safe
operating condition and shall be temporarily stored within afully-enclosed ,
building or opaque, fenced area.
Research. Development and Testing Laboratory - means a premises, or portion
of a premises, occupied by an establishment primarily engaged in research and
testing on a commercial basis normally on a contract basis for a fee or charge,
or nonprofit organization primarily engaged in research and the dissemination of
information for the public health or welfare.
Residential Care Facility - a building, or portion of a building, that constitutes a
living facility which operates to provide the physical, emotional and social needs
of its residents in a family- like setting, regardless of the number of residents.
Such facilities shall include, but are not limited to: foster homes, group homes,
family shelter homes and adult congregate living facilities as those terms are
defined in the Florida Statutes.
Residential Use - means a use for living and sleeping of persons, but not
institutional or retail in character.
Page 30 Clermont Land Development Code
Chapter 2 Definitions and Interpretations '
Recreational Vehicle - means a mobile unit which may be either self-propelled or '
towed, normally used for recreational, camping, and travel use, and includes
motor homes, truck campers, travel trailers, camping trailers, boats and other '
water dependant craft.
Recycling, Center - A area of land with buildings used for, or occupied by, a '
service activity to deposit, collect, bind, bundle, or store material for processing
and recycling, such as newspapers, magazines, books or other paper products,
aluminum, copper, cans, rags and glass. This term shall not include auto '
wrecking or junkyard's.
Remodelin4. Redecorating. or Refinishin4 -means any change, removal, '
replacement, or addition to walls, floors, ceilings, and roof surfaces or coverings
which do not support any beam, ceiling, floor load, bearing petition, columns,
exterior walls, stairways, roofs, or other structural elements of a building or a '
structure.
Repair Garage - means a building or premises which may be designed or
intended for some or all of the purposes indicated under 'Service Station' but
which, unlike a service station, includes provisions for major mechanical repairs
and/or body work, provided that body work and painting shall be conducted
within a completely enclosed building and that self-propelled vehicles not in safe
operating condition and shall be temporarily stored within afully-enclosed
building or opaque, fenced area.
Research. Development and Testing Laboratory - means a premises, or portion
of a premises, occupied by an establishment primarily engaged in research and
testing on a commercial basis normally on a contract basis for a fee or charge,
or nonprofit organization primarily engaged in research and the dissemination of
information for the public health or welfare.
Residential Care Facility - a building, or portion of a building, that constitutes a
living facility which operates to provide the physical, emotional and social needs
of its residents in a family- like setting, regardless of the number of residents.
Such facilities shall include, but are not limited to: foster homes, group homes,
family shelter homes and adult congregate living facilities as those terms are
defined in the Florida Statutes.
Residential Use - means a use for living and sleeping of persons, but not
institutional or retail in character.
Page 30 Clermont Land Development Code
Chapter 2 Definitions and Interpretations
' , Restaurant -means an eating and drinking establishment designed primarily to
serve walk-in or pedestrian oriented customers. Such establishments normally
specialize in foods and/or beverages which are consumed on the premises
'' within the confines of the principal building itself. While automobile off-street
parking space is normally included on the premises, automobile access and
automobile drive-through window service and/or similar in-car service facilities
i, ~ normally does not constitute a major service factor in the function of the
establishment.
~' Retail Service -means establishments engaged in the provision of services or
entertainment, as opposed to products, to the general public, including but not
limited to, eating and drinking places, hotels and motets, finance, real estate and
' insurance, personal services, motion pictures, amusement and recreation
services, health, education and social services.
Retail Trade -means establishments engaged in selling goods and merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of the goods. Some of the important
characteristics of retail trade establishments are: (1) the establishment is
usually a place of business and is engaged in activities to attract the general
public to buy; (2) the establishment buys or receives merchandise as well as
sells; (3) the establishment may process some of its products, but such
processing is incidental or subordinate to selling activities; and, (4} the
establishments sell to customers for personal or household use.
Retention -The holding back or storage of stormwater on a temporary or
permanent basis. For purposes of this Code, retention shall be provided
pursuant to adopted level of service standards of the City of Clermont
Comprehensive Plan.
Room -means an unsubdivided portion of the interior of a dwelling, excluding
closets, hallways, and service porches.
Rooming House -means the same as 'Lodging House`.
Sanatorium -means the same as "Convalescent Home'.
School -means an educational institution with State approved curricula and
State Certification offering studies at different levels to groups of pupils of
various ages, under either public or private auspices.
' Setback -means the distance between any property line or street right-of-way
line, and the building or structure and any projection thereof.
Clermont Land Development Code Page 31
Chapter 2 Definitions and Interpretations
Setback Line • means the line that is the required minimum distance from a '
street right-of--way line or any other property line that establishes the area within
which the building or structure must be erected or placed. (Ref. Front Lot Line,
Setback, Building Line, and Yard)
Shopping Center - means a group of commercial establishments planned,
constructed and managed as a total entity with customer and employee parking '
provided on-site, provision for goods and delivery separated from customer
access, aesthetic considerations and protection from the elements. Shopping
Centers are defined and classified by distinct type and characteristics as follows: ~
A. Neighborhood Center or Convenience Center - means a center that
provides for the sale of convenience goods (food, drugs, and sundries)
and personal services, those which meet the daily needs of an
intermediate neighborhood trade area. A supermarket or drugstore is
usually the principal tenant; typical gross leasable floor area is
approximately 50,000 square feet; and, the site will range from 3 to 10
acres in size.
B. Community Center - means a center which offers a greater depth and
range of merchandise and services. A junior department store, discount,
or variety store usually accompanies the supermarket in this center;
typical gross leasable floor area is approximately 150,000 square feet; and,
the site will range from 10 to 30 acres in size.
C. Regional Center - means a center which provides a full depth and variety
of shopping goods, general merchandise, apparel, furniture, and home
furnishings. One or more full-line department stores with at least 100,000
square feet of gross leasable floor area, a pedestrian mall, and
supplementary tenant stores characterize the center. The gross leasable
floor area is typically 400,000 square feet or greater; and, the site will
range from 30 to 50 acres or more.
Sleeping - a single room rented for living purposes but without cooking
facilities or other amenities for separate and independent housekeeping. A
sleeping room shall not be construed to mean a dwelling unit or sleeping unit.
Sleepin nit - a single room or suite intended for occupancy by persons who
are lodged with or without meals for compensation. A sleeping unit shall not be
construed to mean a dwelling unit.
Solid Waste Disposal Facilities - a premises, or portion of a premises, occupied
by an establishment primarily engaged in the disposal of solid waste, rubbish,
refuse and garbage, and with or without recycling facilities.
Page 32 Clermont Land Development Code
' Chapter 2 Definitions and Interpretations
Structural Alteration -means any change in either the supporting members of a
building, such as bearing walls, columns, beams, and girders, or in the
dimensions or configurations of the roof or exterior walls.
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Town House or Row House -means two or more single family dwelling units
separated by common 'fire resistant' walls, each located on its own lot with
individual title thereto and each possessing requisite parking to serve the unit.
'Yard' requirements shall be appropriate to the construction location of the
specific unit, and with regard to the requirements of the applicable District
Schedule in which the units are located, to include requisite front yards on
corner lots.
Tourist Home - means a building, or a portion of a building, other than a motel or
hotel, where sleeping accommodations are provided for transient guests, with or
without meals, for a charge or fee, and which also serves as the residence of the
operator.
Travel Trailer - a vehicular portable unit which:
A. Is identified by the manufacturer as a travel trailer or recreational vehicle;
or,
1. Is not more than eight (8) feet in body width; or,
2. is of any weight provided its body length does not exceed thirty-two
(32) feet; or,
3. Is of any length provided its gross weight, factory equipped for use,
does not exceed 4,500 pounds.
B. Is designed primarily for short-term temporary living and sleeping
purposes for travel, recreation and vacation purposes.
C. Include units designed to be mounted on, or attached to, a truck or
automobile chassis of motorized self-propelled vehicles constructed as an
1 integral unit
D. Removal of the means of conveyance from a travel trailer or the
construction of a permanent foundation for a travel trailer does not change
the meaning of the word travel trailer as defined or used in the Code.
' Travel Trailer Park - means a parcel of property, or portion of a parcel of
property, prepared and approved according to the procedures of this Code to
accommodate travel trailers.
Clermont Land Development Code Page 33
Chapter 2 Definitions and Interpretations
Use of Land -means and includes the use of land, air space, water surface, and
land beneath the water to the extent covered by District Schedule designations,
and over which the City exercises legal jurisdiction.
Variance - means a written authorization to depart from the literal requirements
of the City of Clermont Codes, Regulations, or Ordinances.
Zero Lot Line -means the location of a building on a lot in such a manner that
one of the buildings sides rests directly on the lot line.
Zonin -means the dividing of a legal jurisdiction Into districts and the
establishment of regulations governing the use, placement, spacing, and size of
land, buildings, structures, and ancillary facilities thereon.
Zoning District - means a specifically delineated area of the legal jurisdiction
within which regulations and requirements uniformly govern the use, placement,
spacing, and size of land, buildings, structures, and ancillary facilities therein.
Zoning Map -means the legally adopted
Zoning Regulations, which delineate the
Districts.
map or map series, that is a part of the
boundaries of the specified Zoning
Zonin4 Permit -means the document signed by the appropriate governmental
authority as a condition precedent to the commencement of a use or the
erection, construction, reconstruction, restoration, alteration, conversion or
installation of a building or structure, which acknowledges that such use,
building or structure complies with the provisions of the jurisdictional zoning
district, or authorized variance therefrom.
Page 34 Clermont Land Development Code
' CHAPTER 3
ADMINISTRATIVE PROCEDURES
ARTICLE I
' DEVELOPMENT ORDER AND PERMIT PROCESS
SECTION 1: GENERAL PROVISIONS
(A) Administrative Official
The provisions of this Code shall be administered and enforced under the
direction of the Administrative Official. The designated Administrative
' Official for the City shall be the City Manager.
(B) Fees
' All fees described in this Code shall be as set by resolution of the City
Council, based on the actual average cost of all expenses associated with
t the subject activity, including materials, labor and overhead.
SECTION 2: DEVELOPMENT ORDER AND DEVELOPMENT PERMIT
' REQUIRED
(A) In General
' No develo ment activi shall be undertaken unless the activity is
P tY
authorized by a development permit A development permit shall not be
' issued unless authorized by a development order reflecting conformance
with the requirements of this Code or exemption from a development order
is permissible in accordance with Section 2(B) of this Chapter.
(B) Exceptions to the Requirement of a Development Order
' A development permit shall be issued in the absence of a development
order for the following activities, when the proposed development
' conforms to the standards and permitting requirements of this Code:
(1) The construction or alteration of a one or two-family dwelling on a
' lot of record as of August 13, 1991, or a lot created under the terms
of this Code.
' (2) The consVuction of an accessory structure on a previously
developed single family or two-family lot.
Clermont Land Development Code Page 1
Chapter 3 Administrative Procedures
(3) The alteration of an existing structure which does not enlarge the
effective size or capacity of the structure.
(4) Demolition of a structure.
(5) Erection of signs or fences on a previously developed site and on
certain undeveloped property when independent of other
development activity on the site.
(6) The clearing of trees or vegetation, changing of grade, or alteration
of certain wetland areas when independent of other development
activity on the site.
(7) The resurfacing of a vehicle use area when independent of other
development activity on the site.
SECTION 3: DEVELOPMENT PLANS -GENERAL PROCESS
(A) Pre-application Conference
Prior to filing for development plan approval, the developer or the
developers representative shall meet with the Administrative Official or
designee(s) thereof, in order to verify the steps necessary for application
and review, and discuss potential issues regarding the development
proposal. Comments made at the pre-application conference are totally
non-binding on the formal review of the development plans.
(B) Application for Development Plan Approval
Application for development plan approval shall be made to the City
utilizing the form provided by the City for that purpose, and accompanied
by the appropriate review fee. Application shall be accompanied by six (6)
copies of the proposed plans, signed and sealed by a registered engineer,
architect, landscape architect, as required by this Code. Plans shall be
prepared according to the standards specified in Chapter 11 of this Code.
(1) Review of application materials. Within five (5) working days of the
receipt of an application, the City shall determine whether the
submittal is m ete. Incomplete submittals shall be returned to
the applicant with the deficiencies noted in writing. Re-application
shall be accompanied by a re-application fee as adopted by
resolution of the City Council.
Page 2 Clermont Land Development Code
' Chapter 3 Administrative Procedures
(2) Initiation of development review. When an application is determined
to be complete, it shall be scheduled for the next scheduled Site
Review Committee (SRC) meeting.
' (C) Development Review Process
' (1) Site Review Committee [SRC). A!1 applications shall be reviewed by
the Site Review Committee, and members comments shall be
delivered and discussed at a regularly scheduled meeting. Formal
comments of the Site Review Committee shall be transmitted in
writing to the applicant
' (2) Resubmittal of plans. Plans shall be resubmitted in response to the
Site Review Committee comments and accompanied by the
appropriate resubmittal fee. The plans shall be reviewed by the Site
' Review Committee as outlined in Section (C)(1) above.
(a) If previous comments were not addressed, or the plan
modifications result in additional Code infraction or
discrepancies, formal comments of the Site Review Committee
shall be transmitted in writing to the applicant
(b) If all comments are satisfactoril addressed, a develo ment
y P
order shall be issued.
' SECTION 4: DEVELOPMENT ORDER -COMPONENTS
' A development order shall be issued by the City only after the approval of
development plans as required by this Code. A development order allows
' for the issuance of development permits for the initiation of development
activities, including land clearing, site preparation, utility construction,
road construction, and building construction.
' (A) nt nts
' A development order shall include the following:
(1) The name of the proposed development, the legal description of the
' property, and, where appropriate, its street address.
(2) A general description of the proposed development activity.
(3) The name of the project engineer, date of the approved plans, and
any revision number.
Clermont Land Development Code Page 3
Chapter 3 Administrative Procedures
(4) Reference to any development agreements or other legal documents
that are a part of, or control the proposed development.
(5) Any special conditions of the development approval, such as off-site
improvements, phasing, or other actions or events required prior to
the issuance of development permits or certificates of occupancy.
(6) The expiration date of the development order.
(B) General Conditions
All development orders are issued contingent upon the following:
(1) The accuracy of the information provided in the development plans
and associated documents. Inaccuracies that affect compliance
with this Code, or the soundness of engineering design, may be
considered grounds for the voiding of a development order.
(2) Copies of all permits from tederai, state, regional and county
agencies with jurisdiction over any portion of the proposed
development shall be presented to the City prior to the issuance of
development permits. The Administrative Official may issue limited
permits for activities not related to outstanding agency permits
unless there is reason to believe that such permits may not be
forthcoming, or may substantially deviate from the approved plans.
(3) The clarification of discrepancies within the approved plans or
associated documents. Where there are contradictions or
discrepancies, the City may require their correction based upon the
requirements of this Code, and as appropriate to the internal
consistency of the documents.
(C) Expiration of a Development Order
Atl development orders shall have an expiration date clearly noted, after
which no development permits, or in certain instances additional
development permits may be issued. Expiration dates shall be based on
the following:
(1) Development plan approval for subdivision or site development shall
expire after one (1) year from the date of issuance.
Page 4 Clermont Land Development Code
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' Chapter 3 Administrative Procedures
' (2) Conceptual plans for Planned Unit Developments shalt expire based
on the terms of its development agreement and any phasing plan
' therein.
(3) Conditional Use Permits and variances shall expire either based on
' the conditions of approval or based upon the specific requirements
of this Code.
(4) Rezoning, except to planned unit development zoning districts, shall
have no expiration date.
(D) Extension of Expiration Date
The expiration date for a development order may be extended as follows:
(1) Where initial development permits have been issued pursuant to the
development order, and development is continuously proceeding,
the Administrative Official may grant one or more extensions not to
exceed one (1) year each, two (2) in number, and not to exceed a
total of two (2) years from the original expiration date. No fee shall
be required beyond those required for the issuance of development
permits.
(2) Where an extension is desired but no permits have been issued, a
developer must request an extension in writing from the
Administrative Official, accompanied by a development order
extension fee. The request for extension shall be reviewed and
considered by the same process as the original approval, with
special consideration to:
(a) Amendments to this Code, including codes and standards
adopted by reference, that have been adopted since the
original approval, requiring modification to the development
plans or associated documents.
(b) Re-evaluation of the ability of the proposed development to
meet the requirements of Chapter 4, Concurrency.
(c) Changes in surrounding land use, development, or other
conditions that may require modification of the plans to meet
the requirements of this Code.
Clermont Land Development Code Page 5
Chapter 3 Administrative Procedures '
(E) Securing Development Permits '
Application for development penults for subdivision, site, or building '
improvements shall be made according to the provisions of the
appropriate Chapter of this Code.
(~ Modification of a Development Order '
(1) Minor modifications to development orders may be approved by the '
Administrative Official, when such modifications are consistent with
the requirements of this Code, and do not have a substantial impact
on the overall impact and intent of the development order. The '
following modifications shall be generally considered as minor:
(a) Dimensional changes to accommodate field conditions,
including the connection to existing facilities and the
preservation of existing vegetation.
(b) Changes of landscape or construction materials that are
deemed to be similar or equivalent to those approved.
(c) Technical changes to construction details which in the opinion
of the City Engineer are deemed to be similar or equivalent to
those approved.
(2) Proposed modifications that do not meet the criteria for
administrative approval described above, shall be submitted for
development plan approval under the same procedure as required
for the original approval, accompanied by the minimum review fee
specified for such approval.
(3) When in the opinion of the Administrative Official, the proposed
modifications represent a major and fundamental change in the
overall impact and intent of the original development order, a new
application for development plan approval may be required,
including the appropriate fees as specified for such approval.
Page 6 Clermont Land Development Code
Chapter 3 Administrative Procedures
' ARTICLE II
AMENDMENTS LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN
1 MENT PR .ED RE
SECTION 1: AMEN
Application to amend this Code or the Comprehensive Plan may be initiated by
any person, board or agency. Application to rezone land under this Code may
' be initiated by the landowner(s), City Planning Department, Planning
Commission, or City Council. The requirements of this Section are in addition to
the requirements of applicable Florida State Law.
(A) Application
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Application for Land Development Code or Comprehensive Plan
amendments shall be made on the appropriate forms provided by the City
for that purpose, and shall be accompanied by the appropriate non-
refundable review fee.
(1) Applications for development code amendments or rezoning shall
be submitted no later than the tenth day of the month prior to the
next regularly scheduled Planning Commission meeting in order to
be considered at that meeting.
(2) Applications for Comprehensive Plan amendments may be made at
any time, but will only be considered twice per year. Applications
received no later than sixty (60) days in advance of the September
Planning Commission meeting will be considered at that time, and
applications received no later than sixty (60) days in advance of the
March Planning Commission meeting will be considered at that time.
(3) Applications for Future land Use Plan amendments shall include a
legs! description of the property, sketch or survey of the property,
proof of ownership, and authorization of the owner if represented by
an agent or contract purchaser.
(4) Any person desiring a change or amendment to the zoning district
boundaries (i.e. rezoning) shall submit a request for the same, in
writing, giving the following information:
(a) Legal description of the property (as shown on an up-to-date
survey, deed or tax receipt).
Clermont Land Development Code Page 7
Chapter 3 Administrative Procedures
(b) General property location (which would enable anyone
reasonably acquainted with the City to pinpoint it exactly).
(c) A plot plan on a sheet of paper at least 8 1/2' x 11' in size,
drawn to scale and including the following information:
(1) Name, address and telephone number of the applicant.
(2) North arrow, date and scale.
(3) Property lines, existing structures, proposed structures
and contiguous streets.
(4) A short description of proposed structural usage.
(5) A topographica-I map with five (5) foot contour lines (if
deemed necessary for clarification purposes by City
staff).
(d) Approximate acreage (estimate of number of acres in property
as well as estimate of physical features - 1/3 swamp, 1/2
groves, etc.)
(e) Present zoning.
(f) Requested action (zoning district designation).
(g) Applicant's signature, if different from owner of record.
(h) Owner's signature (owner of record) unless a power of
attorney or letter authorizing the applicant to act as the duly
authorized agent for the owner is submitted with the
application.
(B) Notification of Public Hearing
All amendments to the Comprehensive Plan or this Code shall comply with
the following:
(1) Rezoning and Future Land Use Map Amendments. The following
requirements apply to owner initiated amendments. They are
superseded by the requirements of Section 166.041(3)(c), Florida
Statutes, for rezoning amendments initiated by the City, and by the
Page 8 Clermont Land Development Code
Chapter 3 Administrative Procedures
requirements of Section 163.3184, Florida Statutes, for Future Land
Use Map amendments initiated by the City.
(a) Adjoining Owners. The City shall send notice of the proposed
action to the owners of all adjoining properties to the subject
property. Such notice shall include the date, time and place
of the public hearing before the Planning Commission, along
with a clear and concise description of the proposed action.
For the purposes of such notification, adjoining properties
shall include those properties separated from the subject
property by a road, canal, easement, rights-of-way or similar
barrier of one hundred-fifty (150) feet or less in width.
(b) Public Advertisement. Notice of public hearing shall be
published in a newspaper of general circulation within the City
at least fifteen (15) days prior to the hearing, with a second
publication to be at least five (5) days prior to the hearing.
(c) Property Notice. Notice of the subject property requested for
amendment shall be posted with signage as provided by the
City. Each parcel shall require one (1) sign for each two-
hundred (200) feet of road frontage or portion thereof.
Physical posting shall be the responsibility of the property
owner.
~ (2) Textual Changes. Notification and advertising for Ordinances
making textual changes to this Code or the Comprehensive Plan
' that do not substantially change permitted use categories in zoning
districts or land use map designations, shall be as normally required
for Ordinances under City Charter and Code, and State Law.
' r dur for Public Hearin
(C) P oce e a
The following procedures are in addition to, or where in conflict,
superseded by those required by City Ordinance or State Law.
(1) Planning Commission Action. The Planning Commission shall
consider and make recommendations to the City Council on every
' rezoning and every proposed amendment to the Comprehensive
Plan or this Code. Recommendations on rezoning's and Future
Land Use Map amendments shall be considered at the public
hearing noticed in Section (B) above, while textual changes may be
considered as a general item on the Commission's agenda.
Clermont Land Development Code Page 9
Chapter 3 Administrative Procedures
(2) Citv Council Action. The City Council shall consider the
recommendations of the Planning Commission before taking action
on proposed amendments to this Code. However, if those bodies
fail to make recommendation within sixty (60) days of the
amendment's first consideration by that body, then the City Council
may take action based upon an assumed recommendation of
approval from the advisory body.
(D) Reapplication for Denied Rezoning
When an application for rezoning is denied by the City Council,
subsequent application for similar rezoning on any portion of the same
parcel of property may not be made for twelve (12) months from the date
of City Council denial, unless specifically authorized by the City Council.
(E~ Criteria for Review of Amendments
When considering an amendment to the Comprehensive Plan or this Code,
the Planning Commission and the City Council shall consider the following
criteria:
(1) Consistency with the Comprehensive Pian, or in the case of a Plan
amendment, consistency with the remainder of the Plan and its
goals, objective, and policies.
(2) Consistency with applicable sections of this Code.
(3) Additionally, as to rezoning amendments:
(a) Whether justified by changed or changing conditions.
(b) Whether adequate sites already exist for the proposed district
uses.
(c) Whether specific requirements of this Code are adequate to
insure compatibility with adjoining properties as required by
the Comprehensive Plan.
SECTION 2: APPEALS
(A) Procedural Appeals
Any property owner, developer, or their duly authorized agent that is
aggrieved by a procedural decision by the Administrative Official or any
Page 10 Clermont Land Development Code
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other official empowered by this Code, may file a written appeal within
thirty (30) days after the decision in dispute. Appeals shall be filed with
the City Manager and shall state fully the grounds for the appeal and sll
facts relied upon by the petitioner. The City Manager shall schedule the
appeal for the consideration of the City Council within twenty-one (21)
working days of the receipt of the appeal.
(B) Technical A,Aueels
Any property owner, developer, or their duly authorized agent that is
aggrieved by a technical decision by the Administrative Official or any
other official empowered by this Code, may file a written appeal within
thirty (30) days after the decision in dispute. Appeals shall be filed with
the Administrative Official, and shall state fully the grounds for the appeal
and all facts relied upon by the petitioner. The Administrative Official shall
schedule the appeal for consideration no earlier than seven (7) days nor
later than forty-five (45) days after the receipt of the appeal.
SECTION 3:
The City shall reserve the right to enforce the provisions of this Code in any
' manner as provided by law. Specific enforcement options are outlined as
follows:
' (A) In General
Whenever the City has reason to believe that the provisions of this Code
' are being violated, it shall notify the alleged violator of the nature of the
violation(s), and require correction of the violation(s) in a reasonable
t period of time, based on the policies of the Code Enforcement
Department If not corrected within the time specified, the violation(s)
shall be referred to the Code Enforcement Board for enforcement as
' authorized in the Code of Ordinances.
(B) Additional Enforcement Procedures
' Specialized enforcement procedures are outlined for use in addition to
those above, in the following areas:
' (1) Chapter 9, Environmental Protection, as outlined in each Article
therein.
' (2) Chapter 10, Clearing, Grading and Stormwater Management.
(3) Chapter 15, Signs.
1
Clermont Land Development Code Page 11
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Chapter 3 Administrative Procedures
ARTICLE III
NONCONFORMANCE PROVISIONS
SECTION 1: N ONC ONFO RMANCE PROVISIONS._
(A) Tvaes of Nonc onfo rming Status
Within the districts established by this Code or amendments that later may
be adopted, there may exist lots, uses of land, or structures which lawfully
existed before this Code was passed or amended but which would be
prohibited, regulated or restricted under the terms of this Code.
It is the intent of this Code to permit these nonconformities to continue in
their present condition but not be enlarged upon, expanded, or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district
There are three (3) types of nonconforming status, as follows:
(1) Nonconforming Lots of Record - In any district in which residential
dwellings are permitted, notwithstanding district dimensional
requirements, a single family dwelling and customary accessory
buildings may be erected on any single lot of record as defined
herein which existed at the effective date of adoption or amendment
of this Code. This provision shall apply even though such lot fails
to meet the requirements applying to area or width, or both, of the
lot However, development on residential lots platted under
previous zoning ordinances shall conform to all other regulations
(setbacks, buffers, landscaping, etc.) for the district in which such
lot is located.
No portion of any nonconforming lot shall be sold or used in a
manner which diminishes compliance with lot width and area
requirements established by this Code, nor shall any division of any
parcel be made which creates a lot width or area below the
requirements stated in this Code.
(2) Nonconforming Uses of Land and Structures - A nonconforming use
of land or structure existing prior to the adoption of this Code shall
continue to have such nonconforming status and shall be subject to
the applicable provisions of this Code including the following which
shall apply so long as the use of land or structure remains
otherwise lawful:
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Chapter 3 Administrative Procedures
(a) No such nonconforming use shall be enlarged or increased
nor extended to occupy a greater area of land or structure
than was occupied as of the formal adoption date of this
Code.
' (b) No such nonconforming use shall be moved in whole or part
to any portion of the lot or parcel other than that occupied by
' such use as of the formal adoption date of this Code.
(c) No additional structure not conforming to the requirements of
' this Code shall be erected in connection with such
nonconforming use of land or structure.
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(3) Nonconforming Structures - A nonconforming structure existing
prior to the adoption of this Code shall continue to have such
nonconforming status and shall be subject to the applicable
provisions of this Code including the following which shall apply so
long as the use of land or structure remains otherwise lawful:
(a) No such nonconforming structure may be enlarged or altered
in a way which increases its nonconformity, but any structure
or portion thereof may be altered to decrease its
nonconformity.
(b) Should such nonconforming structure or nonconforming
portion of a structure be destroyed by any means to an extent
of more than fifty percent (50°k) of its current appraised value
as recorded in the tax assessor's office at the time of
destruction, it shall not be reconstructed except in conformity
with the provisions of this Code.
(c) Should such structure be moved for any reason for any
distance whatever, it shall thereafter conform to the
regulations of the district in which it is located after it is
removed.
Repairs and Maintenance
On any nonconforming structure or portion of a structure containing a
nonconforming use, repairs and modernization are permitted provided that
the cubic area existing when it became nonconforming shall not be
increased. Nothing in this Code shall be deemed to prevent the
Clermont Land Development Code Page 13
Chapter 3 Administrative Procedures
strengthening or restoring to a safe condition of sny building or part
thereof declared to be unsafe by any public official charged with
protecting the public safety, upon order of such official.
(C) Discontinuance of Nonconforming Uses of Land or Structures
If a nonconforming use of land or a nonconforming use of a structure has
been abandoned as defined herein, such use shall not thereafter be re-
established and any future use shall be in conformity with the provisions
of this Code.
(D) Uses Under Conditional Use Permits
Any use which is permitted as a conditional use in a district under the
terms of this Code shall be deemed a conforming use, subject to any
conditions legally imposed by the City Council in the past
ARTICLE IV
BOARDS AND COMMITTEES
SECTION 1: BOARD OF ZONING ADJUSTMENT
(A) Establishment
A Board of Zoning Adjustment is hereby established. This Board may
consist of the City Council or the City Council may appoint five (5)
members serving staggered terms of one (1) to three (3) years.
A variance used in connection with the provisions of this Code means a
modification of the zoning regulations when such variance will not be
contrary to the public interest and when, owing to conditions peculiar to
the property, and not the result of the actions of the applicant, a literal
enforcement of the Code would result in unnecessary and undue hardship.
The Board of Adjustment shall not grant use variances or exceptions. In
granting any variance, the Board of Adjustment may prescribe appropriate
conditions and safeguards. Any violation of such conditions or safeguards
which have been made a part of the terms under which the variance is
granted, shall be deemed a violation of this Code.
(B) Proceedings. Powers and Appeals
The Board of Zoning Adjustment shall operate according to the provisions
of Article VIII, Section 63 of the City of Clermont Charter.
Page 14 Clermont Land Development Code
Chapter 3 Administrative Procedures
SECTION 2: STAFF SITE REVIEW COMMITTEE
(A) Establishment
There is hereby created the Staff Site Review Committee (SRC) to provide
technical review for all applications for development approval and grant
final approval for development plans when authorized by this Code.
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(B) Meetings
The Site Review Committee (SRC) shall hold regularly scheduled meetings
at least once a week, unless there are no applications requiring review at
that time. A schedule of regular meetings shall be made available in the
City Planning Department. A special meeting may be called by the
chairman to allow extra time for the review of large or complex
applications that have been submitted by the appropriate deadline for the
next regularly scheduled meeting. Site Review Committee (SRC) meetings
shall be open to all interested parties for the review of formal development
applications. However, a developer or land owner may request a closed
meeting with the Site Review Committee (SRC) for the purpose of
discussing proposed development prior to the formal application for
approval.
(C) Membership and Organization
The Site Review Committee (SRC) shall be composed of the Directors of
the following departments or divisions, or their designee's; Engineering,
Planning and Public Services. The Site Review Committee (SRC) shall be
chaired by the Administrative Official or his/her designated representative.
Clermont Land Development Code Page 15
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CHAPTER 4
CONCURRENCY
SECTION 1: PURPOSE AND INTENT
concurrency is a finding that the public facilities and services necessary to
support a proposed development are available, or will be made available,
concurrent with the impacts of the development. The provisions of this Chapter
are designed to provide a systematic process for the review and evaluation of all
proposed development for its impact on basic public facilities and services, as
required by the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Part II, Florida Statutes, and Rule 9J-
5.0055, Florida Administrative Code.
No final development order shall be granted for a proposed development until
there is a finding that all public facilities and services included in this Chapter
have sufficient capacity at or above their adopted level-of-service (LOS) to
accommodate the impacts of the development, or that improvements necessary
to bring facilities up to their adopted LOS will be in place concurrent with the
impacts of the development, as defined herein.
SECTION 2: GENERAL PROVISIONS
(A) Public Facilities and Services for which concurrency is Required
The provisions and requirements of this Chapter shall apply only to those
public facilities and services listed below:
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(1) Roads/Traffic Circulation.
(2) Sanitary Sewer.
(3) Solid Waste.
(4) Stormwater Drainage.
(5) Potable Water.
(6) Recreation and Open Space.
(B) Development Subject to concurrency Review
Unless specifically exempted below, all applications for site development
plan or subdivision development plan approval, where the individual lots
within the subdivision do not require site development plan approval, shall
be subject to concurrency review.
(1} Vested Projects. Projects which have valid development orders or
permits prior to November 8, 1994, shall be exempt from
concurrency assessment. This shall include all vacant single family,
Clermont Land Development Code Page 1
Chapter 4 Concurrency
duplex, and single family attached dwelling lots in subdivisions
which were platted snd recorded prior to November 8, 1994.
Residential lots of record, as defined herein, shall also be
considered vested for the purposes of this Chapter.
(2) Minimum Threshold. The following development shall be exempt
from the transportation and other applicable components of
Concurrency review:
(a) residential projects which would result in the creation of one
(1) additional single family homesite;
(b) commercial, institutional or industrial expansions of up to ten
percent (10°~) of the existing gross floor area, providing such
expansion is estimated to generate less than one hundred
(100) vehicle trips per day and create one (1) equivalent
residential unit of utility demand or less; and
(c) construction of accessory buildings and structures which do
not create additional public facility demand.
In no case, however, shall a development order be issued for a
minimum threshold project which would impact a public facility for
which a moratorium or deferral on development has been placed.
(3) Public Facilities. Public facilities necessary to ensure the protection
of the health, safety and general welfare of the citizens of Clermont,
shall be exempt from Concurrency review. This shall include all
public facility construction projects included in the Capital
Improvements Program required to meet any adopted level-of-
service standard.
(C) Minimum Requirements for Concurrencv
To ensure that public facilities and services necessary to support
development are available concurrent with the impacts of said
development, the following standards must be met:
(1) The necessary facilities and services are in place at the time a
development permit is issued, or a development permit is issued
subject to the condition that the necessary facilities and services
will be in place by a specified date when the impacts of the
development are anticipated to occur; or
(2) The necessary facilities are under construction at the time a
development permit is issued; or
Page 2 Clermont Land Development Code
Chapter 4 Concurrency
' (D)
(3) The necessary facilities and services are the subject of a binding
executed contract for the construction of the facilities or the pro-
vision of services at the time the development permit is issued; or
(4) The necessary facilities and services have been included in the
Capital improvements Program and are programmed for
construction prior to or concurrent with the impacts of the proposed
development; or
(5) In the case of road facilities, the necessary improvements are
committed in the first three years of the applicable adopted Florida
Department of Transportation Five Year Work Program, or the Lake
County Five Year Transportation Plan; or
(6) The necessary facilities and services are guaranteed in an
enforceable development agreement. An enforceable development
agreement may include, but is not limited to, development
agreements pursuant to Section 163.3220, Florida Statutes, or an
agreement or development order issued pursuant to Chapter 380,
Florida Statutes, or any other development agreement entered into
between the City and a developer. The agreement must guarantee
that the necessary facilities and services will be in place prior to or
concurrent with the impacts of the development.
Concurrenc~Administration
The Department of Planning shall be responsible for the following four
primary tasks associated with administration of this Chapter:
' (1) Creating and maintaining an inventory of existing public facilities,
capacities or deficiencies;
' (2) Determining concurrency of minor development applications;
(3) Providing advisory concurrency assessments and recommending
' conditions of approval to the City Council for major development
applications; and
(4) Annually reporting the status of all public facilities capacities
covered under this Chapter to the City Council, the City Manager
and the public.
Clermont Land Development Code Page 3
Chapter 4 Concurrency '
SECTION 3: ADOPTED LEVEL-OF SERVICE STANDARDS
The adopted level of service standards for those public facilities for which
Concurrency is required shall be as established in the City's Comprehensive
Plan, and as follows:
(A) Roads/Traffic Circulation
(1) Principal Arterials -LOS 'C'. Level-of-Service C represents stable
conditions. However, ability to maneuver and change lanes in mid-
block locations may be more restricted than in LOS B, and longer
queues and/or adverse travel speeds of about 50 percent of the
average free flow speed for the arterial class. Motorists will
experience an appreciable tension while driving.
(2) Minor Arterials -LOS 'D'. Level-of-Service D borders on a range on
which small increases in flow may cause substantial increases in
approach delay and, hence, decreases in arterial speed. This may
be due to adverse signal progression, inappropriate signal timing,
high volumes, or some combination of these. Average travel speeds
are about 40 percent of free flow speed.
(3) Local Collectors - LOS 'C'. As stated above.
(4) The FSUTMS (Florida Standard Urban Transportation Modeling
System) and the standard Florida Department of Transportation
methods for evaluation of LOS and capacity shall be used, subject
to modifications based on travel speed studies.
(B) Sanitary Sewer -77.5 gallons per capita, per day.
(C) Solid Waste -Collection standard of up to 6.63 pounds per capita, per day.
(D) Stormwater Drainage - 10 year 2 Hour Storm Event; (Pre and Post-
development discharge volume design Q 50 year 24 Hour Storm Event;
40C-42, F.A.C. for OFW waters; and, 40C-4 and 40C-40 for closed basins,
where applicable).
(E) Potable Water - 220 gallons per capita, per day.
Page 4 Clermont Land Development Code
Chapter 4 Concurrency
(Fl
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Recreation/ pen S{~ace
FA IL
Parkland/Open Space
Recreation and Open Space Facilities
Picnic Table
BasebalUSoftball Field
Tennis Court
Basketball Court
Volleyball Court
Racquetball Court
Recreational Building
Shooting Range
Golf Course
Equipped Piay Area
Football/Soccer Field
Multi-use Court
Shuffleboard
Multi-sport Playfield
$7'ANDARD .
10 acres per 1,000 persons
20 per 4,000 persons
1 per 2,000 persons
1 per 1,400 persons
1 per 3,600 persons
1 per 6,000 persons
1 per 6,000 persons
1 per 15,000 persons
1 per 50,000 persons
1 per 25,000 persons
1 per 3,000 persons
1 per 7,000 persons
1 per 10,000 persons
1 per 1,000 persons
1 per 5,000 persons
(G) Notwithstanding the foregoing, the prescribed levels-of-service may be
degraded during construction of new facilities, if upon completion of the
new facilities the prescribed level-of-service will be met
SECTION 4: FACILITY SPECIFIC REQUIREMENTS
(A) Roads/Traffic Circulation
(1) Traffic Analysis Required
All new developments which are anticipated to generate five
hundred (500) or more trips during the peak hour of the use shall be
required to submit a traffic analysis which identifies the
development's impact on the City's transportation system. The City
may also require the submission of a traffic analysis for
developments whose site location, anticipated total trip generation,
circulation patterns or other such factors warrant a more extensive
review of traffic impacts. Such an analysis shall include the
following:
Clermont Land Development Code Page 5
Chapter 4 Concurrency
(a) Total projected average daily trip ends for the proposed
development.*
(b) Average projected peak-hour trip ends generated by the
development.*
(c) Design capacity of the accessed road(s).
(d) Analysis of traffic distribution on the road network
including all links impacted by more than ten percent
(10%) of project traffic or five hundred (500) trips per
day, whichever is greater.**
(e) Projected percentage of truck and bus traffic.
(f) Necessary operational improvements to the City's
transportation system in order to maintain the
appropriate level-of-service for the roadway.
(g) Other related information as required by the City.
* The Institute of Traffic Engineers (!TE) Trip Generation Manual
shall be used to calculate these estimates. Adjustments to
these estimates may be made, based on special trip
generation information supplied by the applicant.
** The analysis of traffic distribution shall use the variable radii
approach for traffic analysis, as outlined in this section.
Where appropriate, the study area radii may be expanded to
include a nearby intersection, or otherwise modified to
provide for a more accurate assessment of specific projects,
including Developments of Regional Impact (DRIs).
Page 6 Clermont Land Development Code
Chapter 4 Concurrency
(2) Variable Radii Appro ach for Traffic Analysis
TRAFFIC IMPACT STUDY AREA RADII (MILES)
Average
Trip
Length Over 1000 500-1000 250-499 0-249
Mile nit nit nits nit
Residential 6 - 8 2.0 1.5 1.0 0.5
Hotel/Motel 2 - 3 1.5 1.0 0.5 0.25
Office
Shopping Ctr.
Over 200,000 100,000-
G BA 199.999
5 - 6 1.5 1.0
Over 400,000 200,000-
GBA 93 9.999
1 - 5 1.5 1.0
0-49.999
0.25
duality/Sit Down
Restaurant
Fast Food
Convenience
Store
Drive-In Bank
Day Care Center
Building
Materials
1-1.5
0.5-1.0
0.5-1.0
1.5-2.0
1.5-2.0
3-4
ALL SIZES
0.25
0.25
0.25
0.25
0.25
0.75
Industrial/
Mfg.
Over
1,000,000
GBA
6-8 2
GBA =Gross Building Area
500,000-
1.000.000
1.5
99 9
0.5
100,000- 50,000
199.999 ~~
0.75 0.5
250,000-
499.999
1
0-249.999
0.5
Clermont Land Development Code Page 7
Chapter 4 Concurrency '
(B) Sanitary Sewer '
(1) Generation Standards. The following generation standards shall be
used to estimate the sanitary sewer demand of a proposed
development.
(a) Residential -One hundred eighty-eight (188) gallons per
equivalent residential unit, per day.
(b) Commercial/Institutional/Industrial -Shall be estimated based
upon the City of Clermont Impact Fee Ordinances #271-C in
the form of ERU's by development type. These types of '
developments shall also provide the City with a description
and estimate of wastewater generation created by any special
processes which will be discharged into the City's system.
(C) Solid Waste
(1) Generation Standards. The following standards shall be used to
estimate the volume of solid waste anticipated to be generated by a
proposed development.
(a) Residential -Sixteen (16) lbs. per equivalent residential unit,
per day.
(b) Commercial/Industrial/Institutional -Developers shall be
required to provide the City with a description and estimate of
tonnage of solid waste to be generated.
(2) Hazardous Waste. Commercial, institutional and industrial
developments which are potential hazardous waste generators shall
be responsible for coordinating with Lake County for disposal of
such waste. Written approval must be obtained from the County
and submitted to the City that the hazardous waste to be generated
by the proposed development can be accommodated at the
County's landfill or directed to an alternative licensed disposal
facility.
(D) stormwater Drainage
A stormwater drainage plan based on the stormwater management
requirements of this Code shall be prepared for all developments. Such
plans shall incorporate the level-of-service design storm and shall be
approved as meeting said standard.
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(E) Potable Water
The following use standards shall be used to estimate the potable water
needs of proposed developments.
LAND USE
Residential
Commercial
Institutional
Industrial
USE STANDARD
220 gal./day/per capita
*
*
*
*Shali be estimated based upon City of Clermont Impact Fee Ordinance
#271-C in the form of ERU's by development type.
Additionally, commercial, institutional and industrial developments shall
' provide the City with a description and estimate of water use needs for
any special processes involving potable water.
(F) Recreation and Open Space
(1) Residential Developments. Recreational impacts of proposed
' residential developments shall be based on the anticipated total
number of persons residing in the development, calculated by using
the population figures per dwelling unit as follows:
' UNIT TYPE # UNIT
~-
' Single Family 2.42
' (2) Commercial/Institutional/Industrial Developments. Commercial,
institutional and industrial developments shall not be assessed as
having an impact on recreational facilities. The City may, however,
' require the provision of recreational facilities as part of planned unit
developments and Developments of Regional Impact (DRI).
SECTION 5: CONCURRENCY REVIEW PROCEDURES
The Department of Planning shall be responsible for conducting all Concurrency
reviews as required by this Chapter. Concurrency review shall be initiated upon
receipt of a completed Concurrency review form provided by fhe City,
accompanied by the appropriate fee. The Department of Planning may also
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Clermont Land Development Code Page 9
Chapter 4 Concurrency
conduct Concurrency reviews for developments in the preapplication or
conceptual development plan stage, and issue anon-binding letter of
Concurrency findings. Such requests for Concurrency review shall require the
submission of a review fee.
(A) Aoalication
All development applications subject to Concurrency review as required by
this Chapter shall include a completed concunency review form containing
the following information:
(1) Traffic Impact Study (when required)
(2) Description and estimate of water use needs
(3) Description and estimate of wastewater generation
(4) Description and estimate of solid waste generation
(5) Stormwater drainage calculations
(6) Other information required by the Department of Planning to
conduct a complete and accurate review
Review and approval of a proposed development may be postponed for a
reasonable time period in order for required information to be assembled.
Failure of the applicant to provide adequate information on the anticipated
project impacts in a timely fashion, however, shall constitute sufficient
grounds to deny the project
(B) Project Impact Assessment
(1) Existing Conditions. To conduct its assessment of the anticipated
impacts of a proposed development on public facilities, the City
shall use its Inventory of Public Facilities Capacities as a base for
the establishment of existing conditions.
(2) Impact Assessment Using its own information and that supplied by
the applicant in compliance with Section 5(a) above, the City shall
calculate the anticipated impacts of a proposed development for all
applicable public facilities listed in Section 2(a) of this Chapter. The
impacts of the proposed development shall then be assessed
against the existing conditions established above.
(C) Project Phasing~ming of Improvements
Public facility improvements associated with a phased development may
likewise be phased, provided that all public facility improvements
necessary to accommodate the impacts of the entire development are to
Page 10 Clermont Land Development Code
Chapter 4 Concurrency
be provided and a schedule established for their construction prior to the
issuance of a building permit The schedule of facility improvements shall
ensure that all facility improvements necessary to accommodate the
impacts of the development (or portion thereof) for which a certificate of
occupancy has been applied, shalt be in place prior to the issuance of the
certificate. Under no dreumstances shad the final certificate of ocxupancy
be issued for a project unless ail required facility improvements required
by the development order or development agreement have been
completed
(D) Development Agreements
It is the City's policy to provide the necessary infrastructure to meet
minimum LOS standards in a timely fashion and in accordance with
improvements scheduled in the Capital improvements Element. if the
minimum requirements for concurrency as outlined in Section 2(c)(1-5)
cannot be met, Concurrency may be achieved by guaranteeing necessary
facility improvements in an enforceable development agreement, as
permitted by Section 2(c)(6). Said development agreement may include
guarantees to construct required facility improvements, or to provide funds
equivalent to the cost of providing such facility improvements.
(~ Concurrency Findings
Upon the conclusion of the Concurrency review, the City shall prepare a
written set of findings concerning the proposed development. These
findings shall include, but are not limited to:
(1) The anticipated public facility impacts of the proposed development;
(2) The ability of existing facilities to accommodate the proposed
development at the adopted level of service standards;
(3) Any existing facility deficiencies that will need to be corrected prior
to the completion of the proposed development;
(4) The facilityes) improvement or additions necessary to accommodate
the impact of the proposed development at the adopted level(s) of
service standard(s) and the entity(sj responsible for the design and
installation of all required facility improvements or additions; and
(5) The date such facility(s) improvement or additions will need to be
completed to be concurrent with the impacts on such facility(s)
created by the proposed development.
Clermont Land Development Code Page 11
Chapter 4 Concurrency
SECTION 6: CONCURRENCY RESERVATION
(A) ~paci„ty Encumbrance and Reservation
If the Concurrency findings in Section 5(e) reveal that the capacity of
public facilities Is equal to or greater than that required to maintain the
adopted level-of-service for satd facilities, the Department of Planning
shall reserve, or recommend to City Council the reservation of public
facility capacity necessary for the proposed development. Capacity
encumbrance and reservations shall be made on a first~ome, first-serve
basis, based upon positive finding of a Concurrency evaluation subsequent
to the date of project approval by the Staff Site Review Committee,
Department of Manning or the City Council, as applicable. Capacity shalt
not be reserved except in conjunction with a Concurrency Encumbrance
letter, and shall be valid only for the specific land uses, densities,
intensities and construction and improvement schedules contained in the
development order and any applicable development agreements for the
property. A finding of Concurrency shall allow reservation of public facility
capacity for a period of one (1) to three (3) years, including planned unit
developments and planned commercial developments. However, capacity
reservations for Concurrency shall expire if the underlying development
order or development agreement expires or is revoked. Capacity
Reservation shall be accompanied by a fee as established by Resolution
of the City Council.
A Concurrency evaluation is required for all new development and
redevelopment that has an impact on the Level of Service (LOS} of public
facilities and services. The latest point in the review process in which the
evaluation is required is at application for building permits.
If proposed construction or development plans require a Concurrency
evaluation, a project will be required to obtain a Concurrency
Encumbrance Letter before building plans wilt be accepted. A
Concurrency Encumbrance Letter shall be valid for a period of ninety (90)
days from the date of the letter, referred to as the Encumbrance Period,
and shall expire at the end of the Encumbrance Period unless the
applicant obtains a Capacity Reservation Certificate or is issued a building
permit during the Encumbrance Period.
Applications for Concurrency Evaluation, including capacity verification
which does not guarantee capacity, and Concurrency Encumbrance shall
be accompanied with a fee, which shall be set by Resolution of the City
Council from time to time.
Page 12 Clermont Land Development Code
' Chapter 4 Concurrency
(B) Protect Deferrals/Development Moratoriums
If, at any time, the City's inventory of public facilities capacities indicates
' that a public facility has dropped below its adopted level-of-service, then
the City shall cease to issue development orders for projects which would
impact the deficient facility(s) or area of facility operations, as defined
within this Chapter. Such a suspension or moratorium on the issuance of
development orders shall continue until such time as the adopted LOS
standard Is reestablished or the Comprehensive Pian Is amended to reflect
a lower, acceptable community standard for the faciltty(s) in question.
(C) Concurrency Denials
In the event that the City's Concurrency review reveals that the proposed
development would generate public facility impacts beyond that which can
be absorbed by available capacity, the City shall ensure that there is a
financial or other legally binding commitment to ensure that public
facilities necessary to correct the anticipated deficiency will be in place
' concurrent with the impacts of the proposed development. Should the
City and/or a developer be unable to provide such assurances, the project
shall be denied. Projects denied due to failure to meet requirements, but
for which all other land development requirements have been met, shall be
placed on a prioritized list for approval of development orders once facility
improvement have been made.
' (D) Ca act Reservation for Public Pur ose
The City may reserve capacity for a particular land area or specific land
use, providing such reservation is in accord with a specific development
' or redevelopment strategy identified in the Comprehensive Plan which
serves an overriding public purpose. This would include such community
development objectives as providing affordable housing or diversification
' of the tax base. Any such capacity reservation shall be noted in the
annual report on public facilities and capacities made available to the City
Council and the public each October, as required by Section 7 below.
SECTION 7: STATUS REPORT/REQUIRED CAPITAL FACILITIES
IMPROVEMENTS
' The Department of Planning, the Department Public Works and the City Engineer
shall regularly monitor the cumulative effect of all approved development orders
' and development permits on the capacity of public facilities. Commencing
October, 1992 and on each October hereafter, the Department shall prepare and
present to City Council and the public a report on the Public Facilities Capacities
1
Clermont Land Development Code Page 13
Chapter 4 Concurrency
and Levei-of-Service Inventory for Concurrencv Management. This report shall
include the degree of any facility deficiencies and a summary of the impacts the
deficiency(s) will have on the approval of future development orders. The
Department shall then recommend a schedule of improvements necessary to
prevent a deferral or moratorium on the issuance of development orders.
SECTION @: INTERGOVERNMENTAL COORDINATION
(A) Intergovernmental Communication
The Clty shall regularly transmit to adjacent municipalities and Lake
County, notice of all pending development applications for which
Concurrency assessments are being conducted.
(B) Developments of Multi-Jurisdiction Impact
Developments which would impact a public facility in one or more adjacent
municipalities shall be subject to an intergovernmental review for
Concurrency. This review shall be conducted by designated officials from
the affected municipalities.
(C) Urban Service Area Agreements
Provisions consistent with the purpose and intent of this Chapter shall be
included in ail interlocal agreements executed after the effective date of
this Code to which the City is a party.
Page 14 Clermont Land Development Code
CHAPTER 5
SUBDIVISIONS
' SECTION 1: IN GENERAL
The provisions of this Chapter shall be in addition to the specific requirements of
' Florida Statutes regarding the subdivision of land, and subsequent sale of
subdivided land.
' The intent of this Chapter is to set forth uniform procedures, well-defined
application processes and information requirements that ensure that the
subdivision of land within the City of Clermont is consistent with ail applicable
minimum development standards, that the approval of such subdivisions will be
based upon the provision and availability of adequate public facilities and
services concurrent with the impact of the subdivision's development and that
the subdivision is compatible and coordinated with existing and anticipated
development within the City and the immediate area surrounding the site.
' When an approved plat is recorded by the owner, all streets, rights-of-way,
public lands, easements and other facilities shall be deemed to have been
dedicated to the parties noted on the plat However, nothing herein shall be
' construed as creating an obligation on the part of any governmental agency to
perform any construction or maintenance except where the obligation is
voluntarily assumed.
' SECTION 2: DEFINITIONS
For the purpose of this Chapter, certain words or terms used herein shall be
interpreted as follows:
' Architect - A qualified person registered and currently licensed to practice
architecture in the State of Florida.
Engineer - A registered professional engineer licensed to practice civil
engineering in the State of Florida.
Plan, preliminary -The material which comprises the first 'official" submission of
a subdivision scheme.
Plat, final -The material which comprises the second and the last 'official"
submission.
Clermont Land Development Code Page 1
Chapter 5 Subdivisions ,
Roadway -The portion of the street right-of-way which contains the street '
pavement, curb and gutter, and is used primarily for vehicular movement and
secondarily for storm water drainage. The pavement width is measured from the '
back of the curb.
Subdivision -Any division or redivision of a parcel of land, whether improved or '
unimproved, into two (2) or more lots or parcels of land, each of five (5) acres or
less, or any division of a parcel of land if a new street or the establishment or
dedication of lands for public use is involved. The sale or exchange of small '
parcels of land to or between adjoining property owners where such sale or
exchange does not create additional lots or building sites shall not be
considered a subdivision of land. ^
Subdivision Advisory Committee (SAC.) - A committee consisting of the City
Manager, City Engineer, City Attorney, Director of Public Services, and the
Director of Planning or their representatives.
Subdivision, Class 1- A subdivision requiring no public improvements that
involve dedications or easements, except dedication of easements as required
by the City; and requiring no public improvements except survey (permanent
reference) monuments by these regulations, sidewalks and street trees.
Subdivision, Class 11-Any subdivision which is not a Class I subdivision.
Surveyor - A registered professional land surveyor licensed in the State of
Florida, and engaged by the developer.
Utility company -Any private or public companies engaged in providing a public
service, such as electricity, telephone service, gas, CAN, etc.
SECTION 3: JURISDICTION
(A) Subdivision Plat Required
No real property shall be divided into two (2) or more lots for the purpose of sale
or other transfer of ownership, nor shall development plans be approved or
permits issued, without compliance with the requirements of this Chapter.
SECTION 4: IMPROVEMENTS REQUIRED
Aii subdivisions shall provide improvements required in this Chapter. The
requirements and standards of this Chapter shall be considered as the minimum
required to meet the intent of this Code.
Page 2 Clermont Land Development Code
Chapter 5 Subdivisions
(A) l~om~letion of Improvements Prior to Recording of Plat
A final plat shall not be signed by the Mayor and City Clerk to allow
recording in the public records of Lake County, Florida, until required
improvements have been accepted by the City, or an agreement and
acceptable performance bond have been accepted and executed by the
City and developer.
(B) Adoetion of Standard Construction Details
~ All construction shall comply with the standard construction details as
adopted by resolution of the City Council. Any deviation from the adopted
' standards shall be clearly noted as such in all plans and specifications. If
inadvertent deviations in plans are not so noted, adopted standards shall
apply.
(C) Issuance of Building Permits and Certificates of Occupancy
(1) Development permits and building permits shall not be issued in an
approved subdivision until the plat for that subdivision has been
recorded.
' (2) Certificates of Occupancy shall not be issued in recorded
subdivisions until all public improvements have been accepted by
the City. However, where existing improvements installed as part of
a prior adjacent subdivision provide all necessary improvements for
a lot or lots in a new subdivision, the City may include authorization
' to issue Certificates of Occupancy for such lot(s) in the
development order for the new subdivision.
SECTION 5: PRELIMINARY PLAN -STEP ONE
(A) Procedure
(1) A subdivision plan shall receive its first official consideration as a
'preliminary plan.'
(2) Six (6) copies of the preliminary plans and supplemental material
specified in Section 5(B) below shall be submitted to the
Subdivision Advisory Committee at least fourteen (14) days prior to
the meeting at which it is to be considered. To cover the direct
' administrative costs of reviewing the plan, the developer shall pay to
the City a fee as adopted by resolution of the City Council.
Clermont Land Development Code Page 3
Chapter 5 Subdivisions
(3) The City Manager shall be the agent for receiving these materials
and preparation for reporting to the Subdivision Advisory
Committee.
(4) If the proposed subdivision is to be of substantial magnitude and
the developer plans to construct it in phases, the nature and extent
of such phases shall be clearly delineated; however, the developer
must show the full extent of the development and submit, plans and
data for the entire development, as required by this Section.
(5) At a scheduled public meeting, the Subdivision Advisory Committee
will receive reports on and review the preliminary plan and other
required supplementary materials to determine 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.
(6) The Subdivision Advisory Committee wilt act for preliminary
approval, conditional approval, with conditions noted,
postponement, or disapproval. The City Manager shall notify the
developer of the Subdivision Advisory Committee action in writing.
(a) Preliminary approval means that the developer is now
authorized to proceed with the preparation of the required
improvement plans, outlined in detail under Section 6(B). No
developer shall proceed with any construction or any other
work in or pertaining to the proposed subdivision before
obtaining preliminary approval of these improvements in
writing. Lots shall not be sold nor shall building construction
begin at this time. Preliminary clan and improvement plan
a~aroval grants the developer a maximum time period of
twelve (12) months within which to submit the final plat for
approval unless a time extension is granted by the
Subdivision Advisory Committee. Within this period no
substantial changes shall be made in the approved
preliminary plan.
(b) Conditional approval means the developer may proceed after
written notice from the City Manager, as outlined under
'preliminary approval", but only after he has submitted at least
five (5) copies of the corrected preliminary plan and
improvement plan to the City staff for distribution to the
concerned agencies. The City Manager will notify the
Page 4 Clermont Land Development Code
Chapter 5 Subdivisions
1 (B,
developer in writing when conditions are met. Conditional
approval grants the developer a maximum time period of
twelve (12) months within which to submit the final plat for
approval unless a time extension is granted by the
Subdivision Advisory Committee. Within this period no
substantial changes shall be made in the approved
preliminary. plan.
(c) Postponement means action is delayed for specific reasons
which shall be noted and transmitted in writing to the
developer by the City Manager. Certain specific changes may
have to be made in the plans, but no completely new
resubmission of the plan is required for the developer.
(d) Disapproval means denial of the application for the
subdivision because the submitted plans are not in
compliance with these regulations. For further consideration,
the developer must revise and resubmit development plans as
though they were a completely new preliminary plan.
Plans and Data Required
The preliminary plans shall be at a minimum scale of one hundred (100)
feet to one (1) inch. The required plans shall show the following
information:
' (1) Proposed subdivision name or identifying title preceded by the
words 'Prelimina
Pl
f •
ry
an o
' (2) The section, township and range in which the property is located.
The descri
tion of the bounda
p
ry survey.
(3) The complete name, mailing address and telephone number of the
property owner, the developer, the engineer, surveyor and other
persons directly involved in the proposed subdivision.
' (4) North arrow (with north being at the top of the map, when practical),
date of preparation, and any other pertinent legend data.
' 5 A
(
) summary list containing the total acres, number of lots, minimum
lot area, lineal feet in streets and zoning.
' '
'
(6) A sketch or
key map
at a scale of not more than five hundred (500)
feet to one (1) inch showing the position of the subdivision with
Clermont Land Development Code Page 5
1
Chapter 5 Subdivisions ,
relation to surrounding streets and properties; also showing other ,
important features such as zoning, railroads and corporate limits,
etc. '
(7) Zoning of adjacent land and plat name of the adjacent subdivisions
with plat book and page number, typical lot size, streets and
easements or public dedications of such adjacent subdivision or
subdivisions.
(8) Certified boundary, surveyed by a surveyor, meeting Chapter 61
G17-6, Florida Administrative Code.
(9) Conditions on the tract, including all existing watercourses, drainage
ditches and bodies of water, marshes, floodprone areas including
elevations, surrounding physical features affecting the site, isolated
preservable trees and other significant features.
(10) Existing property lines, buildings, transmission lines, sewers,
bridges, culverts and drain pipes, water mains, City limit lines and
utility easements.
(11) Utilities on or adjacent to the tract.
(12) Drafts of protective covenants whereby the developer proposes to
regulate land use in the subdivision and otherwise protect the
proposed development
(C) Additional Information Necessary for Ciass II Subdivisions
(1) Location, name and width of all proposed streets, alleys, rights-of-
way, easements and purpose of easements; proposed lot lines with
dimensions; lot numbers and block designations.
(2) Typical sections showing street type and width, curb and gutter,
sidewalks, storm drainage and designs of any proposed fences and
entrance structures. Statements concerning stormwater disposition,
method of water supply and waste disposal, all conforming to City
specifications.
(3) Contours on the tract, based on National Geodetic Vertical datum at
not less than one-foot elevation intervals.
Page 6 Clermont Land Development Code
Chapter 5 Subdivisions
(4) Subsurface conditions on the tract, location and results of tests
made to ascertain subsurface soil, rock, geotechnical and
groundwater conditions.
' (5) Proposed public improvements, such as highways or other major
improvements planned by public authorities for future construction
' on or near the tract.
(6) Sites and/or improvements to be dedicated or reserved for public
' ~ use.
(T) Copies of any permits as may be necessary due to the nature of the
project such as but not limited to U.S. Corp. of Engineers, SJRWMD,
State DCA, DER, DNR and others.
' SECTION 6: IMPROVEMENT PLAN -STEP TWO
(A) Procedure
' (1) Class II subdivision plans receive their second official consideration
as improvement plans.' These plans shall be approved by the City
Engineer who shall certify that the plan is in conformance with these
regulations and requirements. Variance from the requirements shall
be permitted only by City Council action. No developer shall
' proceed with any construction work in the proposed subdivision
before obtaining this approval. In subdivisions consisting of less
than six (6) lots, if in the opinion of the City Manager and City
Engineer these requirements would create an unnecessary hardship,
the City may waive improvement plan requirements.
' (2) When improvement plans are submitted to the City Manager, the
developer shall pay to the City a fee in accordance with the adopted
' schedule of fees, to cover direct administrative costs of reviewing
the plan.
' (3) The developer shall have an engineer licensed and registered in the
State of Florida prepare the improvement plans in conformance with
the format, design and improvement standards required by these
' regulations. Utility companies and other concerned public agencies
shall be consulted before the plans are prepared.
' (4) To secure formal action on the improvement plans, the developer
shall file with the City Manager six (6) certified white background
prints of the improvement plans.
Clermont Land Development Code Page 7
i~
Chapter 5 Subdivisions
(5) The City Engineer shall review the proposed improvement plans and
notify the Subdivision Advisory Committee in writing of
recommendation for approval, conditional approval or denial.
(a) Approval means the developer is now authorized to proceed
with the physical improvement in the subdivision, after
securing any required construction permits, and to proceed
with preparation of the final plat.
(b) Conditional approval means the developer may proceed as
outlined in the preceding paragraph, but only after submission
of six (6) certified copies of the corrected improvement plans
to the City Manager.
(c) Denial means disapproval of the improvement plans. For
further consideration, the developer must modify the plans to
conform to the requirements of these regulations, and then
submit the revised plans to the City Manager as though they
were a completely new set of plans.
(6) The developer shall submit a construction and maintenance
agreement and bond assuming responsibility for construction and
maintenance of streets, alleys and other improvements. Should the
developer wish to proceed with the final plat prior to construction, or
proceed with construction prior to final plat, the bond shall be in the
amount of 110°~ of a certified construction estimate prepared by the
Design Engineer and approved by the City Engineer.
Prior to accepting municipal improvements, the City shall require a
maintenance bond guaranteeing the satisfactory performance of
streets, drainage facilities, water and sewer facilities and any other
physical improvements for one (1) year after construction is certified
by the City Engineer as having been completed. Amount of bond
shalt be twenty percent (20°~) of total improvement cost. In lieu of
bond, a cashier's check made in an amount of twenty percent (20°~)
of total improvement cost may be drawn in favor of the City. The
amount will be placed in certificates of deposit with interest paid to
the developer, one (1) year after construction is certified by the City
Engineer as having been completed. The bond with interest, will be
returned to the developer upon the City Engineer certification that
the facilities need no repair and are performing satisfactory.
Page 8 Clermont Land Development Code
Chapter 5 Subdivisions
(B) Plans and Data Required
The plans for the required public improvements shall be prepared for the
approval of the City Engineer and applicable governmental agencies prior
to construction and only after approval of the preliminary plan. Such
improvement plans shall show the proposed locations, sizes, types,
grades and general design features of each facility, and shall be based on
reliable field data by a surveyor or engineer licensed and registered in the
State of Florida.
The improvement construction drawings shall be submitted on white
background prints. The sheet size shall be twenty-four (24) inches by
thirty-six (36) inches unless another size is approved by the City Engineer.
The drawings shall include the following information:
(1) Construction plans -The plan and profile of each proposed street
(indicating the existing ground surface elevation and proposed
street grade surface elevation including extensions for a distance of
one hundred (100) feet to three hundred (300) feet beyond the tract
boundary) as required by the City Engineer. Design shall be in
accordance with good engineering practices.
(2) Street-Typical sections -Atypical section of each proposed street
shall be submitted, in conformance with the adopted standards
showing the width of pavement, curb and gutter, the location and
width of sidewalks, where required, and rights-of-way.
(3) Water supply, sewers and stormwater drainage -The plan and
profile of proposed distribution systems, sanitary sewers and storm
drainage sewers or other drainage ways, with grade and sizes
indicated. stormwater shall be disposed of in a manner agreed
upon by the City Engineer, and applicable governmental agencies.
Water and sewer systems shall be approved by the City Engineer
and the State.
(4) Other public improvements - A plan shall be prepared for parks,
recreation or other public use areas and improvements.
(5) "As built" plans -The designing engineer shall submit to the City
Engineer two (2) sets of white background prints and one mylar of
certified 'record drawing' showing the constructed facilities plans as
located by the surveyor.
Clermont Land Development Code Page 9
Chapter 5 Subdivisions ,
SECTION 7: FINAL PLAT -STEP THREE
(A) Procedure
(1) All subdivision plans shall receive their last official consideration as ,
'a final p1aC. No developer shall sell any lot until after the plat has
been recorded. '
(2) The plat and required supplemental material shall be submitted to
the Subdivision Advisory Committee through the City Manager. The ,
plat shall be accompanied by an application fee in accordance with
the adopted schedule of fees, and two (2) diskettes (in .DXF format
with necessary index for the support files) which provided a '
computer summary on the subdivision plat and actual subdivision
data. Recording of the plat shall be accomplished upon the
completion of requirements of these regulations.
(3) The original plus fifteen (15) copies of the plat and required
supplementary material shall be prepared as specified in Section
7(B) below and shall be submitted within twelve (12) months after
approval of the preliminary plan; otherwise, the plans shall not
receive 'plat' consideration, but may be resubmitted as a new
'preliminary plan' including required fees.
(4) No plat shall be considered for final action by the Subdivision
Advisory Committee until it has been reviewed and certified by the
City Engineer to be in conformance with these regulations. The
Subdivision Advisory Committee will review plat certification and
then act for approval or disapproval.
(5) After the Subdivision Advisory Committee action, the City Manager
shall mark two (2) copies of the pertinent final plat materials in
conformance with the committee's action, keeping one set for the
City's files and making the other available to the developer. The
City Manager shall then notify the developer of the committee's
action. The meaning of the committee's action shall be as follows:
(a) Approval -Subdivision Advisory Committee approval shall be
set as recommendation to the City Council at its next
scheduled meeting.
(b) Disapproval -Means denial of the present final plat as it is not
in compliance with these regulations.
Page 10 Clermont Land Development Code
' Chapter 5 Subdivisions
' (6) No plat shall be considered for action by the City Council until it has
met the requirements of these regulations.
' (7) No building shall be erected on a lot or parcel of land subject to
these regulations nor shall any building or development use permit
a subdivision
be issued therefor unless such lot or parcel is within
for which a plat has been recorded and the required improvements
.
have been installed and approved by the City. Bwldings may be
constructed concurrently with the construction of the subdivision
' improvements required by these regulations if a bond acceptable to
the City has been posted. Such buildings shall not be issued a
' certificate of occupancy until all the required improvements have
been completed and approved by the City.
' (B) Plats and data required
(1) The plat shall be prepared by a Florida registered land surveyor in
' accordance with Florida Statutes Chapter 177 as amended. The plat
will be of the size required by Lake County, drawn to a minimum
scale of one hundred (100) feet to one (1) inch. The survey for the
' plat and interior lots shall meet or exceed minimum technical
standards in accordance with Chapter 61 G17-6, Florida
Administration Code.
1 (2) The final plat shall include the following features:
(a) Space and form for the following necessary acceptances or
approvals: (1) Mayor and attested by the City Clerk of the City
of Clermont; (2) Lake County Clerk of the Circuit Court.
b The lat shall contain on the face thereof an unreserved
() P
' dedication to the public of all streets, highways, alleys, parks,
parkways, easements, commons or other public places
included within the plat, such dedication to be subscribed to
by the legal and equitable owners of such lands and City
Attorney certification as to correctness of dedication and
adequacy of title thereto.
' (3) Protective covenants shall be in an approved form for recording.
' (4) No plat shall be accepted until all taxes and statutory mechanics'
liens levied against the lands Included in such plat have been
joined, paid or satisfied.
i
Clermont Land Development Code Page 11
Chapter 5 Subdivisions
(5) For construction and installation of municipal improvements, the
developer shall provide with the plat, an acceptable payment and
performance bond prior to the acceptance of the plat by the City
Council. The bond shall guarantee that all required work shall be
completed in full accord with the plat and all conditions attached
thereto. If bond is not thus famished, the final approval or
acceptance of the plat shall be automatically void, and the plat shall
not be filed or recorded. Alt required work shalt be completed
within a period of twenty-four (24) months from the date of
acceptance of the final plat,.
SECTION 13: INSPECTIONS
The City Engineer or designated representative thereof shall inspect all work
while under construction. Upon completion of all work under bond, the
developer's engineer shall submit to the City Manager a certificate stating that
the work has been entirely completed, that it was constructed under the
development engineers periodic observation, and that it substantially conforms
in all respects to the plans for required improvements and to the specifications
set by these regulations. Upon receipt of this certificate of completion, the City
Engineer shall make a final inspection of each of the contract operations on the
site. If the work substantially conforms to all plans and specifications, the Ciiy
Engineer shall inform the City Council by letter. The letter shall constitute
authority for release of the contractor's performance and payment bond. If the
project does not conform to the requirements of these regulations, and the plans
and specifications, the City Engineer shall notify the developer in writing so that
corrective measures may be instituted.
Before the performance and payment bond will be released, the developer shall
furnish to the City Manager one mylar copy of record drawings, construction
drawings, along with three (3) white background prints.
SECTION 9: GENERAL DESIGN STANDARDS
The subdividing and developments of any area subject to this Chapter shall be in
conformity with the general goals, objectives, and policies of the adopted
Comprehensive Plan and established specifications of the City of Clermont.
Paving and drainage improvements shall be constructed in all subdivisions, and
shall include the complete clearing and grading of all road rights-of-way, unless
specifically shown otherwise on the approved plans. If required to prevent
erosion or excessive washing of the shoulders, protective measures shall be
taken by the developer as required by the City Engineer. Excavations and
depressions shall be properly backfilled and compacted.
Page 12 Clermont Land Development Code
' Chapter 5 Subdivisions
A properly prepared subgrade and an approved road base and wearing surface
shall be provided for all streets. Each street shall be paved to the minimum
width established in this Code and as indicated per the City's design standards.
' Concrete curb and gutters shall be constructed on all streets and shall be
installed according to the standards established by the City Engineer. On
recommendation of the City Manager and approval by the City Council, roadside
t swales may be constructed according to standards established by the City. The
City shall investigate topography, soil conditions, and any deed restrictions in
' the consideration of this request.
(A) Roadways and Streets
t All subdivisions shall construct a system of roadways and streets to
provide access to proposed lots and facilitate the through traffic needs of
' the project and area. in addition, any unpaved streets which provide
access to the subdivision shall be improved as required in this Section.
' (1) Layout. Streets shall be laid out in consideration of topographic
conditions, existing and previously approved streets, proposed
roads as reflected in the Comprehensive Plan, the traffic needs for
' surrounding land uses, and overall traffic safety. The layout shall
specifically be designed as follows:
' (a) There shall be no private streets or easements for street use
platted in any subdivision.
' (b) Existing streets ending at the project boundary shall be
continued into the project
' (c) Proposed streets shall be designed to provide access to
adjoining unsubdivided tracts at appropriate locations for
t future subdivision.
(d) A minimum of two (2) points of access shall be provided into
' each subdivision of twenty-five (25) lots or more. Where
adjoining existing development or other Code requirements
preclude the development of two (2) public street access
points, an unobstructed driveable accessway may be
' substituted upon approval of the Subdivision Advisory
Committee.
' (e) Street jogs with centerline offset shall be prohibited.
Clermont Land Development Code Page 13
Chapter 5 Subdivisions
(fj Where a subdivision abuts or includes an arterial or major
collector road, streets and blocks shall be designed so that
no lot requires access from the arterial or major collector
road.
(g) All streets that have permanent dead ends shall terminate in a
cui-de-sac. They shall be provided at the closed end with a
circular dedicated area with a diameter of not less than one
hundred twenty (120) feet with eighty (80) foot width paving.
Streets terminated temporarily shall end in a cui-de-sac or as
otherwise approved by the City Engineer.
(h) Cul-de-sac streets shall not exceed twelve hundred (1200) feet
in length, unless necessitated by topographic or
environmental constraints.
(i) Half or partial streets shall be prohibited.
(j) Right-of-way line intersections shall be rounded with a
minimum radius of twenty-five (25) feet. A greater radius may
be required on collector or arterial roads, or where road
construction details require a greater radius be provided.
(k) Curb radii at street intersections shall be a minimum. of
twenty-five (25) feet
(1) Street grades shall be determined in relation to the drainage
installations and natural grades for the subdivision; whenever
feasible street grades shall not exceed eight (8) percent or be
less than forty-hundredths (.40) percent, unless otherwise
approved by the City Engineer. Where grades exceed eight
(8) percent, speed reductions shall be made and properly
signed.
(m) All streets shall be named. No name shall be used which will
duplicate or be confused with existing street names in the City
or County.
(2) Dimensions. Right-of-way widths, pavement widths, minimum
curvature, intersection spacing and other roadway dimensions shall
be as follows (in feet):
Page 14 Clermont Land Development Code
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Chapter 5 Subdivisions
Street Types
Major Minor
Arterial Collector Collector Local
Right of Way Width 100* 80 60** 60**
Min. Pavement Width 48 32 24 24
(including curb)
Min. Centerline Radius 900 600 300 100
(Horizontal) (45 mph) (30 mph) (30 mph)
Minimum/Maximum Grade 0.4°,6/8°~ 0.4°r6/8% 0.4%/10°~ 0.4°6/12%
Minimum Intersection 660 330 250 250
Spacing
Minimum Radius, Back 40 40 35 25
of Curb at Intersection
* Four-lane roads. One hundred twenty (120) feet for six-lane roads.
** Where grades exceed eight (8) percent, speed reductions shall be made
and slower traffic signs shall be properly posted.
(B) General Construction and Design
Basic construction and design requirements for roads shall incorporate
the following listed items. (See adopted City construction standards for
detailed specifications)
(1) Roadway pavement at a minimum shall consist of 1 1/4 inches of
asphalt over a six (6) inch limerock base, over a twelve (12) inch
compacted subbase. Alternative concrete pavements may be
approved pursuant to review and consent of the City Engineer and
Subdivision Advisory Committee.
(2) All roads shall have twenty-four (24) inch wide concrete curbs.
Standard vertical curbs shall be used for enclosed drainage on all
roads including arterials, collector and local streets. Where swale
drainage is approved, alternative curbing may be utilized as
authorized by the City Engineer (See adopted City design
standards).
Clermont Land Development Code Page 15
Chapter 5 Subdivisions
(3) A minimum five (5) foot wide concrete sidewalk shall be constructed
along each side of all streets. Each sidewalk shall be located
within, and in parallel alignment with the street right-of-way. The
back of the sidewalk shall be found contiguous with the right-of-way
and property line boundary. Standard right-of-way grade shall
provide a maximum elevation of three-quarter inch (3/4'~ rise per
one foot (1') run, beginning from the back of curb to the intersection
point at the front of sidewalk. All sidewalks shall have handicapped
access at all intersections (See adopted City design standards).
(4) Bikeways shall be constructed on each side of all arterial or
collector roads, or other locations as designated by directive of the
Comprehensive Plan and subsequent studies required thereto.
Where the bikeways are not incorporated as a part of the physical
road system, concrete bikeways may be utilized as an option when
approved by the Subdivision Advisory Committee.
(5) The remainder of the area within the right-of-way shall be cleared,
graded,'and sodded or seeded and mulched.
(6) Signs for street identification and traffic control shall be installed by
the developer, at the developer's expense.
(C) Lot and Block Layout and Standards
All lots shall be designed to meet the minimum dimensional requirements
of their zoning district or any controlling development agreement, and be
consistent with allowable density, intensity and other development
standards adopted in the City Comprehensive Plan. The following
additional criteria shall be considered in the layout of proposed
subdivisions:
(1) The approveable number of lots in the subdivision shall be
determined based upon the net useable acreage of the property to
be subdivided (i.e. gross acreage minus lands in '100-year" flood
plains, water bodies, and lands located below any defined
jurisdictional wetland area).
(2) Where a subdivision abuts or includes an arterial or major collector
road, streets and blocks shall be designed so that no lot requires
access from the arterial or major collector road. Double frontage
lots are to be avoided; however, where double frontage lots must be
Page 16 Clermont Land Development Code
' Chapter 5 Subdivisions
used to meet this requirement, a sufficient area shall be set aside by
' dedication or easement to provide a landscape buffer or wall with
landscaping pursuant to criteria required in Chapter 13 of this Code.
' (3) Curvilinear street layouts shall be utilized, and regimented lot and.
block patterns are to be avoided.
' (4) Side lot lines shall be substantially at right angles or radial to right-
of-way lines.
' (5) Lots on curves shall be platted to provide the minimum required lot
width at the minimum building setback line, and no lot shall have a
minimum road frontage of less than fifty (50) feet. Double frontage
is undesirable and should be stringently avoided.
' (6) All corner lots shall be fifteen percent (15%) wider than the minimum
width required by this Code to ensure front setback and structure
line-of-site orientation remains consistent along roadways.
(7) Flag lots are prohibited.
' (D) Easements and Miscellaneous Dedications
The following minimum number and size of easements or other
' dedications shall be reflected on the plat drawing. Larger easements may
be specifically required based on the size, depth, or special maintenance
requirements of a facility. All easements or dedications shall be
' graphically depicted unless otherwise noted.
(1) Utilities. A utility easement shall be dedicated to the City wherever
a proposed utility line or other facility is planned or located on or
adjacent to any property not otherwise dedicated to or owned by the
City. Minimum size shall be as follows:
(a) Potable water, sanitary sewer, or reclaimed water lines shall
be covered by an easement across lots, where necessary, or
' centered on rear lot lines and shall be at least fifteen (15) feet
in width (i.e. seven and one-half (7.5) feet on each lot).
'
(b) Sewer lift stations shall be located in a minimum thirty (30)
foot square area located adjacent to a dedicated public road.
Clermont Land Development Code Page 17
Chapter 5 Subdivisions
(2) Drainage Facilities. A drainage easement shall be dedicated where
a proposed subdivision is traversed by any existing or proposed
watercourse, canal, ditch, storm sewer, or other drainage way and
shall be of such width as is necessary to permit proper construction
of drainage facilities based on the drainage system of the area.
Minimum size shall be as follows:
(a) City dedicated water retention areas (WRA's) shall be covered
by an easement extending to a minimum of fifteen (15) feet
beyond the top of bank.
(b) Canals or ditches of over twenty-five (25) feet in width at the
top of bank, or over four (4) feet in depth, shall be covered by
an easement and twenty (20) feet beyond the top of bank on
each side.
(c) Ditches smaller than described in (b) above shall be covered
by an easement extending to ten (10) feet beyond the top of
bank on each side.
(d) Storm sewer lines shall be covered by an easement of no less
than fifteen (15) feet, centered on the centerline of the pipe.
(e) The City may require the dedication of a drainage right-of-way
over major facilities providing area wide drainage.
(3) Standard Lot Easements. All platted lots shall reflect the following
easements dedicated to the City, which shall be conveyed by
standard note prominently displayed on all sheets of the plat:
(a) A seven and one-half (7.5) foot drainage and utility easement
shall be dedicated along ali side and rear property lines.
(b) Where zero-lot line development is proposed, a ten (10) foot
drainage and utility easement shall be dedicated along the
non-zero lot line side of the lot, in lieu of the side property
line easement required in (a) above.
(4) Conservation Easements. A conservation easement shall be
required to be dedicated to the City over certain wetlands, wetland
buffers, or wetland mitigation areas, as required pursuant to any
controlling development agreement.
Page 18 Clermont Land Development Code
Chapter 5 Subdivisions
(~ a avs .
(1) Alleys may be required in commercial and industrial districts.
' (2) The width of an alley shall not be less than thirty (30) feet with a
paving width of twenty (20) feet.
(3) Dead end alleys shall be prohibited.
(~ Parks and Recreation Sites
' It is the intent of these regulations that properly located parks,
playgrounds and recreation facilities be provided in conformance with
mandates of the adopted Comprehensive Plan. The locations of any such
' park and recreation area that may be located within any subdivision shall
be clearly shown, and no plat shall be accepted without these areas
clearly indicated and their location approved by the City Council. VYhere
property abuts a lake, the City may require that dedication of any park or
recreation area include certain lake frontage included in the subdivision.
(G) Stormwater Drainage System
A!I subdivisions shall construct a stormwater drainage system with
appropriate positive outfall based on the requirements of this Chapter and
relevant directives of this Code.
' (1) Storm Sewer Design. All inlets, manholes and catch basins shall be
designed for a ten (10) year reoccurring frequency and atwenty-four
(24) hour duration, and shall be either poured in place or
' constructed of precast reinforced concrete. All storm sewer pipe
shall be reinforced concrete, and a minimum of eighteen (18) inches
in diameter, or equivalent. A structure allowing access for
maintenance shall be required at all changes of grade or alignment.
In addition, structures shall be required at the following maximum
intervals along any storm sewer.
Pipe Size Max. Distance
(Inches) (feet)
18 150
' 24 250
30 300
36 300
42, 48 400
54 or larger 500
Clermont Land Development Code Page 19
Chapter 5 Subdivisions
(2) Stormwater Retention Area Design. Stormwater retention areas shall
have a maximum side slope of three (3) foot of run for every one (1) '
foot of rise (3:1, H:V). All side slopes shall be sodded, however, flat
bottom areas are to remain non-vegetated. Reasonable area for '
maintenance of retention areas and canals and ditches shall be
provided based on its design and ownership.
(3) Bridge and Box Culvert Design. Bridges, box culverts, or other
vehicular crossings of major waterways or drainage facilities, shall
be based on the standards adopted by the Florida Department of '
Transportation, and installed in accordance with the plans and
specifications approved by the City Engineer.
(4) Lot Grading. A lot grading plan shall be completed for all single '
family, duplex, and other subdivision sites that do not require
additional development plan review prior to building construction.
(a) The lot grading plan shall show the estimated floor elevations
of structures, flow patterns for lot drainage, and swales or '
structures necessary to drain all lots to the public drainage
system.
(b) All structures, and any ditches or swales necessary to drain
more than the immediately adjacent properties, shall be
shown for construction as part of the initial subdivision
improvements.
(c) Individual lot grading and minor swales draining only adjacent
lots shall be shown for construction with the attendant
structure(s) as part of the building permit site improvements.
SECTION 10: PUBLIC UTILITY AND OTHER IMPROVEMENTS
Approval of the plat shall be subject to the subdivider having submitted to the
City plans and specifications for all improvements required by the City of
Clermont, these plans and specifications being approved by the City Engineer
prior to commencement of construction and receipt of an acceptable payment
and performance bond. A Florida registered professional engineer shall be
employed to design the required improvements. After required improvements
have been constructed under the engineers supervision, such engineer shall
submit certification to the City that required improvements have been
constructed according to the approved plans and specifications.
Page 20 Clermont Land Development Code
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Chapter 5 Subdivisions
The City Engineer shall inspect a!I construction subject to these regulations. The
City Engineer shall be authorized to call to the attention of the contractor any
failure of work or materials to conform with the plans and specifications, and,
thus failing to secure appropriate results, such attention shall be called to the
developer and the project engineer. The City Engineer shall have the authority
to reject materials or suspend the work when not in conformity with approved
plans and specifications. The City Engineer shall require laboratory tests and
field measurements for:
Subgrade and shoulders: Width, depth, density and limerock bearing ratio
(LBR).
Base: Width, depth, density, crown (LBR).
Surface: Design mix, width, depth, density, extraction and stability.
Concrete: Design mix and compressive strength.
Such tests to be made by a duly licensed testing laboratory at the developer's
expense.
(A) Field Monumentation
The developer shall cause a State of Florida registered surveyor to install
monuments based on the requirements of Chapter 177, Florida Statutes,
and provide other locations and information as follows:
(1) Permanent reference monuments shall be set at each block corner
before the recording of the plat. All lot corners shall be staked with
concrete markers. Property markers shall be set at all points of
curvature change. Markers shall be set prior to plat recording on all
lands dedicated for public use, and prior to deeding or building
construction on all other properties.
(2) Permanent control points shall be set prior to the recording of the
plat, or expiration of bond guaranteeing improvements.
(3) The surveyor shall establish the elevation in feet above N.V.G.D. for
at least two (2) permanent bench marks in the subdivision, and
transmit the data to the City Engineer.
Clermont Land Development Code Page 21
Chapter 5 Subdivisions
(B) $ians and Markers
The developer shall furnish and install street signs and traffic control '
markings and devices as specified by the City. Signs shall be based on
the requirements of the Federal Highway Administration Manual of Uniform
Traffic Control Devices. and standard City specifications. '
(C) Sidewalks
(1) Each sidewalk shall be located within, and in parallel alignment with,
the street right-of--way, except in such instances where it is deemed
advisable by the Subdivision Advisory Committee that the sidewalk
be relocated or realigned due to unusual circumstances existing on
site or in an effort to save rare or unique trees from impacts of
development. Sidewalks shall be constructed five (5} feet wide and
four (4) inches thick, except through driveways where six (6) inches
of material is required. Standard construction shall provide a
minimum of one-quarter inch (1/4'~ to a maximum of one-half inch
(1/2) rise per one foot (1') run, from the front of sidewalk to the rear
of the sidewalk.
(2) Sidewalks including attenuate driveways shall be constructed prior
to issuance of a certificate of occupancy on family dwellings or
other structural improvements on the lot.
(D) Electric and Street Lights
The developer shall be responsible for the installation of electric power
lines, with all lines to be constructed underground unless otherwise
permitted in conformance with this Code.
Street lights shall be in accordance with City specifications and standards.
The developer shall forward approved development plans to the Florida
Power Corporation for street light design which shall customarily conform
to the following:
(1) Street lights shall be generally provided at all intersections, and at
intervals along each street at a distance between three hundred
(300) and four hundred (400) feet.
(2) The developer shall pay the City a sum equal to three (3) years
annual charge for street lights required to serve the subdivision.
Page 22 Clermont Land Development Code
Chapter 5 Subdivisions
The charge shall be based upon a per fixture rate utilizing best
available, current economic data and payment shall be made prior to
acceptance of the final plat
' (E) Street Trees
Street trees shall be provided and planted in accordance with City
i specifications, standards and upon approval of the Director of Public
Services.
' (F) Telephone. Television Cable. and Other Utilities
The developer shall be responsible for the installation of telephone,
television cable, and any other utility lines, with all lines to be constructed
underground unless otherwise permitted upon review and approval of the
' Subdivision Advisory Committee and City Engineer. General criteria shall
be:
' (1) In residential subdivisions, utility service connections to individual
properties for electricity, telephone, gas and television
communication shall be placed underground.
'
(2) In general, all utility lines, water lines and sanitary sewers shall be
located within the street right-of-way, in accordance with City and
State standards.
(G) Storm Drainage
(1) An adequate storm drainage system, includin storm sewers, drain
9
' inlets, manholes, culverts, retention areas, bridges and other
appurtenances, shall be required in all subdivisions, and installed in
accordance with plans and specifications approved by the City
' Engineer.
(2) All natural drainage ways shall be preserved at their natural gradient
and shall not be filled or interfered with in any way except as
approved by the City Engineer.
(3) The comprehensive drainage system shall be designed using
accepted engineering principles for rainstorms of ten year
reoccurrence interval/two-hour intensity, based on standards for the
' central Florida area using U.S. Weather Bureau data; and criteria,
consistent with appropriate directives of the Comprehensive Plan
that address specific and unique physiological features contained
Clermont Land Development Code Page 23
Chapter 5 Subdivisions
within the City. The parameters for additional storm drainage
retention consideration are as follows:
Ten (10) year two (2) Hour Storm Event; (Pre and Post-
development discharge rate design at 50 year 24 hour Storm
Event; 40C-42, F.A.C. for OFW waters; and, 40C-4 and 40C-40
for closed basins, where applicable)
The system shall be designed by a registered professional engineer
in the State of Florida and shall provide for drainage of lots, streets,
roads and other public areas as well as handling the run-off from
adjacent areas that naturally flow into the subject area. Run-off
coefficients shall be based on completed projects.
(4) If the added run-off from the developed area will, in the judgement
of the City Engineer, overtax or overload existing facilities, then the
developer shall include in his plans sufficient work to enlarge the
present facilities to care for the added drainage imposed on the
system. Added run-off shall be stored in the subdivision area.
(5) Where land may be subject to periodic flooding by the overflow from
lakes, canals or streams, a floodplain must be established and
clearly designated on the plat The floodplain area and elevations
shall be established in accordance with the federal HUD floodplain
maps. No construction encroachment shall be permitted within the
area of the floodplain except in accordance with directives of the
adopted Comprehensive Plan.
(6) The following standards shall apply to all drainage projects:
(a) The developer's engineer shall furnish a drainage map to the
City Engineer showing the entire area to be developed and, if
feasible, all the remaining area in the same watershed. Final
disposal of stormwaters shall be shown.
(b) Where the following methods of drainage, using pipe, are
required the following standards apply:
1. Cross-drain pipe.
a. Reinforced concrete (under pavement)
b. asphalt-coated corrugated metal
c. Minimum size eighteen (1 S) inches or equal
d. Cover one foot below base
e. Headwall, inlet or manhole required each end
Page 24 Clermont Land Development Code
Chapter 5 Subdivisions
2. Storm-sewer.
a. Reinforced concrete (under pavement)
b. Asphalt-coated corrugated metal
c. Minimum size fifteen (15) inches or equal
d. Inlet or manhole required at each change of alignment
or grade
3. Side drain pipe.
a. Concrete (under pavement)
b. Plain corrugated metal
c. Plain Aluminum
d. Minimum size fifteen (15) inches or equal
(c} Steel and concrete will be the type materials permitted in the
construction of bridges. The bridges must be designed to
accommodate an H-20 loading and meet current State
specifications.
(d) Curb and gutter will be required and must be the standard
type.
(e) Headwalls shall be constructed of either gravity or cantilever
concrete.
(f) Inlets shall be either precast reinforced concrete or brick.
(g) Manholes may be either precast reinforced concrete or brick.
(7) Ali necessary drainage easements shall be furnished at no expense
to the City of Clermont and meet the requirements of the City
Engineer.
' (6) Filters, screens and other environmental protection measures shall
be provided as required by the St. Johns River Water Management
District and City Engineer.
' (H) Sewer and Water
' (1) City water, sanitary sewer and storm sewer shalt be provided.
(2) Water and sewerage systems shall be designed and constructed in
accordance with the standards and regulations of the City and State;
three (3) copies of 'Record Drawings' and one mylar copy shall be
prepared and furnished the City upon completion of these systems.
Clermont Land Development Code Page 25
1
Chapter 5 Subdivisions '
(3) A looped central water system of six-inch water mains, or larger, '
connected to the City's system shall be provided in all residential or
commercial subdivisions unless approved otherwise by the City
Engineer. The system shall be designed and constructed to satisfy '
the domestic requirements established by the Florida Department of
Environmental Regulation and the fire protection requirements
established by the National Board of Fire Underwriters. Asa
minimum standard, the distribution system shall be capable of
delivering, in addition to domestic requirements at peak demand,
residual pressures of not less than twenty (20) pounds per square ,
inch, fire flows of at least five hundred (500) gallons per minute in
single-family residential subdivisions, and one thousand (1,000)
gallons per minute in commercial, institutional and industrial areas.
Fire hydrants of a type approved by the City Engineer in single-
family residential subdivisions shall be as measured along the
street, spaced no greater than five hundred (500) feet from any part '
of a building, and shall be connected to mains. The location and
installation of fire hydrants shall be determined by the City Engineer.
All water mains shall be approved material. All single service lines '
shall be a minimum of three-quarters inch (3/4'x; all double service
lines shall be a minimum of one inch (1'~. ~
(4) A sanitary sewer system shall be provided in all subdivisions. The
system shall have a minimum of eight-inch (8'~ mains. All sanitary
lift stations, sewer mains and force mains shall be of approved
material and design.
(5) A water reuse system shall be provided in all subdivisions and upon
all properties being developed in conformance with directives of the
adopted Comprehensive Plan. The system shall be installed during
initial placement of other required infrastructure items and prior to
issuance of a certificate of occupancy or use for the specific site or
development. The system shall be designed and constructed in
accordance with plans and specifications approved by the City
Engineer.
(6) Cost of installing water, sanitary sewer and storm sewer facilities
shall be borne by the developer. However, where the developer is
required to install larger lines or facilities than necessary to serve
his development in order to provide for future development, the
difference in costs between installing facilities adequate for the
subdivision and the oversize lines shall be negotiated by the City.
Page 26 Clermont Land Development Code
Chapter 5 Subdivisions
(I) Streets. Curbs and Gutters
(1) All streets and public rights-of-way shall be cleared and graded to
their full width, including side slopes, to the specific grades. If
required to prevent erosion or excessive washing of the shoulders,
protective measures shall be taken by the developer as required by
the City Engineer. Excavations and depressions must be properly
backfilled and compacted.
(2) A properly prepared subbase having a minimum of 44 LBR and an
approved road base of timerock and wearing surface shall be
provided for all streets. Each street shall be paved to the minimum
width established in these regulations as per City design standards.
(3) Concrete curb and gutters shall be constructed on all streets and
shall be installed according to the standards established by the City
Engineer. On recommendation of the City Manager and approval by
the City Council, roadside swales may be constructed according to
standards established by the City Engineer and generally in
conformance with adopted standard details. The City shaft require
investigation of topography, soil conditions, and any deed
restrictions in the consideration of this request.
(J) Interpretation of Plans
The City Engineer shall decide all questions, difficulties and disputes, of
whatever nature, which may arise relative to the interpretation of the plans,
construction, prosecution and fulfillment of the contract
SECTION 11: VARIANCES
In the event a developer can show that strict application of this Chapter deprives
said developer of the reasonable use of the land, and that the developer suffers
a hardship as defined herein, and that granting of a variance to the Chapter will
not adversely affect the essential character of the area, the City Council may
grant a variance.
(A) The developer shall file an application with the City Manager stating
' clearly and definitely the reason for a request of variance.
(B) The council shall determine, at a public hearing, whether a hardship, as
' defined by this Code, exists and whether the proposed variance will not
adversely affect the adjacent property nor will it be detrimental to general
public interest.
Clermont Land Development Code Page 27
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Chapter 5 Subdivisions
SECTION 12: OTHE R REG ULATIONS
(A) Administr ation an d Enfor cement
The City Manager shall administer and enforce this Subdivision Code.
(B) ~oncurrencv Management
The purpose of a concurrency management system is to ensure that all
public facilities are available concurrent with the impacts of development.
Under this system, and according to the 1=lorida State Legislature, no
development order may be issued which will cause a public facility to
operate below its adopted level of service (LOS) standard. However,
development orders may be conditioned such that needed public facility
improvements will be in place concurrent with the impacts of the proposed
development In order to ensure that all public facilities included within
the system are available concurrent with impacts of development,
concurrency will be determined during the final site plan or final
subdivision plan approval process. if a development proposal can not
meet the test for currency, then it may not proceed under any
circumstances and no development orders or permits may be issued.
Likewise, if a development fails to meet a condition of approval once it has
commenced, then no additional development orders, permits, or
Certificates of Occupancy may be issued.
The City Council of the City of Clermont adopted acceptable levels of
service for public facilities including transportation, potable water, sanitary
sewer, parks and recreation, drainage, and solid waste. The approval of
all development orders shall be subject to the availability of adequate
levels of service (LOS) as defined by the level of service standards
contained in the Capital Improvements Element of the adopted
Comprehensive Plan.
All development approvals shall have a time period specified in the
development order or permit in which development must commence. The
time period may involve two or more phases but the timing of each phase
shall be specified in the development order or permit. If necessary, the
development order or permit may prescribe a time schedule for the
initiation of various components of the development process such as land
clearing, filling, foundation pouring, etc.
Page 28 Clermont Land Development Code
Chapter 5 Subdivisions
t Any required Improvements shall also require a time period for
construction and completion. Should development or facilities
improvements fall to begin or be completed in accordance with the
development order or permit, all outstanding approvals of the development
shall expire. Amendments to time schedules shall be permitted but must
' be approved by the body granting the original approval.
All subdivision development approvals shall have the ability to secure
' capacity reservation for a period of one (1) to three (3} years pursuant to
an assessment that facilities are available, or will be made available
concurrent with the impact of the development. A capacity reservation
may become effective after formal approval of the required subdivision
plat, and completion of the currency management process described in
Chapter 4 of this Code.
' Subdivisions that have received Preliminary Plan Approval (Step One) but
not proceeded through the required subdivision improvement plan phase
' (Step Two} or the required plat process in (Step Three), as described in
this Chapter, shall not be considered for capacity reservation. Ali
Preliminary plan and improvement plan approvals, regardless of granted
time extensions indicated in Subsection 3(A)(6), (a) and (b), shall expire
three (3} years from the date of formal approval and shall be required to
resubmit as a new development.
' (C) Other Regulations
The developer shall be responsible for complying with laws, regulations or
ordinances outside of this Code and the City of Clermont. The City of
Clermont shall in no way be responsible for enforcing any other
' ordinances, regulations, covenants or laws that might be more restrictive
than this Code.
(D) Penalties
' Any person who, being the owner or agent of the owner of any land
located within the City of Clermont, thereafter transfers or sells such land,
or any part thereof, by reference to a plat showing a subdivision of such
' land before such plat has been approved by the City Council and recorded
in the office of the Clerk of the Circuit Court of Lake County, Florida, and
any person to whom such transfer of sale is made, shall be guilty of a
' misdemeanor and shall be punished accordingly; and each day that any
structure or land is used in violation of these regulations shalt constitute a
separate offense.
Clermont Land Development Code Page 29
Chapter 5 Subdivisions
(E) Auoendix authorized
There may be attached to any copies of this Chapter used for public
information and guidance an appendix containing all or any of the
following and technical specifications and standards adopted as aforesaid:
Any plans legally adopted by the City, a true copy of the Comprehensive
Plan, a true copy of a master drainage plan, and any other appropriate
appends. However, such appendix shall be understood as not having
been adopted by this reference. Nothing in the appendix shall be
considered to alter or modify anything stated in this Chapter.
Page 30 Clermont Land Development Code
» S/8' OPEN JOINTS PLACED AT EQUAL (20' MAX)
INTERVALS FOR DRNEWAYS OVER 20' WIDE. JOINTS
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AND GUTTER GRADE.
NOTE: DRNEWAYS AND SIDEWALKS THROUGH DRNE~IYAYS SHALL REQUIRE 6` X 6` REINFORCEMENT WIRE.
NOT TO SCALE SECTION ~B~D 1994
CITY OF CLERMONT Planning and Zoning r~cvxE:
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Chapter 5 Subdivisions '
ATTACHMENT 'B' '
Rgquirements for Swale Roadways '
B-1 Lowest portion of swale must be more than 12' above the seasonal high
water table.
B-2 Soil must have a permeability greater than 6.3 inches per hours.
B-3 Slo of swale flow line shall not exceed a one percent (196) gradient. '
Pe
B-4 Soil borings shall be made at 600 feet intervals to a depth of 2 feet below ,
the design Swale flow line. There shall be at least one soil boring on each
street Swale.
B-5 When the swale is to be used as part of a water retention system, the high
water line shall be below the lowest point of the pavement subbase.
B-6 Driveway culverts are prohibited.
B-7 A complete subdivision grading plan shalt be submitted. The grading plan
shall show design Swale flow line elevations at 50 feet intervals to facilitate
setting driveway elevations.
B-8 Cross Sections at 200 feet intervals along each street shall be submitted.
Cross sections shall extend from rear lot tine to rear lot line. At least one
cross section shall be prepared for each street. In cases of extreme
topography, cross sections may be required at closer intervals. Cross
sections shall show existing and finished grades.
B-9 Swales and driveways shall be designed to allow for passage of vehicles
without striking the underside.
B-10 A four (4) foot wide established grass shoulder shall be constructed
between the edge of pavement and swale.
Page 34 Clermont Land Development Code
' CHAPTER 6
CONDITIONAL USE PERMITS
AND
PLANNED UNIT DEVELOPMENTS
' ARTICLE I: CONDITIONAL USE PERMITS
' SECTION 1: IN GENERAL
A Conditional Use (also known as Special Exception Use) as used in connection
' with the provisions of this Code means those uses or combination of uses
which, because of their uniqueness or character, are not specifically identified as
permitted uses and would not be appropriate generally throughout a particular
' zoning district or classification, but which, if regulated as to number, area,
location or relation to the neighborhood, would not adversely affect the public
health, safety, appearance or general welfare. Such uses may be permitted only
' if specific provisions and standards are met as set forth below.
SECTION 2: PROCEDURES AND REQUIREMENTS
(A) A~~lication Procedure
' Any person requesting a Conditional Use Permit shall file an application
and pay a fee as established by resolution of the City Council. The
' application shall be filed in the office of the Director of Planning on or
before the 15th day of the month prior to a scheduled meeting of the
Planning and Zoning Commission. In addition, the applicant shall provide
' the following information:
(1) Proof of ownership or authorization of the owner if represented by
' an agent or contract purchaser and the name, address and
telephone number of the applicant and the owner of the property.
' (2) A complete legal description of property involved, including a
survey.
(3) A conceptual plot plan showing the dimensions and location of the
site including all existing and proposed buildings, signs, driveways,
off-street parking areas, loading and unloading space, proposed
' screening or buffering, highways, watercourses and other
topographic features of the site.
' (4) A description of the proposed operation in sufficient detail to set
forth its nature and extent.
Clermont Land Development Code Page 1
Chapter 6 Conditional Use Permits and Planned Unit Developments ,
(5) Plans or reports describing the method of handling any treffic or
other infrastructure conditions created or impacted by the proposed
use.
(6) Landscape plans in conformance with Chapter 13 of this Code.
(B) Notification of Public Hearing
All Conditional Use Permit requests shall be considered at public
hearings, which shall be noticed as follows:
(1) The City shall send notice of the proposed Conditional Use Permit
to the owners of all adjoining properties to the subject property.
Such notice shall include the date, time and place of the public
hearings before the Planning and Zoning Commission and the City
Council, along with a clear and concise description of the proposed
use. For the purposes of such notification, adjoining properties
shall include those properties within 150 feet of the subject property
even when separated from the subject property by a road, canal,
easement, right-of-way or similar barrier.
(2) Notice of public hearing shall be published in a newspaper of
general circulation within the City at least twice. Once being five (5)
days prior to the Planning Zoning Commission meeting (1st Tuesday
of the month) and the second being five (5) days prior to the City
Council meeting (4th Tuesday of the month).
(C) Jurisdictional Action and Review Criteria
The Planning and Zoning Commission and City Council shall have five (5)
alternatives in determining disposition of an application for a Conditional
Use Permit Jurisdictional performance may provide motion and formal
action for postponement, denial, denial without prejudice, approval, or
approval with conditions.
A motion and action for postponement may be enacted where the
application for hearing is reestablished for a specific time and date certain,
or until such time where essential information may be made available so
as to enable the convening body to make a formal determination on the
proposed application. Other actions shall be formally disposed as set
forth in the following Sections.
Page 2 Clermont Land Development Code
Chapter 6 Conditional Use Permits and Planned Unit Developments
Upon review and formal action on an application for a Conditional Use
Permit the Planning and Zoning Commission may recommend granting
and the City Council may grant by resolution a Conditional Use Permit if it
is found, from the evidence presented at public hearing, that:
(1) The granting of the Conditional Use will not adversely affect the
officially adopted Comprehensive Plan of the City;
(2) Such use will not be detrimental to the health, safety or general
welfare of persons residing or working in the vicinity;
(3) The proposed use will comply with the regulations and conditions
specified in the codes for such use; and
(4) The proposed use may be considered desirable at the particular
location.
In determining whether the application meets the four requirements above,
the City shall as a minimum consider that satisfactory provisions and
arrangements have been made for the following, where applicable:
' (1) Density or Intensity. Character and Type. The density or intensity,
character and type of development shall be in conformance with the
City's Comprehensive Plan, Future Land Use Map, Future Land Use
' District Designation and Zoning District Classification.
(2) Compatibility. The compatibility of the development with terrain and
' surrounding development as to type and size of unit and height
shall be considered. The development shall be so located and
designed to avoid undue noise, odor, traffic or other nuisances and
dangers to abutting property owners.
(3) Transportation. The City transportation system or streets must be of
sufficient width and capacity to serve the demands created by the
development Dedication of rights-of-way, frontage or reverse
frontage roads, and other necessary improvements shall be
considered and addressed.
(4) Utilities. Sanitary sewer, potable water, reuse waters, fire hydrants
and other utilities must be available and have capacity to serve the
development For commercial or industrial development the quality
' of the wastewater must be in conformance with the City's sewer use
ordinances.
i~
Clermont Land Development Code Page 3
Chapter 6 Conditional Use Permits and Planned Unit Developments '
(5) Stormwater. The capability, capacity and location of the City stone '
sewer system for serving the development must be considered, as
well as adequacy of project design to provide on-site retention and
positive outfail of stormwater. '
(6) Site Planning. The development shall be planned and designed to
consider: '
(a) effectiveness of plotting or building layout (street patterns,
required yards, etc.).
(b) Orientation of units (setback, open space).
(c) Avoidance of environmentally sensitive areas (flood plain,
steep slopes, unstable soil, drainage or wetland areas).
(d) Consideration of visual resources (view and aesthetics).
(e) Landscaping, buffering and screening (for privacy and to
screen parking or undesirable features).
(f) Provision of open space areas or private recreation areas.
(g) Off-street parking and loading areas where required, with
particular attention to noise, glare or odor as they may affect
adjoining properties. Adequate off-street parking in
conformance with City codes. Residential construction must
be provided with required off-street parking in all Districts.
(h) Ingress and egress to property and proposed structures
thereon, with particular reference to automobile and
pedestrian safety, traffic flow and control and access in case
of fire. Access to refuse collection areas.
(7) Solid waste. For commercial and industrial development the
capacity to dispose of solid waste, with particular reference to any
hazardous wastes generated.
(D) Conditions and Safeguards
(1) In granting any conditional use, the Planning and Zoning
Commission may recommend and the City Council may prescribe
appropriate conditions and safeguards to protect the public health,
safety or general welfare and to ensure compliance with the
Page 4 Clermont Land Development Code
' Chapter 6 Conditional Use Permits and Planned Unit Developments
requirements of this Chapter and the Code in general. Such
' conditions may include time limits for the initiation and duration of
the conditional use, specific minimum or maximum limits to regular
' Code requirements, or any other conditions reasonably related to
the requirements and criteria of this Chapter.
(2) In recommending the granting or denying of a Conditional Use
Permit, the Planning and Zoning Commission shall make a finding
which shall specify rationale relied upon by said Planning and
Zoning Commission in rendering its decision and in attaching
conditions and safeguards, and shall fully set forth wherein the facts
and circumstances fulfill or fail to fulfill the requirements of this
subsection.
(3) A copy of this report shall be filed with the City Clerk and in the
Office of the City Manager.
(E) Effectiveness of the Conditional Use Permit
(1) The effectiveness of the Conditional Use Permit is expressly
conditional upon, and said Conditional Use Permit shall not become
effective for any reason unless and until the following events have
occurred:
(a) Permittee(s) shall have agreed to each and every condition by
properly executing and signing the Conditional Use Permit
(b) Such Conditional Use Permit executed as indicated shall have
been filed in the office of the City Clerk within ninety (90)
days of its date of grant by City Council. Upon expiration of
this period, the permit shall become null and void and the
permittee(s) must apply for rehearing. In the event the
Conditional Use Permit should expire on a weekend or non-
working holiday, the formal date for execution shall extend to
the next scheduled working day.
(c) In the event of failure of the permittee to fulfill development in
substantial accordance with the plans as submitted to the
Planning and Zoning Commission and the City Council,
comply with the codes of the governmental agencies having
lawful and appropriate jurisdiction thereon, or meet any of the
terms of the Conditional Use Permit the permit may be
revoked after due public hearings before the Planning and
Zoning Commission and the City Council.
Clermont Land Development Code Page 5
Chapter 6 Conditional Use Permits and Planned Unit Developments '
(2) The decision of the City Councll shall be final. Applications which '
have been denied without prejudice may be refiled after a period of
three (3) months. Other applications may not be refiled until after a
period of one (1) year. '
(3) When any Conditional Use Permlt is granted, physical construction,
including items required to meet adopted levels of concurrency, '
must begin within one (1) year from the date of formal grant.
'Physical Construction' shall mean the commencement and
continuous prosecution of construction of required improvements '
ultimately finalized at completion.
ARTICLE II: PLANNED UNIT DEVELOPMENTS
SECTION 1: IN GENERAL
Within zoning districts now existing or which may hereafter be created, it is
intended to permit as a conditional use, on application and on approval of site,
use and building plans, creation of new Planned Unit Developments (PUD) for
flexible comprehensive development purposes where tracts suitable in location
and character for the uses and structures proposed are to be planned and
developed as units. Suitability of such tracts for the plans and development
proposed for the PUD shall be determined by the City Council upon reference to
the Comprehensive Plan, Future Land Use Map, Future Land Use District
Designations, applicable development plans which have been adopted, and the
existing and prospective character of the surrounding development.
The purpose of this provision is to encourage the accomplishment of a more
complete living environment through the application of enlightened and
imaginative approaches to community planning and shelter design. This
alterative should introduce a variety of architectural solutions, provide for the
preservation of natural features and scenic areas, reduce land consumption by
roads, separate vehicular and pedestrian circulation systems, originate
approaches to a meaningful integration of open space networks and recreation
areas within the development, establish neighborhood identity and focus, and
ideally provide for the compatible coexistence of man with the environment. In
view of the substantial public advantages of Planned Unit Developments, it is the
intent of this section to promote and encourage development in this form where
appropriate in location and character to the surrounding development.
For the purposes of this Code a "Planned Unit Development" is defined as:
Page 6 Clermont Land Development Code
Chapter 6 Conditional Use Permits and Planned Unit Developments
' Aland area under unified control for development purposes designed and
planned to be developed as a whole in a single development operation, or by a
series of prescheduled development phases according to an officially approved
Final Master Land Use Plan of development operations, including lands,
buildings, structures and densities or intensities.
SECTION 2: PLANNED UNIT DEVELOPMENT PROVISIONS
(A) General Requirements and Special Regulations
The following general requirements and special regulations shall apply to
all planned unit developments.
' (1) Minimum Area No site shall qualify for a Planned Unit Development
(PUD) unless the development consists of a contiguous area of at
' least Ten (10) acres.
(2) Unified Control All land included for purposes of development
' within a planned unit development shall be owned or under control
of the petitioner for such zoning designation, whether that petitioner
be an individual, partnership or corporation, or group of individuals,
' partnerships or corporations. The petitioner shall present firm
evidence of the unified control of the entire area within the proposed
planned unit development and shall state agreement that, if he
' proceeds with the proposed development, he shall:
(a) Do so in accord with the officially approved Final Master Land
' Use Plan of the development, and such other conditions or
modifications as may be attached to the special regulations.
' (b) Provide agreements, covenants, contracts, deed restrictions,
improvements, or sureties acceptable to the City Council for
' completion of the undertaking in accordance with the formally
approved Final Master Land Use Plan as well as for the
continuing operation and maintenance of such areas,
' functions, facilities, and improvements as are not to be
provided, operated and maintained at general public expense.
(c) Bind all development successors in title to any commitments
made under (a) and (b) preceding.
Clermont Land Development Code Page 7
Chapter 6 Conditional Use Permits and Planned Unit Developments '
(3) Development Approval '
Formal approval of all Planned Unit Developments shall be granted
according to comprehensive and detailed plans satisfactory to the '
City Council. Such approval shall be contingent upon specific
evaluation of project concept, uses, density or intensity, location,
and recreation and open space areas.
Items required for such analysis and approval may include but not
be limited to: '
(a) Plans detailing streets, utilities, lot or building sites,
landscaping and the like for the overall project Site plans, ,
floor plans and elevations for all buildings as intended to be
located, constructed, used as related to each other, and
detailed for other uses and improvements on the land as ,
related to the buildings and structures.
(b) A program for provision, operation and maintenance of such
areas, improvements, facilities and services as will be for
common use by some or all of the occupants of the PUD, but
will not be provided, operated or maintained at general public
expense.
(c) Pertinent research studies, analysis, or calculations that
satisfactorily identify infrastructure impacts and indicate
means for concurrency with warranted improvements.
(B) Authorized Location
(1) A Planned Unit Development may hereafter be established in
existing zoning districts, or over a combined area of several zoning
districts, or such districts as may be determined by the City Council
pursuant to a PUD application, where tracts suitable in location and
character for the uses and structures proposed are to be planned
and developed as a PUD, according to the requirements and
procedures set forth in this article. In considering a PUD among the
criteria to be used shall be the location and nature of the PUD with
respect to intended functions and the pattern of development
existing or proposed in the general plan, or other officially adopted
plans, and to public and private facilities and services, existing or
clearly to be available by the time development reaches the stage
where they will be required.
Page 8 Clermont Land Development Code
Chapter 6 Conditional Use Permits and Planned Unit Developments
(2) The location of the Planned Unit Development shall be designated
on the zoning map by the designation 'PUD' followed by the proper
designation of the existing zoning district or districts.
(C) Review Criteria
In reaching recommendations and decisions on the granting of a Planned
Unit Development, the following standards shall be used:
(1) Location
(a) Relation to ma,~Qr transportation facilities. The criteria to be
considered for location of a PUD are its location with respect
to local streets, collector streets, minor arterials or major
arterials, other transportation facilities including frontage or
reverse frontage roads, or the creation thereof, so as to
provide direct access to such areas thereby minimizing the
creation or generation of traffic along local and collector
streets in residential neighborhoods or other areas outside
the PUD.
(b) Relation to public utilities. facilities and services. The
criterion to be considered in the location of the PUD in
relation to sanitary sewers, potable water lines, stormwater
and surface drainage systems and other utilities, systems and
installations or such information as will allow the
determination as to whether the extension or enlargement of
such systems in manner, form, character, location, degree,
scale or timing may result in higher net public cost or earlier
incursion of public cost than would development in forms
generally permitted under existing zoning for the area. Such
PUD districts shall be so located with respect to necessary
public facilities as to have access to such facilities in the
same degree as would development permitted under existing
zoning, and shalt be so located, designed and scaled that
access for public services is equivalent to, and the net costs
for such services is not greater than, access and net costs for
public services for development as permitted under existing
zoning.
A further criterion is the applicant's agreement to:
(1) Provide adequate and appropriate facilities, utilities or
services approved by the City Council to meet the
Clermont Land Development Code Page 9
1
Chapter 6 Conditional Use Permits and Planned Unit Developments '
needs arising out of the PUD, and assure their
satisfactory continuing operation permanently or until
appropriate public utilities, facilities or services are
available and used, or
(2) Make provisions acceptable to the City Council if
required for off-setting any added net cost or early
commitment of public funds made necessary by such
development. Expenses involved in making such
determinations as may be required in establishing the
foregoing information shall be paid by the applicant.
Final determination of these matters shall be made by
the City Council.
(c) Physical character of the site, relation to surrounding
roe .The site shall be suitable for development in the
manner as approved under the Southern Standard Building
Code and the applicable State, County and City laws.
The natural topography, soils, natural vegetation and surface
water should be preserved and utilized through the careful
location and design of circulation ways, buildings and
structures, parking areas, recreation areas, open space and
drainage facilities.
Buildings and recreation areas should be situated to take full
advantage of natural air flow, sun angle and scenic vistas.
(3) Uses. density, open space. living area per family and other
regulations. Within a Planned Unit Development, any principal and
accessory use, density, intensity, open space, living area per family
and other regulation may be permitted which is already permitted in
the existing zoning district or districts or PUD districts as may be
determined by the City Council pursuant to a PUD application, in
which such Planned Unit Development is located. The arrangement
and location of the permitted principal and accessory uses may not
be subject to the existing zoning regulations, but shall be subject to
the approval of the City Council. Deviations from the permitted
principal and accessory uses, density, intensity, open space, living
area per family and other regulations may be granted upon approval
of the PUD Conditional Use application by the City Council. Criteria
to be considered by the City Council for approval of deviations as
described above may include but are not limited to:
Page 10 Clermont Land Development Code
u
Chapter 6 Conditional Use Permits and Planned Unit Developments
(a) Private renewal and redevelopment that creates a better urban
environment through the assembly of land;
(b) Providing of public useable open space through the provision
of plazas, parks and walkways;
(c) Clearance of obsolete, blighted or undesirable buildings
and/or uses;
(d) Dedication of waterfront protection and enhancement of views
for the public, especially lake front and river front;
(e) Preservation of historical structures and/or areas;
(f) Provision of parks or other landscaping which will enhance
the environment; and
(g) Other public benefits.
' c~)
n
~.~
U
Procedures for securing approval of a Planned Unit Development
(1) Preapplication procedure (recommended)
(a) Before any preliminary work is prepared, the developer should
become familiar with the regulations and requirements for a
Planned Unit Development in order to avoid ponderous
expenditures of time, effort and money, only to find that
unnecessary costly changes are required by the City Council
to make the plans conform to existing requirements.
(b) The 'preappiication conference' is designed to afford the
developer an opportunity to avail himself of the advice and
assistance of the appropriate City officials regarding the
proposed project before formal application. No statement or
representation made prior to the official review shall be
binding on the Planning and Zoning Commission or the Citv
ouncil.
(c) The developer should prepare or have prepared a conceptual
sketch plan showing the boundaries of the property to be
developed, physical information should also be readily
available. The sketch plan need not be any particular scale or
drawn on any special material or meet any other
Clermont Land Development Code Page 11
Chapter 6 Conditional Use Permits and Planned Unit Developments
specifications. However, the drawing should reasonably
represent the property and reasonably indicate the intended
use of same.
(2) A~~lication for PUD. An applicant applying for a PUO shall submit
an application for a Conditional Use Permit in accordance with the
provisions of Article I of this Chapter. The application shall be
accompanied by the following documents and information:
(a) The evidence of unified control of the proposed PUD to
effectuate the proposed plan including a statement of all the
ownership in the tract of land and the proposed development.
(b) A survey of the tract to be developed showing existing
features of the property including, but not limited to, streets,
alleys, easements, utility lines, existing land use, general
topography and physical features.
(c) Site development plans containing:
(1) The title of the project and names of the professional
project planner and the developer.
(2) Scale, date, north arrow.
(3) Location and arrangement of all existing and proposed
structures and buildings.
(4) Proposed traffic circulation pattern within the
development.
(5) Areas to be developed for parking.
(6) The points of ingress and egress.
(7) The relationship of abutting land uses and zoning
districts.
(8) Proposed phases, lots and blocks, if any.
(9) Locations of different uses proposed by dwelling types,
recreational facilities, open space, commercial or
industrial uses, other permitted uses and off-street
parking.
Page 12 Clermont Land Development Code
Chapter 6 Conditional Use Permits and Planned Unit Developments
(10) A statement of anticipated residential density or other
commercial or industrial intensity of uses (when
applicable, the proposed total gross floor area and the
percentages of the development to be occupied by
structures or buildings including square footage and
floor area ratio.)
(11) Lake County PoNution Control Board, St. Johns River
Water Management District or other jurisdictions{
agency approval as to drainage, if applicable.
(12) . Preliminary drawings of existing and proposed struo-
tures and landscaping.
(d) When a Planned Unit Development is to be constructed in
stages, a schedule of development shall be submitted. No
such stage shalt have residential density that exceeds the
proposed density of the entire PUD. When a PUD provides for
common open space at any stage of development, it shall, at
a minimum, bear the same relationship to the total open
space to be provided in the entire development.
(e) When it is deemed necessary:
(1) The Planning and Zoning Commission or the City
Council may require a traffic survey setting out and
analyzing the effect that the PUD will have on the traffic
system adjacent to and in the vicinity of the proposed
PUD.
(2) The City Council may require an economic feasibility
study.
(f) When a PUD includes common open space or recreational
facilities, a statement describing the provisions for the care
and maintenance of such open space or recreational facilities
must be made. Satisfactory provisions shall be made to
assure that non-public areas and facilities for the common use
of occupants of the PUD, but not in individual ownership of
such occupants, shall be maintained in satisfactory manner
without expense to the taxpayers of the City of Clermont
Clermont Land Development Code Page 13
Chapter 6 Conditional Use Permits and Planned Unit Developments
The above may be provided by the incorporation of an
automatic membership home association for the purpose of
continuously holding title to such non-public areas and
facilities, and levying assessments against each individual
owner, whether his property is improved or not, for the
purpose of paying the taxes and maintaining such non-public
areas and facilities, which may include, but not be limited to,
recreational areas, off-street parking areas, walkways, lighting,
and common landscaped areas. Such assessments shall be a
lien superior to a!I others including, but not limited to,
mortgage liens, save and except tax liens. Other methods
may be acceptable, if the same positively provides for the
proper and continuous payment of taxes and maintenance
without expense to the taxpayers of the City of Clermont.- The
instrument incorporating such provisions shall be approved
by the City Attorney as to form and legal sufficiency before
submission to the City Council and shall be, upon approval of
the Conditional Use Permit for a PUD by the City Council,
recorded in the public records of Lake County, Florida.
(g) Copies of any restrictive covenants that are to be recorded
with respect to property included in the PUD.
(3) Action on prelimina~ development plan. After receiving the
application, the Administrative Official (City Manager or his
designated representative) sha{I review the development plan.
During the review, the Administrative Official may request the
applicant to confer on the PUD concerning any suggested changes
in the original proposal, and/or additional information necessary to
make essential findings. !n the course of the conferences, any
agreements or disagreements between the Administrative Official
and the applicant shall be recorded in writing and shalt become part
of the record.
(4) Platting requirements. If it is determined by the City Council that
the lands encompassed by the PUD must be platted or repiatted,
this must be done in accordance with the procedures and
regulations set forth by the Codes and Ordinances of the City of
Clermont.
(5) Administrative official's findings. The Administrative Official shall
either recommend approval of the application as submitted,
approval with modifications, or disapproval of the proposal and shaft
set forth the reasons for the recommendation.
Page 14 Clermont Land Development Code
~I
Chapter 6 Conditional Use Permits and Planned Unit Developments
(6) Planning and Zoning Commission action and findings. The Planning
and Zoning Commission shall within thirty (30) days after receiving
the Administrative Official's report hold a public hearing on the
application. Such public hearing shall consider all aspects of the
Administrative Official's findings, and of the proposed PUD. Within
thirty (30) days after the last public hearing on such plan, the
Planning and Zoning Commission shall prepare and transmit to the
City Council, specific findings of fact together with Its recommenda-
tions. The Planning and Zoning Commission may recommend
approval of the PUD as proposed, approval conditional on stated
modifications, or disapproval.
(7) Action by the Citv Council. The City Council shall within thirty (30)
days after receiving the Planning and Zoning Commission's report
hold a public hearing on the application. Such public hearing shall
consider all aspects of the Planning and Zoning Commission's
findings, and of the proposed PUD. The City Council shall either
grant the application, with or without modifications, or deny such
application. if the Conditional Use Permit is granted, the area of
land involved shall be designated as a Conditional Use Planned Unit
Development by resolution, and such resolution shall include any
condition or restriction that may be imposed by the City Council.
A performance bond (or bonds) may be required by the City Council
to assure that necessary improvements are completed according to
approved development permits and development orders; that no
ecological damage is done to surrounding properties or waters; and
to ensure the restoration of the subject land to a state that would
permit no ecological damage in the event that the project shall fail,
be abandoned or work stopped for any reason for a period of more
than six (6) months, and said bond (or bonds) shall be utilized by
the City Council in the restoration, as nearly as possible, of the land
to a state equivalent to the natural ecological conditions prevailing
at the time of the issuance of the Conditional Use Permit. Said bond
(or bonds) shall terminate at a time after phase or stage completion
or final completion as determined by the City Council. Said bond
(or bonds) may be a surety bond, a cash bond, or an unencumbered
certificate of deposit, bank savings account or government security
assigned to the City of Clermont for the purpose of these
requirements.
(8) Effect of Approval. The Master Land Use Plan as approved together
with the conditions and restrictions imposed shall constitute the
Conditional Use Permit and PUD zoning on the land, and no
Clermont Land Development Code Page 15
Chapter 6 Conditional Use Permits and Planned Unit Developments '
development permit or development order shall be issued except in '
conformity with all provisions of the grant of Conditional Use. The
terms of the grant of Conditional Use shall be binding on the
applicant and any successors in interest during any time period '
specified as a safeguard in the granting of the Conditional Use.
(9) Expiration of time limits on grant of PUD conditional use. If '
development actions required by the grant of conditional use are not
taken within any time limits set in the grant of Conditional Use, the
Planning and Zoning Commission shall review the circumstances '
and recommend to City Council that:
(a) Revised time limits be set, recommendation shall include '
proposals for appropriate action in respect to any legal
instruments involved in the case; or _
(b) That the grant of Conditional Use be canceled.
(10) Development permits. Development (building) permits shall be
obtained for each and every structure erected, and construction and
operation of the proposed use shall comply at all times with the
regulations of this and other governmental agencies. Prior to the
issuance of any development permits, complete building plans shall
be submitted to the City for approval. Said plans shall be in
substantial conformity with plans approved by the Planning and
Zoning Commission and City Council. Separate facilities deemed
possible sources of pollutants shall have received approval from
appropriate Federal, State, County and City departments or agencies
prior to construction.
(E) Changes in Development Plans
Changes in plans approved as part of the grant of Conditional Use may be
permitted upon application by the petitioner or his successors in title or
interest, but only upon a finding that any such change or changes are in
accord with all regulations in effect when change is requested and the
general intent and purpose of the Comprehensive Plan in effect at the time
of the proposed change. Application for approval of such amendment
shall be filed and acted upon in the same manner as herein prescribed for
original application for approval of Planned Unit Development Projects.
Page 16 Clermont Land Development Code
Chapter 6 Conditional Use Permits and Planned Unit Developments
' (~ nfli
After public hearings and upon the findings by the Planning and Zoning
' Commission and the City Council that the grant of a Conditional Use
Planned Unit Development in the particular case serves a greater public
purpose as to design of the particular plan and its relationship to the
' surrounding area, it is intended that where there are conflicts between the
requirements of this Chapter and other provisions of this Code, the
provisions of this Chapter shall apply.
' (G) Fees
' Fees for Planned Unit Development application shall be established by
resolution of .the City Council.
1
D
Clermont Land Development Code Page 17
1
' CHAPTER 7
' ZONING DISTRICT REGULATIONS
' SECTION 1: ESTABLISHMENT OF ZONING DISTRICTS
(A) Establishment of Districts
The incorporated land area of the City, is hereby divided into zones or districts
' as set forth in this Chapter and as shown on the official zoning map of the City
of Clermont, Florida.
' (B) Official Zoning Map
The Official Zoning Map of the City, is hereby adopted and incorporated by
reference, and declared to be a part of this Code. The official zoning map shall
bear the date of its adoption. The boundaries of each district shall be as shown
on the official zoning map and the district symbols as set out in this Code shall
be used to designate each district
(1) Zoning District Boundary Changes. After an amendment has been
approved by the City Council, changes in district boundaries shall
be entered on the official zoning map. An entry shall be made
promptly on the official zoning map stating the date and ordinance
' number of the change.
' (2) Authority as to Current Zoning Status. The official zoning map shall
be the final authority as to the current zoning status of land,
buildings and other structures in the City, and shall supersede and
' replace any and afl previously adopted zoning maps.
(3) Interpretation of District Boundaries. Where uncertainty exists as to
' the boundaries of districts as shown on the official zoning map, the
following rules shall apply:
' (a) Boundaries indicated as approximately following the center
lines of public or private rights-of-way shall be construed to
follow such center lines.
' (b) Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines as they
exist at the time of the establishment of the district boundary.
' (c) Boundaries indicated as approximately following City limits
shall be construed as following City limits as they existed at
the time of the establishment of the district boundary.
Clermont Land Development Code Page 1
1
Chapter 7 Zoning District Regulations
(d) Boundaries indicated as following a shoreline shall be
construed to follow such shoreline, and in the event of change
in the shoreline, shat! be construed as moving with the actual
shore line.
(e) Submerged lands, including waters over such submerged
land, unless specifically zoned otherwise, are to be construed
as being zoned the same as the abutting upland.
(f) Boundaries indicated as parallel to or extensions of features
indicated in items (a) through (e) above, shall be so
construed. Distances not specifically indicated on the official
zoning map shall be determined by the scale of the map.
(g) Where the street or property layout existing on the ground is
at variance with that shown on the official zoning map, or in
other circumstances not covered by items (a) through (f)
above, the Administrative Official shalt interpret the district
boundaries.
(C) Districts
For the purposes of this Chapter, the City of Clermont is divided into ten districts
designated as follows:
UE Urban Estate Low Density Residential District
R-1-A Single Family Low Density Residential District
R-1 Single Family Medium Density Residential District
R-2 Medium Density Residential District
R-3-A Residential/Professional District
R-3 Residential/Professional District
C-1 Light Commercial District
C-2 Genera! Commercial District
CBD Central Business District
M-1 Industrial District
(D) Use
All territory which may hereafter be annexed to the City of Clermont shall be
automatically classified as being within the Urban Estate Residential District until
such classification shall have been changed by an amendment as provided by
law. The City Council may consider a petition for annexation and rezoning
concurrently.
Page 2 Clermont Land Development Code
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1
1
1
1
1
1
1
1
1
Chapter 7 Zoning District Regulations
No land shall hereafter be used or occupied and no building or structure or part
thereof shall be erected, constructed, reconstructed, moved or altered except in
conformity with the regulations herein specified for the district in which it is
located.
*Note: Future buildings, structures and uses to be maintained and operated by
the City of Clermont, indicated as permitted uses within each of the following
districts, may be allowed placement only after formally advertised public hearing.
Clermont Land Development Code Page 3
Chapter 7 Zoning District Regulations
UE URBAN ESTATE RESIDENTIAL DISTRICT
This district is intended for single family structures to be used in such a manner
as to preserve and enhance low density estate neighborhood values and to be
consistent with the Kura! Residential standards of the Comprehensive Plan.
PERMITTED USES
7) SINGLE FAMILY dwelling units having a minimum living area of 1,500
square feet, exclusive of garages, carports and screened areas.
2) BUILDINGS, STRUCTURES or uses maintained or operated by the City of
Clermont
3) HOME OCCUPATIONS as provided In Chapter 16.
4) FlELD CROPS, ORCHARDS AND OTHER HORTICULTURAL USES where no
selling at retail is involved.
5) ACCESSORY USES. Customary accessory buildings and structures
including private garages, non-commercial greenhouses and workshops.
6) BOAT HOUSES AND DOCKS measuring five hundred (500) square feet or
less.
CONDITIONAL USES
1) CHURCHES provided adequate buffer strips between residential uses are
furnished and maintained.
2) PUBLIC OR SEMI-PUBLIC facilities or structures not maintained by the
City of Clermont (i.e. operated by another unit of government.)
3) UTILITY FACILITIES (i.e. electric transformers, gas regulator stations, etc.)
4) BOAT HOUSES AND DOCKS greater than five hundred (500) square feet.
5) PLANNED UNIT DEVELOPMENT per Article I, Chapter 6.
6) CEMETERIES
Page 4 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
' UE URBAN ESTATE RESIDENTIAL DISTRICT (continued)
CONDITIONAL USES (continued)
' 7~ IN CASE OF UNCERTAINTY of the classification of any use, uses may be
permitted which after consideration by the Planning and Zoning
Commission and approval by the City Council, are not more obnoxious to
the district than uses herein provided. Ali Conditional Uses must be
provided per Article I, Chapter 6.
LOT d~ HEIGHT REQUIREMENTS
1) LOT SRE - A minimum usable land area of not less than one (1) acre.
2) LOT WIDTH -One hundred fifty (150) feet measured at the building
' setback line. Seventy-five (75) feet measured along the property line or
lines contiguous to any street or highway.
' 3) IMPERVIOUS SURFACE COVERAGE -Maximum of 40%.
4) HEIGHT -Maximum height of 35 feet. The height limitations of this
Chapter also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the
' height regulations.
' >>
MINIMUM YARD REQUIREMENTS
FRONT YARD -Property adjacent to SR 50 and Hwy 27 shall maintain a 50
foot setback. On all other streets the setback shall be 35 feet.
2) SIDE-YARD - On interior lots 15 feet. On a corner lot the side yard setback
shall be 35 feet on the side adjacent to any public street and 9 feet on the
interior side of the lot.
3) REAR-YARD - 25 feet. The rear building line on lakefront property shall be
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
accordance with policies of the adopted Comprehensive Plan and formal
approval of a site development plan by the Administrative Official.
Clermont Land Development Code
Page 5
Chapter 7 Zoning District Regulations
UE URBAN ESTATE RESIDENTIAL DISTRICT (continued)
MINIMUM YARD REQUIREMENTS icontinued)
4) BUFFER STRIP - When a conditional use abuts a residential use, the
conditional use shall provide a buffer strip along the abutting property line.
S] ALL YARD SETBACKS -For principal buildings shall be a minimum of 25
feet from established high water marks. No construction encroachment
may occur in any designated 100-year flood plain except in accordance
with policies of the adopted Comprehensive Plan and formal approval of a
site development plan by the Administrative Official.
Page 6 Clermont Land Development Code
Chapter 7 Zoning District Regulations
R-1,A URBAN RESIDENI7AL DISTRICT
This district is intended for single family structures to be used in such a manner
as to preserve and enhance low density residential neighborhood values.
PERMITTED USES
1) SINGLE FAMILY dwelling units having a minimum living area of 1,500
square feet exclusive of garages, carports and screened areas.
2) BUILDINGS, STRUCTURES or uses maintained or operated by the City of
Clermont.
3) HOME OCCUPATIONS as provided in Chapter 16.
4) FlELD CROPS, ORCHARDS AND OTHER HORTICULTURAL USES where no
selling at retail is involved.
5) ACCESSORY USES. Customary accessory buildings and structures
including private garages, non-commercial greenhouses and workshops.
6) BOAT HOUSES AND DOCKS measuring five hundred (500) square feet or
less.
CONDITIONAL USES
1) CHURCHES provided adequate buffer strips between residential uses are
provided.
2) PUBLIC OR SEMI-PUBLIC facilities or structures not maintained by the
City of Clermont (i.e. operated by another unit of government)
3) UTILITY FACILITIES ~.e. electric transformers, gas regulators station, etc.)
4) BOAT HOUSES AND DOCKS greater than five hundred (500) square feet
5) PLANNED UNIT DEVELOPMENT per Article II, Chapter 6.
6) CI=INETERIES
Clermont Land Development Code Page 7
Chapter 7 Zoning District Regulations '
R-1,A URBAN RESIDENTIAL DISTRICT (continued) ,
CONDI770NAL USES (continued)
7) IN CASE OF UNCERTAINTY of the classification of any use, uses may be '
permitted which after consideration by the Planning and Zoning
Commission and approval by the City Council, are not more obnoxious to ,
the district than uses herein provided. All Conditional Uses must be
provided per Article I, Chapter 6.
LOT & HEIGHT REQUIREMENTS '
1) LOT SIZE - A minimum usable land area of not less than 10,000 square '
feet.
2) LOT 1MDTH -One hundred (100) feet measured at the building setback
line. Fifty (50) feet measured along the property line or lines contiguous
to any street, road or highway.
3) IMPERVIOUS SURFACE COVERAGE -Maximum 40%
4) HEIGHT -Maximum height of 35 feet. The height limitations of this
Chapter also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the
height regulations.
MINIMUM YARD REQUIREMENTS
1) FRONT YARD -Property adjacent to SR 50 and Hwy 27 shall maintain a 50
ft. setback.The setback on all other streets shall be 35 feet.
2) SIDE YARD - 9 feet. On corner lots the setback shall be 35 feet on any
side adjacent to a public street and 9 feet on the interior side yard.
3) REAR YARD - 25 feet The rear building line on lakefront property shall be
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
acxordance with policies of the adopted Comprehensive Pian and formal
approval of a site development plan by the Administrative Official.
Page 8 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
' R-1-A URBAN RESIDEN77AL DISTRICT (continued)
' MINIMUM YARD REGlUIREMENTS (continued)
4) BUFFER STRIP - When a conditional use abuts a residential use, the
' conditional use shall provide a buffer strip along the abutting property line.
5j ALL YARD SETBACKS -For principal buildings shall be a minimum of 25
' feet from the established high water mark. No construction encroachment
may occur in any designated 100-year flood plain except in accordance
with policies of the adopted Comprehensive Plan and formal approval of a
' site development plan by the Administrative Official.
1
Clermont Land Development Code Page 9
Chapter 7 Zoning District Regulations
R-1 URBAN RESIDENTIAL DISTRICT
This district Is intended for single family structures to be used so as to provide
for a medium density single-family residential usage.
PERMITTED USES
1) SINGLE FAMILY dwelling units having a minimum living area of 1,000
square feet exclusive of garages, carports and screened areas.
2) BUILDINGS, STRUCTURES or uses maintained or operated by the City of
Clermont.
3) HOME OCCUPATIONS as provided in Chapter 16.
4) FlELD CROPS, ORCHARDS AND OTHER HORTICULTURAL USES where no
selling at retail is involved.
5) ACCESSORY USES. Customary accessory buildings and structures
including private garages, non-commercial greenhouses and workshops.
6y BOAT HOUSES AND DOCKS measuring five hundred (500) square feet or
less.
CONDITIONAL USES
1) CHURCHES provided adequate buffer strips between residential uses are
provided.
2) PUBUC OR SEMI-PUBUC facilities or structures not maintained by the
City of Clermont (i.e. operated by another unit of government.)
3) UTILITY FACILi1T1ES r.e. electric transformers, gas regulators station, etc.)
4) BOAT HOUSES AND DOCKS greater than five hundred (500) square feet.
5) PLANNED UNIT DEVELOPMENT per Article 11, Chapter 6.
6) CEMETERIES
- --
Page 10 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
R-1,A URBAN RESIDENTIAL DISTRICT (continued)
' MINIMUM YARD REGIUIREMENTS [continued)
4) BUFFER STRIP - When a conditional use abuts a residential use, the
' conditional use shall provide a buffer strip along the abutting property line.
5) ALL YARD SETBACKS -For principal buildings shall be a minimum of 25
' feet from the established high water mark. No construction encroachment
may occur in any designated 100-year flood plain except in accordance
with policies of the adopted Comprehensive Plan and formal approval of a
' site development plan by the Administrative Official.
1
1
Clermont Land Development Code Page 9
Chapter 7 Zoning District Regulations
R-1 URBAN RESIDENTIAL DISTRICT (continued)
CONDITIONAL USES (continued)
7) IN CASE OF UNCERTAINTY of the classification of any use, uses may be
permitted which, after consideration by the Planning and Zoning
Commission and approval by the City Council, are not more obnoxious to
the district than uses herein provided. All Conditional Uses must be
provided per Article I, Chapter 6.
LOT do HEIGHT REQUIREMENTS
1) LOT SIZE - A minimum usable land area of not less than 7,500 square feet.
2) LOT WIDTH -Seventy-five (75) feet measured at the building setback line.
Fifty (50) feet measured along the property line or lines contiguous to any
street, road or highway.
' 3) IMPERVIOUS SURFACE COVERAGE -Maximum of 4096
4) HEIGHT -Maximum height of 35 feet. The height limitations of this
Chapter also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the
height regulations.
MINIMUM YARD REQUIREMENTS
1) FRONT YARD -Property adjacent to SR 50 and Hwy 27 shall maintain a 50
ft. setback. The setback on all other streets shall be 25 feet.
2) SIDE YARD - 7.5 feet On corner lots the setback shall be 25 feet on any
side adjacent to a public street and 7.5 feet on the interior side yard.
3) REAR YARD - 25 feet. The rear building line on lakefront property shall be
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
accordance with policies of the adopted Comprehensive Plan and formal
approval of a site development plan by the Administrative Official.
Clermont Land Development Code Page 11
Chapter 7 Zoning District Regulations
R-1 URBAN RESIDENTIAL DISTRICT (continued)
MINIMUM YARD REQUIREMENTS (continued)
4) BUFFER STRIP - When a conditional use abuts a residential use, the
conditional use shall provide a buffer strip along the abutting property line
5) ALL YARD SETBACKS -For principal buildings shall be a minimum of 25
feet from the established high water mark. No construction encroachment
may occur in any designated 100-year flood plain except in accordance
with policies of the adopted Comprehensive Plan and formal approval of a
site development plan by the Administrative Official.
Page 12 Clermont Land Development Code
Chapter 7 Zoning District Regulations
R-2111ED1UM DENSITY RESIDENTIAL DISTRICT
This district is intended for medium density single family and two-family
residential use.
A site plan review is required for two-family residential uses where relief on the
site is seven (7) percent or greater and for all multi-family uses.
PERMRTED USES
1) SINGLE FAMILY dwelling units having a minimum living area of 1,000
square feet exclusive of garages, carports and screened areas.
2) TWO-FAMILY dwelling units having a minimum of 700 square feet per
dwelling unit, exclusive of garages, carports and screened areas.
3) BUILDINGS, STRUCTURES or uses maintained or operated by the City of
Clermont.
4) HOME OCCUPATIONS as provided in Chapter 16.
~ BOAT HOUSES AND DOCKS measuring five hundred (500) square feet or
less.
6) FlELD CROPS, ORCHARDS AND OTHER HORTICULTURAL USES where no
selling at retail is involved.
7) ACCESSORY USES. Customary accessory buildings and structures
including private garages, non-commercial greenhouses and workshops.
CONDITIONAL USES
1) TOWNHOUSES AND MULTI-FAMILY development having a minimum floor
t area of 600 square feet per unit exclusive of garages, carports and screen
areas.
' 2) CHURCHES provided adequate buffer strips between residential uses are
provided.
'
3) PUBLIC OR SEMI-PUBLIC facilities or structures not maintained by the
City of Clermont (i.e. operated by another unit of government.)
4) UTILITY FACILITIES (i.e. electric transformers, gas regulators station, etc.)
Clermont Land Development Code Page 13
Chapter 7 Zoning District Regulations '
R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT (continued)
CONDITIONAL USES (continued)
~ BOAT HOUSES AND DOCKS greater than five hundred (500) square feet '
6~ PLANNED UNIT DEVELOPMENT per Article II, Chapter 6.
7) CEMETERIES '
S) IN CASE OF UNCERTAINTY of the classification of any use, uses may be '
permitted which, after consideration by the Planning and Zoning
Commission and approval by the City Council, are not more obnoxious to
the district than uses herein provided. All Conditional Uses must be '
provided per Article 1, Chapter 6.
LOT do HEIGHT REQUIREMENTS
1) LOT SIZE -Single Family: not less than 7,500 square feet. Two-family: not
less than 10,000 square feet. Multi-family 5,000 square feet per dwelling
unit
2) LOT WIDTH -Single family and two-family: Seventy-five (75) feet measured
at the building setback line. Fifty (50) feet measured along the property
line or lines contiguous to any street, road or highway. Multi-family: 100
feet measured at the building setback line and 50 feet measured along the
property lines contiguous to any street, road or highway.
3) IMPERVIOUS SURFACE COVERAGE -Maximum 40°~ except for multi-
family 7096.
4) HEIGHT -Maximum height of 35 feet The height limitations of this
Chapter also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the
height regulations.
Page 14 Clermont Land Development Code
Chapter 7 Zoning District Regulations
R,2 MEDIUM DENSITY RESIDENI7AL DISTRICT (continued)
MINIMUM YARD REQUIREMENTS
LJI
1) FRONT YARD -Property adjacent to SR 50 and Hwy 27 shall maintain a 50
n setback. The setback on all other streets shall be 25 feet.
2) SIDE YARD - 7.5 feet. On corner lots the setback shall be 25 feet on any
side adjacent to a public street and 7.5 feet on the interior side yard.
3) REAR YARD - 25 feet. The rear building line on lakefront property shall be
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
accordance with policies of the adopted Comprehensive Plan and formal
approval of a site development plan by the Administrative Official.
4) BUFFER STRIP - When a conditional use or multi-family use abuts a
residential use, the conditional use or the multi- family use shall provide a
buffer strip along the abutting property line.
5) ALL YARD SETBACKS for principal buildings shall be a minimum of 25 feet
from the established high water mark. No construction encroachment may
occur in any designated 100-year flood plain except in accordance with
policies of the adopted Comprehensive Plan and formal approval of a site
development plan by the Administrative Official.
Clermont Land Development Code Page 15
Chapter 7 Zoning District Regulations
R-3-A RESIDENTIAUPROFESSIONAL DISTRICT
This district is intended for medium density, multiple family and professional
offices that do not conflict with the residential usage and do not generate traffic
of such nature as to require commercial zoning.
A site plan review is required for two-family residential uses where relief on the
site is seven (7) percent or greater and for all multiple-family developments and
professional offices.
PERMRTED USES
1) SINGLE FAMILY dwelling units having a minimum living area of 1,000
square feet exclusive of garages, carports and screened areas.
2) TWO-FAMILY dwelling units having a minimum of 700 square feet per
dwelling unit, exclusive of garages, carports and screened areas.
3) MULTI-FAMILY dwelling units having a minimum floor area of 600 square
feet per unit, exclusive of garages, carports and screened areas.
4) BUILDINGS OR STRUCTURES or uses maintained or operated by the City
of Clermont
5) HOME OCCUPATIONS as provided in Chapter 16.
6) BOAT HOUSES AND DOCKS measuring five hundred (500) square feet or
less.
7) FIELD CROPS, ORCHARDS AND OTHER HORTICULTURAL USES where no
selling at retail is Involved.
8) ACCESSORY USES. Customary accessory buildings and structures
including private garages, non-commercial greenhouses and workshops.
CONDITIONAL USES
1) PROFESSIONAL OFFICES
2) CHURCHES provided adequate buffer strips between residential uses are
provided.
Page 16 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
' R~,A RESIDENTIAI,/PROFESSIONAL DISTRICT (continued)
CONDITIONAL USES (continued)
3) PUBLIC OR SEMI-PUBLIC facilities or structures not maintained by the
City of Clermont (i.e. operated by another unit of government.)
' 4) UTILITY FACILITIES (i.e. electric transformers, gas regulators station, etc.)
' S) BOAT HOUSES AND DOCKS greater than five hundred (500) square feet
6~ PLANNED UNIT DEVELOPMENT per Article I1, Chapter 6.
E
E
T) CEMET
RI
S
' 8) TOWNHOUSES AND MULTIPLE family developments of 12 or more
dwelling units or that are so located and planned so that 12 or more
dwelling units can be placed on the property even though 11 or fewer may
be constructed initially.
9) NURSERY SCHOOL, KINDERGARTENS OR CHILD CARE CENTERS,
' provided the outdoor area is enclosed by a fence at least four (4) feet in
height and all state requirements are met.
' 10) IN CASE OF UNCERTAINTY of the classification of any use, uses may be
permitted which, after consideration by the Planning and Zoning
' Commission and approval by the City Council, are not more obnoxious to
the district than uses herein provided. All Conditional Uses must be
provided per Article 1, Chapter 6.
' Lt~T & HEIGHT REQUIREMENTS
t 1) LOT S~ -SINGLE FAMILY not less than 7,500 square feet. TWO-FAMILY;
not less than 10,000 square feet MULTI-FAMILY 5,000 square feet per
dwelling unit
' 2) LOT WIDTH -SINGLE AND TWO-FAMILY: Seventy-five (75) feet measured
at the building setback line and fifty (50) feet measured along the property
, lines contiguous to any street, road or highway. MULTI-FAMILY: one-
hundred (100) feet measured at the building setback line and fifty (50) feet
measured along the property lines contiguous to any street, road or
' highway.
Clermont Land Development Code Page 17
Chapter 7 Zoning District Regulations
R-3-A RESIDENTIAUPROFESSIONAL DISTRICT (continued)
LOT ~ HEIGHT REQUIREMENTS (continued)
3) IMPERVIOUS SURFACE COVERAGE -Single family and duplex, maximum
4096, multi-family and professional offices a maximum of 70°,6.
4) HEIGHT -Maximum height of 35 feet. The height limitations of this
Chapter also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the
height regulations.
MINIMUM YARD REQUIREMENTS
1) FRONT YARD Property adjacent to SR 50 and Hwy 27 shall maintain a 50
ft. setback. The setback on all other streets shall be 25 feet
2) SIDE YARD - 7.5 feet. On corner lots the setback shall be 25 feet on the
side adjacent to any public street and 7.5 feet on the interior side yard.
3) REAR YARD - 25 feet. The rear building tine on lakefront property shall be
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
accordance with policies of the adopted Comprehensive Plan and formal
approval of a site development plan by the Administrative Official.
4) BUFFER STRIP - When a conditional use or amulti-family use abuts a
residential use, the conditional use or multi-family use, shalt provide a
buffer strip along the abutting property line.
~ ALL YARD SETBACKS for principal buildings shall be a minimum of 25 feet
from the established high water mark. No construction encroachment may
occur in any designated 100-year flood plain except in accordance with
policies of the adopted Comprehensive Plan and formal approval of a site
development plan by the Administrative Official.
Page 18 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
R~ RESIDENTIAI,/PROFESSIONAL DISTRICT
The purpose of this district is to provide medium density townhouse and
multiple-family housing to an urban area where needed, and where urban
conveniences and facilities can be provided, also to provide for those
professional services not in direct conflict with the residential usage and which
' do not generate traffic of such a nature as to require industrial or commerciai
zoning.
A alts plan review is required for two-family residential uses where relief on the
site is seven (7) percent or greater, and ali multiple-family developments and
professional offices.
PERMITTED SES
1) SINGLE FAMILY dwelling units having a minimum living area of 1,000
square feet exclusive of garages, carports and screened areas.
2) TWO-FAMILY dwelling units having a minimum of 700 square feet per
dwelling unit, exclusive of garages, carports and screened areas.
3) MULTI-FAMILY dwelling units having a minimum floor area of 600 square
feet per unit, exclusive of garages, carports and screened areas, with
fewer than 12 units.
4) BUILDING OR STRUCTURES or uses maintained or operated by the City of
Clermont.
5) HOME OCCUPATIONS as provided in Chapter 16.
6) BOAT HOUSES AND DOCKS measuring five hundred (500) square feet or
less.
7) FIELD CROPS, ORCHARDS AND OTHER HORTICULTURAL USES where no
selling at retail is involved.
8) ACCESSORY USES. Customary accessory buildings and structures
including private garages, non-commercial greenhouses and workshops.
CONDITIONAL USES
1) PROFESSIONAL OFFICES
Clermont Land Development Code Page 19
Chapter 7 Zoning District Regulations
R~ RESIDENTIALlPROFESSIONAL DISTRICT (continued)
CONDITIONAL USES (continued)
2) CHURCHES provided adequate buffer strips between residential uses are
provided.
3) PUBLIC OR SEMI-PUBLIC facilities or structures not maintained by the
City of Clermont (i.e. operated by another unit of government.)
4) UTILITY FAClUT1ES (i.e. electric transformers, gas regulators station, etc.)
5) BOAT HOUSES AND DOCKS greater than five hundred (500) square feet.
6~ PLANNED UNIT DEVELOPMENT per Article II, Chapter 6.
7) CE11lETERIES
8) TOWNHOUSE AND MULTIPLE family developments of 12 or more dwelling
units or that are so located and planned so that 12 or more dwelling units
can be placed on the property even though 11 or fewer may be
constructed initially.
9) HOSPITALS, CLINICS AND NURSING HOMES
10) PRNATE SCHOOLS
11) NURSERY SCHOOLS OR KINDERGARTEN, provided the outdoor play area
is enclosed by a fence 4 feet in height and all State Requirements are met.
12) MOBILE HOME PARKS per Chapter 16.
13) BOARDING HOUSES
14) IN CASE OF UNCERTAINTY of the classification of any use, uses may be
permitted which, after consideration by the Planning and Zoning
Commission and approval by the City Council, are not more obnoxious to
the district than uses herein provided. All Conditional Uses must be
provided per Article I, Chapter 6.
LOT do HEIGHT REQUIREMENTS
1) LOT S¢E -SINGLE FAMILY 7,500 square feet. TWO-FAMILY 10,000 square
feet MULTI-FAMILY 3,500 square feet per dwelling unit.
Page 20 Clermont Land Development Code
Chapter 7 Zoning District Regulations
R~ RESIDENTIAUPROFESSIONAL DISTRICT (continued)
LOT ~ HEIGHT REQUIREMENTS (continued)
~ LOT WIDTH -SINGLE AND TWO-FAMILY: Seventy (75) feet measured at
the building setback line and fifty (50) -feet measured along the property
lines contiguous to any street, road or highway. MULTI-FAMILY; 100 feet
measured at the building setback tine and 50 feet measured along the
property lines contiguous to any street, road or highway.
3) IMPERVIOUS SURFACE COVERAGE -Single family and duplex, maximum
4096, multi-family and professional offices a maximum of 70°~6.
4) HEIGHT -Maximum height of 35 feet. The height limitations of this
Chapter also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the
height regulations.
_MINIMUM YARD REQUIREMENTS
' 1 FRONT YARD -Property adjacent to SR 50 and Hwy 27 shall maintain a 50
)
ft setback. The setback on alt other streets shaft be 25 feet.
' 2) SIDE YARD - Single-family and Duplex, 7.5 feet Townhouses and
multi-family dwelling units 15 foot setback. On corner lots the setback for
' all dwelling units shalt be 25 feet on the side adjacent to any public street
and 7.5 feet on the interior side yard for single family and duplexes and
fifteen (15) feet for multi-family.
' 3 REAR YARD - 25 feet The rear buildin line on lakefront property shall be
) g
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
accordance with policies of the adopted Comprehensive Plan and forma{
' approval of a site development plan by the Administrative Official.
4) BUFFER STRIP - When a conditional use abuts a residential use, the
conditional use shall provide a buffer strip along the abutting property line.
' d Pa a 21
Clermont Land Development Coe g
Chapter 7 Zoning District Regulations ,
R~ RESIDENTIAL/PROFESSIONAL DISTRICT (continued) '
MINIMUM YARD REQUIREMENTS (continued)
S) ALL YARD SETBACKS -For principal buildings shall be a minimum of 25
feet from the established high water mark. No construction encroachment
may occur in any designated 100-year flood plain except in accordance
with policies of the adopted Comprehensive Plan and formal approval of a
site development plan by the Administrative Official.
Page 22 Clermont Land Development Code
1
Chapter 7 Zoning District Regulations
C-i UGCHT COMMERCIAL DISTRICT
The purpose of this district is to provide light retail sales and services which
would not be detrimental to adjacent residential districts.
A Site Plan is required and must be approved by the Administrative Official.
PERMRTED USES
1) RETAIL BUSINESS which supply commodities on the premises, such as
but not limited to groceries, baked goods or other foods, drugs, dry
goods, clothing, decorations, hardware, furniture, appliances, sporting
goods, flowers and etc.
2) PERSONAL SERVICE establishments such as but not limited to beauty or
barber shops, tailor or dressmaking shops, shoe repair, music, dancing
and photographic studios and dry cleaners.
3) PROFESSIONAL OFFICES banks, loan companies, insurance and real
estate offices, lodges, clubs and similar businesses.
4) DWEWNG UNITS permitted in the R-3 district provided that they meet the
regulations of the R-3 district.
5) BUILDINGS, STRUCTURES AND USES maintained or operated by the City
of Clermont.
6) FLOOR SPACE No Business establishment may occupy more than 5,000
square feet of floor space. The Floor Area Ratio for any structure shall not
exceed that identified by policies of the adopted Comprehensive Plan.
7) ALL USES must be within a completely enclosed building, except for
outdoor storage, which must be screened from public streets and adjacent
property.
CONDITIONAL USES
1) RETAIL BUSINESS, PERSONAL SERVICE establishments and professional
offices greater than 5,000 square feet.
2) PUBLIC OR SEMI-PUBLIC FACILITIES or structures not maintained or
' operated by the City of Clermont and not listed under permitted uses (i.e.
operated by any other unit of government.
Clermont Land Development Code Page 23
Chapter 7 Zoning District Regulations
C-1 UGHT COMMERCIAL DISTRICT (continued)
CONDITIONAL USES (continued)
3) UTIL.ITIf FACILITIES (i.e. electrical transformers, gas regulators stations,
otc.)
4) HOSPITALS, CLINICS, DOtrTORS OFFlCES AND NURSING HOMES for the
treatment of human ailments, and funeral homes.
5~ NURSERY SCHOOLS, KINDERGARTENS OR CHILD CARE CENTERS,
provided the outdoor play area is enclosed by a fence at least 4 feet high
and all state requirements met.
6~ CHURCHES
17 SCHOOLS AND CEMETERIES
8) MOBILE HOME PARKS per Chapter 16.
9) PLANNED UNIT DEVELOPMENTS per Article II, Chapter 6.
10) CONVENIENCE STORES
11) LAUNDRIES
12) AUTOMOBILE AND TRUCK SERVICES
13) RESTAURANTS
14) IN CASE OF UNCERTAINTY of the classification of any use, uses may be
permitted which, after consideration by the Planning and Zoning
Commission and approval by the City Council, are not more obnoxious to
the district than uses herein provided. All Conditional Uses must be
provided per Article I, Chapter 6.
LOT d~ HEIGHT REQUIREMENTS
1) IMPERVIOUS SURFACE COVERAGE -Maximum coverage 80%.
Page 24 Clermont Land Development Code
Chapter 7 Zoning District Regulations
~1 LIGHT COMMERCIAL DISTRICT (continued)
' L HEIGHT RE UIREME continued
~T is
2) HEIGHT -Maximum height of 35 feet. The height limitations of this
Chapter also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the
height regulations.
MINIMUM YARD REQUIREMENTS
1) FRONT YARD -Property adjacent to SR 50 & US 27 shall maintain a 50 ft.
setback. The setback on all other streets shall be 25 feet
' 2) SIDE YARD -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 on a side yard of 25 feet shall be maintained from any
public street or road right-of-way.
3) REAR YARD - 25 feet The rear building line of lakefront property shall be
' measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
accordance with policies of the adopted Comprehensive Plan and formal
approval of a site development plan by the Administrative Official.
4) BUFFER STRIPS - When a conditional or commercial use abuts a
residential use, the conditional or commercial use shall provide a
landscape buffer strip along the abutting property line.
' S) ALL YARD -Setbacks for principal buildings shall be a minimum of 25 feet
from established high water marks. No construction encroachment may
occur in any designated 100-year flood plain except in accordance with
' policies of the adopted Comprehensive Plan and formal approval of a site
development plan by the Administrative Official.
Clermont Land Development Code Page 25
1
Chapter 7 Zoning District Regulations '
C-~ GENERAL COMMERCIAL BUSINESS DISTRICT ^
This district is intended for full-scale retail sales and service needs of the
community.
A Site Pian is required and must be approved by the Administrative Official.
1) RETAIL BUSINESS any retail business or service, including the sale of
.goods and services for resale, as long as it is incidental to and in
conjunction with a retail business.
2) PERSONAL SERVICE establishments such as but not limited to beauty or
barber shops, tailor or dressmaking shops, shoe repair, music, dancing
and photographic studios and dry cleaning establishments.
3) PROFESSIONAL OFFICES banks, loan companies, insurance and real
estate offices, lodges, clubs and similar businesses.
4) AUTOMOTIVE SERVICES including gas stations, auto sales, car washes,
bus terminals, trailer sales and agricultural equipment sales.
5) RECREATION FACILITIES theaters, including drive-ins, bowling alleys,
skating rinks, billiard halls, miniature golf courses, driving ranges and
tourist attractions.
6) RESTAURANTS, including drive-ins, bars, and related services.
~ BUILDINGS, STRUCTURES OR USES maintained or operated by the City of
Clermont.
8) ALL USES must be conducted within a completely enclosed building,
except for outdoor storage, which must be screened from a public street
and adjacent property.
CONDITIONAL USES
1) MANUFACTURING, provided such manufacturing employs not more than 5
persons and is incidental, complementary to and in conjunction with a
retail business or service.
Page 26 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
C 2 GENERAL COMMERCIAL BUSINESS DISTRICT (continued)
NDITI NAL E ntin
2) RESIDENTIAL STORAGE WAREHOUSES; where storage facility uses are
exclusively for storing excess personal property generally stored in
' residential accessory buildings. This shall not include the storage of
or commercial products
turin
f
.
g
ac
manu
' 3) SHOPPING CENTERS Any group of 5 or more businesses with shared
ment exceeds 5
velo
f th
d
l l
d
p
e
e
area o
an
parking ~r in which the tota
acres.
' 4) AGRICULTURAL SERVICE OPERATIONS
' S) PUBLIC OR SEM!-PUBLIC FACILITIES OR STRUCTURES NOT operated by
the City of Clermont and not listed as a permitted use.
' 6) UTILITY FACILITIES (i.e. electric transformers, gas regulator station, etc.)
T) CONVENIENCE STORES
'
8) LAUNDRIES
' 9) HOTELS, MOTELS AND RECREATIONAL VEHICLES PARKS
10) HOSPITALS, CUNlCS, NURSING HOMES AND DOCTORS OFFlCES
' 11) AUTOMOBILE AND TRUCK REPAIR GARAGE, PAINTING, WELDING AND
BODY SHOPS
12 DWEIllNG UNRS, rovided that the requirements of the R-3 zone are met.
P
Mobile Home Parks per Chapter 16. Planned Unit Developments per
' Article ll, Chapter 6.
13) NURSERY SCHOOLS, KINDERGARTENS OR CHILD CARE CENTERS,
' provided the outdoor play area is enclosed by a fence at least 4 feet high
and all state requirements met.
' 14) KENNELS OR VETERINARY CLINICS provided that all animal services and
confinement areas, including runs, are in air conditioned and sound
attenuated buildings.
1~ CHURCHES, SCHOOLS, FUNERAL HOMES AND CEMETERIES
Clermont Land Development Code Page 27
1
Chapter 7 Zoning District Regulations
C 2 GENERAL COMMERCIAL BUSINESS DISTRICT (continued)
CONDITIONAL USES (continued),
16~ IN CASE OF UNCERTAINTY of the classification of any public use, uses
may be permitted which, after consideration by the Planning and Zoning
Commission and approval of City Council, are not more obnoxious to the
district than the uses herein provided.
17~ ALL CONDITIONAL USES must be provided per Article I, Chapter 6.
LOT AND HEIGHT REQUIREMENTS
1) IMPERVIOUS SURFACE COVERAGE - Maximum of 80 %
2) HEIGHT -Maximum height of 35 feet. The height limitations of this Chapter
also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the height regulations.
MINIMUM YARD REQUIREMENTS
1) FRONT YARD -Property adjacent to SR 50 & US 27 shall maintain a 50 ft.
setback. The setback on all other streets shall be 25 feet.
2) SIDE YARD - 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 of 25 feet shall be maintained from any street
or road rights-of-way.
3) REAR YARD - 25 feet The rear building line of lakefront property shall be
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
accordance with policies of the adopted Comprehensive Plan and formal
approval of a site development plan by the Administrative Official.
4) BUFFER STRIPS - When a conditional or commercial use abuts a residential
use, the conditional or commercial use shall provide a landscape buffer strip
along the abutting property line.
Page 28 Clermont Land Development Code
Chapter 7 Zoning District Regulations
C,2 GENERAL COMMERCIAL BUSINESS DISTRICT {continued)
MINIMUM YARD REQUIREMENTS (oontinuedl
5~ ALL YARD setbacks for principal buildings shag be a minimum of 25 feet from
established high water marks. No construction encroachment may occur in
any designated 100-year flood plain except in accordance with policies of the
adopted Comprehensive Plan and formal approval of a site development plan
by the Administrative Official.
Clermont Land Development Code Page 29
Chapter 7 Zoning District Regulations
CBD CENTRAL 6USINESS DISTRICT
The intent of this district Is to enhance the harmonious mixture of residential,
commercial, professional, institutional and governmental enterprises in the Central
Business District while providing a unique and enjoyable shopping and activity
center for the City. Lot and building regulations are intended to allow intensive
development and encourage uses requiring a central location.
A site plan is required and must be approved by the Administrative Official.
PERMITTED USES
1) RETAIL BUSINESS which supply commodities on the premises, such as but
not limited to groceries, baked goods or other foods, drugs, dry goods,
clothing, decorations, hardware, furniture, appliances, sporting goods,
flowers and etc.
2) PERSONAL SERVICE establishments such as but not limited to beauty or
barber shops, tailor or dressmaking shops, shoe repair, music, dancing and
photographic studios and dry cleaners.
3) PROFESSIONAL OFFICES, banks and loan companies (excluding drive
through facilities except with a Conditional Use Permit), insurance and real
estate offices, lodges, clubs and similar businesses.
4) DWEWNG UNITS, single family and two-family permitted in the R-2 District
and other residential as permitted in the R-3 District provided that lot size and
coverage regulations of the respective district can be accommodated and tot
width of this district are met.
5) BUILDINGS, STRUCTURES AND USES maintained or operated by the City of
Clermont.
NOTE: Any Business establishment or structure proposing to occupy 3,000
square feet of total floor space or more shat! require application for a
Conditional Use Permit
All uses must be within a completely enclosed building, except for outdoor
storage, which must receive site plan approval and be screened from public
streets and adjacent property.
Page 30 Clermont Land Development Code
Chapter 7 Zoning District Regulations
CBD CENTRAL BUSINESS DISTRICT (continued)
CQNDI770NAL USES
1) RETAIL BUSINESS, PERSONAL SERVICE establishments end professions{
offices occupying 3,000 square feet of total floor area or more.
2) PUBLIC OR SEMI-PUBLIC FACILITIES or structures not maintained or
operated by the City of Clermont and not listed under permitted uses (i.e.
operated by any other governmental unit.)
3) UTILITY FACILITIES (i.e. electrical transformers, gas regulator stations, etc.)
4) HOSPITALS, CLINICS, ADULT CONGREGATE LIVING FACILITIES AND
NURSING HOMES that provide treatment of human ailments or personal care
operations.
~ NURSERY SCHOOLS, KINDERGARTENS OR CHILD CARE CENTERS,
provided the outdoor play area is enclosed by a fence at least 4 feet high and
all state requirements met.
7~ PUBLIC, VOCATIONAL, AND PROFESSIONAL SCHOOLS
8) FUNERAL HOMES
9) CONVENIENCE STORES
10) LAUNDRIES
11) AUTOMOTIVE SERVICE STATIONS provided on-site parking requirements are
met.
12) RESTAURANTS AND LOUNGES
13) BED AND BREAKFAST
14) THEATERS, CINEMAS AND AUDITORIUMS
15) CHURCHES
16) PLANNED UNIT DEVELOPMENTS
Clermont Land Development Code Page 31
Chapter 7 Zoning District Regulations '
CBD CENTRAL. BUSINESS DISTRICT (continued) ,
CONDITIONAL USES (continued)
17) IN CASE OF UNCERTAINTY of the classification of any use, uses may be '
permitted which, after consideration by the Planning and Zoning Commission
and approval by the City Council, are not more obnoxious to the district than ,
uses herein provided. All Conditional Uses must be provided per Chapter 6
of this Code.
LOT AND HEIGHT REQUIREMENTS ,
1) IMPERVIOUS SURFACE COVERAGE and FLOOR AREA RATIO -Maximum of ,
10096 provided requirements for stormwater retention may be satisfied.
2) STORMWATER ABATEMENT REQUIREMENTS - Except as otherwise provided '
in this section, each structure and land use located within the designated
Central Business District (CBD) shalt provide or be provided with a
stormwater abatement system in conformance with Level of Service (LOS) '
standards as provided in the adopted City Comprehensive Plan. In lieu of
providing ail of the required Stormwater Abatement System, development
within the Central Business District (CBD), may substitute provisions of such '
a system by payment of a one (1) time Stormwater Abatement fee as set forth
by resolution of the City Council. Such fee shall be payable in full to the City
prior to the issuance of any development permit for the site. An approved
site plan, data and calculations shall be provided which shall indicate the
entire volume of stormwater that is required to be retained, and shaft indicate '
the volume of stormwater that will be exchanged for the Central Business
District Stormwater Abatement Fee.
Reservation of Stormwater retention area capacity shall be considered
effective for a period of one (1) year from the date of receipt of the
Stormwater Abatement Fee. One (1) extension not to exceed one hundred
eighty (180) days may be granted upon written approval of the Administrative
Official. Such approval shall be based upon a finding of fact that
'substantial' construction of project has commenced, and a Certificate of
Occupancy can be reasonably expected to occur within the one hundred
eighty (180) day extension period.
Required Stormwater Abatement Systems shall be located on the same parcel
as the use they are intended to serve, except those exchanged for the Central
Business District Stormwater Abatement Fee. A stormwater abatement plan,
including data and calculations signed and sealed by a professional engineer
Page 32 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
CBD CENTRAL BUSINESS DISTRICT (continued)
' EIGHT E IREME ntinued
LOT AND H R DU NTS (Co )
' licensed in the State of Florida, shall be provided with ail applications for
individual development approval. All stormwater abatement systems shall be
designed and constructed in accordance with the City's adopted engineering
standards and criteria established in Chapter 10, Article II of this code.
' 3) HEIGHT -Maximum height 35 feet. The height limitations of this DIstrict shall
also apply to church spires, belfries, cupolas and domes 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 aerial units unless otherwise approved
by the City Council through the Conditional Use procedure. Facilities owned
' by the Clty of Clermont are exempt from the height regulations.
4) WIDTH -The minimum lot width for asingle-family dwelling unit and other
' residential uses shall be one hundred (100) feet located on a publidy
maintained street.
' MINIMUM YARD REGIUIREMENTS
1) FRONT YARD -The minimum front yard setback for single-family and two-
' family dwelling units on all streets shall be 25 feet. The minimum front yard
setback for other residential uses and nonresidential uses shall be zero (0)
feet.
2) SIDE YAAD -The minimum side and setback for sin le-famil and two-famil
Y 9 Y Y
dwelling units shall be 7 1/2 feet, except on corner lots where 25 feet shall
' be required on all sides adjacent to any road rights-of-way. The minimum
side yard for other residential uses and nonresidential uses shall be zero (0)
feet
r
3) REAR YARD -The minimum rear yard setback for single-family and two-family
' dwelling units shall be 25 feet. The minimum rear yard setback for other
residential uses and nonresidential uses shall be zero (0) feet.
NOTE: The building line for any lakefront property shall be measured from
' the established one hundred (100) year flood plain elevation as determined
from National Flood Insurance Rate Maps (FIRM) of the Federal Emergency
' Management Agency (FEMA).
Clermont Land Development Code Page 33
Chapter 7 Zoning District Regulations
CBD CENTRAL BUSINESS DISTRICT (continued)
MINIMUM YARD REQUIREMENTS (continued)
Properties located within the Central Business District (CBD) may have roof
projections (EAVES) extending over public right-of-way. However, such roof
projections shall not be less than eight (S) feet above ground level or finished
first floor elevation which ever is greater, and shalt not extend more than
eight (8) feet over the public right-of-way, or two (2) feet from the back of
curb, whichever is less. Nothing in this sub-section shall be construed to
allow roof projections over public streets, alleys or parking areas which
would inhibit or impair the free flow of traffic.
OFF STREET PARKING REQUIREMENTS
Except as otherwise provided in this Section, each principal use located within the
designated Central Business District (CBD) shall provide or be provided with the
indicated number of off-street parking spaces according to the following schedule.
In lieu of providing aii of the off-street parking spaces required by this Section,
development within the Central Business District may substitute provision of those
off-street parking spaces by payment of a one (1) time Parking Space Exchange Fee
as set forth by resolution of the City Council. Such fee shall be payable in full to
the City prior to the issuance of any development permit for the site. An r ve
site plan shall be provided which shall note the entire number of parking spaces
required, and shall indicate the number of required spaces that will be exchanged
for the Central Business District Parking Fee. Those uses which base required
parking allocation on seating capacity, numbers of beds, numbers of employees and
numbers of staff members shall submit specific data and calculations at the time
of application for Conditional Use Permit approval.
Required off-street parking spaces shall be located on the same parcel as the use
they are intended to serve, except those exchanged for the Central Business District
Parking Fee. A parking plan shall be provided with aii applications for individual
development approval which shall clearly and accurately designate the required
parking spaces, required landscape areas and planter islands, access aisles and
driveways and the relationship of the parking to the uses and structures the spaces
are intended to serve. All off-street parking facilities shall be designed and
constructed in accordance with the City's adopted engineering standards.
7) RETAIL BUSINESS, PERSONAL SERVICE AND OFFICE establishments. One
parking space for each 200 square feet of floor space.
Page 34 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
CBD CENTRAL BUSINESS DISTRICT (continued)
EET PARKING RE UIREME Continu
!FF STR
2) HOSPITALS, CLINICS, ADULT CONGREGATE LIVING FACILI77ES AND
NURSING HOMES. One parking space for each 4 beds, Qlus one space for
each 4 employees, including staff members and nurses.
3) NURSERY SCHOOLS, KINDERGARTENS OR CHID) CARE CENTERS,
' PUBLIC, VOCATIONAL AND PROFESSIONAL SCHOOLS. One parking space
for each 300 square feet of classroom space, plus one space for each staff
member, plus one space for each 4 employees.
' 4) CHURCHES AND FUNERAL HOMES. One parking space for each 4 seats in
the sanctuary or assembly room.
S) RESTAURANTS AND LOUNGES. One parking space for each 50 square feet
of floor area devoted to patron use, plus one space for each 4 employees.
' 6y LODGES AND CLUBS. One parking space for each 50 square feet of floor
area.
7) THEATERS, CINEMAS AND AUD[TORIUMS. One parking space for each 4
seats in the assembly room.
' 8) BED AND BRFJIKFAST. One and one-half parking spaces for each
accommodation.
9 AUTOMOTIVE SERVICES. Four parking spaces for each bay, grease rack or
)
similar facility, Pius one space for each employee.
10 ALL DWEWNG UNRS. Two Arkin s aces er dweilin unit
P 9 P P 9
' iG) PLANNED UNIT DEVELOPMENTS. Parking space requirements for Planned
Unit Developments shall be based upon the aggregate sum of all proposed
' uses.
LANDSCAPE BUFFER AND TREE REQUIREMENTS
Except as otherwise provided in this Section landscaping criteria required for all
development shall be as stated in Chapter 13 of this Code. The overall intent is to
provide for required landscape, buffer, and tree protection in certain developments,
redevelopments, and areas to be developed within the City of Clermont. The
general purpose is to enhance aesthetic appearance, preserve the environmental
Clermont Land Development Code Page 35
Chapter 7 Zoning District Regulations
CBD CENTRAL BUSINESS DISTRICT (continued) '
LANDSCAPE. BUFFER AND TREE REQUIREMENTS (Continued)
and ecological benefits of trees and other endemic (native) vegetation, and provide '
standards for required landscaping, to include buffers between adjacent uses, off-
street parking areas, and general maintenance requirements that apply to all '
landscaped areas.
Landscape, landscaped areas, buffers and tree protection shall ~be provided and '
accomplished for a!I real properties in the manner set forth in Chapter 13. The
minimum provision required may be exceeded.
When a conditional or commercial use is developed and abuts a residential area or '
use, the conditional or commercial use shall provide a landscape buffer strip along
all abutting property lines in conformance with Chapter 13 of this Code.
Notwithstanding criteria specified by Chapter 13 of this Code, development within
the Central Business District (CBD) shall provide landscaping consistent with any
formally adopted Comprehensive Tree Plan or Streetscape plan pursuant to the
prescribed study of the City of Clermont Tree Board or studies of the City of
Clermont Beautification Committee.
Prior to the issuance of any permit for development or redevelopment which is
included under the provisions of this Chapter, a site plan shall be submitted to and
approved by the City of Clermont No permit shall be issued for such development
or redevelopment unless such site plan complies with the provisions hereof, and
no Certificate of Occupancy shall be issued until the landscaping is complete. it
shall be unlawful to occupy the premises unless the landscaping is installed in
accordance with the approved site plans and the requirements hereof.
A) Landscape and Irrigation Plan Required
A landscape plan showing proposed landscape areas shall be submitted for
review and approval by the City. Such plan shall be required for all new
development, and if required, with application for a building permit for
rehabilitation or renovation projects.
An irrigation plan shall be submitted for review and approval by the City in
all instances where a landscape plan is required. Such plan shall indicate
use of slow-volume irrigation system designed specifically for the proposed
landscape installation, delineate zones if proposed, and clearly illustrate
Page 36 Clermont Land Development Code
' Chapter 7 Zoning District Regulations
CBD CENTRAL BUSINESS DISTRICT (continued)
D APE BUFFER AND TREE RE UIREME continu
' compliance with the required building plan and site approval process. A City
approved back-flow prevention devise and rain sensor gauge shall be
required in conformance with mandated State regulations.
D) inswllati~n and S ins
Installation of landscape material shall strictly be in accordance with the
approved landscape plan.. Any request for substitution or relocation of
materials shall be submitted in writing, along with a revised plan, to the City
for subsequent review and approval. Ail plant material shall be planted in a
manner which is not intrusive to utilities or pavement.
Al! specifications for the quality and installation of landscaping shalt be in
accordance with the'American Standards for Nursery Stoci~ published by the
' American Association of Nurserymen and conform to the standards for
Florida No.1 or better as given in 'Grades and Standards for Nursery Plants;
Part I, current addition, and Part Il, State of Florida, Department of
' Agriculture.
All specifications for measurement, quantity, and location of required
' landscaping shall be in accordance with Chapter 13 of this Code unless
otherwise prescribed herein.
' C) Landscape Exemptions
Properties which have optioned to participate entirety in the Stormwater
Abatement Fee Program, the Off-Street Parking Requirement Fee Program,
and have maximized impervious surface coverage to one hundred (100%)
percent of the site are not required to provide on-site landscaping in
' conformance with this section and Chapter 13 of this code. This exemption
does not however abrogate compliance with any sanctioned comprehensive
tree plan or streetscape plan pursuant to prescribed studies of the City of
Clermont Tree Board or the City of Clermont Beautification Committee.
' Properties which have partially optioned site development pursuant to the
above referenced programs shalt be required to submit a landscape plan for
review and approval of the City Site Review Committee. Installation, quality
' and quantity of landscape material for Stormwater retention areas shall be
accomplished in the same manner as that for required off-street parking
areas.
Clermont Land. Development Code Page 37
Chapter 7 Zoning District Regulations '
M-1 INDUSTRIAL DISTRICT '
This district is intended for industrial uses of such a nature that they do not create
problems of compatibility with adjacent land uses. '
A Site Plan is required and must be approved by the Administrative Official.
PERMITTED USES ,
1) ALL USES PERMRTED IN C~ General Commercial District provided they '
meet the regulations of the C-2 District.
2) LIGHT MANUFACTURING Generally recognized light industries engaged in ,
manufacturing, assembly or packing. All manufacturing work must be
conducted within a completely enclosed building with a total maximum floor
space of 7,000 square feet. '
3} WHOLESALE ENTERPRISES AND ESTABLISHMENTS ENGAGED IN
WAREHOUSING, with or without retail sales, such as but not limited to ,
lumber and building material yards, electrical and plumbing supplies,
4) OFFlCES OR TECHNICAL TRAINING ENTERPRISES ,
5) FlELD CROPS, ORCHARDS, NURSERIES ,~
6) BUILDINGS, STRUCTURES OR USES maintained or operated by the City of
Clermont.
7) AUTOMOBILE AND TRUCK REPAIR GARAGES, PAINTING, WELDING AND
BODY SHOPS
8) NO DWEWNG UNIT shall be erected except for sleeping quarters of a
watchman or as part of a Planned Unit Development (PUD). Watchmans
quarters shall be considered an accessory use which shall not exceed 600
square feet of living area. The watchmans quarters shalt be constructed as
a portion of the principal structure and shall be located above or at the rear
of the principal structure.
9) ALL MANUFACTURING OR COMMERCIAL USES must be conducted within
a completely enclosed building except for outdoor storage, which must be
screened from a public street and adjacent property.
Page 38 Clermont Land Development Code
' ~ Chapter 7 Zoning District Regulations
M-1 INDUSTRIAL DISTRICT (continued)
CONDITIONAL USES
' 1) AIRPORTS
' 2) JUNK YARDS
3) PLANNED UNIT DEVELOPMENT per Article II, Chapter 6.
' 4) SCHOOLS, UTILITY FACILITIES AND OTHER SEMI-PUBLIC FACILITIES not
maintained by the City of Clermont.
1
5) OTHER MANUFACTURING OR WHOLESALE USES not listed as a permitted
use may be considered as a Conditional Use, provided the requirements of
Article I, Chapter 6 and the following conditions are met:
A) The use is so located, site planned and designed to avoid undue noise,
' odor, smoke, explosive hazards or any other nuisances or dangers to
abutting properties.
B) Adequate waste treatment, roadways, and utilities can be provided.
C) All applicable local, state and federal regulations regarding such use can
' be met.
' 6) IN CASE OF UNCERTAINTY of the classification of any public use, uses may
be permitted which, after consideration by the Planning and Zoning
Commission and approval of City Council, are not more obnoxious to the
' district than the uses herein provided.
7) ALL CONDITIONAL USES must be provided per Article I, Chapter 6.
' LOT AND HEIGHT REQUIREMENTS
' 1) IMPERVIOUS SURFACE COVERAGE -Maximum coverage 60°,6
2) HEIGHT -Maximum height of 35 feet. The height limitations of this Chapter
' also apply to church spires, belfries, cupolas and domes 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 of Clermont are exempt from the height regulations.
Clermont Land Development Code Page 39
1
Chapter 7 Zoning District Regulations
M-1 INDUSTRIAL DISTRICT (continued)
MINIMUM YARD REQUIREMENTS
1) FRONT YARD -Property adjacent to SR 50 do US 27 shall maintain a 50 ft.
setback. The setback on all other streets shall be 25 feet.
2) SIDE YARD -12 feet.
3) REAR YARD - 25 feet. The rear building line of lakefront property shall be
measured from the established high water mark. No construction
encroachment may occur in any designated 100-year flood plain except in
acxordance with policies of the adopted Comprehensive Plan and formal
approval of a site development plan by the Administrative Official.
4) BUFFER STRIPS -When an industrial or commercial use abuts a residential
use, the industrial or commercial use shall provide a landscape buffer strip
along the abutting property line.
5) ALLYARD setbacks for principal buildings shall be a minimum of 25 feet from
established high water marks. No construction encroachment may occur in
any designated 100-year flood plain except in accordance with policies of the
adopted Comprehensive Plan and formal approval of a site development plan
by the Administrative Official.
Page 40 Clermont ~ Land Development Code
CHAPTER 8
VARIANCES
' SECTION 1: jN GENERAL
' (A) Hardshi rR elief
A hardship may exist in which the strict application of one or several
' requirements of this Code would render a parcel incapable of reasonable
use. Specified provisions set forth in this Code or in the development
standards may be waived when, because of the particular physical shape,
surroundings, or topographical condition of the property, compliance
would result in a particular hardship upon the owner. A hardship is
distinguished from a mere inconvenience or a desire to increase monetary
' gain.
' (B) Exclusions .
Requests for variances from requirements of the Development Code shall
generally be considered for those provisions which regulate proposed site
development and the requirements applicable to existing development.
The following request for variances shall not be considered:
' 1) Requests for variances to the adopted Comprehensive Plan.
2) Requests for variances to permit a use which is not allowed as a
' permitted use or as a conditional use within the specific zoning
district
3) Requests for variances to permit the expansion of a nonconforming
' use of any land or structure, or the continuance of any
nonconforming use which has ceased by discontinuance or
abandonment for a period of one (1) year, or the reestablishment of
' a nonconforming building or structure which has been destroyed or
damaged by fire, explosion, Act of God or in another manner to the
extent of fifty (50) percent or more of its assessed valuation.
' (C) Fnal Decision
' Final determination of a hardship relief decision is vested in the City
Council sitting as the Board of Adjustment as provided for in this Chapter.
Clermont Land Development Code Page 1
Chapter 8 Variances
SECTION 2: PROCEDURES AND REGIUIREMENTS
(A) A~en~ication Procedure
Application for variance shall be made on the appropriate forms provided
by the Department of Planning, and shall be accompanied by the
appropriate fee as established by the City Council. Application for a
variance shall be submitted no later than noon on the Friday, fifteen (15)
days prior to the City Council meeting at which the variance will be
considered. The following information shall be provided:
(1) Proof of ownership or notarized authorization of the owner if
represented by an agent or contract purchaser.
(2) Legal description of the property.
(3) Plot plan (schematic drawing) of the property involved showing the
location of existing buildings or structures and the location of
proposed buildings or structures which specifically delineates and
Illustrates the extent of the variance request.
(4) A written statement which explains the conditions and
circumstances of the alleged hardship and the necessity of the
action. The written statement shall clearly justify the granting of
relief from requirements of the Development Code, and satisfactorily
address the review criteria of this Chapter.
(B) Notification of Public Hearing
Ail variance requests shall be considered at public hearings, which shall
be noticed as follows:
(1) The City shall send notice of the proposed variance to the owners of
all adjoining properties to the subject property. Such notice shall
include the date, time and place of the public hearing before the
Board of Zoning Adjustment, along with a clear and concise
description of the proposed variance. For the purposes of such
notification, adjoining properties shall include those properties
within 150 feet of the subject property even when separated from
the subject property by a road, canal, easement, right-of-way or
similar barrier.
Page 2 Clermont Land Development Code
' Chapter 8 Variances
' (2) Notice of public hearing shall be published in a newspaper of
general circulation within the City no less than five (5) days prior to
the date set for hearing the same, and shall enter the matter on the
agenda of the next regular meeting of the Board of Zoning
' Adjustment if said meeting is five (5) or more days forthcoming.
' (C) Review Criteria and Findings
When reviewing an application for a variance, the Board of Zoning
Adjustment shall not vary the requirements of any provision of this Code
unless it makes a positive finding, based on substantial competent
evidence, on each of the following:
(1) Special conditions and circumstances exist which are peculiar to the
land, structure or building involved, and which are not applicable to
' other lands, structures or buildings in the same zoning district;
(2) The condition giving rise to the requested variance has not been
' created by any person presently having an interest in the property;
(3) Uterai interpretation and enforcement of the Development Code
regulations would deprive the applicant of rights commonly enjoyed
by other properties in the same zoning district under the terms of
the Development Code, and would work unnecessary and undue
' hardship on the applicant;
' (4) The variance request is not based exclusively upon a desire to
reduce the cost of developing the site or is otherwise economically
founded;
' (5) The variance, if granted, is the minimum variance necessary to make
possible the reasonable use of the land, building or structure;
' (6) Granting of the variance request will not confer on the applicant any
special privilege that is denied by the Development Code to other
' lands, buildings or structures in the same zoning district;
(7) The proposed variance will not substantially diminish property value
' in, nor alter the essential character of, the area surrounding the site;
and
' (8) The granting of the variance will be in harmony with the general
intent and purpose of this Code, and will not be injurious to the
surrounding properties or detrimental to the public welfare;
Clermont Land Development Code Page 3
Chapter 8 Variances '
(D) Conditions of Approval and Denial
(1) When any variance is granted, construction of the structure or other
variance item must be completed within one year from the date of ,
grant It shall be the obligation of the owner to file written notice
with the Administrative Official and Director of Planning that he has
begun the proposed construction. If no such notice is filed, the ,
variance shall automatically lapse.
(2) A variance In the zoning regulations may be transferred along with
the transfer of the property ownership, but only for the specific use
and approved plan originally granted.
(3) Variance requests which have been denied may not be resubmitted ,
for a period of one (1) year.
Page 4 Clermont Land Development Code
' CHAPTER 9
ENVIRONMENTAL PROTECTION
ARTICLE is WETLANDS AND FLOOD PLAIN PROTECTION
' SECTION 1: PURPOSE AND INTENT
The purpose of this Article is to preserve, protect and enhance the qualities of
wetlands and '100 year' flood plains within the City. This endeavor is based on
a policy of no net loss of wetland and floodplain function in acknowledgement of
the important natural function of wetlands and flood plains in flood control, water
quality, and wifdiife preservation.
' The intent of this Article is to define parameters which may allow certain
mitigated encroachment of wetlands and floodplains for provision of
' infrastructure and appurtenant devices exclusive of .roadways. Infrastructure
specifically intended for consideration shall include potable water, sanitary
sewer, and stormwater abatement appurtenances and mechanisms exciuding,.,lift
' stations. Any consideration for mitigated encroachment is to rely.upon specific
assessment that unique condition exists which conflict with the exercise of
accepted standards of the utility obligated, and that functional utilization will not
be adverse to locational suitability.
Wetland definition and classification shall be consistent with rules of law
' promulgated by the St. Johns River Water Management District and this Code.
Construction standard shall be consistent with Article II of this Chapter and
adopted City Code.
' SECTION 2: PERMIT REQUIREMENTS FOR WETLAND AND FLOOD PLAIN
ALTERATION
It is hereby unlawful for any person to engage in any activity which will remove,
fill, drain, dredge, clear, destroy, or alter any wetland or land within the
designated '100-year" flood plain, without obtaining an approved permit.
(A) Application Procedure
' Application shall be made as part of the application for development plan
approval, when applicable, or on a separate form provided by the City.
' Application submittal shall include the following information:
(1) Name, address and phone number of applicant, and of any
biologists, engineers, or other consultants providing information or
acting as agent for the applicant.
Clermont Land Development Code Page 1
Chapter 9 Environmental Protection '
(2) A survey of the property which delineates existing structures,
pavement, adjacent streets, and other improvements.
(3) A sketch, map or survey with the general type and extent of wetland '
areas and floodplain mapped to scale, or a copy of any previously
submitted permit application to other agencies depicting the subject
wetlands and floodplains. '
(4) For projects impacting one-half (1/2) acre or more of wetlands or
floodplain, a management plan that shall contain sufficient ,
information for the City to evaluate the environmental characteristics
of the site, the potential and predicted impacts of the proposed
activities on the resource, and the effectiveness and acceptability of '
those measures proposed by the applicant for reducing adverse
impacts. The management plan should include but not be limited to
a detailed analysis of the following: '
(a) A description of all water bodies, watercourses, and wetlands
onsite, and a general description of wetlands immediately '
adjacent to the site.
(b) A description of the upland habitats on the site.
(c) A site survey, including topographic contours at one (1) foot
intervals, drawn to a scale no greater than one inch equals
fifty feet (1"=50') which identifies the site, landward extent of
the wetland boundaries, floodplains, existing and proposed
conservation areas, and any adjacent off-site conservation
areas.
(d) A detailed description of any proposed activity within the
jurisdictional wetlands and floodplains.
(e) A detailed analysis of on-site and/or off-site mitigation areas,
if applicable.
(f) A plan for the control of erosion and sedimentation which
describes, in detail, the type and location of control measures,
and provisions of maintenance.
(g) A detailed description of the methods to be utilized in meeting
the specific design and review criteria of this Article.
Page 2 Clermont Land Development Code
Chapter 9 Environmental Protection
(h) A wetland management plan $haii not be required as part of
' the application for the following activities:
(1) A private dock for a single family residence whose total
' area does not exceed five hundred (500) square feet.
(2) Restoration of existing and functioning structures where
' no Increase in square footage or origins{ dimensions
shall occur.
(5) Copies of permit application made to all Federal, State and regional
agencies with jurisdiction over wetlands on the site.
(B) Standards of Review
' The application shall be reviewed based on the foi{owing criteria:
(1) The ability of the wetland and floodplain to receive, store and
' discharge surface water runoff so as to contribute to hydrological
stability and control of flooding and erosion;
(2) The ability of the wetland and floodplain to recharge the
groundwater as demonstrated by reliable available information;
' (3) The ability of the wetland to provide filtration and nutrient
assimilation from surface water runoff;
' (4) The ability of the wetland to provide habitat and significant
ecological function in the life cycle for fish, wildlife, or other forms
' of animal or plant life;
bill of the wetland to function as an ante raf art of an
(5) The a ty 9 P Y
' waters, water body, or watercourse;
(6) The cumulative impacts of the proposed development on the
wetland system and floodplain in combination with other
developments which have been or are proposed in the same
drainage basin;
' (T) The technical feasibility of any proposed wetland and floodplain
mitigation plans and the likelihood of their success in restoring or
' replacing the environmental benefit altered by the development;
Clermont Land Development Code Page 3
Chapter 9 Environmental Protection
(8) The capacity of the existing wetland and floodplain to provide
environmental benefits because of such factors as maturity, size,
degree of prior alteration, physical relationship to other water
systems, and adjacent land uses;
(9) The degree or magnitude of the impact of the proposed alteration
and how such impact shall be minimized through mitigation
measures, either off-site or on-site, or both, and recommendations
concerning the appropriate location of such mitigation; and
(10) Whether and the extent to which a proposed project must be located
within a wetland or water body in order to perform the project's
basic functions.
(C) Permit Issuance
All permits shall be deemed to incorporate the general and specific
conditions of permits issued by Federal, State or regional agencies that
are within the substantive purview of this Article. The City may withhold
issuance of a City permit until any or all such other permits are issued.
Issuance of a development permit pursuant to a development order, shall
be considered to include the issuance of a related alteration permit.
On applications not tied to development projects requiring development
plan approval, the City shall have ten (10) working days to determine the
sufficiently of the application. The applicant shall be notified in writing of
any discrepancies in the application. Once a complete application is
accepted, the City shall have thirty (30) days to review the application, and
to approve, approve with conditions, or disapprove the permit
SECTION 3: WETLAND/ FLOODPLAIN PROTECTION STANDARDS
Application for an alteration permit shall meet the following protection standards:
(A) There shall be no net loss of wetland and floodplain function, and they
shall be protected or used in a manner that does not adversely impact
their beneficial functions.
(B) Any intended structure or devise encroachment, other than distinct water
dependent structures, shall conform to adopted Code standard of twenty-
five (25) feet setback from established ordinary mean high water
elevations of the individual impacted water body.
Page 4 Clermont Land Development Code
' Chapter 9 Environmental Protection
(C) Wetlands and floodplains shall be protected from sedimentation during
' development activities.
' (D) Where impacts on wetlands and floodplains are determined to be
unavoidable, mitigation shall be required based on the criteria of Section 4
of this Article.
SECTION 4: MITIGATION CRITERIA
' The purpose of mitigation is to offset unavoidable environmental impacts upon
wetlands and floodplains. Mitigation plans should maximize the preservation of
existing natural resources, consider the function of those resources, and provide
comparable functions after mitigation is complete.
(A) Mitigation plans shall consider the following methods, in order of priority
in which they should be utilized:
(1) Avoiding the impact altogether by not taking a certain action or part
' of an action.
(2) Minimizing impacts by limiting the degree or magnitude of the action
' or its implementation.
(3) Rectifying the impact by repairing, rehabilitating, reclaiming or
' restoring the affected environment
(4) Reducing or eliminating the impact over time by preservation and
' maintenance operations during the life of the action.
' (5) Compensating for the impact by replacing or providing substitute
resources or environments through the creation of new wetlands
and floodplains, enhancement of existing wetlands and floodplains,
or re-establishment of wetlands and floodplains which are no longer
functioning due to significant alteration in the past.
(B) Where all or part of a wetland or floodplain is proposed to be destroyed or
substantially altered, an acceptable mitigation plan shall include at least:
(1) Replacement of the same type of wetland on at least a two to one
' (2:1) ratio unless the value of the wetland based on its functional
value is determined to warrant a greater or lesser ratio. There
' should be like kind replacement.
Clermont Land Development Code
Page 5
Chapter 9 Environmental Protection
(2) Specific design requirements based upon conditions of the site and
the type of environment to be created or restored, including existing
and proposed plant species, plant density, anticipated source of
plants, soils, and hydrologic regime.
(3) Altered areas and specifically wetlands shall receive periodic
monitoring to remove exotic or nuisance vegetation.
(4) Monitoring and replacement to assure a survival rate of eighty
percent (8096) area ground cover of desired species of vegetation
during a three (3) year reclamation/ restoration period. Where
mitigation plantings have not been properly maintained or have died,
suitable replacement and maintenance shall be required.
(5) An upland habitat as an adjacent buffer on mitigated sites.
(6) Suitable posting of mitigation areas to preclude their disturbance or
destruction during the initial planting period.
(C) An acceptable mitigation plan for wetlands and floodplains shall be
reasonably and technically feasible. Mitigation of any disturbed wetland
should be through restoration of other degraded wetlands as a preference
over wetland creation.
(D) Mitigation should take place on site or in adjacent proximity thereto.
(~ An applicant that carries out a compensatory mitigation plan may be
required to grant a conservation easement on the newly created or
restored area to protect it from future development. An alternative legal
mechanism to assure such protection may be approved in specific cases.
SECTION 5: EXEMPTIONS
Activities which are exempted from the requirements of this Article include:
(A) Non-mechanical clearing of a twenty-five (25) foot wide strip of wetland or
buffer vegetation perpendicular to the shoreline to provide access to open
water. However. formal approval of the City Administrator shall be
required prior to any form of clearing activity
(B) Minor maintenance or emergency repair to existing structures as improved
areas.
Page 6 Clermont Land Development Code
' Chapter 9 Environmental Protection
' (C) Cleared walking trails having no structural components. However, format
gpproval of the City Administrator shall be required prior to anv form of
' clearing activity.
(D) Maintenance, together with incidents! dredge and fill activities in ditches,
retention and detention areas, public road and other rights-of-way, and
other related drainage systems. Approval from the appropriate City
department is required.
' (E) Bonafide mosquito control activities reviewed by the appropriate State and
Federal agencies.
(1=) Activities within artificial wetlands which may be created as part of a man-
made treatment system.
SECTION 6: VIOLATIONS
The following remedies and penalties shall apply to violations of this Article:
(A) Where unauthorized clearing of wetlands or disturbance of the "100-year
flood plain has taken place, a restorative mitigation plan shaft be
submitted within thirty (30) days of formal notice of violation. The plan
shall be reviewed based on the criteria of this Article, except that all such
mitigation shall be done on a four for one (4:1) ratio of wetlands and flood
storage function.
(B) Where unauthorized removal or destruction of wetland vegetation has
taken place in an otherwise undisturbed wetland, it shaft be replaced
based on any information ftom approved permits, or based on surrounding
undisturbed vegetation.
' (C) A stop work order shat! be issued for all sites in violation where any .
construction has been previously authorized. No further City permits shall
be issued for the subject site, nor any attendant inspection made, unto
1 such violations are corrected or a mitigation plan has been approved.
This shall include a certificate of occupancy for any attendant structure.
(D) Where violations of the dredge and fill or wetland rules and regulations
imposed by Federal, State or regional agencies are noted by the City, such
violations wilt be reported in writing to the appropriate agency.
Clermont Land Development Code Page 7
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Chapter 9 Environmental Protection
SECTION T: VARIANCES AND APPEALS
Variances and appeals to this Article shall be considered as follows:
(A) No variance or appeal will be considered, where the action or requirement
in question clearly is derived from the actions or requirements of Federal,
State or regional agencies as part of their permitting process.
(B) Minor technical variances, where clearly within intent of this Article, may
be authorized by the City.
(C) Variances shall be considered based on the procedures of Chapter 8.
(D) Appeals shall be considered based on the procedures of Chapter 3.
Page 8 Clermont Land Development Code
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Clermont Land Development Code Page 9
Chapter 9 Environmental Protection
ARTICLE 11: FLOOD PREVENTION
PART I - IN GENERAL
SECTION 1: STATEMENT OF PURPOSE
It is the purpose of this Article to promote the public health, safely and general
welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
1. Restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction; and,
3. Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of flood waters.
SECTION 2: DEFINITIONS
Unless specifically defined below, words or phrases used in this Article shall be
interpreted so as to give them the meaning they have in common usage and to
give this Article its most readable application.
Appeal - means a request for a review of the Administrative official's
interpretation of any provision of this Article or a request for a variance.
Area of special flood hazard - is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year, as
shown on the flood insurance rate map (FIRM) of the Federal Emergency
Management Agency (FEMA).
Base flood -means the flood having a one percent chance of being equaled or
exceeded in any given year.
Basement -means that portion of a building between floor or ceiling, which may
be below grade, or partly below and partly above grade.
Building -means any structure built for support, shelter, or enclosure for any
occupancy or storage.
Page 10 Clermont Land Development Code
' Chapter 9 Environmental Protection
Development -means any manmade change to improved or unimproved real
ostate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Flood or flooding - means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland waters; and,
2. The unusual and rapid accumulation of runoff of surface waters from
' any source.
Flood insurance rate map (FIRM) -means an official map of a community, on
' which the Federal Emergency Management Agency has delineated both the
areas of special flood hazard and the risk premium zones applicable to the
community.
' Flood insurance study - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the flood
' boundary-floodway map and the water surface elevation of the base flood.
Floodway -means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
' Floor -means the top surface of an enclosed area in a building (including
basement), i.e. top of slab in concrete slab construction or top of wood flooring
in wood frame construction. The term does not include the floor of a garage
used solely for parking vehicles, or sheds used solely for storage of lawn or
similar equipment, in accordance with Federal guidelines.
Highest adjacent grade -means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure.
Mean sea level -means the average height of the sea for all stages of the tide. It
is used as a reference for establishing various elevations within the floodplain.
For purposes of this Article, the term is synonymous with the National Geodetic
Vertical Datum (NGVD).
Mobile home - means a structure, transportable in one or more sections, which
Is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
Clermont Land Development Code Page 11
Chapter 9 Environmental Protection ,
National Geodetic Vertical Datum (NGVD) - ss corrected In 1929, is a vertical
control used as a reference for establishing varying elevations within the
floodplain.
New construction -means structures for which the 'start of construction'
commenced on or after the effective date of this Article.
Structure - means a walled or roofed building that is principally above ground, a
mobile home, a gas or liquid storage tank, or other manmade facilities or
infrastructures.
Substantial improvement -means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the market
value of the structure, either (1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition substantial improvement is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The teen does not, however, include
either (1) any project for improvement of a structure to comply with existing state
or local health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions, or (2) any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic Places.
Variance - is a grant of relief from the requirements of this Article which would
permit construction in a manner otherwise prohibited by this code, and where
specific enforcement would result in a hardship pursuant to this Article and
Chapter 8 of this code.
(A) Application
This Article shall apply to all lands within the City of Clermont located in
an area of special flood hazard.
(B) Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency
Management Agency in Its flood insurance study and FIRM, with
accompanying maps and other supporting data, and any revision thereto
are adopted by reference and declared to be part of this chapter.
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Chapter 9 Environmental Protection
(C) Establishment of Development Permit
A building or development permit shall be required in conformance with
' the provisions of this Article prior to the commencement of any
development activities.
(D) Com lime
No structure or land shall hereafter be located, extended, converted, or
structurally altered without full compliance with the terms of this Article
and other applicable regulations.
(~ Abrogation and Greater Restrictions
This Article is not intended to repeat, abrogate, or impair any existing
' easements, covenants, or deed restrictions. However, where this Article
and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
' (~ Interpretation
In the interpretation and application of this Article all provisions shall be:
(1) considered as minimum requirements; and (2) deemed neither to limit
nor repeal any other powers granted under State statutes.
' (G) Warning and Disclaimer of Liability
' The degree of flood protection required by this Article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. larger floods can and will occur on rare
' occasions. Flood heights may be increased by manmade or natural
causes. This does not imply that land outside the areas of special flood
' hazard or uses permitted within such areas will be free from flooding or
flood damages. This Article shall not create liability on the part of the City
of Clermont or by any officer or employee thereof for any flood damages
that result from reliance on this Article or any administrative decision
lawfully made thereunder.
(H) Penalties for Violation
Violation of the provisions of this Article or failure to comply with any of its
' requirements shall constitute an offense and any violation hereof shall be
punished as provided in General Provisions Penalty of the Clermont Code
of Ordinances.
Clermont Land Development Code Page 13
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Chapter 9 Environmental Protection
PART II -ADMINISTRATION
SECTION 1: ENFORCEMENT PERMIT PROCEDURES AND
~ESPONSiB1UTiES
The Administrative official or format designee thereof, is hereby appointed to
administer and implement the provisions of this Article.
(A) Permit Procedures
Application for a development permit shall be made to the Administrative
official on forms furnished by the City, prior to any development activities.
Specifically, the following information is required for property located in an
area of special flood hazard:
(1) Elevation in relation to National Geodetic Vertical Datum (NGVD) of
the proposed lowest floor {including basement} of all structures.
(2) Elevation in relation to National Geodetic Vertical Datum (NGVD) to
which any non-residential structure wilt be flood-proofed.
(3} Provide a certificate from a registered professional engineer that the
residential flood-proofed structure meets the flood-proofing criteria
in Part III of this Article.
(4) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
(5) Provide a floor elevation or flood-proofing certification after the
lowest floor is completed. Such certification must be completed
before a certificate of occupancy can be issued. It shall be the duty
of the permit holder to submit to the Administrative official a
certification of the elevation of the lowest floor, flood-proofed
elevation, or the elevation of the lowest portion of the horizontal
structural members of the lowest floor, whichever is applicable, as
built, in relation to National Geodetic Vertical Datum (NGVD). Said
certification shall be prepared by or under the direct supervision of
a registered land surveyor or professional engineer and certified by
same. The Administrative official shall review the floor elevation
data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further work
being permitted to proceed. Failure to submit the survey or failure
to make said corrections required hereby, shall be cause to issue a
stop-work order for the project.
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Chapter 9 Environmental Protection
' 'tis f th Administ iv Offici I
(t3) ~ut~es and Rest*nsi~ili e s •
' Duties of the Administrative official shall include, but not be limited to:
(1) Review all development permits to assure that the permit
requirements of this Article and Code have been satisfied.
(2) Advise permittee that additional federal or state permits may be
required, and if specific federal or state permits are known, require
that copies of such permits be provided and maintained on file with
the development permit.
(3) Notify adjacent communities and the state coordinating agency prior
' to the relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
' (4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not
diminished.
(5) Verify and record the actual elevation (in relation to National
Geodetic Vertical Datum) of the lowest floor (including basement) of
all new or substantially improved structures.
(6) Verify and record the actual elevation (in relation to National
Geodetic Vertical Datum) to which the new or substantially improved
structures have been flood-proofed.
(7) When flood-proofing is utilized for a particular structure, the
Administrative official shah obtain certification of same from a
' registered engineer or architect
(8) '
Where interpretation is needed as to the exact location of
boundaries of the area of special flood hazard (for example, where
' there appears to be a conflict between mapped boundary and actual
field conditions) the Administrative official shall make the necessary
' interpretation. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation
as provided in this Article.
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Chapter 9 Environmental Protection
(9) When base flood elevation data have not been provided in
accordance with Section 1 (A) above, then the Administrative official
shall obtain, review, and reasonably utilize any base flood elevation
data available from a federal, state or other source, in order to
administer the provisions of this Article.
(10) All records pertaining to the provisions of this Article shall be
maintained in the office of the Administrative official and shall be
open for public inspection.
PART III -PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 1: GENERAL STANDARDS
In all areas of special flood hazard the following provisions are required:
(A) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
(B) Ali new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage;
(C) All new construction or substantial improvements shall be constructed by
methods and practice that minimize flood damage;
(D) All replacement water supply or sanitary sewage systems shall be
designed to eliminate infiltration of flood waters into the system, or
discharge from the system into flood waters;
(E) Any alteration, repair, reconstruction or improvement to a structure which
is in compliance with the provisions of this Code, shall meet the
requirements of 'new construction' as contained in this Article.
SECTION 2: SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data have been
provided, as set forth in Part 1, Section 2(B) or Part 11, Section 1(B)(8), the
following provisions are required:
(A) Residential construction. New construction or substantial improvement of
any residential structure shall have the lowest floor, including basement, at
an elevation at least eighteen (18) inches above base flood elevation.
Page 16 Clermont Land Development Code
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Chapter 9 Environmental Protection
(B) Nonresidential construction. No new nonresidential construction shall be
allowed construction encroachment in an area of special flood hazard.
Substantial improvement of any existing commercial, industrial or other
nonresidential structure shall either have the lowest floor, including
basement, at an elevation at least eighteen (18) inches above the level of
the base flood elevation and together with attendant utility and sanitary
facilities, be flood-proofed so that all areas of the structure below the
required elevation are water tight and with walls substantially impermeable
' to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer shall certify that the
' standard of this subsection are satisfied. Such certification shall be
provided to the official as set forth in Part II, Section 1(A)(3) and shall
certify that flood-proofing methods are adequate to withstand flood depths,
velocities, pressures, impact and uplift forces and other factors associated
with the base flood.
' (C) Mobile Homes.
(1) No mobile home shall be placed in an area of special flood hazard,
except in an existing mobile home park or existing mobile home
subdivisions.
(2) In existing mobile home parks and mobile home subdivisions where
the repair, reconstruction or improvement of the streets, utilities and
' pads equals or exceeds fifty (50) percent of the value of the streets,
utilities and pads before the repair, reconstruction or improvement
has commenced, require that stands or lots are elevated on
t compacted fill or on pilings so that the lowest floor of the mobile
home will be at least eighteen (18) inches above the base flood
level.
' (3) All mobile homes shall be anchored to resist flotation, collapse, or
lateral movement by providing over-the-top and frame ties to ground
anchors. Specific requirements shall be that:
(a) Over-the-top stabilization devices shall be provided at each
' end of the mobile home, with one additional tie per side at an
intermediate location on mobile homes of less than fifty (50)
feet and one additional tie per side for mobile homes of fifty
' (50) feet or more;
Clermont Land Development Code Page 17
Chapter 9 Environmental Protection
(b) Frame ties be provided at each corner of the home with four
(4) additional ties per side at intermediate points for mobile
homes less than fifty (50) feet long and one additional tie for
mobiles homes of fifty (50) feet or longer;
(c) All components of the anchoring system be capable of
carrying a force of four thousand eight hundred (4,800]
pounds; and
(d) Any additions to the mobile. home be similarly anchored.
SECTION 3: STANDARDS FOR SUBDIVISION PROPOSALS
(A) No new residential subdivisions shall be permitted or allowed construction
encroachment in areas of special flood hazard. Certain infrastructure
consistent with Article I of this Chapter may be allowed construction
encroachment upon formal approved mitigation.
(B) Existing, vested subdivisions shall be permitted construction consistent
with the need to minimize flood damage in accordance with directives of
the adopted Comprehensive Plan as follows: my existing single family
residential subdivisions platted prior to the formal adoption date of the
Comprehensive Plan (August 13, 1991) shall be allowed construction
encroachment in the designated conservation areas and only upon the
demonstrated necessity that the site cannot be functionally utilized without
such encroachment. Encroachment shall be restricted to 25°~ of that
portion of lot occurring within the designated 100-year flood plain; wetland
areas shall not be encroached upon. Physical construction shall occur
only in accordance with the established twenty-five (25) foot high water
mark setback requirement. Subdivisions platted after formal adoption of
this Comprehensive Plan shall be prohibited from encroachment in all
designated conservation areas (100 year flood plains and wetlands).
(C) All existing, vested subdivisions shall have public utilities and facilities
located and constructed to eliminate flood damage;
(D) All existing, vested subdivisions shall have adequate drainage provided to
reduce exposure to flood hazards; and
(~ Base flood elevation data shall be provided where flood hazard is
reasonably expected to occur.
Page 18 Clermont Land Development Code
Chapter 9 Environmental Protection
PART IV -VARIANCE PROCEDURES
SECTION 1: METHOD OF APPEAL
(A) The City Council of the City of Clermont shall hear and decide appeals and
requests for variances from the requirements of this Article.
(B) The City Council shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the
Administrative official in the enforcement or administration of this Article.
' (C) In receiving applications for variances, the City Council shall consider all
technical evaluations, all relevant factors, all standards specified in other
sections of this Article and Code, and;
(1) The danger to life and property due to flooding or erosion damage,
and the safety of access to the property in times of flood for
' ordinary and emergency vehicles;
(2) The susceptibility of the proposed facility and its contents to flood
' damage and the effect of such damage on the individual owner;
(3) The importance of the services provided by the proposed facility to
the community, and the necessity to the facility of a waterfront
location (where applicable);
' (4) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use; and the compatibility of the
' proposed use with existing and anticipated development and the
comprehensive plan;
' (5) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood water and the effects of wave action, if
applicable, expected at the site; and the costs of providing
' governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities.
' (D) Upon consideration of the factors listed above and the purposes of this
Code, the City Council may attach such conditions to the granting of
variances as it deems necessary to further the purpose of this Article.
' (E) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
Clermont Land Development Code Page 19
Chapter 9 Environmental Protection '
(F) Conditions for variance:
(1) Variances shall be issued only upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief;
(2) Variances shall be issued only upon (1) a showing of good and
sufficient cause; (2) a determination that failure to grant the variance
would result in exceptional hardship to the applicant; and, (3) a
determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, creation of nuisance, causing fraud on
or victimization of the public, or conflict with existing local laws or
Ordinances.
(3) Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating
that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
The notice shalt also state that construction below the base flood
elevation increases risk to life and property.
(4) The Administrative official shall maintain the records of alt appeal
actions and report any variances to the Federal Emergency
Management Agency upon request.
Page 20 Clermont Land Development Code
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Clermont Land Development Code Page 21
Chapter 9 Environmental Protection
,ARTICLE IIf
WELLFIELD AND AQUIFER PROTECTION
SECTION 1: PURPOS AND INTENT
The intent snd purpose of this Article is to protect and safeguard the health,
safety, and welfare of the citizens of Clermont, Florida, by providing criteria for
restricting deleterious substances and contaminants, and for regulating the
design, location, operation of development, and land use activities which may
impair existing and future public water supply wells. The provisions of the
Article shall apply to all public wells supplying potable water by public utilities.
Public Supply Well shall be defined as a community or non-community system
for the provision to the public of piped water provided that such system has at
least fifteen (15) service connections or regularly serves at least twenty-five (25)
individuals daily at least sixty (60) days out of the year.
SECTION 2: SCOPE
The regulations set forth herein shall apply to all areas surrounding a well field
and the designated well field protection zones and other areas of the City as
provided herein.
SECTION 3: ESTABLISHMENT OF WELL FIELD PROTECTION ZONES
The City has adopted well field protection zones as portrayed by the adopted
Clermont Comprehensive Plan. These zones show the geographic extent of said
zones as delineated on maps as now or hereafter updated and supplemented
and which are on file with the City. This Article shall provide for rules of
interpretation for buildings of lots lying wholly or partially in a particular well
field protection zone.
(A) Primary Well Feld Protection Zone. The land area immediately surrounding
any potable water supply well and extending a radial distance of three
hundred (300) feet from said well.
(B) Secondary Well Field Protection Zone. The land area surrounding the
primary well field protection zone, and defined by a radial distance of one
thousand (1000) feet from the well(s) defining the primary well field
protection zone.
Page 22 Clermont Land Development Code
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Chapter 9 Environmental Protection
SECTION 4: RESTRICTIONS WITHIN ZONES
(A) Any non-residential land use which stores, handles, produces, or uses any
regulated substances, as defined in 1) Chapter 38F-41, Florida
Administrative Code; 2) Title 40, Code of Federal Regulations, Part 261,
'Identification and Listing of Hazardous Wastes'; 3) Title 40, Code of
Federal Regulations, Part 302.4, 'List of Hazardous Substances and
Reportable Gluantities'; 4) Title 40, Code of Federal Regulations, Part 355,
Appendix A & B, 'List of Extremely Hazardous Substances`; and 5) Title 49,
Code of Federal Regulation, Parts 172.101 and 172.102 is prohibited within
well field protection zones except as provided exempt pursuant to Section
6.
~ ~B>
u
The following uses or structures are also prohibited within regulated
areas:
(1) The location of septic systems within three hundred (300) feet of a
public water supply well, unless otherwise approved by the City of
Clermont, the Florida Department of Environmental Regulation (DER)
and the Florida Department of Health and Rehabilitative Services
(HRS);
(2) The location of stormwater wet retention/detention areas, as defined
by the St. Johns River Water Management District (SJRWMD), within
three hundred (300) feet of a public water supply well, unless
otherwise approved by the City of Clermont and the St. Johns River
Water Management District;
(3) The location of wastewater treatment plant effluent discharges,
including but not limited to, percolation ponds, surface water
discharge, spray irrigation, or drain fields, within five hundred (500)
feet of a public water supply well, unless otherwise approved by the
City of Clermont and the Florida Department of Environmental
Regulation (DER);
(4) The location of a landfill and/or collection center within five hundred
(500) feet of a public water supply well;
(5) The location of a feed lots or other concentrated animal facilities
within five hundred (500) feet of a public water supply well;
(6) The location of underground or above ground stationary tanks
containing regulated substances, including fuel storage tanks, within
five hundred (500) feet of a public water supply well; and
Clermont Land Development Code Page 23
Chapter 9 Environmental Protection i
(~ The location of mining and/or excavation of waterways or drainage
facilities which intersect the water table within one thousand (1000) '
feet of a public water supply well, unless otherwise approved by the
City of Clermont and the St. Johns River Water Management District. ,
SECTION 5: PROTECTION OF FUTURE PUBLIC WATER SUPPLY WELLS
The prohibitions and restrictions set forth In this Article and any regulations
promulgated pursuant thereto, shall apply to any future public water supply well
sites adopted by the City Council by Ordinance, provided, however, that the '
restrictions shall not apply to residential or non-residential land uses that have
received development approval prior to the effective date of this Chapter.
SECTION 6: EXEMPTIONS
(A) The following activities or land uses shall be exempt from the regulated '
area prohibition set forth in Section 5 of this Article.
(1) Exemption for Public Potable Water Fadlities. Public potable water '
facilities shall be exempt regarding the routine operation and
maintenance of potable water systems. This exemption does not '
apply to land uses involving the maintenance and refueling of
vehicles or the storage of regulated substances.
(2) Exemption for Continuous Transit and Deliveries. The transportation
of any regulated substance through regulated areas, provided the
regulated substances are not being stored, handled, produced, or
used within the regulated area in violation of this Chapter, and the
delivery of regulated substances to non-residential land uses that
have received final development approval prior to the effective date
of this Chapter, provided that these land uses require such
substances for the continued operation and maintenance of the land
uses as approved.
(3) Exemption for Vehide Fuel and Lubricant Use. The use in a vehicle
of any regulated substance, solely as operating fuel in that vehicle
or as lubricant in that vehicle.
(4) Exemption for Application of Pesticides, Herbicides, Fungicides and
Rodenticides. The application of those regulated substances used
as pesticides, herbicides, fungicides, and rodenticides in recreation,
agriculture, pest control, and aquatic weed control activities
provided that:
Page 24 Clermont Land Development Code
Chapter 9 Environmental Protection
' (a) In sll regulated areas the application is in strict conformity
with the use requirement as set forth in the U.S.
Environmental Protection Agency (EPA) registries for
' substances and as indicated on the containers in which the
substances are sold; and
' (b) In all regulated areas the application is in strict conformity
with the requirements as set forth in Chapters 5E-2 and 5E-9,
Florida Administrative Code. This exemption applies only to
' the application of pesticides, herbicides, fungicides, and
rodenticides.
(5) Exemption for the Use of Fertil'~ers Corrtaining any Form of
Nitrogen. The use of fertilizers containing any form of nitrogen
provided that:
'
(a) For non-residential recreation areas, including private golf
courses, the application of nitrogen containing materials shall
be in accordance with manufacturer's directions or
recommendations of the Lake County Agricultural Extension
Agent, provided, however, the amount of fertilizer applied
' shall not exceed forty (40) pounds of nitrogen per acre per
month average for the total area or two (2) pounds per
thousand (1,000) square feet per month or any localized area
' within the activity. Notwithstanding, the amount of applied
fertilizer shall not exceed two hundred (200) pounds of
' nitrogen per acre per year.
(b) For agricultural areas, the application of nitrogen containing
materials shall be in accordance with manufacturers direction
' or recommendations of the Lake County Agricultural
Extension Agent.
' (c) For non-residential landscape areas, the application of
nitrogen-containing materials shall be in accordance with
manufacturers directions or the recommendations of the Lake
County Agricultural Extension Agent or on areas of ten
thousand (10,000) square feet or less.
(6) Exemption for Existing Retail Sale and Wholesale Activities. Retail
sale and wholesale establishments in regulated areas provided that
such establishments only store and handle regulated substances for
resale in their original unopened containers.
1
Clermont Land Development Code Page 25
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Chapter 9 Environmental Protection '
('7) Exemptions for Office Uses. Regulated substances for the ,
maintenance and cleaning of office buildings and regulated
substances associated with office equipment such as copiers or
blueprint machines shall not be allowed on-site in quantities greater
than the quantities exempted in Section 6(B). '
(8) Exemption for Approved Non-Residential Activities. The following '
non-residential activities are exempted:
(a) Non-residential land uses existing as of the effective date of
this Chapter which have received final site plan, subdivision,
or similar development approval and building permits.
(b) Non-residential land uses existing as of the effective date of
this Chapter which have received occupational licenses, or
similar forms of annual development approval and which do
not require site plan, subdivision, or similar development
approval and building permits. For the purposes of this
exemption, renewal of annual development approval shall also
be exempt, provided, however, that there are not expansions,
modifications, or alterations that would increase the storage,
handling, production, or use of the regulated substance.
(B) Only those non-residential land uses which store, handle, produce, or use
the following quantities or regulated substances shall be exempt from the
regulated prohibition set out in Section 5.
(1) Whenever the aggregate sum of all quantities of any one regulated
substance for any one non-residential activity at a given
facility/building or property at any one time does not exceed six (6)
gallons where said substance is a liquid, or twenty-five (25) pounds
where said substance is a solid.
(2) Whenever the aggregate sum of all regulated substances for any
one non-residential activity at one facility/building or property at any
one time does not exceed one (100) gallons if said substances are
liquids, or five hundred (500) pounds if said substances are solids,
and the aggregate sum of all quantities of any one regulated
substance does not exceed the reference limits in Section 6(B)(1).
Any facility or building which stores, handles, produces, or uses
more than one hundred (100) pounds of liquid regulated substances
or five hundred (500) pounds of solid regulated substance shall be
designed to prevent contamination of wellfields in case of accidents,
ruptures, or leaks.
Page 26 Clermont Land Development Code
Chapter 9 Environmental Protection
(3) Where regulated substances are dissolved in or mixed with other
non-regulated substances, on{y the actual quantity of the regulated
substance present shall be used to determine compliance with the
provisions of this Chapter. The actual quantity of the regulated
substance present shall be the total quantity of the original
unopened container(s) regardless of concentration or purity.
SECTION 7: PRIME RECHARGE AREAS AQUIFER PROTECTION
STANDARDS
' The purpose of this section is to restrict activities known to adversely affect the
quality of surface and ground water within the City of Clermont. It is the intent of
' this section to prohibit large quantity generators of hazardous wastes within the
high or prime recharge areas.
SECTION 8: DETERMINATION OF HIGH OR PRIME RECHARGE AREAS
High or prime groundwater recharges areas shall be those areas designated by
' the St. Johns River Water Management District pursuant to Section 373.0395,
F.S.
' SECTION 9: PROHIBITIONS
Large quantity generators of hazardous waste as designated by the U.S.
Environmental Protection Agency (EPA) and the Florida Department of
Environmental Regulation (DER) shalt be prohibited within areas of high or prime
recharge areas.
SECTION 10: HAZARDOUS SUBSTANCES
All new development involving the handling, generation, or storage of hazardous
wastes shall meet the following standards for permitting approval:
' (A) Environmental Protection Agency, 40 CFR Parts 260, 261, 262, 263, 270,
and 271, dated March 24, 1986, as amended.
' (B) Florida Department of Environmental Regulation, including the submittal of
the approved State permits, relating to Rule 17-730, F.A.C., 'Hazardous
Waste', Rule 17-761, F.A.C., 'Underground Storage Tank Systems"; and
Clermont Land Development Code Page 27
1
Rule 17-762, F.A.C., 'Above Ground Storage Tank Systems'.
1
Chapter 9 Environmental Protection
(3) Where regulated substances are dissolved in or mixed with other
non-regulated substances, only the actual quantity of the regulated
substance present shall be used to determine compliance with the
' provisions of this Chapter. The actual quantity of the regulated
substance present shall be the total quantity of the original
unopened container(s) regardless of concentration or purity.
SECTION 7: PRIME RECHARGE AREAS AGIUIFER PROTECTION
STANDARDS
The purpose of this section is to restrict activities known to adversely affect the
quality of surface and ground water within the City of Clermont. It is the intent of
' this section to prohibit large quantity generators of hazardous wastes within the
high or prime recharge areas.
SECTION 8: DETERMINATION OF HIGH OR PRIME RECHARGE AREAS
High or prime groundwater recharges areas shall be those areas designated by
' the St. Johns River Water Management District pursuant to Section 373.0395,
F.S.
' SECTION 9: PROHIBITIONS
Large quantity generators of hazardous waste as designated by the U.S.
' Environmental Protection Agency (EPA) and the Florida Department of
Environmental Regulation (DER) shall be prohibited within areas of high or prime
recharge areas.
SECTION 10: HAZARDOUS SUBSTANCES
' All new development involving the handling, generation, or storage of hazardous
wastes shall meet the following standards for permitting approval:
(A) Environmental Protection Agency, 40 CFR Parts 260, 261, 262, 263, 270,
and 271, dated March 24, 1986, as amended.
(B) Florida Department of Environmental Regulation, including the submittal of
the approved State permits, relating to Rule 17-730, F.A.C., 'Hazardous
Waste', Rule 17-761, F.A.C., 'Underground Storage Tank Systems'; and
1
Clermont Land Development Code Page 27
Rule 17-762, F.A.C., 'Above Ground Storage Tank Systems'.
Chapter 9 Environmental Protection
SECTION 11: CONTAINMENT STANDARDS
(A) Monitoring Capacity
Except as provided herein, ali storage systems intended for the storage of
hazardous substances shall be designed with the capability of detecting
that the hazardous substance stored in the primary containment has
entered the secondary containment. Visual inspection of the primary
containment is the preferred method; however, other means of monitoring
may be required by the City.
(B) Containment Requirements
Primary and secondary levels of containment shall be required for all
storage systems intended for the storage of hazardous substances, except
as provided herein.
(1) Primary Containment Primary containment is the first level of
containment, such as the inside layer of the container which comes
into immediate contact on its inner surface with the hazardous
material being contained. All primary containment shall be product-
tight.
(2) Secondary Containment Secondary containment is the level of
containment external to and separate from the primary containment
All secondary containment shall be constructed of materials of
sufficient thickness, density, and composition so as not to be
structurally weakened as a result of contact with the discharge of
hazardous substances and sufficient to preclude any hazardous
substances loss to the external environment
(a) Leak-proof trays under containers, floor curbing, or other
containment systems to provide secondary liquid containment
shall be installed of adequate size to handle one hundred ten
percent (110°~) of the volume of the largest container in order
to contain all spills, leaks, overflows, and precipitation until
appropriate action can be taken.
(b) Secondary containment systems shall be sheltered so that the
intrusion of precipitation is inhibited. These requirements
shall apply to all areas of use, production, and handling, to all
storage areas, and to aboveground and underground storage
areas.
Page 28 Clermont Land Development Code
Chapter 9 Environmental Protection
(c) Vacuum suction devices, absorbent scavenger materials, or
other devices approved by the City, shall be present on-site or
available within a time set by the City. Devices or materials
shall be available in sufficient magnitude so as to control and
collect the total quantity of hazardous substances. To the
degree feasible, emergency containers shall be present and of
such capacity as to hold the total quantity of hazardous
substances plus absorbent material.
(C) Inspection and Maintenance
' Procedures shall be established for periodic in-house inspection and
maintenance of containment and emergency equipment Such procedures
shall be in writing. A regular checklist and schedule of maintenance shall
1 be established and a log shall be kept of inspections and maintenance.
Such logs and records shall be kept on-site for inspection by the local
government.
'
(1) Any substantial modification or repair of a storage system, other
than minor repairs or emergency repairs, shall be in accordance
' with plans to be submitted to the City and approved prior to the
initiation of such work.
' (2) A facility owner or operator may make emergency repairs to a
storage system in advance of seeking an approval whenever an
immediate repair is required to prevent or contain an unauthorized
discharge or to protect the integrity of the containment.
' (3) Replacement of any existing storage system for hazardous
substances must be in accordance with the new installation
standards.
' (D) put-of-Service Storage Systems
' (t) Storage systems which are temporarily out of service, and are
intended to be returned to use, shall continue to be monitored and
inspected.
2
A
(
)
ny storage system which is not being monitored and inspected in
accordance with this Article shall be closed or removed in a manner
' approved by the City.
Clermont Land Development Code Page 29
Chapter 9 Environmental Protection
(3) Whenever an abandoned storage system is located, a plan for the
closing, removing or upgrading and permitting of such storage
system shall be filed at a reasonable time as determined by the City.
SECTION 12: HAZARDOUS SUBSTANCE INSPECTION PROGRAM TO
COMPLY WITH FEDERAL LAW
The City in coordination with appropriate Federal, State, Regional and County
entities shall assist in administration of a hazardous substance inspection and
clean up program for the incorporated areas of the City. Said inspection
program shall insure compliance with Title 40 Code of Federal Regulations Parts
260.00-265.00. This regulatory program will be in addition to the requirements of
this Article.
SECTION 13: VARIANCES
No variance will be considered, where the action or requirement in question
clearly is derived from the actions or requirements of federal, State or regional
agencies as part of their permitting processes.
When finding that compliance with any of the requirements of this Article would
result in undue hardship for any person, a variance from any one (1) or more of
such requirements may be granted, provided it is the minimum necessary to
alleviate such undue hardship for the person and to the extent such variance can
be granted without impairing the intent and purpose of this Article.
(A) Request for Exemption. Any person subject to the prohibitions set out in
Sections 5 and 10 may apply to the City Board of Adjustment for a
variance.
(B) Information and Fee Required. The application for a variance shall be in
writing and shall include the provision of the following information to the
City Administrative Official and shall be accompanied by such fee as set
by Resolution of the City Council.
(1) The petitioner's name and address.
(2) The specific provision from which the petitioner is requesting a
variance.
(3) A detailed statement of the facts which the petitioner believes
demonstrates that the request qualifies for variance under
Subsection (C) below.
Page 30 Clermont Land Development Code
' Chapter 9 Environmental Protection
1 (4) A description of the variance described.
(5) The period of time for which the variance is sought, including the
reasons and facts in support thereof.
(6) The damage or harm resulting or which may result to the petitioner
from compliance with the provision.
(7) The steps which the petitioner is taking to meet the provisions from
which the variance is sought and when compliance could be
achieved.
' (8) Other relevant information the petitioner believes supports the
petition for variance.
(9) A concise statement detailing the circumstances which the applicant
feels demonstrate the need for a variance.
' (10) A description of the mechanisms that will be utilized to meet the
criteria required for issuance of the variance as set out in
Subsection (c)(3) below;
11
( ) A written verification b a ualified Florida rofessional en ineer
Y q P g
and Florida certified hydrogeologist that the proposed use or activity
will not result in adverse impacts to the protected welifield potable
water supply; and;
(12) A written agreement to indemnify and hold the City of Clermont
harmless from any and all claims, liabilities, cases of action, or
damages arising out of the issuance of the variance. The City shall
' provide reasonable notice to the permittee of any such claim.
' (C) Review by the City Planning and Public Services Directors
(1) Upon receipt of an adequately completed request for a variance, the
City Administrative Official or designee shall request the following
from the City Planning Director, Public Services Director and/or such
other City, County, Regional, and State agencies as deemed
' necessary:
(a) A written recommendation for 1) issuance, 2) issuance with
' applicable conditions, or 3) denial.
Clermont Land Development Code Page 31
Chapter 9 Environmental Protection
(2) Upon receipt of an adequately completed variance request, the City
Administrative Official or designee shall schedule the request for a
variance at a regularly scheduled City Council meeting.
(3) Criteria for Issuance. The City Council shall grant a variance if the
person applying for the variance demonstrates that adequate
technology exists to isolate the facility or land use from the potable
water supply within the Zone of Protection as defined in Section 3
wherein the proposed facility or land use would be located. At a
minimum, the following issues shall be addressed:
a. substance inventory;
b. containment;
c. emergency collection devices;
d. emergency plan;
e. daily monitoring;
f. equipment maintenance;
g. reporting of spills;
h. potable water well monitoring;
i. alterations/expansions;
j. reconstruction after catastrophe (fire, vandalism, flood,
explosion, collapse, wind, war, or other); and
k. others, as applicable to groundwater protection.
All costs associated with providing protective measures as
referenced above shall be borne by the applicant.
(4) Revocation or Revision. Any variance granted by the City Council
pursuant to this Article shall be subject to revocation or revision by
the City Council for violation of any condition of said variance after
issuance of a written Notice of Intent to Revoke or Revise (certified
mail-return receipt requested or hand delivery). Upon revocation or
revision, the activity will immediately be subject to the enforcement
provisions of this Code.
(5) Other Agency Requirements. Any variance granted by the City
Council pursuant to this Article shall not relieve the permittee of the
obligation to comply with any other applicable federal, state,
regional, or local regulation, rule, ordinance, or requirement Nor
shall said exemption relieve any permittee of any liability for
violation of such regulations, rules, ordinances, or requirements.
Page 32 Clermont Land Development Code
1
Chapter 9 Environmental Protection
(6) New Regulations. Upon adoption of any amendment to this Article
or any regulation that supersedes this Article the variance shall be
subject to the newly adopted regulations.
SECTION 14: APPEALS. ENFORCEMENT. AND PENALTIES.
(A) Enforcement, penalties, appeals, and remedy of matters related to this
Article shall be regulated pursuant to procedures established in this Code.
' (B) Each person who commits, attempts to commit, conspires to commit, or
aids and abets in the commission of any act in violation of this Article
whether individually or in connection with one or more persons, or as a
' principal, agent, or accessory, shall be subject to prosecution as provided
by law.
(C) Each day that a violation of this Article is continued or permitted to exist
without compliance shall constitute a separate offense.
' (D) No development orders, site plan approvals, building permits,
occupational licenses, zoning compliances, or certificates of occupancy
shall be issued to any violator of this Article for a subject in violation until
such violation of this Article has been properly abated to the satisfaction
of the City.
(~ Notwithstanding any other penalty provisions set forth herein, the City of
Clermont may file an action for injunctive relief, including a mandatory
injunction, in the Circuit Court of Lake County in order to prevent any
violation of this Chapter and Code.
Clermont Land Development Code Page 33
Chapter 9 Environmental Protection
APPENDIX A
GENERIC SUBSTANCES UST
Regulated substarwes Include, but are not limited to, the g•n•rk it•rns listed b•lair and by-
products, nactlon products, and west. products generated from the use, handling, storage, or
productbn of these items.
Acid and basic cleaning solutions
Arsenk and ars•nb compounds
Brake and transndssbn fluid
Casting and foundry chemicals
Cleaning solvents
Cutting fluids
Dbinfectants
Explosives
Fin extinguishing chemkab
Fornwidehyde
Gkies, adheslws, and resins
Hydraulic fluid
Industrial and corrurwrcial janitorial
supplies
Inks, Printing. and PhotocoPYbg
chemicals
Uquid storage batteries
f1A•dkal, pharn~aceutkal, dental,
veterinary, and hospital soWtions
Metal finishing soWtions
Paints, pruners, thinners, dyes,
stains, wood preservatives, varnishing
and cleaning compounds
Painting solvents
Pesticides and herbicides
Plastkizers
Poisons
Pool ctwmkals
Radbactiv sources
Refrigerants
Sanitizers, disinfectants, baderkides
and algaecides
Soaps, detergents, and surfactants
Stripping compounds
Transformer and capacitor oils/fluids
Antifreeze and coolants
Bleaches, peroxWaes
Brine solution
Caulking agents and sealants
Corrosion and nest proventbn
D•greasfng solvent
Electroplating solutions
Fertilizers
Food processing wastes
Fueb and additives
Greases
Indicators
Industrial sludges and
stillbottoms
Laboratory chemkats
Mercury and mercury
compounds
Oils
PCBs
Plastic resins, piastkizers, and catalysts
Photo devebpment chemkals
Polishes
Processed dust and partklates
Reagents and standards
Roofing chemicals and sealers
Solders and fluxes
Tanning industry chemicab
Water and wastewater treatment chemkab
Page 34 Clermont Land Development Code
' CHAPTER 1 Q
LEARING GRADING AND ST RMWATER MANAGEMENT
The general goat of this Chapter is to safeguard life, limb, property and the
' public welfare through regulation and control of excavation, grading and
earthwork construction including earth fills and embankments. It is also the
intent of this Chapter to provide adequate stormwater management and drainage
' through proper regulation of all site alteration activities. This Chapter sets forth
rules, regulations and establishes the administrative procedure for issuance of
permits and provides for approval of plans and inspection of site construction.
ARTICLE 1- CLEARING AND GRADING
SECTION 1: PURPOSE AND INTENT
The purpose of this Article is to provide specific criteria for allowable clearing
' and grading in order to prevent potential erosion, flood hazard and to avoid
stormwater drainage impacts on adjoining properties.
' SECTION 2: PERMIT REQUIREMENTS FOR CHANGE OF GRADE
It is hereby unlawful for any person to change or modify the grade of any land
' without obtaining a change of grade permit in accordance with the provisions of
this Chapter. The following procedure shall apply for unsubdivided property or
subdivided lots with no approved development or building plan. However, the
provisions of Article it of this Chapter shall supersede the following for those
activities requiring a stormwater management permit as reflected in Article II of
' this Chapter.
(A) Application Procedure
Application shall be made to the Department of Planning on an appropriate
form provided by the City. Application submittal shall include the
necessary documents and drawings to show the following:
(1) The application form signed by the owner, or authorized agent
' thereof, who shall be required to submit evidence to indicate such
authority;
' (2) The name, address and telephone number of the applicant to which
all notices and communications relating to such application may
thereafter be sent, as well as a brief statement that identifies and
describes the type of work to be covered by the permit for which
application is made, including the need for, and intent of the
proposed work;
Clermont Land Development Code Page 1
Chapter 10 Clearing, Grading, and Stormwater Management
(3) A legal description that indicates the land on which the proposed
work is to be done, by lot, block, tract, or similar description that will
readily identify and definitely locate the proposed site or work;
(4) A statement that estimates the quantities of work involved;
(5) Give such other information as reasonably may be required by the
City Engineer.
(6) Each application shall be accompanied by four (4) sets of plans and
specifications that a minimum provide appropriate information to
address the scope of the project including the following:
(a) Plans shalt be drawn to scale upon substantial media (paper,
cloth, etc.) and shall be of sufficient clarity to indicate the
nature and extent of the work proposed and show in detail
that they will conform to the provisions of this Chapter and ail
relevant laws, ordinances, rules and regulations. The first
sheet of each set of plans shalt give the general vicinity of the
proposed site, location of the work, and the name and
address of the owner and the person by whom they were
prepared. The plans and specifications shall be signed and
sealed by a Professional Engineer registered in the State of
Florida.
(b) Property limits and accurate one {1) foot elevations (contours)
of the existing grade and details of terrain and area drainage.
(c) Limiting dimensions, elevations and finished elevations
(contours) to be achieved by the grading or filling, and
proposed drainage channels and related construction.
(d) Detailed plans of all surface and subsurface drainage devices,
walls, cribbing, dams, and other pertinent devices to be
constructed with, or as a part of, the proposed work together
with a map, diagram, or plot showing the drainage area and
the estimated runoff of the area served by the drains.
(e) The location of any buildings or structures on the property
where the work is to be performed and the location of any
buildings or structures on land of adjacent owners which are
within fifteen (15) feet of the property or which may be
Page 2 Clermont Land Development Code
li
' Chapter 10 Clearing, Grading, and Stormwater Management
' affected by the proposed grading or filling operation.
Specifications shall contain information covering construction
and material requirements.
' (f) The location of surface waters on the property including lakes,
streams, ponds and the final disposition of the waters outfall.
' (g) All elevations must be stated in National Geodetic Vertical
Datum (NGVD) and this fact indicated in a note on the plan
' sheet
(h) All existing trees six (6) inches or over at 4 1/2 feet above the
existing grade; other vegetation depicted by canopy area or
spread with average density, height, and trunk dimensions;
the trees and vegetation to be removed shall be clearly noted.
' (i) When required by the City Engineer, each application shall be
accompanied by two (2) sets of plans and specifications, and
' supporting data consisting of a soil engineering report and
engineering geology report. Data provided in the report shall
at a minimum meet criteria established in the publication,
' STANDARD EXCAVATION AND GRADING CODE, of the
Southern Building Code Congress International (SBCCI). The
plans and specifications shall be signed and sealed by a
' Professional Engineer registered in the State of Florida.
(B) Standards of Review
1 The extent to which the actual or intended use of the ro e
() P PrtY
' requires changes in grade.
(2) The effect that changes in the natural or existing grade will have on
' drainage and its impact on adjoining properties.
(3) The extent to which the area would be subject to erosion, flood
hazard, increased water run off or other environmental degradation
or receiving waters due to change of grade and removal of
vegetation and trees.
' (4) The need for visual screening in transitional areas, or relief from
glare, blight, dust control, commercial or industrial unsightliness or
' any other affront to the visual or aesthetic sense in the area.
Clermont Land Development Code Page 3
Chapter 10 Clearing, Grading, and Stormwater Management '
(5) The desirability of preserving any tree by reason of tts size, age or
some other outstanding quality such as uniqueness or rarity.
(6) The effect that changes in the natural existing grade wilt have on the
trees to be protected and preserved.
(7) The heightened desirability of preserving or enhancing vegetative
communities, including ground cover and tree cover in densely
developed and/or populated areas.
SECTION 3: CHANGE OF GRADE -APPROVED DEVELOPMENT PLANS
The approval of final development plans and subsequent issuance of a
development permit thereafter, shall authorize al! grading shown on the
approved plans without issuance of a separate permit. However, ail property
grading shall be designed to provide positive drainage of the property to a public
conveyance or designated stormwater detention/retention area. The finished first
floor elevation of any building or structure shalt be eighteen inches (18'~ above
the lowest adjacent road centerline grade, unless specifically approved by the
City Engineer based on the existence of positive drainage away from the street
frontage. Ali soil and tree preservation measures required by this Code shall be
applicable. The implementation of these measures shall be agreed upon during
a preconstruction meeting, including necessary inspection.
SECTION 4: GRADING OF LOTS EXEMPT FROM DEVELOPMENT PLAN
No person shall do any grading without first having obtained a grading permit
from the City except as follows:
(a) An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid
building permit This shalt not exempt any fill made with the
material from such excavation nor exempt any excavation having an
unsupported height greater than five (5) feet after the completion of
the structure.
(b} Excavations for wells or tunnels or utilities.
(c) An excavation which:
(1) is less than two {2) feet in depth; and
(2) does not create a cut slope that is greater than five (5) feet in
height and steeper than one and one-half (1 1/2} horizontal to
one (1) vertical.
Page 4 Clermont Land Development Code
Chapter 10 Clearing, Grading, and Stormwater Management
Excavation shall mean 'to cut, scoop, dig or expose to view by digging away a
' covering, either by mechanical means or by hand'.
' SECTION 5: ISSUANCE OF PERMIT
The application, plans, and specifications filed by an applicant for a permit shall
' be checked by the Department of Planning and City Engineer. Such plans may
be reviewed by other City departments to check compliance with the laws and
ordinances under their jurisdiction. If the departments are satisfied that the work
described in the application and the plans filed therewith conform to the
requirements of this Code and other pertinent laws and ordinances, and that all
applicable fees have been paid, the Director of Planning shall issue a permit to
' the applicant.
When a permit it formally issued, it will be endorsed in writing and stamped
'Approved' on all sets of plans and specifications. Such approved plans and
specifications shall not .be changed, modified, or altered without authorization
from the Department of Planning and City Engineer, and all work shall be done in
' accordance with the approved plans.
(A) Retention of Plans
One set of approved plans, specifications, computations and reports shall
be retained by the City for review and assurance of the completion of the
' work covered therein, and one set of approved plans and specifications
shall be returned to the applicant The applicants set shall be kept on the
site at all times during the period where work authorized thereby is in
' progress.
(B) Validi .
The issuance or granting of a permit or approval of plans and
specifications shall not be construed to be a permit for, or an approval of,
any violation of any of the provisions of this Code. No permit presuming
to give authority to violate or cancel the provisions of this Code shall be
valid, except insofar as the work or use which it authorizes is lawful.
The issuance of a permit based upon plans, specifications, and reports
shall not prevent the City from thereafter requiring the correction of errors
in said plans and specifications. The City may require that grading
operations and project design be modified if delays occur which incur
' weather-generated problems not considered at the time the permit was
issued.
Clermont Land Development Code Page 5
Chapter 10 Clearing, Grading, and Stormwater Management
(C) Expiration
Every permit issued by the City under the provisions of this Code shall
expire by limitation and become null and void, if the work authorized by
wch permit is not commenced within one (1) year from the date of such
permit. The work authorized by such permit shall not be suspended or
abandoned at any time after the work is commenced but shall be c;atried
through to completion.
(D) Suspension or Revocation
The City may, in writing, suspend or revoke a permit issued under
provisions of this Code whenever the permit is issued in error or on the
basis of incorrect information supplied, or in violation of any ordinance or
regulation or any of the provisions of this Code.
SECTION 6: REQUIRED SOIL CONSERVATION MEASURES
The following soil conservation measures shall be taken on all clearing and
grading sites:
(A) During Construction
Methods approved by the City shall be used to prevent erosion and the
depositing of soils off of the site. This shall include the protection of bare
soils from both water and wind (eolian) forces.
(B) After Construction
All disturbed areas shall be sodded or seeded and mulched, as required
by the City's Standard Construction Details. The removal or lack of
maintenance of vegetation resulting in on-site or off-site erosion or wind-
blown loss of soils shall be deemed a violation of this Code.
SECTION 7: BURYING OF MATERIAL PROHIBITED
The burying of rubbish, logs, lumber, building materials, underbrush, trash or
other matter is hereby determined to be a change or modifcation of the grade of
land for which no permit shall be issued.
Page 6 Clermont Land Development Code
Chapter 1 ~ Clearing, Grading, and Stormwater Management
SECTION 8: VIOLATION AND ENFORCEMENT
(A) Restoration Plan Required
A11 violations of this Code involving the unauthorized removal of trees or
vegetation shall require the land owner to file a restoration plan as
outlined in Article Ii, Chapter 9.
(B) Referral to Code Enforcement Board
' Other violations of this Code involving reversible conditions may be
referred to the Code Enforcement Board.
(C) ~toc- Work Order
' A stop work order shall be issued for ali sites found in violation upon
which construction has been authorized. No further City permits for the
subject property or projects shall be issued, or attendant inspections
' completed, until such violations are corrected or a restoration plan has
been accepted by the City. This shall include the certificate of occupancy
for the attendant structure.
ARTICLE 11: STORMWATER MANAGEMENT
SECTION 1: PURPOSE AND INTENT
The purpose of this Article is to preserve the water resources of the City, which
are critical to the public health, safety and welfare of its citizens; control
stormwater runoff so as to prevent erosion, sedimentation and flooding; and
encourage recharge of the aquifer upon which the public depends for potable
fresh water.
(A) The requirements hereafter are designed to allow landowners reasonable
use of their property while promoting the following objectives:
' (1) Prevent significant loss of life and property due to runoff from any
foreseeable rainfall event;
' (2) Protect the quantity and quality of ground and surface waters;
(3) Maximize protection of Outstanding Florida Waters;
(4) Reduce the capital expenditures associated with flood-proofing and
the installation and maintenance of storm drainage systems;
Clermont Land Development Code Page 7
Chapter 10 Clearing, Grading, and stormwater Management '
(5) Perpetuate recharge Into the ground water systems; ,
(6) Alleviate downstream flood hazards;
(7) Prevent the lowering of existing water table elevations to the '
detriment of these other stated objectives;
(S) Reduce wind or water caused erosion, loss of valuable top soils and
subsequent sedimentation of surface water bodies;
(9) Minimize the adverse impact of development on the water resources
of the City, Lake County and State of Florida; and
(10) Discourage reliance on devices which depend on the use of '
electrical energy or petroleum fuels to move water, remove
pollutants or maintain the systems. '
(B) The following general criteria shall apply to all public and. private
improvements:
(1) Maintain Predevelopment Conditions - In general, neither the rate
nor the quantity of stormwater runoff shall be increased. While
development activity is underway and after it is completed, the
characteristics of stormwater runoff shall not exceed the rate,
volume, quality and timing of stormwater runoff that occurred under
the site's natural unimproved or existing state.
(2) Predevelopment and Postdevelopment Runoff -The proposed
stormwater management system shall be designed and sized to
accommodate the rate and quantity of stormwater that originates
within the development and that which historically flows onto or
across the site from adjacent properties. The adopted City-wide
drainage specification shall be provided as follows:
10 year 2 Hour Storm Event; (Pre and Post-development
discharge volume design at 50 year 24 hour Storm Event;
40C-42, F.A.C. for OFW waters; and, 40C-4 and 40C-40 for
closed basins, where applicable)
(3) Provide Necessary Facilities -All site alteration activities shall
provide for such water retention and settling structures and flow-
attenuation devices as may be necessary to insure that the
foregoing standards and requirements are met
Page 8 Clermont Land Development Code
Chapter 10 Clearing, Grading, and Stormwater Management
(4) Nonstructural Approach Preferred -When possible, the nonstructural
approach shall be used to meet both surface water quality and
quantity requirements.
(5) Stand-Alone Systems -The drainage system for each phase of a
development shall meet the requirements of this Code. Such
system shall be functionally independent of planned but unbuilt
phases of the development project in question.
(6) Maintain Existing Surface Drainage -Site alteration shall not
adversely affect existing surface water flow patterns. To the
greatest extent feasible, drainage subbasin boundaries shall be
maintained.
' (~ Natural Drainageways and Watercourses - To the maximum extent
practicable, natural systems shall be utilized to accommodate
stormwater. Developments that contain an existing natural
drainageway or watercourse shall maintain and incorporate such
features into the project design. Drainage system design shall
insure that sediment or contaminants from runoff will not enter such
natural drainageways.
(8) Prevent Adverse Impact -Site alteration shall not cause siltation of
wetlands, pollution or alteration of downstream wetlands, or reduce
the natural retention or filtering capabilities of wetlands and
designated flood plains.
(9) Maximize Recharge -Properties shall be developed to maximize the
' amount of natural rainfall which is infiltrated into the soil and to
minimize direct overland runoff into adlo~ning streets and
watercourses.
(10) Drainage Easement, General -Where necessary and as otherwise
prescribed or required in this Code, easements for drainage
facilities, as approved by the Site Review Committee and City
Engineer, shall be provided. Such easements shall be shown on the
' required plans and approved, and/or title conveyed to the City, in
the applicable manner set forth in this Code.
Clermont Land Development Code Page 9
Chapter 10 Clearing, Grading, and Stormwater Management '
SECTION 2: PROHIBITIONS AND EXEMPTIONS
(A) Prohibitions
No person may develop or make any change in the use of land or
construct a structure or change the size of a structure, except as
exempted herein, without first obtaining a stormwater management permit
as provided herein. For the purpose of this Article, the following
development may potentially alter or disrupt existing Stormwater runoff
patterns, and as such, will, unless exempted in Section 2(B), require a
permit prior to the commencement of construction:
(1) Changing the use of land and/or the construction of a structure or a
change in the size of one or more structures;
(2) Clearing and/or drainage of land as an adjunct to construction;
(3) Replatting recorded subdivisions and the development of recorded
and unrecorded subdivisions;
(4) Subdividing land;
(5) Altering the shoreline or bank or any surface water body;
(6) The permanent (long period) lowering of the water table;
(7) Clearing and/or draining of non-agricultural land for agricultural
purposes;
(8) Converting agricultural lands to non-agricultural uses;
(B) Exemptions
The following activities shall be exempt from this Article, except that steps
to control erosion and sedimentation must be taken for all development:
(1) The construction of a single family or duplex dwelling unit and
accessory structures on a single parcel of land unless the slope is
7% or greater;
(2) Any development within a subdivision if each of the following
conditions have been met:
Page 10 Clermont Land Development Code
' Chapter 10 Clearing, Grading, and Stormwater Management
(a) Stormwater management provisions for the subdivision were
previously approved and remain valid as part of a final plat or
development plan, and;
' (b) The development is conducted in accordance with stormwater
management provisions submitted with the final plat. or
' development plan.
(3) Maintenance work performed on existing drainage conveyance
' courses for the purpose of public health and welfare, provided such
maintenance work does not alter the quality, rate, volume, or
location of stormwater flows or runoff on the site or affect the
' ~ purpose and intent of the drainage system as constructed;
(4) Maintenance work on utility or transportation systems, provided
such maintenance work does not alter the quality, rate, volume, or
location of stormwater flows or runoff on the site or affect the
purpose and intent of the drainage system as constructed;
(5) Action taken under emergency conditions to prevent imminent harm
or danger to persons, or to protect property from imminent fire,
' violent storms, hurricanes or other hazard. A report of the
emergency action shall be made to the City Manager as soon as
practicable.
' SECTION 3: STORMWATER MANAGEMENT PERMIT REVIEW
An application for a stormwater management permit shall be filed, processed
and approved in the following manner:
' (A) Determination of Exem,~tion
' In cases where it is not clear that a proposed development is exempt from
this Article, a request for determination of exemption shall be submitted.
' (1) The request for determination of exemption shall be filed with the
City Manager.
' (2) The request for determination of exemption shall contain three (3)
copies of the following information:
' (a) A statement signed by the owner/developer which certifies
that the development will:
1
Clermont Land Development Code Page 11
1
Chapter 10 Clearing, Grading, and Stormwater Management '
(1) Not obstruct any existing flow of stormwater runoff; and '
(2) Not drain stormwater onto adjacent lands not now
receiving runoff or increase off-site Stormwater volumes
or runoff rates from the proposed development area.
(b) An application form containing the following information and
exhibits:
(1) Name, address and telephone number of the applicant;
(2) Location map, address and legal description of the
proposed development;
(3) Statement expressing the scope of the proposed
development;
(4) Schedule of proposed development;
(5) Sketch showing existing and proposed structures,
paving and drainage patterns; and
(6) Review fee as adopted by resolution of the City Council.
(c) It is the responsibility of the applicant to include in the
request for determination of exemption sufficient information
for the City to evaluate the application and the acceptability of
those measures proposed.
(3) within ten (10) workings days after filing, the City shall determine
whether or not the preliminary application is complete. 1f it is
determined that it is complete, the City shall process the application.
If it is determined to be incomplete, it shall be returned to the
applicant.
(4) After receiving a complete preliminary application, the City shall,
within ten (10) working days, determine and then notify the applicant
that either the proposed development is exempt or that a standard
permit shall be applied for.
(5) In making a determination of exemption from the permitting
procedures, the City shall consider:
Page 12 Clermont Land Development Code
Chapter 10 Clearing, Grading, and Stormwater Management
(a) Whether or not the proposed project is exempt pursuant to
Section 2(B);
(b) Whether or not the proposed project will increase the rate or
volume of runoff from the existing site;
(c) Whether or not the proposed project will adversely affect
water quality;
(d) Whether or not there are other criteria which would require a
standard or less application; and
(e) Whether or not a St. Johns River Water Management District
or other jurisdictional agency permit is required.
(6) Upon malting a determination under sub-section (5), the City
Manager will notify the applicant in writing.
(7) If it is determined that the proposed development is exempt, the
applicant is authorized to commence and complete construction of
only the development described in the request for determination of
exemption. No construction shall commence until a St. Johns River
Water Management District or other jurisdictional agency permit is
approved, if required.
(8) Upon notification of non-exemption, the applicant may appeal the
determination by filing a request with the City Manager, within ten
(10) working days. A final determination shall be made by the City
Council within thirty (30) days.
(B) Concurrent Review
Where a project requires subdivision or site development plan approval,
ail review shall be done concurrently under the appropriate approval
process, and no separate permit shall be required. Plans and exhibits
required by Subsection (C)(1) below may be combined with other plans
and exhibits required by this Code for development plan review.
(C} Stormwater Permit Application and Review
Where no additional development review is required, application shall be
made directly to the Department of Planning.
Clermont Land Development Code Page 13
Chapter 10 Clearing, Grading, and Stormwater Management
(1) Application shall consist of three (3) copies of a!I required
information, accompanied by the appropriate review fee. The
following plans and information, prepared by a Professional
Engineer registered in the State of Florida shall be submitted with
the application:
(a) A detailed site development plan, including a general location
map and the location of all existing and proposed pavement
and structures;
(b) Topographic maps using National Geodetic Vertical Datum
(NGVD) of the site and all adjacent contributing and receiving
areas before and after the proposed alterations;
(c) Information regarding the types of soils and ground water
conditions existing on the site;
(d) General vegetation maps of the site before development and a
plan showing the landscaping to be performed as part of the
project;
(e) Construction plans, specification, and computations
necessary to indicate compliance with the requirements of
this Article;
(f) Additional information necessary for determining compliance
with this Article as the City may require; and
(g) Additionally, for larger developments, a hydrograph for the
proposed development may be required, particularly in those
areas where the cumulative impact of the outflows on
downstream flows are of concern.
(2) Within fifteen (15) working days of filing of the application, the City
will determine whether or not the application is complete. If the
application is determined to be incomplete, it will be returned to the
applicant.
(3) If the application is determined to be complete, the City Engineer
and the Site Review Committee will commence review, and within
fifteen (15) working days after the determination of a complete
application, the City shall approve, approve with conditions, or deny
the application.
Page 14 Clermont Land Development Code
~~
Chapter 10 Clearing, Grading, and Stormwater Management
' SECTION 4: PERFORMANCE. REVIEW AND DESIGN STANDARDS
(A) Basic Performance and Design Standards
' Stormwater management system design shall conform with the following
performance standards:
(1) Stormwater runoff shall be subjected to the best management
practice prior to discharge into natural or artificial drainage systems.
Best management practice shall mean a practice or combination of
practices determined by the City to be the most effective, practical
means of preventing or reducing the amount of pollution generated
' by the project to a level compatible with Florida water quality
standards found in Chapter 17-3, Florida Administrative Code.
(2) No site alteration shall cause siltation of wetlands, pollution of
downstream wetlands or reduce the natural retention or filtering
capabilities of wetlands or designated flood plains.
' (3) Stormwater management design shall be established upon the
applicable levels of service (LOS) criteria designated in the
' Comprehensive Plan pursuant to site specific considerations of the
property being developed.
t (4) All site alteration activities shall provide for such water retention,
settling structures, and flow attenuation devices as may be
' necessary to insure that the foregoing standards and requirements
are met
(5) Design of water retention or detention structures and flow
attenuation devices shall be subject to the approval of the City
pursuant to the standards hereof. Detention structures shall be
' designed to release runoff to the downstream drainage system over
a period of time so as not to exceed the capacity of the existing
downstream system. The City shall utilize adopted standard design
t details for retention areas, including acceptable depths and side
slopes.
' (6) In order to maintain good water quality in stormwater management
detention ponds and maximize the provisions of fish and wildlife
habitat, stormwater management systems with permanently wet
' detention ponds should be designed, operated and maintained so as
to resemble a natural pond to the greatest extent practicable. A
natural pond design should include: a littoral zone comprised of
Clermont Land Development Code Page 15
1
Chapter 10 Clearing, Grading, and Stormwater Management
native emergent and submersed aquatic macrophytic vegetation; a
deep open water limnetic zone free of rooted emergent and
submersed vegetation; and, where feasible, an upland buffer of
native trees, shrubs and understory vegetation.
(>~ A positive drainage system shall be provided which will not
adversely impact downstream owners or adjacent lands.
(8) Where possible, natural vegetation shall be used as a component of
the drainage system. The water table should not be manipulated so
as to endanger natural vegetation beneficial to water quality unless
natural vegetation can be replanted and survive with a lowered
water table condition.
(9) Runoff from higher adjacent lands shall be considered and
provisions for conveyance of such runoff shall be included in the
drainage plan.
(10) Runoff shall be treated to remove oil and floatable solids before
discharge from the site in a manner approved by the City.
(11) Erosion by wind and water shall be prevented by the developer
throughout the construction process.
(12) Direct discharge to Class III or Outstanding Florida Waters is
prohibited. A workable filter system must be provided prior to any
discharge to Class 111 or Outstanding Florida Waters.
(13) No site alteration shall allow water to become a health hazard or
contribute to the bceeding of mosquitoes.
(14) Runoff computations shall be based on the most critical situation
(rainfall duration, distribution and antecedent solid moisture
condition) and conform to acceptable engineering practices using
rainfall data and other local information applicable to the affected
area.
(15) The design and construction of the proposed stormwater
management system shall be certified as meeting the requirements
of this Code by a Professional Engineer registered in the State of
Florida.
(16) No surface water may be channeled or directed into a sanitary
sewer.
Page 16 Clermont Land Development Code
1
Chapter 10 Clearing, Grading, and Stormwater Management
(B) Review Standards
In reviewing and approving the application, the City shad consider, where
appropriate, the following minimum standards:
(1) The characteristics and limitations of the soil at the proposed alts
with respect to percolation and infiltration;
(2) The existing topography of the site and the extent of topographical
changes after development;
(3) The plans and specifications of structures or devices the applicant
intends to employ for on-site stormwater retention/detention with
filtra#ion, erosion control and flow attenuation;
(4) The impact the proposed project wilt have on downstream water
quantity and quality and specifically the potential for downstream
flooding conditions;
(5) The method of handling upland flow which presently discharges
through the sites;
(6) The continuity of phased projects. Phased projects will require the
'
' submission of an overall plan for the applicant
s total land holdings;
(7) The existing hydrologic cycle of the proposed site and the impact of
the proposed alterations on the existin
h
drolo
ic c
cle
g
y
g
y
;
(8) The impact the proposed project will have on the natural recharge
' capabilities of the site;
(9) The existing vegetation of the site, the extent of vegetational
changes after development, and the threat posed to vegetation that
is endangered or indigenous to wetlands;
1
(
0) The adequacy of easements for drainage systems in terms of both
runoff conveyance and maintenance;
(11) The effectiveness of wind and water erosion control measures
during construction;
'
(12) Standards and requirements of any other governmental jurisdiction;
1
Clermont Land Development Code Page 17
Chapter 10 Clearing, Grading, and Stormwater Management '
(13) The maintenance entity responsible for upkeep of the system upon '
its completion;
(14) The effect the proposed stormwater management system will have '
upon mosquito breeding habitat.
SECTION 5: ISSUANCE OF DEVELOPMENT PERMITS '
Upon review of the application and determination of the Site Review Committee
(SRC), the Department of Planning will notify the applicant, in writing, of the '
disposition of tha permit.
(A) Issuance of Stormwater Management Permit '
The City Engineer shall notify the Department of Planning immediately
upon the approval of the application. Upon the satisfaction of any ,
approval conditions, and presentation of any other required County,
Regional, State or Federal agency permits required for the proposed
construction, the City shall issue the stormwater management permit. '
(B) Denial of Application
When an application has been denied, the Department of Planning shall
notify the applicant, in writing, stating the reasons for denial.
SECTION 6: MAINTENANCE
The installed system(s) required by this Article shall be maintained by the owner
except where the City specifically accepts a certain system for maintenance. All
areas and/or structures to be maintained by the City must be conveyed to the
City by plat or separate instrument and accepted by the City Council. The
system(s) to be maintained by the owner shall have adequate easements to
permit the City to inspect and, if necessary, to take corrective action should the
owner fail to maintain the system(s).
SECTION 7: ENFORCEMENT
Any changes or amendments to the approved plans must be approved by the
City Engineer and Site Review Committee prior to construction. If the completed
development appears to deviate from the approved plans the City shall require
the developer to submit as-built plans of the completed project. City inspectors
shall be granted inspection rights and right-of-entry privileges in order to insure
compliance with the requirements of this Article.
Page 18 Clermont Land Development Code
' Chapter 10 Clearing, Grading, and Stormwater Management
(A) If the City determines that the project is not being carried out In
acxordance with the approved plans or If any project subject to this Article
is being carried out without a permit it is authorized to:
r (1) Take actions authorized under Chapter 3 of this code; or
' (2) Issue estop-work order directing the applicant or person in
possession to cease and desist all or any portion of the work which
violates the provisions of this Article.
' (B) Should the owner fail to properly maintain the system(s) the City shall give
wch owner written notice of the nature of all required corrective action
' necessary. Should the owner fail to within thirty (30) days from the date of
the notice take, or commence taking the necessary corrective action, the
City may either enter upon the property take corrective action and place a
' lien on the property of the owner for the costs thereof, or bring an action
before the City's Code Enforcement Board in order to obtain compliance
herewith.
' SECTION 8: EMERGENCY EXEMPTION
' This Article shall not be construed to prevent the doing of any act necessary to
prevent material harm or destruction of real or personal property as a result of a
present emergency, including but not limited to fire or hazards resulting form
' violent storms or hurricanes or when the property is in imminent peril and
necessity of obtaining a permit is impractical and would cause undue hardship in
the protection of the property.
' Are rt of an such emer enc action shall be made to the Ci Mana er b the
Po Y 9 Y tY 9 Y
owner or person in control of the property upon which emergency action was
' taken as soon as practicable, but not more than ten (10) days following such
action. Remedial action may be required by the City Engineer or City Manager,
subject to appeal to the City Council in the event of dispute.
Clermont Land Development Code Page 19
CHAPTER 11
' SITE DEVELOPMENT. ENGINEERING
AND MASTER PLAN APPROVAL
SECTION 1: GENERAL PROVISIONS
The provisions of this Chapter are in addition to those for the subdivision of
' land, where sale of individual lots are also proposed.
The intent of Development Plan Review is to set forth uniform procedures, weli-
defined application processes and information requirements that ensure that
development of individual sites within the City of Clermont is consistent with all
applicable minimum development standards, that the approval of such
development will be based upon the provision and availability of adequate public
facilities and services coincident with the impact of the development, and that
the development is compatible and coordinated with existing and anticipated
' development within the immediate area surrounding the site.
Development Plan Review may include up to three parts, Site Plan Review,
Engineering Plan Review and, when applicable, Master Plan Review, ail of which
may be accomplished concurrently if desired by the applicant Each of the three
Development PIan.Review processes are intended to define the relationship of
and differentiate between overall and specific site design considerations and
technical engineering and construction requirements.
SECTION 2: APPLICABILITY OF DEVELOPMENT PLAN REVIEW
Pursuant to requirements specified within Chapter 3, Section 2(A) of this Code,
no development activity shall be undertaken unless the activity is authorized by a
Development Permit A development permit may not be issued unless
authorized by a Development Order reflecting conformance with requirements of
this Code, or specific exemption to development order requirement is delineated
pursuant to Chapter 3, Section 2(B) of this Code.
' Further, it shall be unlawful to commence the construction or alteration of any
building, structure, land or vehicular parking or circulation area until the
' Administrative Official, or duly authorized representative thereof, has issued a
Site Development Permit authorizing such work. Any owner or the owner's
authorized agent who desires to construct, enlarge or alter any building,
structure or land, or to cause any such work to be done, shall first make
application to the Administrative Official and obtain a Site Development Permit.
Clermont Land Development Code Page 1
1
Chapter 11 Site Development, Engineering and Master Plan Approval '
SECTION 3: SITE PLAN REVIEW PROCEDURES
The applicant shall initiate Site Plan Review Procedures set forth in this Section
before or concurrently with the initiation of Engineering Plan Review Procedures
for applicable parcels. All applications shall be in the form required and
provided by the City. Such application shall be submitted to the City together
with the fee established in the manner prescribed by this Code and all
supplemental data or information necessary to permit determination of the
proposed use's compliance with this Code, such application form, supplemental
data and fee being collectively hereinafter called "the completed application'.
The procedure for review of a Site Plan shall be as follows:
(A) Analication -The applicant when requesting approval of a Site
Development Plan shall submit at least six (6) copies of the site plan, the
supplementary materials required to accompany such plan, and the fee
established in a manner prescribed by this Code to the City. The Site Plan
and supplementary materials shall be in the form prescribed in Section 4,
below. No application shall be deemed accepted unless it is complete.
If the proposed construction or alteration conforms with all applicable
provisions of this Code, the City shall issue a Site Development Permit
authorizing such construction or alteration. If the proposed construction
or alteration fails to so conform, the Administrative Official shall deny the
application for a Site Development Permit, giving written notice to the
applicant of the reasons for the denial. The Administrative Official shall
act upon applications for Site Development Permits within ten (10) working
days from the date of submission of the completed application.
(B) Validi -The issuance of a Site Development Permit by the Administrative
Official shall not waive any provision or requirement of this Code nor shall
failure by the Administrative Official to specify one or more reasons for
denial of an application for a Site Development Permit preclude such
reasons being specified in denying any reapplication for such Site
Development Permit.
(C) Duration -Every Site Development Permit issued shall become invalid if
the work authorized by the permit is not commenced and substantial
construction work effected within twelve (12) months after its issuance or
if the work authorized by the permit is suspended or abandoned for a
period of three (3) months after the time the work is commenced. One or
more extensions of time, not to exceed six (6) months each or two (2) in
number, may be granted for cause by the Administrative Official and such
extension noted on the Site Development Permit.
Page 2 Clermont Land Development Code
' Chapter 11 Site Development, Engineering and Master Plan Approval
' (D) Uncompleted Structure - No building or structure not completed in
conformity with the plans and specifications upon which the Site
Development Permit was issued shall be maintained or be permitted to
remain unfinished beyond the term of the Site Development Permit's
' validity. Further, no person, firm or corporation shall construct, enlarge,
alter or repair or improve any building, structure or premises after
' expiration of the validity of the Site Development Permit originally
authorizing such work unless authorization for extension has been formally
granted by the Administrative Official.
' (E~ Recommendation by Site Plan Review Committee -Upon acceptance of the
proposed Site Plan, the Director of Planning shall distribute copies of the
proposed Site Plan to the Site Review Committee. The Site Review
Committee shall meet within ten (10) business days of acceptance of the
proposed Site Pian to consider the application. Within five (5) business
' days following the Site Review Committee's meeting to consider the
proposed Site Plan, the City, shall either,
' (1) Request that additional information, revisions, modifications,
clarification or other data applicable to the site plan application be
provided or accomplished by the applicant or his agent, and/or:
' (2) Prepare a written recommendation to approve, approve with
conditions or deny the site plan application and transmit such
' recommendation to the owner or their authorized agent.
(F7 General Standards for Consideration of Proposed Site Plan -Before any
' proposed site plan may be approved, the Site Review Committee must and
shall find all of the following:
' (1) That the proposed site plan is consistent with all applicable goals,
objectives, policies and standards in the City of Clermont
' Comprehensive Plan.
(2) That the proposed site plan meets or exceeds all applicable
' minimum standards and requirements as set forth in this Code.
(3) That the impacts of the proposed development indicated on the site
' plan will be compatible with existing and anticipated land use
activities in the immediate neighborhood and that such application
will not be injurious to the area involved or otherwise detrimental to
' the public interest, safety or welfare.
Clermont Land Development Code Page 3
Chapter 11 Site Development, Engineering and Master Plan Approval
(4) That adequate facilities and services necessary to serve
development associated with the proposed site plan will be available
and in place at the time of impact of development or any phase
thereof.
SECTION 4: $ITE PLAN SUBMITTAL REQUIREMENTS
An approved alts plan is required prior to issuance of any building permit. All
site plans and required supplementary materials, that require review by the Site
Review Committee, shall cover the entire parcel proposed for development
unless such site plan and required supplementary material is based on a Master
Plan approved and filed in the Office of the Administrative Official in acxordance
with this Code. All site plans shall contain at least the following data and
information:
(A) Site Plan Sheet Format -Site plans shall be drawn at a scale of one inch to
fifty feet (1' : 50') or larger. The maximum sheet size for site plans shall
not exceed 24 inches by 36 inches. Multiple sheets may be used provided
each sheet is numbered and the total number of sheets is indicated on
each sheet Cross referencing between sheets is indicated or each sheet
Cross referencing between sheets shall be required. Necessary notes and
symbol legends shall be included. Abbreviations should be avoided but if
used they shall be defined in the notes.
(B) General information
(~)
(2)
(3)
The identification 'Site Plan' on each sheet and statement of
intended use of site.
Legend, including:
(a)
(b)
(c)
(d)
(e)
(fl
(g)
Name of Project or Development
Legal Description
Acreage
Scale
North Arrow
Existing Zoning and Other Special Districts
Preparation/Revision Date
Name, Address and Phone Number of:
(a) Owner
(b) Owner's Authorized Agent
Page 4 Clermont Land Development Code
Chapter 11 Site Development, Engineering and Master Plan Approval
(c) Engineer
(d) Surveyor
(e) Others involved in application
(4) Vicinity Map -Show relationship of site to surrounding streets,
thoroughfares and public facilities at a scale of 1 ":2000' or larger.
(5) Site Data -Ali linear dimensions of the site.
(C) Existing Conditions
(1) Existing Streets - On, adjacent to, across or opposite any right-of-
way from, and within 50 feet of the site, including:
' (a) Name
(b) location
(c) Right-of-way Width
' (d) Driveway Approaches
(e) Medians and Median Cuts
(2) Existing Easements -Indicate location, dimensions, purpose and
maintenance responsibility.
' (3) Existing utilities -Provider, location and size.
' (4) Existing On-Site Improvements and Uses:
a
() Each buildin and structure shall be individual) i nti
g y de fled or
numbered. Existing use, square footage and number of floors,
seating capacity, or dwelling units, as applicable, shall be
provided.
' (b) All Vehicular use areas (i.e. parking spaces, including
handicapped spaces, loading spaces, fire lanes, etc.).
' (c) All other impervious surfaces including side walks and
pedestrian ways.
' d Th
(
) e total net square footage and net percentage of the
useable site area to be covered by any form of impervious
' surface.
Clermont Land Development Code Page 5
1
Chapter 11 Site Development, Engineering and Master Plan Approval ,
(e) All existing and proposed building restriction fines (i.e. '
highway and service road setback lines, building setback
lines, covenant restriction setbacks, eta
(5) Adjacent Improvements, Uses and Zoning -Identify adjacent
buildings, structures, curb cuts, accessways, other vehicular use
areas and other impervious surfaces that are located within fifty (50) ,
feet of the site; and, designate the existing land use and zoning
district classification of ail parcels abutting the site. '
(6) Topography - At one (1) foot contours and extending 25 feet beyond
the property boundaries. '
(7) Soil type(s) - As identified in the Soil Survey, Lake County, Florida,
U.S.D.A. Soil Conservation Service or other competent expert '
evaluation. When soil suitability limitations are indicated for the
proposed development, the City Engineer may require a preliminary
soil analysis by a qualified soils engineer. ,
(S) Drainage -Depict and, if necessary, explain existing surface
drainage characteristics of the site including relationship to adjacent '
properties.
(9) '100 Year' Fioodplain -Identify and indicate the fioodplain limits as
established by HUD `Flood Insurance Rate Map (FIRM)", or other
acceptable source, as applicable.
(10) Surface Water -Approximate normal high water elevation or
boundaries of existing surface water bodies, streams and canals, to
include direction of flow, both on and within 50 feet of site.
(11) Wetlands - As identified by the St. Johns River Water Management
District Wetlands Mapping or other competent evaluation.
(12) Signs -Location, size and type.
(D) Proposed Development
(1) Proposed Buildings and Structures individually identified by name,
number, symbol or other appropriate system, including the following
information:
Page 6 Clermont Land Development Code
' Chapter 11 Slte Development, Engineering and Master Plan Approval
' (a) Location
(b) Proposed use for each building or portion thereof, as
applicable.
(c) Dimensions and when applicable height.
' (d) Gross floor area for nonresidential uses in square feet by
building, number of floors, use and total.
(e) Floor plan for nonresidential buildings including seating or
person capacity, as applicable.
(f) Number of dwelling units by building, by type of dwelling unit
and total.
' (g) Density by type of residential land area (one family, two
family, manufactured home or multiple family) and for total
residential land area.
' (h) Net density in same manner as f., above, except exclude land
area that is unsuitable for development (i.e. wetland areas).
' (i) Preliminary architectural elevations, to include existing and
final grade; and, finished first floor elevation.
Q) Spaces for Manufactured Homes or Travel Trailers -
' Individually identify each space and indicate dimension and
characteristics of typical space and the manner in which a
typical manufactured home or travel trailer will be located
' within such space.
(k) Impervious Surface Coverage -Indicate the total net amount
of impervious surface coverage in square footage and as a
' percent coverage of the site.
(2) Required Yards, Setbacks, Buffers and Distances -Indicate location
' and dimensions of all required yards, setbacks and buffers. Also
indicate distance between buildings.
' (3) Outdoor Storage and Display Areas -Include dimensions, type,
screening type and materials.
' (4) Proposed On-Site and Off-Site Vehicular Circulation System, Parking
Areas and Pedestrian Circulation -Include location, dimensions and
' typical construction specifications of:
(a) Driveways, approaches and curb cuts.
' (b) Vehicular access points, accessways and common vehicular
access points.
(c) Off-Street Parking Spaces, Loading, Unloading and Service
' area Space Requirements (Also indicate number of spaces
required and provided by type of use).
(d) Other Vehicular Use Areas.
Clermont Land Development Code Page 7
Chapter 11 Site Development, Engineering and Master Plan Approval
(e) Sidewalks and Other Pedestrian Use Areas -Indicating
coordination with facilities in adjacent developments.
(f) Typical Cross-Section - By type of improvement.
(g) Traffic Control and Signalization Devices -Also internal traffic
circulation plan (directional arrows, traffic control signs, fire
lanes, bike ways, etc.).
(5) Landscaping Plan and Irrigation Plan -Include on a separate sheet,
the location and specifications of plantings for parking lot
landscaping, buffers, gross acreage, and other required landscaped
areas and required landscape include specific calculations for each
type of area delineated to indicate compliance with adopted Code
requirements). Indicate on a separate sheet, the locations and
specifications of all irrigation including zones of coverage, backflow
prevention device and rain sensor gauge.
(6) Existing Tree Protection -Identify existing trees to be protected
including an explanation or illustration of the method for
preservation of such trees both during and after construction and
those which are to be removed and replaced.
(7) Street Graphics and Outdoor Lighting -Include the locations and
sizes of all signs and the nature of all proposed lighting.
(8) Public and Semi-Public Lands and Facilities -Identify the location,
extent, maintenance responsibility and ownership of:
(a) Street Rights-of-Way
(b) Easements for ingress/egress, utilities, drainage or a related
stormwater management function, pedestrian ways, sidewalks,
bike paths and other similar or related functions.
(c) Designated Lands for parks, open space and recreational
facilities, stormwater management, schools and public
facilities.
(9) Potable Water Supply and Wastewater Disposal System -Indicate
required capacity, available capacity, provider, general location and
size of lines and proposed ownership of and maintenance
responsibility for improvements.
(10) Fire Protection -Identify nearest existing and proposed hydrant
location in relationship to building(s) and other fire protection
systems.
Page 8 Clermont Land Development Code
Chapter 11 Site Development, Engineering and Master Plan Approval
(11) Reclaimed Water System - include a statement regarding the use of
any proposed or existing reclaimed water system including the
amount of reclaimed water to be utilized and method of application
on the site.
(12) Solid Waste Disposal and Service Equipment -Identify the location
of dumpsters and other service equipment locations, including
dimensions of maneuvering areas for collection and service
vehicles. Also indicate methods or structures and materials to be
utilized to prevent such dumpsters and equipment from being
viewed from public rights-of-way and adjacent property.
(13) Proposed Topographic Elevations and Preliminary Drainage Plan -
Indicate proposed topographic elevations at one (1) foot contours,
direction of flow, proposed methods of stormwater
retention/detention, drainage improvements, proposed outfails,
drainage easements and preliminary engineering calculations.
(E) Exceptions -Any applicant may request that required information
described in Paragraphs C and D of this Section be omitted from the site
plan application, provided however, that such request shall be subject to
the following requirements.
(1) The request shalt be in written form and shall be submitted with the
proposed site plan.
(2) The request shall identify the information, item or data that is
proposed to be omitted from the site plan application and shall fully
explain the reasons that such information, item or data does not
apply to such application.
(3) The Administrative Official has the authority to accept or reject such
' request pursuant to procedures set forth in Section 3,A of this
Chapter.
SECTION 5: ENGINEERING PLAN REVIEW PROCEDURES
The applicant shall initiate Engineering Plan Review Procedures set forth in this
Section concurrently or under certain circumstances after the initiation of Site
Plan Review Procedures for the property in question. The procedure for review
' of an Engineering Plan shall be as follows:
1
Clermont Land Development Code Page 9
Chapter 11 Site Development, Engineering and Master Plan Approval ,
(A) Annlication for Approval -The applicant for approval of the Engineering
Plan shall submit at least six (fi) copies of the engineering plan, the '
supplementary materials required to accompany such plan and the fee
established in a manner prescribed in this Code to the Administrative
Official, such plan, supplementary materials and fee being collectively '
hereinafter called the 'proposed Engineering Plan'. The Engineering Plan
and supplementary materials shall be in the form prescribed in Section 6,
below. No application shall be deemed accepted unless it is complete.
The Administrative Official shall advise the applicant of whether the
proposed Engineering Plan is accepted or not accepted within a period of '
ten (10) days from the date of submission. If the proposed Engineering
Plan is not accepted, the Administrative Official shall inform the applicant
in writing giving notice of the reasons for the denial. Failure by the '
Administrative Official to specify one or more reasons for denying the
acceptance of an engineering plan application shall not preclude such
reasons being specified in denying any reapplication for such engineering '
plan.
(B) Referral to Site Review Committee
Upon acceptance of the proposed Engineering Plan, the Director of
Planning shall distribute copies of the proposed Engineering Plan to the
Site Review Committee. The Site Review Committee shall meet within ten
(10) business days of acceptance of the proposed Site Plan to consider
the application. Within five (5) business days following the Site Review
Committee's meeting to consider the proposed Site Plan, the City, shall
either;
(1) Request that additional information, revisions, modifications,
clarification or other data applicable to the engineering plan be
provided or accomplished by the applicant or his agent, and/or:
(2) Prepare a written recommendation to approve, approve with
conditions or deny the site plan application and transmit such
recommendation to the owner or their authorized agent.
If the Administrative Official enters a recommendation disapproving a
proposed Engineering Plan or approving the same subject to modification,
the applicant may at any time within sixty (60) days following the date of
such recommendation file an amended Engineering Plan and
supplementary materials whereupon the same shall be received, reviewed
Page 10 Clermont Land Development Code
Chapter 11 Site Development, Engineering and Mastec Plan Approval
and acted upon in the same manner as provided for original applications
for approval of an Engineering Plan. No additional fee for such application
shall be required.
However, if the amended plan is not received within s'~xty (60) days
following the date of such recommendation the applicant shall refile as
provided for original applications for approval including the fee required
for such application.
SECTION 6: ENGINEERING PLAN REC~UIREMENTS
All Engineering Plans and required supplementary material shall cover the entire
parcel covered by a Site Plan end any off-site areas impacted by the
development that is either proposed or approved in accordance with Section 3 of
this Chapter. All Engineering Plans shall contain at least the following data, and
information:
(A) General RelationshiQ of Engineering Plan Requirements to Site Plan
Requirements - In general, Engineering Plans shall include but not be
limited to ati required information items set forth in Section 4 of this
Chapter. However, all such information, data, analysis and supplementary
materials shall be provided in final engineering and construction form for
purposes of Engineering Plans rather than in preliminary or conceptual
form as may initially be provided for Site Plans. Additional and more
detailed Engineering Ptan Required Information is set forth in Paragraphs
B and C of this Section, below.
(B) Engineerin4 Plan Sheet Data. Size and Scale -Engineering Plans shall be
drawn at a scale of one inch to (50) feet or larger. The maximum sheet
size for Engineering Plans shall not exceed 24 inches by 36 inches.
Multiple sheets may be used provided each sheet is numbered and the
total number of sheets is indicated on each sheet. Cross referencing
between sheets shall be required. Necessary notes and symbol legends
shall be included. Abbreviations should be avoided but if used they shall
be defined in the notes.
(1) The identification 'Engineering Plan', the date, scale, revision date
(if any), development name, and other such information shall be
shown in a convenient grouping in the tower right hand corner of
every sheet, preferably in a conventional tiffs block.
Clermont Land Development Code Page 11
Chapter 11 Site Development, Engineering and Master Plan Approval
(2) Each copy of an Engineering Plan required to be submitted to the
Administrative Official shall bear the original signature and seal of
the engineer licensed as a professional engineer by the State of
Florida.
(C) Engineering Plan Required Information
(1) F;nai Soils Report - Indicate results of borings for building locations
and method of foundation construction footer design in relationship
to soil conditions as recommended by a geotechnical engineer.
(2) Fine! Drainage Pian -Include topographic elevations at one foot
contours for site and at least 25 feet beyond site, final calculations
for stormwater retention and construction drawings of all related
improvements.
(3) Fire Protection -Indicate hydrant location and type of internal fire
protection systems to serve buildings.
(4) f ivil Engineering Construction Drawin4s -Provide civil engineering
construction drawings of all infrastructure, utilities and site
improvements including technical specifications and geometry.
SECTION 7: EFFE OF SITE PLAN AND ENGINEERING PLAN APPROVAL
Approval or approval with modifications/conditions of both a Site Plan and an
Engineering Plan for the parcel in question shall serve as the basis for the
issuance of a Development Order, Site Development Permits and upon formal,
approved completion a Certificate of Occupancy.
SECTION 8: MAINTENANCE OF IMPROVEMENTS
All improvements, requirements and conditions approved pursuant to Section 3
and Section 5 shalt be maintained in good condition and in the manner
prescribed by such approval for as long as the time use of the premises in
question is in existence.
SECTION 9: MASTER PLAN REVIEW
A Master Plan covering the entire parcel proposed for development shall be
required prior to, or in conjunction with, a Site Plan which covers only a portion
of the entire parcel proposed for development provided however, that the
requirements of this section shat! not apply to approved Planned Development
Project Plans covering the same parcel in question. The procedure for
Page 12 Clermont Land Development Code
' Chapter 11 Site Development, Engineering and Master Plan Approval
submission, review and approval of a Master Plan shall be the same as required
for a Site Plan as set forth in Section 3 of this Chapter. The approved and
signed Master Plan shall be filed in the Office of the Administrative Official and
shall constitute the basis for preparation and submittal of future Site Plans for
the property in question. No Development Order or Development Permit shall be
issued on the basis of an approved Master Plan until a Site Plan for the specific
land area in question has been approved and filed in the Office of the
Administrative Official.
' SECTION 10 MASTER PLAN REQUIREMENTS
All Master Plans shall contain at least the following data and information:
(A) Master Plan Sheet Format -Master Plans shall be drawn at a scale of 200
feet to the Inch or larger. The maximum sheet size for master plans shall
' not exceed 24 inches by 36 inches. Multiple sheets may be used provided
each sheet is numbered and the total number of sheets is indicated on
each sheet Cross referencing between sheets shall be required.
Necessary notes and symbol legends shall be included. Abbreviations
should be avoided but if used they shall be defined in the notes.
(B) General Information -The Master Plan shall include the following general
information:
' (1) The identification 'Master Plan' on each sheet
' (2) Legend, including:
a Name of Develo ment
() p
(b) Legal Description
(c) Acreage
(d) Scale
(e) North Arrow
(f) Preparation/Revision Date
(3) Name, Address and Phone Number of:
(a) Owner
' (b) Owner's Authorized Agent
(c) Engineer
(d) Surveyor
' (e) Others involved in application
Clermont Land Development Code Page 13
Chapter 11 Site Development, Engineering and Master Plan Approval '
(4) Vicinity Map -Show relationship of site to surrounding streets and
public facilities at a scale of 1': 2000' or larger.
(5) Legal Description of the parcel in question.
(C) Existing Conditions and Proposed Development -The Master Plan shall
show the existing and proposed location and general dimensions of the
following:
(1) Streets -Both on and adjacent to the site including:
(a) Name
(b) Location
(c) Right-of--Way Width
(d) Driveway Approaches
(e) Medians and Median Cuts
(2) Easements -Indicate location, dimensions, purpose and
maintenance responsibility.
(3) Utilities -Provider and capacity.
(4) Zoning
(5) On-Site Improvements and Uses:
(a) Residential areas including acreage, housing types, maximum
height, densities, and maximum number of dwelling units by
type, phase and total parcel.
(b) Non-residential areas including acreage, maximum square
footage, maximum height, and type of use.
(c) General areas of permanent open space, recreational areas
and buffers, including acreage.
(d) General areas, including acreage, to be reserved or dedicated
for public parks, playgrounds, schools or other public uses.
(e) Boundaries of areas proposed for subdivision including their
designated purpose and/or use, provided, however, the
subdivision of such areas shall be subject to ail provisions
and requirements of the City subdivision regulations.
Page 14 Clermont Land Development Code
Chapter 11 Site Development, Engineering and Master Plan Approval
' (f) Boundaries and numerical sequence of proposed
development phasing.
' (6) Adjacent Improvements, Uses and Zoning.
('~ Topography - As delineated by U.S. Geological Survey, Maps or
' other competent expert evaluation, and extending 50 feet beyond the
property boundaries.
' (8) Soil Type(s) - As identified in the Soil Survey. Lake County. Florida.
U.S.D.A. Soil Conservation Service or other competent expert
evaluation. When soil suitability limitations are indicated for the
' proposed development, the City Engineer may require a preliminary
soil analysis by a qualified soils engineer.
(9) 100-year Floodplain, as applicable.
(10) Drainage -Depict existing drainage characteristics and proposed
' stormwater management concept
(11) Surface Water -Approximate normal high water elevation or
' boundaries of existing surface water bodies, streams and canals,
both on and within 50 feet of site.
' (12) Wetlands - As identified by the St. Johns River Water Management
District Wetlands Mapping or other competent evaluation.
(13) Natural Vegetation and Landscape -Indicate general location, size
and type of existing and proposed vegetation including trees.
' (14) Potable Water and Wastewater -Indicate required capacity, available
capacity and provider.
(15) Flre Protection -State method of fire protection.
' (16) Reclaimed Water - Include a statement regarding the use of the City
of Clermont's reclaimed water system including the amount of
reclaimed water to be utilized and method of disposal on the site.
(17) Solid Waste Disposal - Include a statement regarding the proposed
provider, projected amount and method of solid waste disposal.
' Explain hazardous waste disposal if applicable.
Clermont Land Development Code Page 15
1
Chapter 11 Site Development, Engineering and Master Plan Approval
SECTION 11: APPLICABILITY
All construction of site improvements, and construction of building
improvements for new structures, increases In the size of a structure, or
changing the use of a structure, shall be required to comply with the
requirements of this Chapter, except where exempted in Chapter 3, Section 2 of
this Code.
SECTION 12: IMPROVEMENTS REGIUIRED
All site development plans shall reflect the installation of all improvements
required in this Code, in a manner consistent with adopted construction
standards of the City and this Code. Improvements include roadways,
stormwater management systems, utilities, parking and loading areas, sidewalks,
landscape and buffering, and any other facility required by this Code.
(A) Completion of Improvements Prior to Issuance of Certificate of Occupa~,y
A certificate of occupancy shall not be issued until required improvements
have been inspected and accepted by the City. An agreement and
acceptable performance bond may be accepted for the completion of
certain minor improvements where specifically outlined in this Code.
(B) Adoption of Standard Construction Details
All construction shall comply with the Standard Construction Details as
adopted by Resolution of the City Council. Any deviation permitted from
the adopted standards shall be clearly noted as such in ail plans and
specifications. If inadvertent deviations in plans are not so noted, adopted
standards shall apply.
(C) Improvement or Expansion of Existing Development
All construction regardless of scope shall comply with the specific
requirements of this Code relating to such construction. Final
development plans for improvements or expansion of existing
development may be exempt from certain requirements as outlined in this
Code.
(D) Easements and Miscellaneous dedications
The minimum number and size of easements or other dedications shall be
reflected on the plan drawing, and shall be conveyed to the City prior to
issuance of final approval or certificate of occupancy. Larger easements
Page 16 Clermont Land Development Code
Chapter 11 Site Development, Engineering and Master Plan Approval
' may be specifically required based on the size, depth, or special
maintenance requirements of a facility. Minimum sizes shall be as
indicated in Chapter 5 of this Code.
' SECTION 13: INSPECTIONS AND ACCEPTANCE
Inspection and acceptance of improvements shall be as outlined in Chapter 5
' (Subdivisions) and this Section of this Code. The following procedures shall
apply to site improvements and the overall acceptance for issuance of
' certificates of occupancy.
(A) Inspections
' The City shall inspect construction for conformance with the terms of the
development permits. The City shall have the authority to reject materials
or suspend work when construction is not in conformity with the teens of
the development permit. The developer shall notify the City of the
commencement of major phases of construction as discussed in the
' preconstruction meeting.
(B) Te tin
The develo r shall rovide laborato tests to veri s ecifications of
Pe P rY fY P
materials as required by the adopted Standard Construction Details of the
' City and this Code. The City reserves the right to require additional
testing based on unusual circumstances encountered in the field.
(C) Request for Fnal Inspection
Final inspection of site improvements shall be scheduled no more than
' five (5) working days after receipt of the following information, unless a
later date is requested by the developer:
(1) Certificate of Completion by the Engineer of Record -Upon
completion of the subdivision improvements, the developer's
engineer shall submit a certificate stating that the work was
constructed under his supervision, and has been completed in
substantial conformance with the approved development plans and
' in compliance with the requirements of this Code.
(2) As-built Drawings -One (1) mylar reproducible and ten copies of as-
' built drawings, signed and sealed by the engineer of record and
surveyor.
Clermont Land Development Code Page 17
Chapter 11 Site Development, Engineering and Master Plan Approval '
(3) besting Reports -Copies of all required testing reports shall be '
submitted.
(D) Final Inspection Report ,
A final inspection report will be issued noting any discrepancies from the
development permit, corrective actions required, and any re-inspection fee ,
required. In addition, the report shall review final documentation required
for acxeptance and issuance of a certificate of occupancy, once any
necessary corrections are made. '
(E~ Re-inspection
Re-inspection may be requested at any time, subject to remittance of a re- ,
inspection fee, when required. Re-inspection will be scheduled within
three (3) working days and an inspection report issued if necessary. '
(~ Acceptance of Site Improvements and Issuance of Certificate of
Occupa~y '
Upon completion of any corrective actions required upon inspection, site
improvements shall be accepted by the City upon the receipt of the '
following:
(1) All required certifications of completion under federal, state,
regional, and county agency permits.
(2) Improvement warrant in the amount of ten percent (10°~6) of the cost
of construction on any facility to be owned or maintained by the City
or other public agency. The improvement warranty period shall
commence on the date of issuance of the certificate of occupancy of
the attendant structure.
(3) Construction guarantee in the amount of one hundred ten percent
(110°~) of the estimated construction cost of any uncompleted
improvements, where allowed by this Code.
(4) Recording of any additional on-site or off-site easements required by
any conditioned approval, development order or development permit
of this Code.
Certificate of occupancy shall be issued upon acceptance of site
improvements, and compliance with the requirements of this Code,
development order, development permits and building permits issued.
Page 18 Clermont Land Development Code
CHAPTER 12
REGULATIONS FOR PARKING
AND VEHICULAR USE AREAS
' SECTION 1: PURPOSE AND INTENT
The purpose of this Chapter is to delineate regulations which apply to the
' transportation system, including parking, loading, unloading, service area space
and vehicular access requirements. The intent of this Chapter shall be to create
and implement an efficient, safe and balanced system of traffic management and
' circulation that accommodates motorized and non-motorized vehicles and
provides for adequate and appropriate parking and loading facility.
' SECTION 2: OFF-STREET PARKING SPACE LOADING UNLOADING
SERVICE AREA SPACE AND VEHICULAR ACCESS
' REQUIREMENTS
(A) Off-Street Parking Space
' Off-street parking areas including required parking spaces, accessways,
buffers and related off-street parking appurtenances, shall be provided for
' all buildings and uses on the premises.
(1) Size of spaces
' (a) Standard~arking spaces -Shall consist of a minimum net
area of two hundred (200) square feet, with a minimum width
of ten (10) feet and a minimum length of twenty (20) feet. All
standard spaces shall be striped.
' (b) Compact parking spaces -Shall be nine (9) feet wide and
seventeen (17) feet long. All compact spaces shall be double
striped.
'
(c) versized -Shall be ten (10) feet wide and thirty-five (35) feet
long. All oversized spaces shall be striped.
'
(2) Number of spaces -The minimum off-streets ace re uirements for
P q
all uses shall be in accordance with Table 12-1, Table of Parking
' Standards, provided in this Chapter.
(3) Mixed use development spaces - Where a mixed use development is
' proposed, the parking standards for each individual proposed use
shall be required.
Clermont Land Development Code Page 1
Chapter 12 Parking and Vehicular Use Areas
(4) Large scale development spaces -Certain large scale uses, such as
Planned Development Projects, normally have a diversity and
variability in parking demand. In such cases, a parking study is
required to be submitted with the development proposal to identify
the necessary parking requirement. The final decision on the amount
of parking shall be determined by the Development Review
Committee in consideration of the parking study along with traffic
engineering and planning data that are appropriate to the proposed
development and intended use(s).
(5) Alternative materials for~arking areas -Certain land uses duo to
their uniquo character or due to the low volume of traffic produced
may provide parking surfaces of wood mulch or other materials after
obtaining approval from the Development Review Committee. In
granting such a request the Development Review Committee shall
consider the following matters:
(a) The type of partially pervious material or type of wood mulch '
to be used for surfacing;
(b) The site characteristics of the parking lot, including but not '
limited to; the elevation, slope, drainage, soil type and
adjacent surface conditions;
(c) The type and amount of anticipated traffic flow in the parking '
lot.
The following criteria shall be used in development and construction
of an approved wood mulch parking area:
(1) Use shall be essentially for passive parking, i.e., not more
than two (2) ingress/egress movements per day per vehicle
space.
(2) Natural soil on site must be sandy, with only enough clay to
bind particles and preclude rutting or flowing.
(3) Soil percolation must absorb a minimum of the 3 1/2 inches of
rainfall per hour over the entire area to be mulched.
(4) Parking areas shall be graded as level as possible, with
maximum slope in any direction not to exceed 3°~6 (three
percent), to preclude surface runoff from washing away mulch
materials.
Page 2 Clermont Land Development Code
Li
Chapter 12 Parking and Vehicular Use Areas
(5) Subsurface areas shall be cleared and grubbed to remove all
living plant growth, and then be graded and treated with an
approved herbicide to prevent further growth in areas to be
mulched.
(6) Surfacing shall not be less than three inches (3'~ of clean bark
mulch, free from chips and sticks, after wetting and rolling.
(7) Mulched areas shall be contained by concrete ribbon curbing,
pressure treated timbers, or precast concrete bumper blocks
laid end to end. For this purpose, concrete sidewalks at/or
between ends of rows of vehicle spaces, not less than five
feet (5') wide, may be used, as well as concrete entrance
drives and/or curb cuts, where applicable.
(8) Green areas (planters, with grass and/or shrubs or trees) shall
comprise not less than twenty percent (20%) of the total
parking area, including driveways and walkways, and shall be
provided with automatic or manual irrigation facilities,
equipped with rain sensors, backflow preventors, and with
adequate pressure/coverage to enable periodic wetting of the
mulched areas to keep the mulch sufficiently moist to prevent
its being blown or strewn by winds or vehicle exhausts, or
ignited by the latter.
(9) Requirements for size of lot or parcel coverage, number of
vehicle spaces and driving lanes shall be the same as that for
conventionally paved parking areas. Unless otherwise
approved by the Development Review Committee circulation
areas shall be paved.
(10) The Development Review Committee shall have sole
discretion in determining whether or not the use of wood
mulch, or other materials such as pavers block or turf block,
shall be suitable and acceptable for any specific location.
(B) Design of Parking Lots
' The parking lot design, including but not limited to, arrangement of spaces,
width of aisles and access drives, angle of spaces, installation of curbing, etc.,
shall be as specified in Figure 12-1 of this Chapter. The specific design of each
' facility shall take into consideration the necessity of required landscape in
accordance with Chapter 13 of this Code. All parking lot improvements shall be
paved in accordance with accepted City Engineering Standards.
Clermont Land Development Code Page 3
Chapter 12 Parking and Vehicular Use Areas
(C) Ratio of Full Size to Compact and Oversized Spaces
The ratio of full size to compact spaces shall be 90:10. This ratio shall be
maintained for the total number of parking spaces provided and shall
apply only to buildings and uses where the required number of parking
spaces is twenty-five (25) or greater and three hundred (300) or less.
Developers may increase this ratio thus increasing the number of full size
spaces, however, in no case shall the ratio of compact spaces be
permitted to exceed this ratio. Compact spaces shall not be permitted for
buildings and uses requiring less than twenty-five (25) parking spaces or
for residential uses. Projects requiring more than three hundred (300)
parking spaces shall be considered threshold developments where final
decision on the ratio of parking shall be determined by the Development
Review Committee in consideration of traffic engineering and planning
data that are appropriate to the proposed development and intended
use(s).
The provisions of oversized parking spaces to accommodate recreational
vehicles and the like shall be applied to retail business facilities where
required parking is one hundred (100) spaces or more. The ratio of three
(3) oversized parking spaces per each one hundred (100) required spaces
or portion thereof shall be maintained for the total number of parking
spaces provided.
(D) Handicapped Access
(1) Level parking spaces shall be reserved for physically handicapped ,
persons according to the following requirements:
TOTAL SPACES SPACES REGIUIRED TO '
PROVIDED BE RESERVED
up to 25 1
26 to 50 ,
2
51 to 75 3
76 to 100 4 ,
101 to 150 5
151 to 200 g
201 to 300 7
301 to 400 g
401 to 500 g
501 to 1000 2°~ of Total '
Over 1000 20 spaces PLUS 1 for
each 100 over 1000
Page 4 Clermont Land Development Code
' Chapter 12 Parking and Vehicular Use Areas
(E~ Off Street loading. Unloading and Service Area Space
(1) Rgquired Areas -The off-Street loading, unloading, and service area
requirements of this Chapter are intended to provide minimum
standards necessary such that no loading, unloading, or servicing of
buildings or structures by refuse collection, fuel, or other public or
private service type vehicular activity shalt adversely impact the
public safety, generate excess capacity on the City street system, or
cause undue congestion or conflict resulting from such activities.
The requirements of this section shall apply to aN public, semi-
public, commercial, and industrial development, whether new
structures or alterations to existing structures. Off-street facilities
shall be available for use prior to the issuance of any Certificate of
Occupancy or Occupational Ucense, and its continued maintenance
shall be the obligation of the property owner and occupant as long
as the use(s) requiring such facility continues. No off-street facility
shall be altered or discontinued except in accordance with this
Section.
(2) Arrangement -the off-street loading, unloading, and service area
space shall be designed and arranged such that it may be used
without blockage or interference with the function and safety of
adjacent uses, streets, accessways or off-street vehicular and/or
pedestrian traffic circulation.
The required space (s) shall not be used for the storage of vehicles
or materials, and shall not be used to meet off-street parking
requirements.
All loading facilities shall be located on the same premises as the
use they serve and shall not encroach on any rights-of-way of
dedicated easement (s). All such facilities shall be well separated
and buffered from adjacent uses in accordance with the provisions
contained within this code.
(3) Dimension -Each required off-street loading, unloading, and service
area space shall be a minimum of sixty (60) feet in depth, twelve
(12) feet in width, with an overhead clearance of not less than
fourteen (14) feet for each space required.
Clermont Land Development Code Page 5
1
Chapter 12 Parking and Vehicular Use Areas '
However, upon review and approval of the specific use (s) intended 1
and site plan by the Development Review Committee, a total area of
not less that seven hundred, twenty (720) square feet, devoted to '
such use, with an overhead clearance of fourteen (14) feet, may be
permitted for each space required.
(4) Number of Spaces -The Development Review Committee shall '
interpret and approve the amount of loading, unloading and service
area space required for all uses based upon the following total ,
aggregate floor area of each structure located on the premises:
Loading. Unloading, and Service Area Space Requirements ,
Land Use Clarification Space Requirement ,~
Retail, Wholesale and
Industrial uses
One (1) loading berth for
every ten thousand
(10,000) square feet of
floor area, or portion
thereof.
Bus and Truck Terminals
(~ Access. Circulation and Improvements
Sufficient space to
accommodate the
maximum number of
buses or trucks that will
be stored and loading or
unloading at the terminal
at one given time.
Vehicular Access -All off-street parking, loading, unloading and service
area space shall have vehicular access to a street, frontage road or
reverse frontage road and shall be subject to the following provisions:
(1) Non Residential Uses
(a) There shall be only one (1) vehicular access point, not to
exceed forty (40) feet in width, or two (2) vehicular access
points, not to exceed twenty (20) feet in width each, located
on any one street, frontage road or reverse frontage road to
serve the premises in question. One (1) additional vehicular
access point, not to exceed forty (40) feet in width, or two (2)
Page 6 Clermont Land Development Code
Chapter 12 Parking and Vehicular Use Areas
additional vehicular access points, not to exceed twenty (20)
feet in width each, shall be permitted for every four hundred
(400) feet of parcel frontage on a single street, frontage road
or reverse frontage road. All access facilities shall require the
approval of the Development Review Committee for design or
redesign and location.
(b) All vehicular access points shall be located at least one
hundred (100) feet, or two-thirds (2/3) the distance of the
parcel frontage on a street, whichever is greater, from the
intersection of any right-of-way lines of streets.
' (c) Ali vehicular access points serving corner lots or tracts with
less than two hundred (200) feet of frontage on only one
street that is classified as an arterial, collector or local
collector in the Traffic Circulation Element of the
Comprehensive Plan, shall be located on the street that
intersects the arterial, collector or local collector roadway in
' questions.
(d) A minimum distance of at least fifty (50) feet shall be required
' between any two (2) vehicular access points located on any
one street adjacent to and serving the premises in question.
(e) All vehicular access points shall have a minimum width of at
least twelve (12) feet per lane of traffic.
(2) Residential Uses
The maximum width of a residential driveway access to an off-street
' parking or other vehicular use area shall be twenty (20) feet for two-
way vehicular movement and ten (10) feet for one-way vehicular
' movement No more than one two-way accessway shall be permitted
for any street frontage up to one hundred (100) lineal feet, such
standards to be applicable to any property under one ownership.
' Where such ownership involves over one hundred fifty-one (151)
feet of street frontage, one additional two-way or two (2) additional
one-way drives may be permitted.
W
here such ownership involves over two hundred fifty-one (251)
feet of street frontage, one additional two-way or two additional
drives may be permitted for each additional one hundred (100) feet
of frontage.
Clermont Land Development Code Page 7
Chapter 12 Parking and Vehicular Use Areas ,
The City has the right to require owners who rebuild or rehabilitate
substandard driveways to reconstruct them to meet the
requirements of this Chapter and Code.
(G) Driveway Development Standards
Driveways constructed below street grade must rise to an elevation at
least to the top of the curb height on City right-of-way before reaching the
owner's property line. Driveway constructed above the street grade
should not exceed a grade of three fourths (3/4) inch per foot from the top
of the curb to provide for vehicular clearance; unless otherwise approved
by the City Engineer. Sidewalks located within driveways shall be
constructed in conformance with standards established by Chapter 5,
Subdivision Regulations, of this Code. All driveways and sidewalks shall
be constructed in accordance with adopted City standards.
(H) Buffer
Off-street parking and/or loading, unloading and service area space shall
have a buffer of at least five (5) feet in width provided along all streets on
which the off-street parking and/or loading, unloading and service area
space is located. AJI required landscaping shall be provided in
conformance with Chapter 13 of this Code. The required buffer may be
provided for and included within any other buffer required by the
provisions of this Code to be located along streets.
(1) Lighting Facilities
All lighting facilities provided for off-street parking, loading, unloading and
service area space shall be subdued, shaded and focused on the site so
as not to create traffic hazards or subject adjoining premises to undue
glare or adverse interference.
SECTION 3: ALTERATION AND/OR CHANGE OF USE
Existing off-street parking, loading, unloading and service area space for any '
premises shall not be reduced unless it exceeds the requirements of this Code.
Where the use of an existing premises is changed, the new use and premises
shall conform with the off-street parking, loading, unloading and service area
space and vehicular access requirements of this Code. Any existing use not
provided with conforming off-street parking, loading, unloading and service area
space and vehicular access shall conform with the requirements of this Code at ,
the time of any alteration or expansion of the use.
Page 8 Clermont Land Development Code
' Chapter 12 Parking and Vehicular Use Areas
' TABLE 12-1
MINIMUM OFF-STREET PARKII~TG SPACE REQLJIItE11ZENTS
MINIMUM # OF PER
' SPACES PER UNIT OF
LAND USE INDICATED UNIT MEASURE
' Single Famlly 2 Per dwelling unit
' Multi-Family 1.5 Per one bedroom unit
Multi-Family 2 Per two bedroom unit
' Mobile Home Parks 2 Per dwelling unit
Churches and Funeral Homes 1 Per 4 permanent seats in
the sanctuary or assembly
room
Offices and Veterinary Clinics 1 Per 200 square feet of
floor space
Hospitals, Clinics, ACLF's 1 For each 4 beds
and Nursing Homes
Plus 1 for each doctor
Plus 1 for each 4 employees
Rooming and Boarding Houses 1 For each bedroom
Nursery Schools, Child Care Centers 1 Per 300 square feet
Kindergartens, or Public, Vocational of classroom space
and Professional Schools
Plus 1 for each staff member
Plus 1 for each 4 employees
' Retail Business, Wholesale Business 1 Per 200 square feet of and
Personal Services floor space
Theaters, Auditoriums and Cinemas 1 For each 4 seats in the
assembly rooms
' Hotels and Motels 1 For each accommodation
Plus 1 for each 3 employees
Clermont Land Development Code Page 9
Chapter 12 Parking and Vehicular Use Areas
TABLE 12-1
MINIMUM OFF-STREET PARING SPACE REQUIREMENTS
MINIMUM # OF PER '
SPACES PER UNIT OF
LAND USE INDICATED UNIT MEASURE ,
Restaurants and Lounges 1 Per 50 square feet of floor
area devoted to patron
use
Plus 1 for each 4 employees
Automotive Services and Gas Stations 4 For each grease rack or '
similar fzcility
Plus 1 for each employee '
Recreation Facilities 1 Per 200 square feet of
floor area devoted to i
patron use
Lodges and Clubs 1 Per 50 square feet of IIoor ,
space
Light Manufacturing 1 Per 500 square feet of '
floor area
or 1 For each 2 employees
based on the greatest
number of employees at
work on the largest shift,
whichever is greater
Note: Planned Unit Developments shall provide off-street parking based upon the aggregate sum of
all proposed uses.
Page 10 Clermont Land Development Code
T
w
A B C D E F G H
0' 10.00' 10.00' 12.00' 23.00' 32.00' - 23.00'
30' 10.00' 18.66' 11.00' 20.00' 48.32' 39.66' 37.32'
45' 10.00' 21.21' 13.00' 14.14' 55.43' 48.36' 30.00'
60' 10.00' 22.32' 18.00' 11.55' 62.64' 57.64' 25.77'
90' 10.00' 20.00' 24.00' 10.00' 64.00' 64.00' 20.00'
HANDICAPPED PARKING
A - PARKING ANGLE
B - STALL WIDTH
C -STALL TO CURB
D -AISLE WIDTH
E -CURB LENGTH PER CAR
F - MINIMUM OVERALL DOUBLE
ROW WITH AISLE BETWEEN
G - STALL CENTER (DOES NOT
INCLUDE OVERHANG)
TOTAL PARKING REQUIRED NUMBER
IN LOT OF ACCESSIBLE
SPACES
0 - 25 1
26 - 50 2
51 - 75 3
76 - 100 4
101 - 150 5
151 - 200 6
201 - 300 7
301 - 400 8
401 - 500 9
501 - 1000 29~ OF TOTAL
OVER - 1000 20 PLUS 1 FOR
EACH 100 OVER
1000
(12' WIDE PARKING MINIMUM W/ 5' WIDE RAMPS)
r~1 r~ <~~ ~~ L. L~
MULTIPLE DOUBLE SINGLE
(RAMP ERHER
SIDE)
CITY OF CLERMONT Planning and Zoning FIGURE:
o°
PARKING STANDARDS 12-1A
NOT TO SCALE
3~ P RK,NG
45' Pp,RK~NG
~-CTfY
Oo
"„_.~ A1g~E ~
~ ~ i
i --~
~ ~
i ~~ ~
~ -~
~~ ~ ~ ~
~~
i
~ ~~ ~
~ '. ~ F-
~ ~ ~
.~-+ ~ ~
~~
1'
~~
~~
~~
rb
>,~ - ,
,~
~ ~
t l
r
\ AND AiS1~ p`~GRp`M
STS d Zoning ~GV~
T .,pl~.ing an ,N'~ ~Za
CL~R~'CN B P p,R~
o~` E1 CUR
Y S~R~ SGA~
N4T T~
CURB
PARALLEL
-- ------------- ------------F=-----23,--;
30'
CURB i
1
1
45'
,. .
,~
i
CURB i i
i ~ ~ ~ (~
N
CURB ] 0'
90' o
N
SEE FIGURE 4-3A SPACE REQUIREMENTS FOR CURB PARKING
FOR DIMENSIONING
TABLE AT VARIOUS ANGLES
CITY OF CLERMONT Planning and Zoning FIGURE:
~O
CURB PARKING 12-1C
NOT TO SCALE
' CHAPTER 13
1 LANDSCAPE BUFFER AND TREE REQUIREMENTS
SECTION 1: PURPOSE AND INTENT
The following Chapter specifies landscaping criteria required for all development
as stated herein. The overall intent is to provide for required landscape, buffer,
and tree protection in certain developments, redevelopments, and areas to be
developed within the City of Clermont. The general purpose is to enhance
aesthetic appearance and preserve the environmental and ecological benefits of
trees and other endemic (native) vegetation. Landscape provides both visual
and climatic relief from buildings, structures, and broad expanses of impervious
surface while enhancing urbanizing development by blending the natural and
man-made environments.
Landscape buffers mitigate conflict between potentially incompatible land uses,
strategically separate vehicular and non-vehicular use areas, define vehicular
accessways and access points, and screen vehicular movement, noise, and glare
from public view.
This Section contains standards for all required landscaping, to include buffers
between adjacent uses, off-street parking areas, and general maintenance
requirements that apply to all landscaped areas.
Landscape, landscaped areas, buffers and tree protection shall be provided and
' accomplished for ail real properties in the manner set forth in this chapter. The
minimum provision required may be exceeded. Unless otherwise prescribed, the
most stringent provision of this Code shall prevail.
' Prior to the issuance of any permit for development or redevelopment which is
included under the provisions of this Chapter, a site plan shall be submitted to
' and approved by the City of Clermont. No permit shall be issued for such
development or redevelopment unless such site plan complies with the
provisions hereof, and no Certificate of Occupancy shall be issued until the
landscaping is complete. It shall be unlawful to occupy the premises unless the
landscaping is installed in accordance with the approved site plans and the
requirements hereof.
' SECTION 2: DEFINITIONS
' In construing the provision of this Chapter and each and every word, term,
phrase or part thereof, where the context will permit the definitions provided in
' Section 1.01 Florida Statutes, and the following definitions shall apply:
Clermont Land Development Code Page 1
Chapter 13 Landscape, Buffer and Tree Requirements
Accesswavs -The maximum width of a residential accessway through the
perimeter landscaped strip to an off-street parking or other vehicular use area
shall be twenty (20) feet for two-way vehicular movement and ten (10) feet for
one-way vehicular movement. For commercial and industrial uses the maximum
width for accessways shall be two (2) times that for residential uses. No more
than one two-way access way shall be permitted for any street frontage up to
one hundred (100) feet of street frontage, one additional two-way or two (2)
additional one-way drives may be permitted for each additional one hundred
(100) feet of frontage or major fraction (fifty-one (51) feet or more) thereof. The
balance of such street frontage not involved with access shall be landscaped in
accordance with the provisions of this Chapter.
Administrative ®fficial -The City Manager of the City of Clermont or the
established designee thereof.
Berm - A mound of earth, contoured at a 3:1 ratio (li:~ or less, so as to form a
definitive amount of relief above the general elevation of the adjacent ground or
surface.
Buffer - A specified land area with a generally level planting surface together
with the planting and landscaping required on the land used to visibly separate
one use from another or to shield or block noise, lights, or other potential
nuisances.
blearing or Removing aTree -The removal of a tree by digging, pushing,
poisoning, or cutting, or the effective removal through damage.
Drip Line - An imaginary line on the ground defined by vertical lines which
extend from the outermost tips of the tree branches to the ground.
Encroachment -Any protrusion of a vehicle outside of a parking space, display
area or accessway into a landscaped area.
Forest Crops -Any group of trees that are of proper species and sufficient
density, size, and number to make them marketable for sale as wood products
(e.g. furniture lumber, paper, chips, pallets, boxes and lighter wood).
In Contemplation of - A tree is removed "in contemplation of" an improvement if
the purposes of the removal is principally to facilitate any improvement of the
class references in this code, regardless of when or by whom construction of the
improvement is contemplated.
Page 2 Clermont Land Development Code
Chapter 13 Landscape, Buffer and Tree Requirements
Landscaping - 'Landscaping' shall consist of any of the following or
combinations thereof: materials, such as, but not limited to, grass, ground
covers, shrubs, vines, hedges, trees, or palms; and nonliving durable material
' commonly used in landscaping; such as, but not limited to, rocks, pebbles, sand
walla or fences, but not including paving.
' Non-Preferred Trees -All types of trees set forth in Table 13~ of this code.
Park Trees -Trees, shrubs, bushes and all other woody vegetation in public
' parks having individual names, and all areas owned by the City, or to which the
public has free access as a park.
Preferred Shrub -All the species of shrubs set forth in Table 13-2 of this code.
Preferred and Replacement Trees -All the species of trees set for in Table 13-1
' of this Chapter which at the time of planting shall not be less than one and one
half (1.5) inch in diameter, measured at four and one-half (4 1/2j feet above the
existing grade, five to seven gallon containerized, Florida #1 grade or better.
1 Such trees shall be a minimum of eight (8) feet overall height immediately after
planting and shall have a minimum average matured spread of crown of greater
than fifteen (15) feet.
' hrub - Alow-growing, woody perennial plant differing from a tree by its low
stature and, generally, by its production of several basal stems instead of single
' bole.
Site Review Committee -The members of the administrative staff of the City of
Clermont, established for the purpose of providing professional and technical
review of applications and related documentation for development which is
' proposed to occur within the City.
Street Trees -Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues, or ways within
' the City.
' Trees -Any living, woody, self-supporting perennial plant which normally grows
to a minimum height of fifteen (15) feet. As used in this Code, 'tree' refers to
approved trees unless an alternative usage is expressly defined and approved.
Vehicular Use Areas -Includes any accessways, parking spaces or areas, paved
outdoor sales areas not under roof, and loading and unloading facility areas.
Clermont Land Development Code Page 3
Chapter 13 Landscape, Buffer and Tree Requirements '
Vine - A plant with a climbing or creeping stem which usually rests upon or is
attached to a supporting structure and which normally requires support to reach
mature form.
SECTION 3: GENERAL PROVISIONS
(A) l4onlication to Development
The requirements for buffers of this Chapter shall apply to all uses within
the City, except for individual lots or parcels upon which one (1) single
family residence or one (1) two-family unit is to be constructed. Where a
non-residential use abuts another non-residential use only the required
tree installation provisions of this Chapter shall apply. This shall not be
construed to exempt any residential developments that require approval of
a development plan by the City. Subdivision development shall comply
with provisions which are specifically noted to apply to such herein.
(B) Landscape Plan Required
A landscape plan showing proposed landscape areas shall be submitted
for review and approval by the City. Such plan shall be required for all
new development, and if required, with application for a building permit for
rehabilitation or renovation projects. Landscape plans shall include and
indicate the following:
(1) Dimensions and location of the property;
(2) Location of all structures, freestanding signs, parking areas, drives,
vehicular use areas and other improvements proposed for the
property;
(3) Location of overhead power lines and adjacent streets or rights-of-
way;
(4) Location, type and size of all existing trees to be preserved, and
those to be removed, replaced and new trees to be planted;
(5) Location, type, quantity and specifications of all proposed landscape
materials;
(6) Location and type of existing vegetative communities to remain
undisturbed;
Page 4 Clermont Land Development Code
Chapter 13 Landscape, Buffer and Tree Requirements
('~ General notes including planting details, mulching requirements,
installation instructions and other such information as needed;
(8) Tabulations which c{early show relevant statistical information
necessary to evaluate compliance with provisions of this Code. This
shall include required buffers, vehicular use landscape and
screening, supplemental {andscaping, and other information as
necessary.
(C) Irrigation Plan Required
An irrigation plan shall be submitted for review and approval by the City in
all instances where a separete landscape plan is required. Such plan shalt
indicate use of State mandated backflow and rain sensor equipment and a
tow-volume irrigation system designed specificaNy for the proposed
landscape installation, delineated irrigation zones if proposed, and shall
clearly illustrate compliance with the required building plan and site
approval process.
(D) Installation
Installation of landscape material shall strictly be in accordance with the
approved landscape plan. Any request for substitution or relocation of
materials shalt be submitted in writing, along with a revised plan, to the
Department of Planning for approval. All landscaping shall be installed in
a sound workmanship-tike manner and in accordance with recognized and
accepted good planting procedures. Installation shall mean survival and
replacement, if necessary, of all materials for a minimum of two (2) years
from the time of planting. The Administrative Official or established
designee shall inspect all landscaping and no certificate of occupancy or
similar authorization shall be issued unless the landscaping meets the
requirements herein provided.
(E~ Maintenance
The owner, tenant and their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping which shall be
maintained in good conditions so as to present a healthy, neat and orderly
appearance and shall be kept free from refuse and debris.
Clermont Land Development Code Page 5
Chapter 13 Landscape, Buffer and Tree Requirements
('T) General notes including planting details, mulching requirements,
installation instructions and other such information as needed;
(8) Tabulations which clearly show relevant statistical information
necessary to evaluate compliance with provisions of this Code. This
shall include required buffers, vehicular use landscape and
screening, supplemental landscaping, and other information as
necessary.
(C) Irrigation Plan Required
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, delineated irrigation zones if proposed, and shall
clearly illustrate compliance with the required building plan and site
approval process.
(D) Installation
Installation of landscape material shalt strictly be in accordance with the
approved landscape plan. Any request for substitution or relocation of
materials shat{ be submitted in writing, along with a revised plan, to the
Department of Planning for approval. All landscaping shalt be installed in
a sound workmanship-like manner and in accordance with recognized and
accepted good planting procedures. Installation shall mean survival and
replacement, if necessary, of all materials for a minimum of two (2) years
from the time of planting. The Administrative Official or established
designee shall inspect all landscaping and no certificate of occupancy or
similar authorization shall be issued unless the landscaping meets the
requirements herein provided.
(E) Maintenance
The owner, tenant and their agent, if any, shad be jointly and severally
responsible for the maintenance of all landscaping which shall be
maintained in good conditions so as to present a healthy, neat and orderly
appearance and shall be kept free from refuse and debris.
Clermont Land Development Code Page 5
Chapter 13 Landscape, Buffer and Tree Requirements '
(F) Plant Material
(1) duality. Plant materials used in conformance with provisions of this
Chapter shall meet specifications of Florida #1 grade or better,
according to the current 'Grades and Standards for Nursery Plants',
State of Florida Department of Agriculture.
(2) Trees. Trees shall be species having an average mature spread of
crown of greater than fifteen (15) feet and having trunks which can
be maintained in clean condition over five (5) feet of clear wood.
Trees having an average mature spread of crown less than fifteen
(15) feet may be substituted by grouping same so as to create the
equivalent of fifteen (15) feet crown spread. Palms shall be
considered trees in accord with standards promulgated by the City
Council.
Tree species shall be a minimum one and one-half (1 1/2) inch
caliper at four and one-half (4 1/2) feet above the existing grade and
be a minimum of (8) feet overall height immediately after planting.
Trees of species which roots are known to cause damage to public
roadways or other public works shall not be planted closer than
twelve (12) feet to such public works.
(3) Shrubs. Shrubs shall be a minimum of two (2) feet in height and 30'
on center when measured immediately after planting.
(4) Hedges. Where required, shall be planted and maintained so as to
form a continuous, unbroken, solid visual screen within a maximum
of two (2) years from the time of planting.
(5) Ynes. Vines shall be a minimum of thirty (30) inches in height
immediately after planting and may be used in conjunction with
fences, screens, or walls to meet physical requirements as
specified.
(6) Ground Covers. Ground covers used in lieu of grass in whole or in
part shall be planted in such manner as to present a finished
appearance and provide reasonable complete coverage within three
(3) months after planting.
(~ Lawn Grass. Grass areas may be sodded, plugged, sprigged or in
certain instances where large acreage development occurs
hydroseeded. Solid sod shall be required in rights-of-way,
stormwater retention areas, swales, and on areas where relief
Page 6 Clermont Land Development Code
Chapter 13 Landscape, Buffer and Tree Requirements
' indicates the property may be subject to erosion. Areas proposed
for hydroseeding shall be approved by the Administrative Official or
established designee thereof.
r SECTION 4: LANDSCAPE BUFFERS ..
Landscape buffers shalt be established and maintained in accordance with this
Section.
(A) In General
One or more of the following provisions may be applicable to a specific
use. in such case, the most stringent requirement shall apply.
(B) Buffer Yard
' Landscape buffer yards shall be developed between differing land uses
based on this Section. These requirements shall be deemed the minimum
' necessary to achieve compatibility between land uses. Buffer yards shall
be developed by the more intense use based on existing contiguous land
uses, zoning district designation, or land use plan designation, whichever
' is more intense.
Whenever a commercial or industrial use is developed and abuts a
residential use or zoning district, the commercial or industrial use shall
provide the appropriate buffer between the two (2) uses.
Whenever amulti-family use is developed and abuts a single family or two-
family use or zoning district, the multi-family use shall provide the
appropriate buffer between the two (2) uses.
Not withstanding the above and in the event a single family or two-family
use is developed adjacent to an existing, vested non-residential use or
multi-family use, the provisions of this Section shall not be considered
applicable.
(C) Landscape Buffers Adjacent to Rights-of-Way
(1) Minimum Length
One the site of a building, structure or open premises use which
provides an off-street parking area or other such vehicular use area,
there shall be provided landscaping between such area and such
right-of--way. The required landscape buffers shall extend along the
Clermont Land Development Code Page 7
Chapter 13 Landscape, Buffet and Tree Requirements
entire length of the off-street parking area or vehicular use area and
the abutting right-of-way. The required buffer may only be altered
for the following purposes:
(a) Construction of accessways as necessary and in compliance
with an approved development plan.
(b) Installation of stormwater, drainage or utility improvements as
necessary and in compliance with an approved development
plan.
(c) Selective clearing for visibility of freestanding signs in
compliance with an approved development plan.
(d) The regular pruning of trees to provide clear trunk and
visibility between three (3) and fifteen (15) feet above grade.
Such pruning shall only be permitted for trees with height and
maturity necessary to reasonably accommodate such activity.
(e) The regular removal of dead materials and debris.
(f) Installation of additional landscape materials in compliance
with an approved development plan.
(2) Minimum Width and Tree Requirements
The minimum landscape buffer width shall be established as five (5)
feet of level, flat property which shall be measured perpendicular to
any public rights-of-way. Such landscape area or vehicular use area
shall be provided with landscape and plantings described in Section
4(E~ below. Alteration of the buffer may only occur in conformance
with specifications delineated in Section 4(C)(1), above.
(D) Perimeter (Abutting Property) Landscape Buffers
(1) Minimum Length
On the site of a building, structure or open premise use which
provides an off-street parking area or other such vehicular use area,
there shall be provided landscaping between such area and the
abutting property. The required landscape buffer shall extend the
entire length of the off-street parking area or vehicular use area
where such area is not screened by an intervening building or
structure.
Page 8 Clermont Land Development Code
' Chapter 13 Landscape, Buffer and Tree Requirements
(2) Minimum Width and Tree Requirements
The minimum landscape buffer width shall be established as five (5)
feet of level, flat property which shall be measured perpendicular to
any abutting property boundary. Such landscape area shall be
provided with landscape and plantings as described in Section 4(E7
below.
(E~ Minimum Landscac~e Buffer and Planting Requirements
On the site of a building, structure or open premise use providing an off-
street parking area or other vehicular use area, a landscape buffer and
plantings shall be provided in the following manner:
(1) -ndscap~ Adiacent to Rights-of Way
The required five (5) foot wide landscape buffer shai{ include one (1)
tree for each fifty (50) lineal feet of frontage or fractional part
thereof. The trees utilized shall be selected from the Preferred Tree
List specified in Table 13-1 of this Chapter. The species enumerated
in Table 13-3, the Non-Preferred Tree List, shall be expressly
prohibited. In addition to the required tree plantings, a hedge, wall
or other durable landscape barrier shall be placed along the inside
perimeter of such {andscaped strip. If the landscape buffer is
constructed of living materials, the shrubbery utilized shall be
selected from the Preferred Shrub List specified in Table 13-2 of this
Chapter. Such shrubbery shall be a minimum of twenty-four (24)
inches in height and planted on thirty (30) inch centers so as to
form a continuous hedge within two (2) years from the time of
installation. tf the durable barrier is of nonliving material, for each
five (5) feet thereof, one shrub shall be planted abutting the barrier.
The shrubs need not be spaced five (5) feet apart as long as the
required quantity is provided. Such shrubs shai) be planted along
the right-of-way side of such barrier. The remainder of the required
landscaped areas shall be landscaped in ground cover or other
landscape treatment, excluding paving, in accordance with an
approved site plan.
All property other than the required landscaped buffer lying between
the right-of-way and the buffer shall be landscaped with at Least
lawn grass as described in Section 3, F(7) or other ground cover
pursuant to an approved site plan.
--
Clermont Land Development Code Page 9
Chapter 13 Landscape, Buffer and Tree Requirements
(2) Landscape Adjacent to Property Boundaries
The required five (5) foot wide landscape buffer shall include one
tree for each seventy-five (75) lineal feet of abutting property or
fractional part thereof. The trees utilized shall be selected from the
Preferred Tree List specified in Table 13-1 of this Chapter. The
species enumerated in Table 13-3, the Non-Preferred Tree Ust, shall
be expressly prohibited. in addition to the required tree plantings, a
hedge, wall or other durable landscape barrier shall be placed along
the inside perimeter of such landscaped strip. If the landscape
buffer is constructed of living materials, the shrubbery utilized shall
be selected from the Preferred Shrub List specified in Table 13-2 of
this Chapter. Such shrubbery shall be a minimum of twenty-four
(24) inches in height and planted on thirty (30) inch centers so as to
form a continuous hedge within two (2) years from the time of
installation. In addition, it shall be planted with shrubs in such a
manner as to provide opaque screening and shall be properly
maintained at a minimum height of six (6) feet. The height of six (6)
feet shall normally be reached within two (2) years from planting.
Landscaped buffers within fifteen (15) feet of the curb or points of
ingress/egress shall not exceed three (3) feet in height.
All property other than the required landscaped buffer lying between
the right•of-way and the buffer shall be landscaped with at least
lawn grass as described in Section 3, F(7) or other ground cover
pursuant to an approved site plan.
Commercial or industrial loading platforms and storage areas must
also provide buffers to conceal the view of such structures from
public streets or public view. Oniy the opaque shrubbery
requirements specified previously are applicable to such uses.
The provisions of this subsection may not be applicable in the
following situations:
(1) When a property line abuts a dedicated alley.
(2) Where a proposed buffer abuts an existing hedge, wall or
other durable landscape barrier on an adjacent property, the
existing barrier may be used to satisfy the landscape buffer
requirements of this subsection provided the existing buffer
meets all applicable standards of this Chapter.
Page 10 Clermont Land Development Code
i.
Chapter 13 Landscape, Buffer and Tree Requirements
(3) Where the abutting property Is zoned or used for
nonresidential uses, only the tree provision with its planting
area as prescribed in this subsection shall be required.
SECTION 5: VEHICULAR USE/PARKING AREA INTERIOR LANDSCAPING
The landscape materials required in this Section are in addition to any landscape
materials which may otherwise be required in this Chapter, except as stated
herein. Parking lot landscaping may encroach into required buffers, however,
landscaping required by this Section may not be substituted in lieu of any
required buffer or other landscaping except as stated herein.
(A) Off-street Parking Areas
Off-street parking areas shat! have at least ten (10) square feet of interior
landscaping for each parking space. In areas zoned for industrial uses
these requirements shall be reduced by fifty (50) percent Developers
shall be required to provide a diagram indicating the base area, internal
landscaping, and the necessary calculations to verify that this requirement
has been satisfied.
Each separate landscaped area shall contain a minimum of fifty (50)
square feet and shall include at least one tree having a clear trunk of at
least five (5) feet with the remaining area landscaped with shrubs, ground
cover or other authorized landscaping material not to exceed three (3) feet
in height. The total number of trees shall not be less than one (1) for each
one hundred (100) square feet of required interior landscaped area or
fraction thereof. Such landscaped areas shall be located in such a manner
as to divide and break up the expense of paving.
The front of a vehicle may encroach upon any interior landscaped area
when the area is at least five (5) feet in depth per abutting parking space
and protected by wheel stops or curbing. Two (2) feet of landscaped area
may be part of the required depth of each abutting parking space.
' (6) Design of Landscaped Areas
' (1) Terminal Islands: Each row of parking spaces shall be terminated
by landscaped islands to separate parking from adjacent drive
aisles. The landscaped islands shall measure not less than five (5)
feet in width and not less than eighteen (1 S) feet in length.
Clermont Land Development Code Page 11
Chapter 13 Landscape, Buffer and Tree Requirements
(2) Interior Islands: Interior islands shall be provided to satisfy internal
landscaping requirements. Islands less than five (5) feet in width
shalt not be credited as internal landscaping.
(3) Divider Medians: Landscaped divider medians may be used to meet
interior landscape requirements. If divider medians are used, they
shall form a continuous landscape strip between abutting rows of
parking. The minimum width of a divider median shall be five (5)
feet, not including vehicle overhang of two (2) feet.
(4) Islands at T-intersections: Landscaped interior islands shall be
required at all T-intersections which are considered major traffic
points. Such islands shall be a minimum of twenty (20) feet in
width.
(C) Protection of Landscaped Areas
(1) Curbing: Terminal islands, interior islands and other landscaped
areas adjacent to driveways or susceptible to vehicular turning
movements shall be separated from vehicular use by non-
mountable, reinforced concrete curbing of a type approved by the
City. Curbed landscaped areas shall be backfilled to a height of
four (4) inches below the back of the curb, except where such
backfill would impact an existing tree. Unreinforced extruded
curbing shalt be prohibited. The width of the curbing shall be
excluded from the calculation of the minimum dimensions of all
required landscape areas.
(2) Wheel Stops: All landscaped areas adjacent to off-street parking
areas shalt be protected from encroachment or intrusion of vehicles
through the use of wheel stops. Wheel stops shaft have a minimum
height of six (6) inches above finished grade of the parking area.
Wheel stops shall be properly anchored and maintained in good
condition.
SECTION 6: SIGHT DISTANCE FOR LANDSCAPING ADJACENT TO
PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS.
When an accessway intersects a public right-of-way or when the subject property
abuts the intersection of two (2) or more public rights-of-way, all landscaping
within the triangular areas described below shall provide unobstructed cross-
visibility at a level between three (3) feet and six (6) feet. Trees or palms having
limbs or foliage trimmed in such a manner shall provide that no Limbs or foliage
Page 12 Clermont Land Development Code
Chapter 13 Landscape, Buffer and Tree Requirements
' extend into the cross-visibility area, and shall be located so as not to create a
traffic hazard. Landscaping except required lawn grass or ground cover shall
not be located closer than three (3) feet from the edge of any accessway
pavement
The triangular areas above referred are:
' (A) Accessway: The area of property on both sides of an accessway formed
by the intersection of each side of the accessway and public right-of-way
' line with two (2) sides of each triangle being ten (10) feet in length from
the point of intersection and third side being in line connecting the ends of
the two (2) other sides.
' (B) Intersection: The area of property located at a comer framed by the
intersection of two (2) or more public rights-of-way with two (2) sides of
the triangular area being thirty (30) feet in length along the abutting public
right-of-way lines, measured from their point of intersection, and the third
side being a line connecting the ends of the other two (2) lines.
SECTION 7: LANDSCAPING ADJACENT TO FENCES. WALLS OR
DUMPSTER ENCLOSURES
Any opaque fence, wall or dumpster enclosure shall be landsca ed as follows:
P
' (1) One shrub shall be required for every five (5) feet of wall or fence.
Shrubs may be clustered in groups of no less than five (5) each,
with groups being spaced no further than twenty-five (25) feet apart
' or from the end of any wall or fence.
(2) One (1) tree shall be required for every fifty (50) linear feet of wall or
' fence abutting a street or right-of--way, and one (1) tree shall be
required for every seventy-five (75) linear feet of wall or fence
' adjacent to a perimeter parcel line.
(3) One (1) shrub shall be required for every two (2) linear feet of
' dumpster enclosure.
(4) Landscape materials shall be installed on the public view side of the
fence, wall or dumpster enclosure.
(5) Fractional distance dimensions shall require additional plantings
' pursuant to criteria indicated above.
Clermont Land Development Code Page 13
Chapter 13 Landscape, Buffer and Tree Requirements
SECTION 8: TREE PROTECTION AND PRESERVATION REG?UIREME
It shall be unlawful and a violation of this Chapter and Code to clear or remove a ^
tree by any method without first securing a permit from the City of Clermont
unless removal of such tree is exempted by other provisions of this Chapter or ^
Code (For exemption, see Section 14).
(A) An~lication for Tree Removal Permit
An application for tree removal. shall be filed on official forms provided by
the City of Clermont Completed applications shall be returned to the City ,
of Clermont along with the following:
(1) A tree inventory consisting of a scaled aerial photograph (1'=100' or
greater) or drawing (1' = 40' or greater) indicating:
(a) Property boundaries; '
(b) Location of all individuals trees, including the circumference
of the trees measured at four and one-half (4 1/2) feet above ^
the existing grade and its common name;
(c) An indication of all trees proposed for removal, including ,
replacement
(2) Reasons for removal of trees. ^
(3) Appropriate permit fee as set by Resolution of the Clermont City
Council.
(B) Timing of Application
Application for a tree removal permit may be made at any time except that
in the following cases application shall be considered to be filed where
indicated:
(1) All new subdivisions shall be required to submit a tree inventory and
proposed tree removal and replacement plan at the time of initial
submittal of the subdivision plan to the Site Review Committee so
that due consideration may be given to preservation and protection
of trees during the subdivision design process.
Page 14 Clermont Land Development Code
' Chapter 13 Landscape, Buffer and Tree Requirements
(2) Any commercial, industrial, residential, or other use, requiring site
plan approval under the City of Clermont Zoning Ordinance or
Subdivision Regulations, shall be required to submit a tree inventory
' and proposed tree removal and replacement plan at the time of site
plan submittal so that due consideration may be given for
preservation and protection of trees during the site plan design
' process.
(3) All new single family and duplex dwelling units, other than new
' subdivisions shall be required to submit a tree inventory and
proposed tree removal and replacement plan at the time of
application for a zoning clearance so that due consideration may be
' given for preservation and protection of trees during the site plan
design process. The tree inventory may be shown on the zoning
clearance plot plan.
' (4) Upon formal written request and approval of the Site Review
Committee, the City of Clermont may permit an applicant to omit
' certain portions of the tree inventory where omitted portions are not
found necessary for compliance with the requirements set forth
herein and are not needed to critically evaluate the application.
' SECTION 9: ISSUANCE OF TREE REMOVAL PERMIT
' It is the intent of this Section to minimize the removal of protected trees and that
no authorization shall be granted to remove a tree if the developer has failed to
take reasonable measures to design and locate the proposed improvements so
' that the number of protected trees to be removed is minimized.
' (A) Tree Removal Authorization
No authorization for the removal of a protected tree shall be granted
' unless the applicant demonstrates one or more of the following
circumstances exist:
' (1) A permissible use of ;the site cannot reasonably be undertaken
unless specific trees are removed or relocated.
(2) The tree is located in such proximity to an existing or proposed
structure that the safety, utility or structural integrity of the structure
is materially impaired.
' (3) The tree materially interferes with the location, servicing or function
of utility lines or services.
Clermont Land Development Code Page 15
Chapter 13. Landscape, Buffer and Tree Requirements
(4) The tree creates a substantial hazard to motor, bicycle or pedestrian '
traffic by virtue of physical proximity to traffic or impairment of
vision.
(5) The tree is diseased or weakened by age, abuse, storm or fire and is '
likely to cause injury or damage to people, building or other
improvements. '
(6) Established law or regulation requires the removal.
(B) Tree Removal Criteria '
Pursuant to criteria established in Subsection 9(A) above, a tree removal '
permit may be issued where one or more of the following circumstances
exist if alternative design or other solutions do not afford indispensable
relief for a proposed use:
(1) Street Opening -The location of a tree restricts the opening a street
or road right-of-way;
(2) Utilities and Drainage -The location of the tree restricts the function
and service of utility lines or drainage facilities;
(3) Property Access -The location of the tree restricts access to the
property;
(4) Property Use -The location of the tree restricts use of the property
consistent with ail other City, County and State codes, statutes,
ordinances and resolutions, and design modifications are not
feasible or reasonable;
(5) Hazards -The tree constitutes a hazard to life or property which
cannot be mitigated without removing the tree;
(6) Poor Tree Health -The tree is dying or dead so that its restoration to
sound condition is not practical, or it has a disease which can be
expected to be transmitted to other trees and to endanger their
health.
(7) Thinning of Trees - In order to increase light and air circulation on
heavily wooded parcels, the selective removal of up to twenty-five
percent (25%) of existing trees may be permitted as long as the
minimum tree requirement for the particular land use is maintained.
Page 16 Clermont Land Development Code
Chapter 13 Landscape, Buffer and Tree Requirements
(C) Replacement Requirements
For every tree removed pursuant to any one permit, one tree shall be
planted as a replacement to that tree removed in accordance with the
' following:
(1) Trees removed pursuant to criteria specified in Section 9(B) above
' shall be replaced at the expense of the permittee.
(2) For each inch of tree measured at four and one-half (4 1/2) feet
' above the existing grade removed, an inch of tree at four and one-
half (4 1/2) feet above the existing grade shall be replaced.
(3) A replacement tree may be moved from one location to another on
the site, or moved off the site pursuant to cri#eria specified in
' Subsection 9(C)(4) below.
4 Re lacement trees shall, if racticable, be lanted on the
() P P P
development site. If not practicable, replacement trees may be
donated, or a fee in lieu may be paid, to the City for purposes of
planting trees on public property. The fee in lieu shall be based on
the average retail cost of purchasing the requisite size and number
of replacement trees
.
(5) This Section shall not pertain to permits for 'Thinning of Trees' as
' specified in Section 9(B)(7) above.
' (D) Tree Removal Time Limit
The tree removal permit, when issued, shall specifically identify which
' trees shall be permitted to be removed. Such permit shall automatically
expire twelve (12) months after issuance. Trees not removed during the
life of the permit may not be removed without the issuance of a new permit
' based upon a new application.
(E) Removal not Required
' Tree removal permits merely authorize the removal of the trees specified
therein. Nothing in this Section or Chapter shall be construed to require
' the removal of such trees by the permittee.
Clermont Land Development Code Page 17
Chapter 13 Landscape, Buffer and Tree Requirements '
SECTION 10: MINIMUM TREE REQUIREMENTS
No Certificate of Occupancy shall be issued by the City on the types of '
construction indicated below unless the underlying parcel has not less than the
indicated minimum number of approved trees; '
(1) Any new single family or duplex dwelling unit on a single lot -not
less than three (3) trees; '
(2) Any new multi-family development -not less than one (1) tree per
unit; ,
(3) Any single commercial, industrial, or other structure requiring site
plan approval under the City of Clermont Zoning Ordinance or ,
Subdivision Regulations shall provide not less than four (4) trees
per acre [minimum four (4) trees]. Trees required under the City
Landscape Ordinance, other than buffer or perimeter trees, may be '
counted to meet this requirement
SECTION 11: TREE PROTECTION DURING DEVELOPMENT AND
CONSTRUCTION
(A) It shall be unlawful for any person, during the construction of any
buildings, structures or other improvements, to place solvents, material,
construction machinery or temporary soil deposits within the drip line of
any tree. This provision includes soil that is placed in the drip-line
permanently for the purpose of grade change, unless the grade is changed
according to the guidelines described in the Florida Division of Forestry,
Department of Agricultural and Consumer Services Publication: TREE
PROTECTION MANUAL FOR BUILDERS AND DEVELOPERS, or other
methods approved by the City Engineer.
(B) It shall be the responsibility of a developer or applicant to ensure that any
tree shown on the tree inventory for which a tree removal permit has not
been obtained be protected. The property owner shall guarantee survival
of retained and replacement trees for a period of not less than two (2)
years.
(C) Posts shall be used as protective barriers to the roots and trunk of every
tree on the parcel being developed. The posts shall be placed at points
not closer than the radius of the drip-line of the protected tree, unless the
structure has been permitted to be erected within the drip-line of a tree
Page 18 Clermont Land Development Code
' Chapter 13 Landscape, Buffer and Tree Requirements
with a wide canopy. Each Section of the barrier shall be clearly visible
(flagged with brightly colored plastic tape or other markers). No
attachment or wires other than those with protective mechanisms or of
' non-damaging nature shall be attached to any tree.
(D) The City of Clermont may conduct periodic inspections of the site. It is
the responsibility of the applicant to ensure that all provisions of this
Chapter are met.
' SECTION 12: VOLUNTARY PLANTING
This Chapter and Code shall not be interpreted to restrict, regulate, or limit the
' voluntary planting of any tree in the City of Clermont. The provisions of this
Chapter govern only the planting of trees which are required to be planted or
retained under this Code.
SECTION 13: VARIANCE APPEALS AND PENALTY
' (A) Variance. The preservation of any approved tree over 24' caliper
measured at four and one-half (4 1/2) feet above the existing grade, may
' be considered as the basis for the granting of a variance from the literal
application of the provision of the City of Clermont's Zoning, Subdivision,
or Sign Regulations. If, in the determination of the City Manager, the sole
' basis for the request for a variance is to preserve such tree which would
otherwise have to be removed, he may direct the required variance fee to
be waived.
' (B) Appeals. Any person adversely affected by the decision of the City of
Clermont in the enforcement or interpretation of this Chapter and Code
' may appeal such to the City Council within thirty (30) days and all
procedures specified as follows shall be used for such appeal.
' The City Council upon receipt of an application for adjustment of
landscaping requirements provided herein, which is filed on forms
prescribed by the City and executed and sworn to by the owner or tenant
' of the property concerned or by authorized agents as evidenced by written
power of attorney and accompanied by a fee shall have the authority and
duty to consider and act upon such application. The applicant shall, in the
' application, clearly and in detail state what adjustment of requirements are
being requested and the reasons such adjustments are warranted. The
petitioner shall accompany the application with supplementary data, such
' as sketches, surveyors and statistical information as is deemed necessary
to substantiate the adjustment The Council shall approve or modify only
Clermont Land Development Code Page 19
Chapter 13 Landscape, Buffer and Tree Requirements
if it determined that approval of any adjustments would not be contrary to
the public interest, would be in keeping with and preserve the intent of this
Code, and resolve that literal enforcement of the above standards would
be impracticable and would result in unreasonable and unnecessary
hardship to the petitioner.
(C) Penalty for Violation
(1) Where violations of this Code have occurred, remedial action shall
be taken to restore the property consistent with a restoration plan
approved by the City of Clermont. The restoration plan may require
tree replacement at not more than four to one ratio of comparable
size and type of tree and require mitigation of any other damage to
the property, as well as tree replacement.
(2) No Certificate of Occupancy shall be issued for any development
until all applicable permit or restoration plan conditions have been
accomplished.
(3) Each tree destroyed or receiving major damage during construction
must be replaced pursuant to requirement of Section 9(C)(2).
(4) The property owner shall guarantee the survival of the trees
required to be planted.
(5) Failure to comply with the required remedial action shall be referred
to the Code Enforcement Board.
(6) Any person, association, firm or corporation violating any of the
provisions of this Code and failing to comply with any of the
provisions of this Chapter or failing to do anything required by this
Chapter shall, upon conviction, be fined not to exceed five hundred
dollars ($500) or imprisoned not to exceed sixty (60) days, and each
day's violation shall be separate offense. The City shall also have
the right to injunction or other process as provided by law for the
enforcement.
(D) Rules and Regulation -The City Council is hereby authorized to adopt by
resolution such rules and regulations as are necessary or proper. to
implement this Code.
The provision of this Code shall be subject to other applicable regulations
where such regulations are more restrictive and are not otherwise
inconsistent with the provision of this Chapter.
Page 20 Clermont Land Development Code
Chapter 13 Landscape, Buffer and Tree Requirements
The Administrative Official shall have the authority to issue a certificate of
completion to the owner or to the contrector or subcontractor which shall
indicate the portions of the construction and development which have
' been completed according to approved site plan and building code
requirements. ~- certificate of completion shall not authorize occuy~a~ oror
Rartial occupa~ of the building or premises.
(E} Fees -Appropriate fees shall be established by the City Council and
amended by Resolution as necessary.
SECTION 14: EXEMPTION
' The requirements of this Code shall ~ apply to removal of the following trees:
(a) Trees located within public road or drainage rights-of-way, utility
' rights-of-way, or permanent utility and drainage easements which no
alternative routes or methods exist or such alternative routes would
constitute undue hardship.
(b) Non-preferred trees.
(c) Trees less than six (6) Inches measured at four and one-half (4 i/2)
feet above the existing grade.
' SECTION 15: CITY TREE BOARD
The City of Clermont Beautification Committee shall be responsible to study,
investigate, counsel and develop and/or update annually a plan for the care,
preservation, pruning, planting, spacing, replanting, removal or disposition of
trees and shrubs in parks, along streets and in other public areas. Such plan
' will be presented annually to the City Council and upon their acceptance and
approval, shall constitute the official comprehensive tree plan for the City of
' Clermont. -
It shall be unlawful for any person to prevent, delay or Interfere with the City
' Beautification Committee, or any of its agents, or servants, while engaging in and
about the planting, cultivating, mulching, pruning, spraying, or removing of any
street tree, park trees, or trees on private grounds, as authorized by this Chapter
' and Code.
Clermont Land Development Code Page 21
Chapter 13 Landscape, Buffer and Tree Requirements
TABLE 13.1
PREFERRED TREE UST
COMMON NAME
BOTANICAL NAME
(~ American Elm, White Elm (D) Ulmus americans
()OQ American Holly (E) Ilex cassine
Bald Cypress (D) Taxodium distichum
Basswood (D) Tllia americans
()OQ Bluejack Oak (D) Quercus incana
(~ Cherry Laurel (E) Prunus caroliniana
(10() Chickasaw Plum (D) Prunus angustifolia
()OC) Coast Pignut Hickory (D) Carya Glabra megacarpa
()Q Dahoon Holly (E) Ilex cassine
pOC) Flowering Dogwood (D) Cornus florida
Fringe Tree Chionanthus virginic:a
Ironwood (D) Carpinus caroliniana
()OC) Laurel Oak (E) Quercus hemisphaerica
()0() Live Oak (E) Quercus virginiana
LobioUy Bay (E) Gordonia lasianthus
()OC) Myrtle Oak (E) Gluercus myrtifola
(X) Palatka Holly (E)
()OC) Palm Trees
()OC) Pignut Hickory (D) Carya glabra
()OC) Pond Cypress (D) Taxodium ascendens
Red Bay (E) Persea borbonia
()0() Redbud (D) Cercis canadensis
()OC) Red Maple (D) Acer rubrum
()OC) Sand Live Oak (E) Quercus geminate
()OC) Scrub Hickory (D) Carya floridana
()0() Southern Magnolia '(E) Magnolia grandiflora
()OC) Southern Red Cedar (E) Juniperus silicicola
()OC) Sugarberry (D) Ceitis laevigata
Sweet Bay (E) Magnolia virginiana
()0() Sweet Gum (D) Liquidambar styraciflua
Sycamore (D) Platanus occidentalis
Tulip Tree Liriodendron tulipfera
()OC) Turkey Oak (D) Quercus myrtifolia
()OC) Walter's Viburnum (E) Viburnum obovatum
()OC) Water Oak (E) Quercus nigra
()OQ Wax Myrtle (E) Myrica certifera
()OC) Wild Olive - Devilwood Osmanthus americanus
()OC) Winged Elm, Cork Elm (D) Uimus elate
Page 22 Clermont Land Development Code
Chapter 13 Landscape, Buffer and Tree Requirements
COMMON NAME
(~
(~
~I
(~
(~
(~
(~
(~
(~
(~
TABLE 13-2
PREFERRED SHRUB UST
BOTANICAL NAME
Arborvitae, Orinental (E)
Azalea (E)
Boxwood, Japanese (E)
Crape Myrtle (D)
Cypress, Leylandii (E)
Feljoa (E)
Holly, Ambigua {D)
Holly, American (E)
Holly, Burford (E)
Holly, Yaupon (E)
Juniper (E)
Palmetto, Saw
Palmetto, Scrub
Photinia, Red-leaf (E)
Photinia, Red-tip
'Fraserii'
Pittosporum, Japanese
Podocarpus, Yew (~
Privet, Chinese (E)
Privet, Florida (D)
Privet, Japanese (E)
Sage, Texas (E)
Silverthom {E)
viburnum, Sandankwa
Viburnum, Sweet (E)
Wax Myrtle (E)
KEY
Platycladus orientalis
Rhododendron hybrids
Buxus microphylla
Lagerstroemia indica
Cypressocyparis leytendii
Feijoe seliowiane
Ilex ambigua
Ilex opace
flex cornuta
ilex vomitoria
Juniperus spp.
Serenoa repens
Sabel etonie
Photinia glabra
Photinia fraserii
(E) Pittosporum tobira
()C) Podocarpus macrophyllus
Ligustrum sinense
Forestiere segregate
Ligustrum japonicum
Leucophyilum frutescens
Elageagnus pungens
(E) Viburnum suspensum
Viburnum odoratissimum
Myrica cerifere
()C) Xeriscape -moderate drought tolerance
()OC) Xeriscape -high drought tolerance
(D) .Deciduous
(E) Evergreen
Clermont Land Development Code Page 23
Chapter 13 Landscape, Buffer and Tree Requirements '
MMON NAME
Silk Oak
Jacaranda
Australian Pine
Eucalyptus
Ear Tree
Paper Mulberry
Chinaberry
Cajeput or Punk Tree
Florida Holly or
Brazilian Pepper
Chinese Tallow Tree
Mimosa
TABLE 133
NON-PREFERRED TREES
BOTANICAL NAME
Grevillea robusta
Jacaranda acutifolia
Casuarina species
Species
Enterlobium cyciocarpum
Broussonetia papyrifora
Nebia azedarch
Melaluca leucadendra
Schinus terebinfolius
Sapium sebiferum
Albizzia julibrissin
Page 24 Clermont Land Development Code
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SNAL.L BE USED TO SECURE ALL
TREES. SUPPLY RUBBER HOSE, AS
NEEDED, ON WIRE AT TREE CONTACT.
APPLY APPROVED TREE
WRAPPING AS DIRECTED
2" DEEP SAUCER WITH
COMPOST MULCH
FINISH GRADE
-,
-- ! a - ~- , 9" :~, ~ ~ ~ --III-- N=
~~_~; ~~ ~ I~f-!11-
-11I--f~~ .~_ ~~~ ,,mil-ffl=
PLANTING MIXTURE ~
WOOD STAKE OF
SUffABLE SIZE TO
STABILIZE TREE
1992
CITY OF CLERMONT Planning and Zoning F1GVI~:
'00
° TYPICAL TREE PLANTING DETAIL 13-2
NOT TO SCALE
REMOVE WRAPPING FROM
TOP OF ROOT BALL
/;'/ ,
/~~ / %~ j
~' ~ ;'
/: ~
;' ~/
PROJECTING '/ ,i
~.
CANOPY / /
/ ~;
j ~
~ / ~' ,~:
c
I v v
/ b ~OVERED~ ~ ~ / ~ / /
-~ AREAS ~ .`' DRIVES
~EXCLUDE~ b
° v ~ ~ v ~ ° ~ v AREAS BETWEEN
+ • • + • + PARKING AND DRNES
,~ •
%~~/ / ~ /
,~:~ ~
:' ~ %
20' ~ :' p /
j ~ ~
o ~ /~
/ PARKING ~ ~;~
o W
• ~
m
MAXIMUM
5 FEET
BUILDING
cn
w-~/
p.z
~.U
W
/~ ~.'
/ ~'O/
CORNERS COUNT m z
~ ~~~ ~ ~~~
l/ '•y w-
v - ,v
y . = ELIGIBLE AREAS FOR LANDSCAPING
INELIGIBLE AREAS FOR LANDSCAPING
1993
CITY OF CLERMONT Planning and Zoning FIGURE:
Opp LIMffS OF AREAS AVAILABLE FOR
VEHICLE USE AREA LANDSCAPING 13-4
~~
NOT TO SCALE
0
0
c
PROPERLY CONSTRUCTED BARRICADE PROTECTS THE TOTAL AREA
WITHIN THE DRIP LINE OR A RADIUS OF 20', WHICHEVER IS LESS
CITY OF CLERMONT Planning and Zoning
O~ BARRICADE FOR TREE PROTECTION
~~ DURING CONSTRUCTION
NOT TO 9GAL.F
1993
__
FIGURE:
13-5
CHAPTER 14
UTILITIES
SECTION 1: PURPOSE AND INTENT
The following requirements and regulations are intended to provide water,
sanitary sewer, reclaimed water and solid waste facilities necessary to: 1) meet
the level of service requirements of the Comprehensive Plan; 2) provide
adequate service capacities for individual projects; 3) meet the requirements of
other related Codes and standards adopted by the City or required by regional,
state, and federal agencies.
SECTION 2: IN GENERAL
(A) Connection to Utility Systems
Unless specifically allowed otherwise herein, all water, sanitary sewer and
reclaimed water improvements shall be designed to connect to the City's
central utility systems.
~' (B) Adoption of Standard Construction Details
' All utility construction shall comply with Standard Construction Details as
adopted by resolution of the City Council. Any deviation from the adopted
standards shalt be clearly noted in plans and specifications as such, and
t specifically approved by the City. If inadvertent deviations in plans are not
so noted, adopted standards shall apply.
' SECTION 3: WATER SERVICE
' (A) Minimum Service Requirements
All development shall provide new facilities, or expand existing facilities, to
' provide minimum service as follows:
(1) Subdivisions shall construct water mains necessary to provide
' adequate water service for domestic use and fire protection to each
lot created. Minimum water main size installed shall be per Table
14-1 "Minimum Main Size, Flow Rate and Hydrant Spacing by Land
Use'. Water service taps shall be installed for each lot, with a
minimum one inch (1' tap for single residential service, and a
minimum one inch (1'~ tap for a double residential service.
' Commercial services shall be sized based on the anticipated highest
water demand of allowed land uses.
1
Clermont Land Development Code Page 1
Chapter 14 Utilities
(2) Site development plans shall show construction of water mains
extending to the site and on site, as necessary to provide adequate
water service for domestic use and fire protection for the proposed
buildings and uses. Minimum water main size installed shall be per
Table 141 'Minimum Main Size, Flow Rate and Hydrant Spacing by
Land Use'. Water service tap(s) shall be instaNed if not already
available, based on the anticipated domestic water and fire sprinkler
flow demand of the proposed building and use.
(B) Water Distribution System Design
The layout of water distribution systems shat! comply with the following
design criteria, and the adopted Standard Utility Details of the City.
(1) Minimum size. When designing water mains to meet the criteria in
(A) above, main size shall always be sized so that any new main is
fed by an existing main of equal or larger size.
(2) Extension of tines to project boundaries. Water mains shall be
designed to 'stub out' to the project boundaries to serve adjacent
unserved properties. This shalt include mains in all rights-of-way
across the entire project frontage on existing roads without existing
mains, and to the property boundary via easement where there is
insufficient access to provide a looped system to adjacent unserved
properties.
(3) Valves. Valves shall be placed at a maximum spacing of five
hundred (500) feet along all water mains, and at afl intersections of
water mains. The number of valves installed at an intersection shall
be two (2) at a three-leg intersection and three (3) at four-leg
intersection.
(4) Loo in Except as provided below, all water mains shall be looped
to provide for adequate pressures and system redundancy. Water
mains shalt be designed so that in the event that water supply is
interrupted on one end of the loop, the flow of water to the loop
shall not be entirely eliminated. In order to meet the requirement for
such system looping the points of new connection to the existing
distribution system shalt be as far apart as possible and no closer
than 500 feet along the existing water line(s).
Page 2 Clermont Land Development Code
' Chapter 14 Utilities
(5) Provisions for non-looped water mains. In recognition that looped
' water mains may sometimes become logistically impractical, the
following applications may be permitted upon formal review and
approval of the Site Review Committee:
(a) In cul-de-sacs or cases where a fire hydrant is required on the
' opposite side of a right-of-way from an existing water main,
dead end water mains supplied by a looped water main of
equal or larger size may be extended up to two hundred-fifty
(250) feet for required six inch (6'~ water mains and up to five
hundred (500) feet for required eight inch (8'~ and larger water
mains.
'
(b) Temporary dead end lines may, in certain instances, be
permitted in those areas where there is no ability to loop lines
within the criteria of this Code until adjoining properties are
developed. Such dead end lines shall only be allowed when
served by mains of eight inch (8'~ diameter or greater and
' where clearly designed to extend to adjoining properties in
the future. All such lines shall provide adequate 'blow-ofP
points.
(c) Dead end mains exceeding the length allowed in (a) above
may, in certain instances, be allowed where the main is
'
' increased in size by at least two inches (2
~ in diameter, and
design pressures can still meet the requirements of this Code.
(6) Pressure requirements. All system design and fire flow calculations
shall maintain a 20 pounds per square inch residual pressure in the
' system during maximum domestic and fire demand on the system.
Calculations shall be based on existing system flows and pressure
at or near the proposed point of connection.
' (C) Fire Hydrants
Fire hydrants shall not be installed on any water main of less than six
' inches (6'~ inside diameter. The last twenty (20) feet of a pipe lateral
closest to and serving a single fire hydrant may be reduced to six inches
' (6'~ to enable the control valve to be sized to six inches (6'~.
(1) Placement and spacing. Except as provided herein, fire hydrants
' shall be installed at all street intersections and at intervals between
street intersections not to exceed the distances listed in Table 14-1
'Minimum Main Size, Flow Rate and Hydrant Spacing by Land Use'.
Clermont Land Development Code Page 3
Chapter 14 Utilities 1
(2) sprinkler or standpipe systems. Where a sprinkler or standpipe ,
system is provided, a fire hydrant shall be located at least fifty (50)
feet away from the structure but not more than one hundred (100)
feet away from the Fire Department's connection for the system. ,
(3) On-site hy. rants. When buildings, other than one and two-family
dwellings are situated off of a road or other drive so as to cause
hose lays from the nearest hydrant in excess of the permitted
distances listed in Table 14-1, a sufficient number of hydrants shaft
be provided on-site meeting ail the requirements of this Chapter.
(4) Hay measurement Hose lay measurement shall be the
distance from a hydrant, along a road, drive, or other travelled way ,
designed to accommodate fire equipment, to the attack location
approved by the Fire Official. Hose lay is not allowed across any
collector or arterial road to meet the minimum requirements of this '
Section.
(5) Hydrant specification and installation. Ali fire hydrants shall be of
the breakaway design, meeting the specifications of the Standard
Construction Details, and specifically approved by the fire and
public utilities departments to assure standardization. The standard
hydrant approved for use in the City is the Mueller model A-423.
Hydrants shall be installed as depicted in the Standard Construction
Details, with the center of the lowest operating outlet no less than
eighteen (18) inches above grade, and the top of the operating nut
no higher than fifty-four (54) inches above the surrounding grade.
(6) Access and visibility. Hydrants shall not be located closer than
three (3) feet or more than thirty (30) feet from the edge of a street,
drive, or other accessway. No fence, tree, post, shrub, or other
object which could block the hydrant from normal view, or obstruct
the hydrant's use shalt be located within four (4) feet of the hydrant.
Unless otherwise requested by the Fire Official, the four and one-
half inch (4 1/2'~ large volume connection shaft face the nearest
roadway. No hydrant shalt be installed where pedestrian or
vehicular traffic would interfere with the use of the hydrant.
(7) Ownership and Maintenance. All fire hydrants located on public
right-of-ways or designed to serve multiple ownerships shall be
conveyed by approved instrument to the City. Once the City has
accepted ownership, the City shall be responsible for the
maintenance of these hydrants.
Page 4 Clermont Land Development Code
i
~'
' Chapter 14 Utilities
*In the event that certain items are not directly addressed
recommended standards for water works shall be used.
SECTION 4: SANITARY SEWER SERVICE
(A) Minimum Service Requirements
All new development shall provide required facilities to provide minimum
service as follows:
(1) Subdivisions shall construct sanitary sewers necessary to provide
adequate service to each lot created. The minimum diameter for
' sanitary sewer mains shall be eight inches (8'~ inside diameter.
Minimum sewer main slopes for both design and construction shall
be:
8 inch pipe - 0.40°6
10 inch pipe - 0.30°~6
' 12 inch pipe - 0.2296
An individual four inch (4'~ minimum sewer service lateral shall be
supplied for each single family, duplex unit or townhouse unit (e.g.
single family = 1 lateral; duplex = 2 laterals; quad unit = 4 laterals).
Services for commercial and industrial lots shall be sized based on
' the anticipated highest sewer demand of allowed land uses, but in
no case less than six inches (6'~ in diameter. Ali services shall be
installed at an adequate depth so as to serve the entire buildable
area of the subject lot, allowing for minimum slopes specified in the
City Standard Construction Details and this Code.
(2) Site development plans shall show construction of sanitary sewers
extending to the site and on-site, as necessary to provide adequate
sewer service for the proposed buildings and uses. The minimum
' diameter for sanitary sewer mains shall be eight inches (8'~ inside
diameter. Minimum sewer main slopes shalt be:
8 inch pipe - 0.40%
10 inch pipe - 0.30°~°
' 12 inch pipe - 0.22°~6
An individual four inch (4'~ minimum sewer service lateral shall be
supplied for each single family, duplex unit or townhouse unit
Services for multifamily buildings shall be six inch for up to eight (8)
units and eight inch (8'~ for nine (9) or more units. Services for
Clermont Land Development Code Page 5
1
Chapter 14 Utilities
commercial and industrial buildings shall be sized based on the
anticipated highest sewer demand of allowed land uses, but in no
case less than six inches (6'~ in diameter and shall include grease
traps or pre-treatment systems as required by this Code and the
adopted City Standard Construction Details. All services shall be
installed at an adequate depth so as to serve the planned building
sites, allowing for minimum slopes specified in the Standard
Construction Details and this Code.
(3) The use of on-site disposal systems (septic tanks) shall only be
permitted for temporary (specified date certain), isolated use in
areas with soils that are defined as suitable for septic tank use in
acxordance with Chapter 10 D-4, F.A.C. and where central sewer
service is not available for extension.
(B) Sewer Collection System Design
The layout of sewage collection systems shall comply with the foNowing
design criteria and the adopted Standard Utility Details of the City.
(1) Sanitary sewer mains. Mains shall be sized based on the maximum
upstream flow anticipated from the uses designated by the City's
adopted Future Land Use Map, with a minimum size of eight inch
(8'~. Minimum slope shall be as noted in (A) above, and maximum
slope shall be flue peccent (5°~6). Every subdivided lot shall be
served by a gravity sewer main located no further than one hundred
(100) feet from the nearest property line. Mains shall be installed
under paved areas, within public rights-of-ways. Mid-block and rear
yard locations are prohibited.
(2) Extension of sewer mains to project boundaries. Mains shall be
extended to project boundaries to serve adjoining unserved
properties. Such extensions will generally be within street stubs or
along existing street frontages, but may be required in easements
between lots or across open space areas. Where mains are
installed within one hundred (100) feet of an existing unserved
building lot, a service shall be installed for that lot.
(3) Manholes. Manholes shall be located at all changes in pipe scope
and direction, at the end of all sewer main stubs with service
laterals connected, and at intervals no greater than four hundred
(400) feet Manholes shall be located on street centerlines, where
applicable.
Page 6 Clermont Land Development Code
t Chapter 14 Utilities
' (4) ~leanouts. Cleanouts may be used only for special conditions and
shall not be substituted for manholes nor installed at the end of
' laterals of greater than one hundred fifty (150) feet in length.
(5) lift stations. All efforts should be made to serve projects from
' existing lift stations. When a new lift station is necessary, it shall be
located and designed so as to allow for the largest possible service
area, generally at a project perimeter. lift stations shall be located
' in a minimum 30 foot by 30 foot site dedicated to the City, and
adjacent to a public right-of-way. The final location and
configuration of all lift station sites shall be approved by the City,
' based on the requirements of this Code, and the City's
Comprehensive Plan.
(6) Sewer force mains. All lift stations shall transport sewage to the
treatment plant through force mains of a minimum diameter of four
inches (4'~. Force mains shall discharge into manholes and not into
' gravity mains, except those interceptor mains specifically designed
for that function. Force main sizing and routing shall be approved
by the City, based on the requirements of this Code and the Sanitary
' Sewer Sub-element of the City of Clermont Comprehensive Plan.
*In the event that certain items are not directly addressed
recommended standards for wastewater works shall be used.
SECTION 5: RECLAIMED WATER SERVICE
' A Minimum Service Re uirements
() q
All new developments located east of U.S. 27 shall provide reclaimed
water service facilities as follows:
' (1) Subdivisions shall construct reclaimed water mains to provide
irrigation and other non-potable service to all lots based on the
' projected amount of property to be irrigated, as well as other
potential non-potable uses. Reclaimed water service taps shall be
installed for each lot, with a minimum service tap size of 3/4'
' diameter. Actual service tap size and potential sharing of service
lines shall be reviewed and approved by the City.
(2) Site development plans shall show required irrigation systems
connected to reclaimed water mains where available. Where such
service is not currently available, irrigation systems shall be
Clermont Land Development Code Page 7
Chapter 14 Utilities
configured for ultimate connection to reclaimed water mains by '
locating pumps or potable water system connections adjacent to the
right-of--way or other planned reclaimed water main location.
(B) Reclaimed Water. System Design '
The layout of reclaimed water distribution systems shall comply with the ,
following design criteria, and the adopted Standard Utility Details of the
City.
(1) In eneral. Design and Installation practices, materials, and t
methods shall conform with requirements for potable water systems,
except whece specifically modified by policies or details adopted for '
the reclaimed water system.
(2) Main size. Mains shall be sized based on the anticipated demand
for reclaimed water use based on land use, soil characteristics, and
potential non-irrigation use. Minimum main size shall be six inches
(6'~ in diameter.
(3) Extension of lines to eroject boundaries. Reclaimed water mains
shall be designed to 'stub ouY to the project boundaries to serve
adjacent unserved properties. This shall include mains in all right-
of-way, across the entire project frontage on existing roads without
existing mains, and to the property boundary via easement when no
other access is available to unserved properties.
SECTION 6: CITY COST PARTICIPATION IN INFRASTRUCTURE
IMPROVEMENTS
The City will reserve the option to participate in the construction of certain up-
sized improvements designed to serve the larger needs of the City beyond the
requirements for an individual development project
(A) Water Mains
(1) Oversizing of water mains. Where the City specifies a water main to
be sized over eight inches (8'~ diameter, but the minimum service
levels required by this Code can be satisfied for the project using a
water main of eight inches (8'~ diameter or less, the City will
participate in the amount of the difference of pipe costs between an
eight inch (8'~ diameter line and the larger diameter specified by the
City.
Page 8 Clermont Land Development Code
Chapter 14 Utilities
(2) ~in~ extensions to serve development. Based on the goals,
' objectives, and policies of the adopted Comprehensive Plan, the
City will not participate in the base cost to install extensions to
' serve development, except as outlined above.
(3) Extension of lines to project boundaries. The City will not
' participate in the required extension of lines to project boundaries,
except in the case of additional pipe size as specified in this
Chapter and as outlined above.
' (B) Sewage Collection Facilities
' (1) Oversizing of sewer mains. Where the City specifies a sewer main
to be sized over eight inches (8'~ diameter, but the minimum service
levels required by this Code can be satisfied for the project using a
sewer main of eight inches (8'~ diameter, the City will participate in
the amount of the difference of pipe costs between an eight inch (8'~
diameter line and the diameter specified by the City.
(2) Additional lift station capacity. Where the City requires additional
wetwell diameter or mechanical pumping equipment of greater
capacity than that necessary to serve the project, the City will
participate in the difference between the facilities necessary to
provide service to the project and those specified to be installed by
' the City.
(3) Extension of lines to project boundaries. The City will not
participate in the required extension of lines to project boundaries,
except in the case of additional pipe size as specified in this
' Chapter and as outlined above.
(4) Oversizing of force mains. Where the City specifies a sewer force
' main to be sized over six inches (6' diameter, but the minimum
service levels required by the Code can be satisfied for the project
using a sewer force main of six inches (6'~ diameter, the City will
participate in the amount of the difference of pipe and fitting costs
between an six inch (6'~ diameter line and the diameter specified by
the City.
(C) Drainage Facilities
' The City will not participate in any drainage facility required for the
development. of a specific project. This includes culverts and bridges for
roads, driveways and sidewalks which cross existing or proposed swales,
Clermont Land Development Code Page 9
Chapter 14 Utilities '
1
ditches or canals. The City will not participate in the construction of
drainage facilities designed to accommodate the normal existing or natural '
flows from off-site watersheds.
Where the City requires drainage facilities to be increased in capacity to ,
alleviate existing development related drainage problems and flows not
normally anticipated under stormwater management requirements, the City
may option to participate in some costs of construction to accommodate '
the increase in capacity above the normally anticipated flows.
SECTION 7: SOLID WASTE COLLECTION SERVICE '
(A) Minimum Service Requirements
All townhouse, multifamily, commercial and industrial develo ment shall '
P
provide facilities for service as follows: _
(1) Townhouse and multifamily projects shall provide a dumpster pad
with approved enclosure at a ratio of one dumpster for every 25
residential units or fraction thereof. Fee simple owned townhouses
with direct road frontage (as opposed to parking lots or private
drives) are exempt from dumpster service requirements.
(2) Commercial developments shall provide one dumpster pad with
approved enclosure for every seven thousand five hundred (7,500)
square feet of retail space and every ten thousand (10,000) square
feet of office space.
(3) Industrial developments shall provide one dumpster pad with
approved enclosure for every ten thousand (10,000) square feet of
office or manufacturing space, and one dumpster for every thirty
thousand (30,000) square feet of warehouse space.
(4) Institutional buildings shall meet the requirements or combination of
requirements that reflect the specific use or uses of the building.
(5) These requirements are minimums based on twice a week service.
if the number of dumpsters does not meet the regular needs of the
development, the City may require the construction of additional
facilities or Increased rates for more frequent service.
Page 10 Clermont Land Development Code
Chapter 14 Utilities
' (B) Solid Waste Facility Design .
The layout and design of dumpsters and other solid waste facilities shall
' comply with the following criteria, and the adopted Standard Paving and
Drainage Details of the City.
(1) Accessibility. Dumpster pad locations shall be designed to
' accommodate front loading trucks. Multiple locations shall be
oriented to allow the shortest route to service the group of
dumpsters. Dumpster locations should generally be angled at 45
degrees or less from access drives except when located at
intersections allowing 90 degree access.
(2) Clearance. Fences, walls, landscaping and other improvements
shall be located so as to provide acceptable vehicle operating
' clearance, including vertical clearance from power lines, light
standards and trees.
' (3) Enclosure. Each dumpster location shall be surrounded by a
concrete masonry unit (CMU) enclosure with wooden gates as
depicted in Figure 14A. 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.
SECTION 6: ELECTRIC. TELEPHONE. AND TELEVISION CABLE
' INSTALLATION.
The following regulations shall apply to the installation, maintenance and
replacement of all electric, telephone, television cable and similar utilities within
the City. The general policy of the City is to require underground installation of
' such utilities to the greatest extent feasible, to assure public safety, foster tree
preservation, and protect the general aesthetic character of the City.
`"'
Installation Requirements
Except as provided below, all utility lines and services with the exception
of temporary construction lines, shall be installed underground at the
owner's, developer's, or builder's expense. This shall specifically apply to
ail cables, conduits, or wires forming part of an electrical distribution
system, including service lines to individual properties necessary to serve
new development, or existing development where new or upgraded service
is being installed. Underground installation shall not be required for:
Clermont Land Development Code Page 11
Chapter 14 Utilities ,
(1) Electric transmission lines. Those lines that transmit electricity
between generating stations and substations. '
(2) Electric Feeder Lines. Those lines that transmit electricity between
substations and individual subdivisions and projects. The
installation of new feeder lines will be coordinated between the City
and utility company.
3 urtenances such as trensformers, pedestal-mounted terminal ,
() ~-PP
boxes and meter cabinets, where placed on a level concrete slab
and located so as to minimize noise effects on surrounding ,
properties.
(4) Replacement of existing overhead service fines, where no other site ,
Improvements are required due to expansion or change of use.
(5) Replacement of lines on existing poles. '
(6) Service to individual residential lots in developed areas of the City
presently served by overhead utility lines (in-fill areas). '
*The use of areas within the City rights-of-way shall conform to
specifications of the City Public Works Manual.
(B) Aaaroval of Overhead Line and Service Routes
Waivers may be requested as part of the application for final subdivision
or site plan approval, or building permit. The following information shall be
submitted as part of the application:
(1) A letter requesting the waiver, providing written justification for the
granting of a waiver, including documentation from utility
companies, contractors, or engineers to verify cost estimates of
service demands.
(2) A map or engineering drawing showing the route of the proposed
lines, and existing or proposed easements covering the routes.
(3) A certified survey specifically showing trees that must be removed
or substantially pruned to allow the proposed construction.
Page 12 Clermont Land Development Code
' Chapter 14 Utilities
(4) Drawings showing the relationship of the proposed line to existing
and proposed lots, buildings, landscaping, streets and other
improvements. This may be reflected in typical details where
appropriate.
' (5) A drawing showing the construction detail of proposed lines and
poles, including dimensions and materials.
i
1
Clermont Land Development Code Page 13
Chapter 14 Utilities
TABLE 141 '
MINIMUM MAIN SIZE. FLOW RATE
AND HYDRANT SPACING BY LAND USE
Land Use
r 1
Detached Single Family
and Duplexes.
Group II
Townhouses, Multi-family
buildings less than three
stories & no more than twelve
units per building.
Group 111
Multi-family buildings, three
or more stories or over twelve
units per building and Commercial
buildings less than 10,000 sq. ft.
and three stories or less.
Group IV
Commercial buildings over
10,000 sq. n and Warehouse
and Industrial buildings.
Water Main Fire Hydrant
Minimum Maximum '
Size GPM Spacing Hose Lay
6" 500 500 250
8' 1000 500 250
8' 1200 500 250
10' 1500 400 200
*Interior separations or fire walls shall not be used to reduce the minimum water
supply requirements of this Section without the explicit written consent of the
Fire Official.
Note: This table is a guide for the development of new sites and subdivisions,
and does not guarantee fire flow adequacy outside of one and two-family
dwelling subdivisions. In those portions of the City where existing water mains
cannot meet the above requirements, other building-specific measures can be
used to reduce fire flow.
Page 14 Clermont Land Development Code
POURED LINTEL BEAM REINFORCED
WITH (1) HORIZONTAL #5 REBAR, (Typical)
VERTICAL ~5 REBAR,
4' C-C AND
AT CORNERS (Typical)
~n
STANDARD 8" X 16" CONCRETE BLOCK,
FILL ALL CORNER CELLS WfTH 3000 psi
CONCRETE, USE 'PEA GRAVEL SIZE AGGREGATE MAX.
4" CONCRETE SLAP REINFORCED WITH
6X6-W10XW10 WWF
3000 psi, 28-DAY CONCRETE 40 ksi STEEL
r 2 .' . / /
r _ ~~ ~ NATURAL GROUND COMPACTED TO
~ ~ 98' DENSITY BY MODIFIED PROCTOR
{2) #5 REBAR, CONTINUOUS (Typical)
SECTION VIEW
Do
o:
m
W
J
H
Z
0
N
tY
S
~.
FILL CORNER CELLS
(Typical)
VERTICAL #5 REBAR AT VARIES
EACH CORNER, (Typical)
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d • d • < • • ,
V• •
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(Typical)
SECURE HEAVY DUTY
GATE HINGES TO BLOCK WOOD DOORS WITH STEEL FRAMES
WALL WffH 1/2" ACHOR
OR WEDGE BOLTS PLAN VIEW
Not to Scale 1994
CITY OF CLERMONT Planning and Zoning FIGURE:
DUMPSTER DETAIL
14-A
CHAPTER 15
SIGN REGULATIONS
SECTION 1: PURPOSE AND INTENT
The intent of this Chapter is to ensure adequate means of communication
through signage while maintaining the attractive visual appearance within the
City. By specifying criteria for ail signage as stated herein, this Chapter is
intended to serve the following purposes.
(A) Maintain the established suburban character of the City by regulating all
exterior signage in a manner which promotes low profile signage of high
quality design;
(B) Protect and maintain the visual integrity of roadway corridors within the
City by establishing a maximum amount of signage on any one site to
reduce visual clutter;
(C) Establish locations and setback for signage which are designed to protect
motorists from visual distractions, obstructions and hazards;
(D) Enhance the appearance of the physical environment by requiring that
signage be designed as an integral architectural feature of the site and
structure to which such signage is intended to identify, and sited in a
' manner which is sensitive to the existing natural environment;
(E) Provide for signage which satisfies the needs of the local business
' community for visibility, identification and communication. .
(F) Establish procedures for the removal or replacement of nonconforming
' signs, enforcement of these regulations, maintenance of existing signs and
consideration of variances and appeals.
' SECTION 2: DEFINITIONS
Banner. A sign having the characters, letters, illustrations, or ornamentations
applied to cloth, paper, or fabric of any kind with only such material for a
backing. Banner shall include any animated, rotating, and/or fluttering devices
designed to attract attention.
' Billboard. Any outdoor advertising sign normally erected and maintained by an
advertising business or service, upon which advertising matter may be displayed
and which generally advertise firms and organizations that, along with their
goods and services, are not Located on the same premises as the sign; and
whose surface is sold, rented, or leased for the display of advertising material.
1
Clermont Land Development Code Page 1
1
Chapter 15 Sign Regulations
Canopy. A structure constructed of rigid materials, including but not limited to
metal, wood, concrete, plastic or glass, which is attached to and supported by a
building or by columns, poles or braces extended to the ground.
Canopy Sign. A sign which is suspended from, attached to, supported from, or
forms a part of a canopy.
Directional Sign. Any sign which serves solely to designate the location or
direction of any place or area.
Double Faced Sign. A sign with two faces which are usually but not necessarily
parallel and usually but not necessarily with the same copy.
Facade. The entire building wall, including wall face, parapet, facia, windows
and doors.
Frontage. The linear footage of property abutting a dedicated street or highway
as measured along a lot or parcel of land. For business in shopping centers it
shall be measured along the front face of that portion of the building occupied
by the business.
Freestanding or Ground sign. Any sign which is supported by masonry, wood,
metal or similar structure, uprights, or braces and is permanently installed in or
on the ground on a permanent base and intended to be permanently affixed
thereto.
Illuminated sign. Any sign illuminated internally or from the rear of the sign by
silhouette lighting or luminous tubing; or a sign illuminated externally from a
light source such as a spot light or other such light projector.
Ingress/Egress sign. A sign which designates only the direction of ingress and
egress of a parking area or driveway such as "In', "Out', or "One Way".
Marquee (or Canopy). A permanent roof-like structure supported and extending
from part or all of the building face and fully or partially covers a sidewalk,
public entrance or other pedestrian way, which is constructed of some durable
material such as metal, glass or plastic.
Marquee sign. A sign attached to or part of a marquee, fixed awning or canopy.
Marquee signs shall not extend above the highest point of a marquee.
Mural sign. A sign painted directly on any exterior building wall or door surface,
exclusive of window and door glass area.
Page 2 Clermont Land Development Code
Chapter 15 Sign Regulations
O!f-site sign. A sign identifying, advertising or directing the public to a business,
merchandise, service, institution, residential area, entertainment or activity which
is located, sold, rented, based, produced, manufactured, furnished or taking
place at a location other than on the property on which the sign is located.
On-site sign. A sign related in its subject matter to the premises on which it is
located.
Political sign. A sign or poster advertising either a~candidate for public office or
apolitical cause, subject to election.
Projecting sign. A sign other than a wall sign, which projects from and is
supported by the wall of a building or structure.
Real Estate Sign. A sign erected by the owner or his agent, advertising the real
property upon which the sign is located for rent, for lease or for safe.
Roof sign. A sign erected over or on, and wholly or partially dependent upon,
the roof of any building for support, or attached to the roof in any way.
Shingle sign. A projecting sign or wall sign not over four (4) square feet in area,
constructed of metal or other durable material, attached securely to a building.
Shopping center. A group of four {4) or more retail stores, service
establishments or any other businesses, not necessarily owned by one party nor
by a single land ownership which are adjacent to and utilizing a common parking
area or areas.
Sign. Any advertising display in the form of any letters, figure, character, mark,
plane, point, marquee, design, poster, picture, stroke, stripe, line, trademark,
reading matter, or device, or any combination of the foregoing, placed, attached,
painted, erected, fastened or manufactured in any manner whatsoever, so that
the same be designed or used for the information of persons or the attraction of
persons to any place, subject, person, firm, corporation, public performance,
merchandise, whatsoever, and which is displayed in any manner out-of-doors, is
a sign.
Snipe sign. A sign which is tacked, nailed, posted, pasted, glued or otherwise
attached to trees, power poles, street poles, stakes or fences, or to other
objects, and the advertising matter appearing thereon is not applicable to the
object of present use of the premises upon which such sign is located.
Clermont Land Development Gode Page 3
Chapter 15 Sign Regulations '
Spedacular slgn. A sign wired for incandescent lighting, luminous tube lighting, '
or both, animated with copy action controlled by flasher circuit breakers, moving
lighting, matographs, or similar devices.
Subdivision entrance sign. An entrance sign shall mean a sign which designates '
the name of a subdivision or of a residential district and is located at or in close
proximity to the main entrance. '
Vehide/portable signs. A sign affixed to a vehicle or trailer or designed to be
temporarily emplaced without a permanent base or fastening. Temporary tie-
downs or weighting may be required by the Administrative Official to meet safety
requirements.
Wall sign. A sign affixed to or painted on the wall facade of any building, that
projects less than eighteen (18) inches and which the exposed face of the sign is
in a plane parallel to the planes of said wall. Wall signs may not extend above
the roof line or facade. All wall signs shall relate to the business conducted on
the premises or in the building on which such sign is located.
Zoned district or zoning requirements. Whenever employed in this Chapter
these words or words of similar import shall be construed to pertain to the
zoning ordinance for buildings, similar structures, and land use in the City of
Clermont, Florida.
SECTION 3: PERMITS
(A) Permits Required
It shall be unlawful for any person to hereinafter erect, alter, display,
change, or relocate any sign within the City without having first obtained a
permit therefore, except exempt signs, until after said permit has been
issued by the Administrative Official or established designee thereof, and
a fee paid to the City.
Application for a sign permit shall be made by the owners of the premises
or appointed agent on a form or forms provided by the City prior to the
erection or placing of any sign proposed. Such application shall include
the following:
(1) Name and address of the owner(s) of the property;
(2) Name and address of the sign company erecting the sign;
(3) The street address or legal description of the property upon which
the proposed sign is to be located;
(4) The height, size, and shape of the proposed sign;
Page 4 Clermont Land Development Code
LII
Chapter 15 Sign Regulations
(5) A plan, sketch, blueprint or similar presentation, drawn to scale,
showing all pertinent structural details of the proposed sign.
(6) A site plan, sketch, blueprint or similar presentation, drawn to scale,
showing all pertinent information verifying the specific location of
the proposed sign, and the height, size, shape and location of
existing signage on the premises.
(B) Permit Fees
Fees under this Code shall be as set by resolution of the City Council of
the City of Clermont, Florida.
' (C) Work to be Performed by Owner. Lessee or Licensed Contractor
The work necessary to construct, install, erect, illuminate, paint or modify
' signage within the City shall conform with the following:
(1) Work which may be performed by a property owner or lessee:
(a) Painting the face of any freestanding or wall sign;
(b) Installation or attachment of any individual letters, which does
' not require electrical service or structural modification of the
surface or wall to which such letters are being attached; or
(c) Construction and erection of any freestanding sign with height
less than six (6) feet, which is non-illuminated.
(2) Work which shall be performed by a sign contractor, general
' contractor or building contractor licensed with the City to perform
such work:
' (a) Construction, installation, erection or electrical connection of
any sign which is illuminated;
(b) Construction, installation, or erection of any freestanding sign
requiring wind load calculations, over the height of six (6)
feet;
(c) Construction, installation, or erection of any sign which is
located above a pedestrian walkway or on the front fascia of a
canopy over a pedestrian walkway;
' (d) Construction, installation, or erection of any projecting sign
permitted by this Chapter; or
(e) Construction, installation, or erection of any sign not
described in Section 3 (C)(1) above.
Clermont Land Development Code Page 5
Chapter 15 Sign Regulations
(D) Issuance of Permit
Upon receipt of an application for a sign permit, the Administrative Official
or established designee shall review the plans, specifications and other
data relating to such sign, and, if considered necessary, inspect the
premises upon which the sign is proposed to be erected. If the proposed
sign is in compliance with this Chapter and all other applicable laws and
Codes of the City, a sign permit shall be issued upon receipt of the permit
fee.
(~ Exemptions
Exemption from the requirement to obtain a sign permit shall be permitted
under the following circumstances:
(1) The erection, construction, or installation of any sign described in
Section 4(A) of this Chapter;
(2) The repair, maintenance or repainting of any existing sign which is
deemed conforming or allowed to continue as non-conforming under
provisions of this Chapter; or
(3) The replacement of any existing sign panel or face on a structure
which is deemed conforming or allowed to continue as non-
conforming under provisions of this Chapter.
NOTE: See Section 4(D) for modification standards applicable to
existing signs.
(~ Expiration of Permit
A sign permit shall expire and become invalid in accordance with the rules
set forth in the development code for all permits in general.
SECTION 4: GENERAL PROVISIONS
(A) Exempt Signs
The following signs are exempt from the permit requirements of this
Chapter provided they are not placed or constructed so as to create a
hazard of any kind. The following signs must still meet applicable
construction and electrical standards required by City, State or other
appropriate agency Codes:
Page 6 Clermont Land Development Code
' Chapter 15 Sign Regulations
(1) One (1) sign per street frontage, not exceeding six (6) square feet in
total area, offering the specific property for sale, rent or lease by the
owner or his agent, provided the sign is located on the property
offered.
(2) A marquee sign over a show window or door of a store or business
' establishment announcing only the name of the proprietor and the
nature of the business, not exceeding four (4) square feet in area.
(3) A sign painted on the door or show window limited to the name of
the proprietor, name or nature of business, hours of operation and
emergency telephone numbers, when ali letters and characters are
' no more than six (6) inches in height
(4) Aground sign not exceeding two (2) square feet in area and bearing
' only property numbers, post office box numbers, names of
occupants of premises, or other identification of the premises not
having commercial connotations.
'
(5) Directory signs for businesses limited to two 2 s uare feet er
() q P
' occupant, affixed to a wall or ground sign.
6
() Private round directional or instructional si ns that direct and
9 9
' guide traffic, parking, or pedestrian movements on private property
provided the individual letters composing such a sign do not exceed
six (6) inches in height. Signs may be illuminated and display the
name, logos, symbols or designs of the establishment; however,
' such signs shall not exceed four (4) feet in height and not exceed
four (4) square feet m area.
(7) Memorial signs or tablets, names of buildings and date of erection,
when cut into any masonry surface or when constructed of bronze
or other noncombustible materials and attached to the surface of a
' building.
' (8) Legal notices and official instruments.
(9) Signs necessary to promote health, safety and general welfare, and
' other regulatory, statutory, traffic control or directional signs erected
on public property as required by governmental entities with
permission as appropriate from the City of Clermont, County of
' Lake, State of Florida or United States Federal Government.
Clermont Land Development Code Page 7
Chapter 15 Sign Regulations
(10) Paper signs displayed inside show windows of retail establishments
so long as no part of the display moves or contains flashing lights
and does not exceed twenty-five percent (25°k) of the window area.
(11) Bulletin boards and identification signs for public, nonprofit or
religious facilities, located on the premises and not exceeding
twenty-four (24) square feet in area.
(12) Those banner signs permitted in Section 4(B).
(13) Menus of less than two (2) square feet mounted at the entrances to
restaurants.
(14) The flying of three (3) or less ground mounted, freestanding,
national, state or city flags, provided that such flags shall not be
used in such a manner as to attract attention for commercial
purposes.
(15) Decorative flags and bunting for a celebration, convention, or
commemoration of significance to the entire community when
authorized by the City Council for a prescribed period of time.
(16) Holiday lights and seasonal decorations displayed at times when
such lights and decorations are generally considered appropriate.
(B) Prohibited Signs
It shall be unlawful to erect, cause to be erected, maintain or cause to be
maintained any sign described as follows:
(1) Commercial or Office signs within residentially zoned land: No
commercial or office use sign shall be located upon any
residentially zoned property, except signs advertising uses allowed
outright, by variance, or by conditional use permit approval in that
residential zone that conform with the Section of this Chapter and
Code relating to that use.
(2) Traffic or Pedestrian Hazard: Any sign which constitutes a traffic
hazard or a detriment to traffic safety by reason its size, location,
movement, content, coloring or method of illumination. Any sign
which obstructs the vision between pedestrians and vehicles using
the public right-of-way, including, but not restricted to, those not
meeting visibility requirements of this Code. Specifically prohibited
are signs using:
Page 8 Clermont Land Development Code
Chapter 15 Sign Regulations
(a) Rotating or flashing signal lamps similar to those used on
emergency vehicles regardless of location or color.
(b) Signs that resemble any official sign or marker erected by any
government agency, or that by reason of position, shape or
color, would conflict with the proper functioning of any traffic
sign or signal, or be of a size, location, movement, color, or
illumination that may be reasonably confused with or
construed as, or conceal, a trafficcontrol device.
(c) Lights or illuminations that flash, move, rotate, scintillate,
blink, flicker, or vary in intensity or color.
(d) Signs, within fifty (50) feet of public rights-of-way or one
hundred (100) feet of traffic control lights, that contain red or
green lights that might be confused with traffic control lights.
(e) Words and traffic control symbols so as to intertere with,
mislead, or confuse traffic, such as "STOP", "LOOK`,
"CAUTION', "DANGER", OR "SLOW".
(f) Signs that are of such intensity or brilliance as to cause glare
or impair the vision of any motorist, cyclist, or pedestrian
using or entering a public way, or that are a hazard or a
nuisance to occupants of any property because of glare or
other characteristics.
(3) Signs of any description erected or placed in any location where its
presence will intertere with clear sight distances of either motor
vehicles or pedestrian traffic.
(4) Signs that are in violation of the Building Codes or Electrical Codes
adopted by the City.
(5) Signs with visible moving, revolving, or rotating parts or visible
mechanical movement of any description or other apparent visible
movement achieved by electrical, electronic, or mechanical means,
except for traditional barber poles.
(6) Signs with the optical illusion of movement by means of a design
that presents a pattern capable of giving the illusion of motion or
changing of copy.
(7) Signs, commonly referred to as wind signs, consisting of one or
more pennants, ribbons, spinners, streamers or captive balloons, or
other objects or material fastened in such a manner as to move
' upon being subjected to pressure by wind.
Clermont Land Development Code Page 9
Chapter 15 Sign Regulations
(8) Signs or sign structures that interfere in any manner with free use of
any fire escape, emergency exit, stand pipe, window, door or
opening used as a means of ingress or egress or ventilation or so
as to prevent free passage from one part of a roof to any other part
thereof.
(9) Signs that display any statement, word, character, or illustration of
an obscene, indecent, or immoral nature.
(10) Signs that contain any lighting or control mechanism that causes
unreasonable interference with radio, television or other
communication signals.
(11) Banner signs are prohibited except for:
(a) Those of a temporary nature which are incidental to a
convention or anon-commercial venture and are approved by
the Administrative Official.
(b) Two (2) flag banners per model home or apartment building
limited to sixteen (16) square feet and to be displayed only
during the time the model home or apartment is open daily for
inspection.
(c) Permanent, non-illuminated signs on fabric canopies in place
of marquee signs. Banner signs may not be placed across
any street or thoroughfare.
(12) Banners or signs placed across any street or other public way or
premises without first having obtained written approval of the
Administrative Official.
(13) Signs having florescent colors.
(14) The following signs or sign features are prohibited:
(a) Bull's-eye, sequential, or flashing lights designed to focus
attention to a single point.
(b) Signs that incorporate projected images, emit audible sound,
odor or visible matter such as smoke or steam, that is
intended to attract attention of the general public, or involve
the use of live animals.
(c) Handmade, non-professional signs other than exempt yard
sale signs.
Page 10 Clermont Land Development Code
Chapter 15 Sign Regulations
(15) Signs on public utility poles and trees, including political signs (i.e.
Snipe Signs).
(16) Signs on seawalls and retaining walls.
(17) Abandoned signs.
(18) Roof signs.
(19) Off-site signs are prohibited except for those expressly permitted in
Section 7.
(20) Handbills, circulars, or other similar forms of advertising matter
distributed by throwing or placing the same on or into any vehicle
within the City.
(21) Signs that are painted, or printed on any curbstone, flagstone,
pavement, or any portion of any sidewalk or street, except
specifically authorized house numbers and traffic control signs.
(22) Strings of light bulbs used on non-residential structures for
commercial purposes, other than traditional holiday decorations.
(23) Any other signs that are not specificaNy permitted or exempted by
this Chapter.
NOTE The illumination of any sign located so as to be visible from
any street or thoroughfare shalt not exceed three (3)
footcandles at any point along the paving or curb. The
brilliance of lighting at any location shalt conform to the
standards of the commercial zone at the borders of residential
property.
' (C) Construction and Maintenance Standards
' All signs together with their supports, braces, guys and anchors, shall be
erected, constructed, and maintained in accordance with the provisions
and requirements of the building code, electrical code, and atl other
applicable codes, ordinances or requirements of the City. All copy shall
be maintained so as to be legible and complete, and if of painted material,
in whole, or in part, shall be kept well painted, and shalt be repainted
whenever the paint is peeling, blistered or faded.
Clermont Land Development Code Page 11
Chapter 15 Sign Regulations
The area immediately surrounding ground signs shall be kept free of all
untended vegetation and debris so as to comply with the intent of this
Chapter.
No sign of any type shall be constructed, placed, or erected on any space
used to meet the City minimum parking requirements.
The Administrative Official or established designee thereof shall inform the
owner whenever the requirements of this Chapter are not complied with.
Signs not in compliance shall be removed by the owner, agent or person
having beneficial use of the location within thirty (30) days after written
notification from the Administrative Official.
(D) Modification of Existing Conforming Signs
(1) Modifications shall not result in a sign which violate requirements of
this Chapter or Code.
(2) Modifications which alter height or sign area shall require a sign
permit, as provided in this Chapter.
(3) Modifications shalt be subject to the appropriate and applicable
provisions of this Chapter.
(E~ Height and Setback Requirements
(1) The height of signs shall not exceed twenty (20) feet.
(2) Measurements for height and setback for all signs shall be made
from that portion of the sign nearest that point of ground reference
to which the measurements are to be made. The height shaft be
measured from grade leve{ at the edge of the street pavement and
shall include all decorative portions of the signs. Afl setback
measurements shall be made from the property line as a point of
reference unless otherwise specified.
(3) The following measurements apply to the type of sign as listed:
Ground signs: Ground signs whose total height is three (3) feet
above grade or less may be erected as close as five (5) feet from
the front property tine, but shall not be located within fifteen (15)
feet of any point of vehicular access to a pubic street and shall not
block the view of traffic in any manner. Such signs shall not exceed
twenty (20) square feet in area.
Page 12 Clermont Land Development Code
Chapter 15 Sign Regulations
Ground signs whose total height is greater than three (3) feet above
grade shall be located a minimum of fifteen (15) feet from the front
property line and shall not exceed two-hundred (200) square feet in
area.
No ground sign shall be located nearer than fifty (50) feet from
intersecting street right-of-way lines on Highways 50 and 27, and
thirty (30) feet on other streets.
Houses of Worshic: Houses of worship shall be allowed one ground
sign for each street frontage which shaft not exceed five (5) feet in
height or thirty-two (32) square feet in area. Such signs shalt
indicate nothing other than times of worship or other information
pertaining to church activities.
Wall signs: Wall signs may not project more than eighteen (18)
' inches from the wall and may not extend above the roof or facade
line.
' Projecting signs: Projecting signs must be a minimum of eight (8)
feet above grade level or pedestrian ways and may not extend
above the roof or facade line.
' Vehicle ortable si ns: Vehicle/portable signs may be located
adjacent to the property line with permission of the Administrative
Official or established designee thereof.
' Ground directional signs: Ground directional signs may be located
adjacent to the property line.
' SECTION 5: DETERMINING AREA AND NUMBER OF SIGNS
Except where specifically permitted the number, type and area of signs may not
be combined to allow a larger size or greater number of signs than that listed for
the specific parcel in the designated zoning district. Where the frontage of a
parcel has been utilized previously to permit a sign or signs and one or more
t lots or parcels are subsequently sold or subdivided, no new sign may be erected
on the property sold or subdivided until the size of the original sign or signs is
brought into conformity with the remaining frontage.
Clermont Land Development Code Page 13
' Chapter 15 Sign Regulations
feet in height, and twenty (20) feet in width. Freestanding signs
' shall be setback a minimum of twenty-five (25) feet from side lot
lines and five (5) feet from rights-of-way.
(a) Industrial multi-tenant complexes or parks under 50,000
square feet of floor area may be permitted complex or park
identification of one hundred (100) square feet or less.
' (b) Industrial multi-tenant complexes or parks of 50,000 square
feet to 100,000 square feet of floor area may be permitted
' complex or park identification of two hundred (200) square
feet or less.
(c) industrial multi-tenant complex or parks of over 100,000
square feet of floor area may be permitted complex or park
identification of three hundred (300) square feet or less.
' (2) Each platted lot in an industrial park subdivision may be permitted
one (1) freestanding identification sign on each street frontage, not
to exceed thirty-two (32) square feet. Such signs shall not exceed
' twenty (20) feet in height, and twenty (20) feet in width.
Freestanding signs shall be setback a minimum of twenty-five (25)
feet from side lot lines and five (5) feet from rights-of-way.
(3) Each industrial multi-tenant complex or detached building in an
industrial park may be permitted one (1) wall sign on each end of
the building, not exceeding thirty-two (32) square feet The design
and height requirements for the wall signs shall meet the following
design guidelines:
a Consist of individual letters.
()
(b) Shall be illuminated by means of reverse channel opaque
faced individual letters or external flood lighting.
(c) Shall be primarily be made of wood or metal, or other
materials simulating wood or metal. Solid plastic sign faces
shall be prohibited.
(d) Shall have a maximum height of individual letters not
' exceeding two (2) feet.
(4) Each tenant of amulti-tenant complex shall be allowed to construct
the following signs:
(a) One (1) wall or marquee sign per business, not exceeding any
area equal to ten (10°~) percent of the front wall face height
multiplied by the business frontage, including windows and
door area, not to exceed one hundred (100) square feet.
Clermont Land Development Code Page 17
Chapter 15 Sign Regulations
(b) One (1) sign per business, erected perpendicular to the
building, not projecting beyond the sidewalk, and below a
marquee or canopy. Construction shall be a minimum of eight
(S) feet in height above any pedestrian way, and not to exceed
four (4) square feet of sign area.
(5) Directory signage for multi-tenant complexes may consist of one (1)
wall or freestanding directory sign for each building not to exceed
two (2) square feet per tenant, or twenty-four (24) square feet in
total area, whichever is less. Such signage shall be oriented to
parking and pedestrian areas for directional purposes only, and
shall not be oriented outside the complex. The maximum height of
any individual letter within the permitted area shall not exceed four
(4) inches. Freestanding directory signs shall not exceed eight (8)
feet in height.
(D) Office Complexes and Office Parks
Office complexes and office parks may be permitted signage under this
Section. However, the following criteria are to be considered guidelines
for maximum signage. All complex and park signage shall be reviewed
and approved by the City as to final size, location and coordination as part
of the site development plan review process.
(1) Each office complex or office park shall be permitted one (1)
freestanding identification sign on each street frontage, or principle
entry to a park, according to the standards defined below. Such
signs shall not exceed twenty (20) feet in height, and twenty (20)
feet in width. Freestanding signs shall be setback a minimum of
twenty-five (25) feet from side lot lines and five (5) feet from rights-
of-way.
(a) Developments under 25,000 square feet of floor area may be
permitted complex or park identification of one hundred (100)
square feet or less.
(b) Developments of 25,000 square feet to 50,000 square feet of
floor area may be permitted complex or park identification of
two hundred (200) square feet or less.
(c) Developments of over 50,000 square feet of floor area may be
permitted complex or park identification of three hundred
(300) square feet or less.
Page 18 Clermont Land Development Code
Chapter 15 Sign Regulations
(2) Each platted lot in an office park subdivision may be permitted one
(1) freestanding identification sign on each street frontage, not to
exceed thirty-two (32) square feet. Such signs shall not exceed
twenty (20) feet in height, and twenty (20) feet in width.
Freestanding signs shall be setback a minimum of twenty-five (25)
' feet from side lot lines and five (5) feet from rights-of-way.
' (3) Each office complex or detached building in an office park may be
permitted one (1) wall sign on each end of the building, not
exceeding thirty-two (32) square feet. The design and height
' requirements for the wall signs shall meet the following design
guidelines:
(a) Consist of individual letters.
(b) Shall be illuminated by means of reverse channel opaque
faced individual letters or external flood lighting.
' (c) Shall be primarily be made of wood or metal, or other
materials simulating wood or metal. Solid plastic sign faces
shall be prohibited.
t (d) Shall have a maximum height of individual letters not
exceeding two (2) feet.
' (4) Each tenant of an office complex shall be allowed to construct the
following signs:
(a) One (1) wall or marquee sign per business, not exceeding an
area equal to ten (10%) percent of the front wall face height
' multiplied by the business frontage, including windows and
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(b) One (1) sign per business, erected perpendicular to the
building, not projecting beyond the sidewalk, and below a
marquee or canopy. Construction shall be a minimum of eight
(8) feet in height above any pedestrian way, and not to exceed
four (4) square feet of sign area.
' (5) Directory signage for office complexes may consist of one (1) wall
or freestanding directory sign for each internally accessed office
building not to exceed two (2) square feet per tenant, or twenty-four
' (24) square feet in total area, whichever is less. Such signage shall
be oriented to parking and pedestrian areas for directional purposes
only, and shall not be oriented outside the complex. The maximum
Clermont Land Development Code Page 19
Chapter 15 Sign Regulations
height of any individual letter within the permitted area shall not
exceed four {4) inches. Freestanding directory signs shall not
exceed eight (13) feet in height.
(E7 Signs t~rmitted in residential R1A. R1. R2. R-3A and R3 zones:
Single family, two-family and multi-family uses may be permitted signage
under this Section. However, the following criteria are to be considered
guidelines for maximum signage.
(1) Signs not exceeding four (4) square feet in area offering the specific
property for sale, rent, or lease.
(2) Name plates shall be permitted which indicate nothing other than
the name and address of the occupants of the premises. Such
nameplates shall not exceed two (2) square feet in area.
(3) Subdivisions may be permitted one (1) sign for each principal street
entrance, not exceeding thirty-two (32) square feet indicating only
the name of the subdivision.
(4) Off-site signs other than those permitted in all districts are
prohibited.
(5) Multiple-family dwelling units and non-residential uses in residential
zones including, but not limited to, trailer courts, professional
offices, schools, hospitals, and other uses requiring a conditional
use permit (CUP) may construct one wall or one ground sign not
exceeding than nine (9) feet in height for each principal street
frontage. Such signs shall indicate nothing other than the name and
address of the premises and name of the management The
maximum size for each sign shall be thirty-two (32) square feet.
SECTION 7: OFF-SITE SIGN REGULATIONS
(A) Off-site directional signs for public, nonprofit or religious organizations
may be erected with the approval of the Administrative Official. Such
signs shall require a permit and may not exceed four (4) square feet in
area.
(B) Off-site signs such as 'open house', 'garage sale' and other directional
temporary signs may be erected without a permit when a sign does not
exceed four (4) square feet in area in residential districts and sixteen (16)
square feet in area in commercial or industrial districts. Any off-site sign
Page 20 Clermont Land Development Code
Chapter 15 Sign Regulations
allowed under this Section may be placed on a parcel of property for a
period not exceeding three (3) consecutive days by permission of the
Administrative Official. Such signs must be removed by the owner not
more than one (1) day after the sale.
(C) Off-site signs shall be allowed on vacant property in zoning districts C-2
and M-1 provided they meet the following requirements:
(1) Placement on a lot containing a minimum area of five thousand
5,000 square feet, and be a minimum of five hundred (500) feet from
any other off-site sign on the same side of the street.
(2) Maximum size of sixty-four (64) square feet
(3) No o#f-site sign shall be closer than fifty (50) feet from any street
' right-of-way lines on Highways 50 and 27, or twenty-five (25) feet
from any other street right-of-way.
(4) Maintain a minimum twelve (12) foot side yard setback from
adjacent properties.
' (D) All other off-site signs are prohibited.
SECTION 8: MISCELLANEOUS SIGNS
A Portable Si ns
() 9
' One portable sign may be permitted on approval of the Administrative
Official or designee thereof. Application must be made to the
' Administrative Official with a fee as approved by resolution of the City
Council which will be returned upon compliance with all conditions. The
permit may be granted only for a period not to exceed thirty (30) days, and
only one (1) permit may be issued for a business in a twelve (12) month
period. Only one (1) portable sign may be placed per shopping center,
industrial or commercial multi-tenant complex, industrial or commercial
subdivision, or on a lot or parcel. The maximum size of portable signs
' shall be fifty (50) square feet and meet specified conditions as to setback,
location and tie-down requirements.
(B) Political Campaign Signs
' Temporary political signs shall be permitted throughout the City subject to
the following restrictions, limitations and requirements and any other
applicable requirements set forth in this Chapter.
Clermont Land Development Code Page 21
Chapter 15 Sign Regulations '
(1) No political sign shall be erected or placed on City owned property ,
nor on any trees or utility poles.
(2) Any political sign that is erected or placed in the City shalt be '
removed within three (3) days after any election or campaign to
which such sign pertains, provided however, that a sign may remain
through any secondary primary or run-off election as to any '
candidate who is subject thereto.
(3) The candidate whose sign is erected or placed on a premises shall '
deposit, or cause to be deposited by a designee thereof, a fee as
adopted by resolution of the City Council with the City Clerk, which
sum shall be used to fund the cost of removal and disposition of
such signs by City employees in the event they are not removed
within the time limit set out above. A single deposit shall be
required for each candidate or political cause being advertised. ,
(4) Political campaign signs shall conform to the following '
requirements:
(a) No sign shall be located nearer than fifty (50) feet from
intersecting street rights-of-way.
(b) A setback of five (5) feet shall be required from all other
public rights-of-way.
(c) A maximum size of four (4) square feet shall be permitted in
residential zones.
(d) A maximum size of sixteen (16) square feet shall be permitted
in commercial or industrial zones.
(e) Location approval is required and shall be the joint
responsibility of the owner of the property upon which the
sign is placed and the candidate for whom the sign was
placed.
(C) Temporary Construction Signs
Temporary construction signs may be permitted on all tots or parcels of
land in any district of the City after a building permit has been secured for
development and construction has commenced. Additional conditions for
placement shall be as follows:
Page 22 Clermont Land Development Code
Chapter 15 Sign Regulations
(1) One (1) sign shall be allowed for each street frontage.
(2) Maximum sign area shall be thirty-two (32) square feet.
(3) Signs shall require a minimum setback of five (5) feet from a front
property line and twenty-five (25) feet from any side property line.
(4) Signs shall be a maximum of eight (8) feet in height.
(5) Signs shall not be illuminated in residential zones.
(6) Signs shall be removed under the following circumstances:
(a) If construction has been halted for a period of more than thirty
(30) days.
(b) Within five (5) days after final inspection of the building or
project under construction has been made and a certificate of
occupancy has been secured.
(7) Subcontractor signs of four (4) square feet or less may be permitted
in addition to total sign area and shall be affixed to, or placed
immediately adjacent to, the main structure sign.
(D) Temporary Future Improvement Signs
For subdivisions, planned unit developments, and multi-tenant projects
only one (1) temporary future improvement sign per street frontage
announcing building or future improvements may be placed on any lot or
parcel of land at the time of preliminary plat or site plan approval.
Additional conditions for placement shall be as follows:
(1) Each sign may be a maximum of thirty-two (32) square feet in area.
(2) All such signs shall be removed when seventy-five (75%) percent of
the lots in a platted subdivision are sold, or when seventy-five (75°~0)
percent of the building is completed (apartment complexes,
commercial building, etc.); or within two (2) years after plat or site
plan approval by the City Council, whichever comes first.
(3) Signs shall require a minimum setback of five (5) feet from a front
property line and twenty-five (25) feet from any side property line.
(4) Signs shall be a maximum of eight (8) feet in height.
(5) Signs shall not be illuminated in residential zones.
(E) Signs in Newly Annexed Areas
' Signs in newly annexed areas are permitted to remain until the land is
designated for a specific land use. Upon formal designation, such signs
must conform with the requirements for the appropriate zoning district
Clermont Land Development Code Page 23
Chapter 15 Slgn Regulations 1
(F) ~ians on Vehicles
Signs on vehicles that do not increase the size of a vehicle in any
direction shall be exempt from the provisions of this Chapter so long as
such vehicles are not utilized or positioned in a manner so as to be used
as an on-site sign. Signs which may increase the dimensions of vehicles
are prohibited except as approved by the Administrative Official.
Illuminated signs are prohibited except for the sign, 'taxi', `ambulance' or
the destination of public vehicles. No vehicles shall be painted or marked
with directional information so as to be used as an off-site sign.
(G) Changeable Copy Signs
Changeable copy signs shall be regulated under the following guidelines.
This subsection shall not include electronic message boards and the like
which are prohibited under this Chapter. Such signs shall be permitted in
the following manner:
(1) A changeable copy sign shall not comprise more than twenty-five
(25) percent of the permitted sign area, except as described herein
below.
(2) Motor vehicle service stations and convenience stores with gasoline
pumps may utilize up to fifty (50) percent of permitted sign area for
changeable prices of gasoline only.
(3) Movie theaters and other pertormance/entertainment facilities may
utilize up to eighty (80) percent of permitted sign area for display of
names of films, plays, or other performances currently showing.
Such changeable copy areas shall be included as part of the
permitted sign area.
(4) Houses of worship may utilize up to eighty (80) percent of permitted
sign area for changeable copy.
(5) Changeable copy signs shall be prohibited for office, industrial and
residential uses except for changes in tenant listing.
(6) Use of changeable copy signs as part of permitted waN sign area is
prohibited, except as described in paragraph (3) above.
SECTION 9: NON-CONFORMING SIGNS
It is the intent of this Chapter to allow non-conforming signs permitted before the
adoption of this Code to continue until they are no longer used, or become
hazardous, but not to encourage their survival. Such signs are hereby declared
to be incompatible with the overall intent of this Chapter. Thereafter, all such
non-conforming signs shall be deemed unlawful and prohibited and subject to
the enforcement provisions of this Chapter.
Page 24 Clermont Land Development Code
Chapter 15 Sign Regulations
(A) Continuance of Non-Conformities
Subject to the limitation imposed by this Chapter, anon-conforming sign
use may be continued and shall be maintained in good condition as
required by Section 4(C) of this Chapter. However, anon-conforming sign
shall not•
(1) Be structurally changed, but its pictorial content may be changed.
(2) Be structurally altered to prolong the life of a sign except to meet
safety requirements.
(3) Altered in any manner that increases the degree of non-conformity.
(4) Expanded.
(5) Continued in use after cessation or change of the business,
business ownership, or activity to which the sign pertains.
(6) Reestablished after damage or destruction if the estimated cost of
reconstruction exceeds fifty (50) percent of the replacement cost.
(7) Continued in use when a conforming sign or sign structure is
permitted and erected on the same premises or unit.
(8) Continued in use when any land use to which the sign pertains has
ceased for a period of thirty (30) consecutive days.
(B) Casual. Temporary or Illegal Use
The casual, temporary or illegal use of any sign shall not be sufficient to
establish the existence of anon-conforming sign or to create any rights in
the continuance of such sign.
SECTION 10: ENFORCEMENT
The Administrative Official or established designee thereof shall be empowered
to enforce this Chapter and Code.
(A) Removal of Prohibited Signs
(1) Prohibited signs on public property or rights-of-way shall be
removed immediately, and may be removed by the City or its agent
without notice.
(2) Temporary signs which are, or have become in violation of this
Chapter shall be removed within forty-eight (48) hours after receipt
of written notification by the City.
1
Clermont Land Development Code Page 25
Chapter 15 Sign Regulations
(3) Abandoned signs shall be removed by the owner, agent or person in
charge of the premises within thirty (30) days after receipt of written
notification by the Administrative Official or established designee
thereof. If the sign is not removed in a timely manner, the Code
Enforcement Officer may refer the violation to the Municipal Code
Enforcement Board for formal action.
(B) Removal of Unsafe SicLns
Should any sign become unsecured or in danger of falling, or be in a
disrepaired or deteriorated state to otherwise constitute an unsafe
condition, the owner, agent, or person in legal possession of the premises
shall upon formal notification, immediately, in the case of imminent
danger, or within ten (10) days in other instances, cause it to be removed
or be placed in good repair in a manner consistent with applicable City
codes. If such notification is not complied with, the City may remove the
sign at the expense of the owner and may place a lien for the cost thereof
upon the property on which the sign was located, together with any other
cost incurred by the City by filing such lien.
(C) Illegally Erected Signs
Where this Chapter requires work to be done by a licensed contractor and
such work is not performed by a licensed contractor, the owner or lessee
of the property where such illegally erected sign is located shall either:
(1) Have the sign immediately removed; or
(2) Acquire the services of a duly licensed contractor to secure a permit
for such sign and obtain the required City inspections. If neither of
the above actions is completed within ten (10) days of written
notification by the City the violation may be referred to the municipal
Code Enforcement Board for formal action.
(D) Termination of Unlawful Illumination
Upon receipt of written notification by the City that a sign is unlawfully
illuminated in violation of this Chapter, the owner, his agent, or person in
possession of the premises, shall immediately terminate the prohibited
illumination of such sign. If the above action is not completed within ten
(10) days of said written notification the violation may be referred to the
municipal Code Enforcement Board for formal action.
Page 26 Clermont Land Development Code
' Chapter 15 Sign Regulations
t (E) Signs in Disuse
Signs which advertise or identify a business, firm or similar activity must
' be removed within sixty (60) days of the date said business, firm or similar
activity goes out of business or vacates the premises. The removal of the
sign shall be the responsibility of the owner of the property upon which
' the sign is located. Thereafter, if the above required action for removal is
not completed within ten (10) days of written notification by the City the
violation may be referred to the municipal Code Enforcement Board for
' formal action.
(~ Violations and Penalties
Violations of this Chapter, including those Sections authorizing City
removal of signs or other penalties, may be referred to the municipal Code
Enforcement Board as prescribed by the City Code of Ordinances.
SECTION 11: INTERPRETATION
This Chapter shall be interpreted by the Administrative Official. Disputes,
appeals, and variances shall be referred to the City Council in accordance with
the variance provisions of the City Zoning Ordinance.
SECTION 12: VARIANCES AND APPEALS
A Technical A eats
() RP
Appeals from technical decisions of the Administrative Official or any other
official empowered to administer regulations of sign related issues shall
be processed according to procedures outlined in Chapter 3 of this Code.
(B) Variances
' Variances from the requirements of this Chapter shall be processed
according to the provisions of Chapter 8 of this Code.
n
Clermont Land Development Code Page 27
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CITY OF CLERMONT Planning and Zoning FIGURE:
~~ SIGN AREA
GROUND AND PRO 15-3
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Y
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Landscape
Natural Grade
-Optional
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Natural Grade
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CITY OF CLERMONT Planning and Zoning FIGURE:
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CITY OF CLERMONT Planning and Zoning
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1994
NOT TO SCAL
FIGURE: ^
15-7 -
CHAPTER 16
ARTICLE I
MISCELLANEOUS REGULATIONS
SECTION 1: ACCESSORY USES AND STRUCTURES
(A) In General
Specific accessory uses and structures shall comply with the following
regulations.
(B) Principal Use Required
Accessory uses and structures shall:
(1) Be customarily incidental to the principal use established on the
same lot;
(2) Be subordinate to and serve such principal use;
(3) Be subordinate in area, extent and purpose to such principal use;
and
(4) Contribute to the comfort, convenience or necessity of users of such
principal use.
No accessory structure or use shall be permitted on any lot without an
established principal use on the same lot within the applicable zoning
district.
(C) General Provisions
(1) Signs, fences, walls, parking and loading areas, and other such
features which are typically located within required yard areas shall
comply with the applicable provisions of this Code for such uses
and structures.
(2) Any specific accessory use or structure which is not addressed
within this Chapter shall not be located on any lot
Clermont Land Development Code Page 1
Chapter 16 Miscellaneous Regulations '
1
(D) Size Criterion
Unless otherwise described in this Section, the minimum permitted size for '
any structure shall be as outlined in Chapter 7, the Schedule of Zoning
District Regulations.
(E1 S~
No land shaii be used or occupied and no building or structure oc part
thereof shaii be erected, constructed, reconstructed, moved or altered
except in conformity with the regulations herein specified for the district in '
which it is located
SECTION 2: SPECIAL SETBACKS
(A) In General
This Section provides for specific accessory structures and architectural
appurtenances and features to be located within required building setback
areas. Recorded easements and required landscaped buffers shall
supersede the minimum dimensions permitted by this Section.
(B) Saecial Setbacks
STRUCTURE OR BUILDING FEATURE
Air conditioner pads
Antennas, private non-commercial
(i.e. dish antennas)
Awnings, eaves, belt courses, chimneys,
buttresses, cornices and silts
Canopies, Commercial (i.e. service
stations)
SPECIAL SETBACK
Equal to required side
yard setback from rear
property line
Front yard -not
allowed, Side yard - 7.5
feet, Rear yard - 25 feet
May project into the
required yard setback no
more than 36 inches
30 foot setback from
all property lines
Page 2 Clermont Land Development Code
Chapter 16 Miscellaneous Regulations
Driveways May be located in the
rear yard no closer than
the required side yard
setback
Garages and Storage Buildings, greater May be located in
than 150 square feet and greater than behind the front building
9 feet in height line and shall be subject
to the setbacks required
for all other structures
Patios, unroof and unenclosed May be located in the
rear yard no closer than
the required side yard
setback
Porch or terrace, open, unroofed and May project into a
unenclosed required front yard for a
distance of ten (10) feet
Retaining walls and decorative walls Exempt from yard
requirements
Screen enclosures with screen material May be located in
roofs the rear yard no closer
to the rear property line
than the required side
yard setback
Sidewalks, unroofed May be located in the
rear yard no closer than
the required side yard
setback
Swimming pools, above-ground, and Must be located
their decks behind the front building
line, and shall be subject
to the setbacks required
for all other structures
Clermont Land Development Code Page 3
Chapter 16 Miscellaneous Regulations
Swimming pools, in-ground, and Must be located
their decks ,
behind the front building
line, and shall be no
closer to any property
'
line than the required
side yard setback
Utility building, single, less than 30 inches from side
150 square feet and less than 9 feet tall and rear property
(must be located in the rear yard) lines ,
Yard Ornaments Exempt from yard
requirements '
SECTION 3: FENCES AND WALLS
(A) In General '
All fences and walls shall be constructed in compliance with applicable '
building codes and in accordance with the following dimensional and use
regulations.
(B) General Provisions
(1) Restrictions
(a) No barbed wire, razor wire or similar material shall be allowed
in residential districts.
(b) No building permit shall be issued for any fence or wall when
it is determined by the Building Official that such fence or wall
would obstruct visibility, impede fire or police protection, or
would seriously inhibit the free flow of light and air.
(2) Height
(a) For residential uses, no fence or wall shall exceed four (4)
feet in height from the front building line to the front lot line
and no more than six (6) feet in height from the front building
line to the rear property line.
(b) Business, commercial and industrial districts shall be no
higher than six (6) feet plus up to twenty-four (24) inches of
barbed wire for security.
Page 4 Clermont Land Development Code
' Chapter 16 Miscellaneous Regulations
(3) ti n
(a) No walls or fences shall be permitted on corner tots within
thirty (30) feet of intersecting street rights-of-way if such a
fence will obstruct traffic visibility.
(4) Design and Maintenance
(a) All fences shall be maintained in their original upright
condition.
(b) Fences and walls designed for painting or similar surface
finishes shall be maintained in their original condition as
designed.
(c) Missing boards, pickets, or posts shat! be replaced in a timely
manner with material of the same type and quality.
(d) Fences or walls having a side with exposed or irregular
structural components and a more finished, uniform and
aesthetically attractive side shall be constructed so that the
more finished, uniform and aesthetically attractive side faces
outward from the fenced property toward the adjoining
property.
(e) The following materials shall be acceptable for the
construction of fences and walls:
1)
2)
3)
4)
(5) Exemptions
Rot and termite-resistive wood.
Wood which has been chemically pressure-treated to
resist rot and termites.
Noncorrosive metal or galvanized wire fabric of eleven
(i 7) gauge mounted on steel posts.
Ornamental iron, concrete or masonry.
Temporary construction fencing is exempted from the requirements
of this Section, but must obtain a temporary structure permit.
Clermont Land Development Code Page 5
Chapter 16 Miscellaneous Regulations
SECTION 4: GENERAL DEVELOPMENT CONDITIONS
(A) Building Permit Required
After the date of passage of this Code, it shall be unlawful for any person
or persons or corporation to initiate new uses or uses of any land within
the corporate boundaries of the City of Clermont 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 Department of the City acting as Administrative
Officer of the regulations contained in this Code. The words 'Building
Official' used in this Code shall also mean Planning Official or designated
representative thereof. All development, as herein defined, shall be
required to obtain development approval (i.e. development permit -
development order) prior to initiating development activity.
(B) Public Access
No building shall be erected on a lot which does not have unrestricted
access to an open public street accepted by the City.
(C) Number of Principal Buildings
Only one principal residential building, except as provided by this Code for
two family, multi-family buildings and Planned Unit Developments, may
hereafter be erected on any lot.
(D) 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 this Code shall be reduced in
size so that lot width or size of yards or lot area per family or any other
requirements of this Code are not maintained. This section shall not apply
when a portion of a lot is acquired for public purpose. Flag-shaped lots
are prohibited.
(E) Measurement of 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.
Page 6 Clermont Land Development Code
' Chapter 16 Miscellaneous Regulations
' (3) Roof projections (eaves) shall not extend more than thirty-six (36)
inches into minimum yard requirements.
' (4) Properties located within the C-2 Central Business District may have
roof projections (eaves) over the public right-of--way. Such roof
projections shall not be less than eight (8) feet above ground and
shall not extend more than eight (8) feet over the public right-of-way,
or two (2) 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.
' 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 Code.
(F) Height Limits
Unless otherwise described in this Section, the maximum permitted height
for any structure shall be as outlined in Chapter 7, the Schedule of Zoning
District Regulations. The height limitations of this 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 of Clermont are exempt from the
height regulations.
' (G) Access to Utility Easements
' No person shall enclose or fence any utility easement unless they have
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, junk yards, repair yards,
' and outdoor storage shall be entirely surrounded by a substantial
continuous masonry fence or similarly permanent construction approved
by the Building Official. Such fence or wall shall be constructed and
Clermont Land Development Code Page 7
1
Chapter 16 Miscellaneous Regulations
maintained at a height of six (6) 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 Building Officia! who
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 Building Official 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.
SECTION 5: MOBILE HOME PARKS
(A) General Provisions
Mobile home parks may be located in zones allowing them as a
conditional use, provided that a master park plan is prepared showing the
location of each mobile home lot. The master park plan, as a minimum,
shall meet the following standards:
(1) Such mobile home park shall have its entrance or entrances on a
major street.
(2) At least four thousand (4000) square feet of lot area shall be
provided for each mobile home location.
(3) For each mobile home location there shall be off-street parking
space provided for one automobile. Parking spaces for visitors or
recreational vehicles must also be provided.
Page 8 Clermont Land Development Code
Chapter 16 Miscellaneous Regulations
(4) Interior streets within such mobile home park shall have a paved
' width of no less than twenty (20) feet exclusive of any parking space
provided along such interior street.
' (5) There shall be a minimum building setback of fifty (50) feet from
Highways 50 or 27, and twenty-five (25) feet from other publicly
' dedicated streets.
(6) Minimum setbacks from lot lines for each mobile home shall be as
' follows: front yards, ten (10) feet; side and rear yards, seven and
one-half (7 1/2) feet.
(7) There shall be a buffer strip along the rear and side property lines of
such mobile home park except where such property lines are
common to street rights-of-way.
(8) All plans shall be reviewed and approved by the Planning and
Zoning Commission and the City Council.
SECTION 6: ZERO LOT LINE DEVELOPMENT
(A) General Provisions
Zero Lot Line Development may, as a CONDITIONAL USE, be located In
zones allowing multi-family development. The following standards, as a
minimum, should be met:
' (1) Lot Size - 5,000 feet
(2) Lot Width - 50 feet
3 Setbacks•
()
' a) Front 25 feet
b) Rear 20 feet
c) Side 0 and 15 feet
' d) Setback from adjoining unrelated developments shall be 9
feet.
' e) Setbacks from all street right-of-ways shall be 25 feet, except
on lots where a rear year abuts another rear yard, 12 feet on
the side adjacent to the street right-of-way shall be required.
' f) All yard setbacks shall be a minimum of 25 feet from the
t
established high water mark.
Clermont Land Development Code Page 9
Chapter 16 Miscellaneous Regulations '
(4) Parking - 2off-street spaces '
(5) Living Area • 1,000 square feet
(Exclusive of garages, carports and screen area). '
(6) Home designs or models shall be approved as a part of the
Conditional Use Permit ,
(7) No doors shall be constructed along the zero lot line.
(8) A maintenance and access easement shall be placed on the lot
abutting any zero lot line yard to permit access for maintenance,
construction, drainage, and other purposes for the benefit of the '
zero lot line tot The easement shall extend a minimum of 6 feet
perpendicular to the zero lot line dwelling unit, and shall also extend
at least 10 feet beyond the dwelling unit along the lot line. Eaves, '
sills and other architectural projections may extend over the
required easement.
E I N 7: PECIAL PERMIT '
CT
(A) Qpen Air Sales Permits
All retail or wholesale sales must be located within a completely enclosed
building, unless an open air sales permit has been issued. Open air sales
permits of thirty (30) days or less may be issued by the City Manager.
Open air sales permits greater than thirty (30) days must be approved by
the City Council.
(1) Permit -Any person desiring an open air sales permit shall submit a
request in writing to the City Manager setting forth the name and
address of the applicant, location of proposed operation, number
of days for which a permit is desired and the operation to be carried
out under this permit
(2) Revocation -Any open air sales permit issued hereunder may be
revoked by the City Council for any violation of the Codes of the
City of Clermont.
(3) Exceptions
(a) Open storage for the sale of automobiles, farm implements,
trailers, boats and gasoline are exempt from the provisions of
Page 10 Clermont Land Development Code
' Chapter 16 Miscellaneous Regulations
this section, but ell such open storage is prohibited on City
rights-of-way.
' (b) Open Air Sates Permit for greater than thirty (30) days may be
issued upon approval of the City Manager in the Central
Business District and shopping centers located in C-2 Zoning
Districts.
(B) A~nr oval by the City Council
(1) Open air sales permits for a period greater than thirty (30) days may
be approved by the City Council upon a showing that such use shall
not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity.
(2) Such permit may be granted upon a showing by the permittee that
the activity shalt be confined to a spec'sfic parcel of property not
' otherwise utilized; shall be a minimum of 100 feet from Highway 50;
and that no other open air sates permit has been granted by the City
Council within one (i) mite, except for open air sales permits in
conjunction with an established retail establishment.
(3) Signs for open air sates are limited to one (1) two-sided sign of a
maximum of eight (8) square feet per side.
' (C) Temp orarYStructure Permits
1
() Permit re wired
q
' Ali temporary structures as defined herein shaft be required to
obtain a temporary structure permit prior to erection or placement of
the structure. The following restrictions shall apply:
(a) One permit per calendar year for a maximum of three (3) days
' may be issued through the office of the City Manager.
(b) Permits for more than three (3) days must be requested of the
' City Council and shall be considered during a public hearing.
(c) Structure must be removed upon expiration or revocation of
' the permit,.
Clermont Land Development Code Page 11
Chapter 16 Miscellaneous Regulations
(2) exemptions
Funeral tents and camping tents are exempt from the frequency
requirement, but shall not remain up for more than three (3) days.
(3) Revocation of Permit
Temporary Structure Permits may be revoked if it is determined that
such action would be in the best interest of the general public.
(4) Existing Temporary Structures
Existing temporary structures as of the date of the adoption of this
Code shall be given a maximum of 180 days for removal.
SECTION 8: HOME OCCUPATIONS
(A) Intent
The purpose of this Section is to accomplish the following:
(1) Permit residents of the City a broad choice in the use of their homes
as a place of livelihood and the production or supplementing of
personal and family income.
(2) Protect residential areas from adverse impacts of activities
associated with home occupations.
(3) Establish criteria and development standards for home occupations
conducted in residential uses. '
(B) Permitted Home Occupations
(1) Office uses such as professional and business office activities that
do not involve clients, customers or employees visiting the premises
(telephone use only).
(2) Off-site sales of customary hobby crafts produced at hobbyist
volumes in the home by family members.
(3) Off-site provision of services to other homeowners that do not
involve the use of tools or machinery in size or numbers beyond
that customarily found in a residence.
Page 12 Clermont Land Development Code
Chapter 16 Miscellaneous Regulations
(C) Prohibited Home Occupations
(1) Motor vehicle and boat repair.
(2) Beauty and barber shops.
(3) Child care center or nursery school.
(4) Amplified musical instrument instruction.
(5) Dance and non-amplified musical instrument Instruction (except
private tutoring of no more than one {1) student per session).
(6) Photography studio.
(7) Real estate sales and brokerage.
(8) Retail and wholesale sales.
(9) Painting or detailing of vehicles, trailers or boats.
(10) Upholstering.
(11) Welding.
(12) Taxidermy.
(13) Dentists' and doctors' offices
(14) Lawyers offices
(15) Kennels and Pet grooming shops
(16) Any use found by the City Manger to not comply with the general
nature, intent and requirements of this Section and Code.
(D) Restrictions
Home occupations are permitted accessory uses in al! residential zones
and subject to the following restrictions.
(1) No persons other than members of the family residing on the
premises shall be engaged in the home occupation.
(2) No use of material or mechanical equipment which creates any
' unreasonably loud, disturbing and unnecessary sound, electrical
interference, vibration, odor or effect which can be heard, felt or
otherwise sensed upon adjoining property or other public
' right-of-way shall be allowed.
' (3) No commodities shall be advertised, stored or kept outside, or sold
on the premises.
' (4) No signs or structure shall be allowed other than those normally
permitted in the zone.
' (5) The use shall not generate pedestrian or vehicular traffic beyond
that normal to the zone in which it is located.
Clermont Land Development Code Page 13
Chapter 16 Miscellaneous Regulations
(6) 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.
(T) The use of the dwelling unit for a home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than 2596 of the floor area of the dwelling
unit shall be used in the operation of the home occupation. The
appearance of the structure shall not be altered, nor shall the
conduct of occupation within the structure be such that the structure
may be reasonably recognized as serving a nonresidential use.
(8) No home occupation shall cause an increase in the use of any one
or more public utilities (water, sewer and garbage collection) so that
the combined total use for dwelling and home occupation purposes
exceeds the customary average for similar type residences within
the City.
(9) An occupational license granted for a home occupation shall not be
transferred, assigned or used by any person other than the one for
which the license is granted.
(~ Termination of License and Appeal
An occupational license may be terminated if the City Manager makes any
of the following findings:
(1) That any condition of the license has been violated;
(2) That the use has become detrimental to the public health or that
traffic constitutes a nuisance;
(3) That the license was obtained by misrepresentation or fraud;
(4) That the use for which the license was granted has ceased for six
(6) consecutive months or more;
(5) 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.
Page 14 Clermont Land Development Code
' Chapter 16 Miscellaneous Regulations
' 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 finding under
the Conditional Use Permit procedure of this ordinance, after
consideration of the standards listed above.
~~
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Clermont Land Development Code Page 15
t
Chapter 16 Miscellaneous Regulations
ARTICLE II
ADMINISTRATION. ENFORCEMENT. PENALTIES AND REMEDIES
SECTION 1: GENERAL PROVISIONS
(A) Zoning Administrative Officer
It shall be the duty of the Building Official or City Director of Planning to
administer and enforce the provisions of this Code, and therefore is
hereby given the authority to do so.
(B) Anolication for Building Permit
All applications for building permits shall be accompanied by plans in
triplicate, drawn to scale, showing the actual dimensions of the lot to be
built upon, the sizes and locations on the lot of any existing buildings or
structures, the shape, size, height, use and location on the lot of the
building or structure proposed to be erected or altered, and such other
information as may be necessary to provide for the enforcement of the
provisions of this Code.
(C) Construction Progress
If construction has not started and inspection called for within six (6)
months of the date of the issuance of the building permit, the permit
becomes invalid.
(D) Certificate of Occupancy
A certificate of occupancy issued by the Building Official is required in
advance of the use or occupancy of:
(1) Any lot or a change in use thereof;
(2) A building hereafter erected or a change in the use of an existing
building.
No certificate of occupancy shall be issued unless the lot or building or
structure complies with all the provisions of this Code or exceptions
granted by the Board of Zoning Adjustment
Page 16 Clermont Land Development Code
Chapter 16 Miscellaneous Regulations
No certificate of occupancy shall be issued if any damage to structures or
utilities on City street right-of-way has occurred in direct connection with
the construction, unless such damage has been satisfactorily repaired or
payment for same has been made to the City. Also included in the above
requirement shall be the payment of all fees due the City for reinspection,
water and any other obligations.
A record of all certificates of occupancy shall be kept on file in the office
of the Building Official and a copy shall be furnished, on request, to any
person having a proprietary or tenancy interest in the building or land
involved.
(E) Penalties for Violation
Any person violating any provision of this Code shall be guilty of a
misdemeanor and upon conviction, shall be fined in accordance with City
Ordinance and State Law for each offense. Each day such violation
continues shall constitute a separate offense.
(F) Rem ie
If any building or structure is erected, constructed, reconstructed,
repaired, converted or maintained or any building, structure or land is
used in violation of this Code, the Building Official or other appropriate
authority or any adjacent or other property owner who would be damaged
by such violation, in addition to other remedies, may institute injunction,
mandamus or other appropriate action in proceeding to stop the violation
in the case of such building, structure or land.
SECTION 2: EXCEPTIONS AND MODIFICATIONS
(A) Existing Lots
Where the owner of a plot of land consisting of one or more adjacent lots
or plots which at the time of the enactment of this Code (Lot of record as
of September 10, 1968) did not have sufficient contiguous land to enable
him to conform to the minimum lot size requirements of this Code, such
plot of land may nevertheless be used as a building site for a single-family
residence, provided it meets with all yard requirements of the district in
which it is located.
Clermont Land Development Code Page 17
Chapter 16 Miscellaneous Regulations '
(B) Adjpstment to Required Front Yard Setback for Dwellings '
If fifty (50) percent or more of the frontage on one side of the street '
between two (2) intersecting streets is improved with buildings that
observe a front yard setback forward of the required front yard setback
established by this Code, the minimum front, yard setback on the lot shall
be the average setback of all the buildings on that side of the block.
(C) Continuance of Nonconforming Uses
The lawful use of land or buildings existing at the time of the adoption of
this Code may continue although such use does not conform to the ,
regulations set forth by this Code for the district in which such land or
building is located, subject to the requirements of Chapter 3, Article III of
this Code and the following conditions and specifications: '
(1) A nonconforming use of land shall not be enlarged or increased to
occupy a greater area of land than was occupied previous to the
date of this Code. No additional structures not conforming to the
requirements of this Code shall be erected in connection with such
nonconforming use of land.
(2) No nonconforming use of land or buildings shall be changed to
another nonconforming use. Any nonconforming use of land or
building which has ceased by discontinuance or abandonment for a
period of one (1) year shall thereafter conform to the provisions of
this Code.
(3) Any nonconforming building which has been destroyed or damaged
by fire, explosion, Act of God or in another manner to the extent of
fifty (50) percent or more of its current appraised value as recorded
in the tax assessors's office at the time of destruction, shall
thereafter conform to the provisions of this Code. Where more than
fifty (50) percent of the current appraised value of the building
remains after such damage such structure may be restored to the
same nonconforming use as existed before such damage.
(4) Nonconforming structures or buildings may not be enlarged or
structurally altered in a way that increases the nonconformity
without a variance as defined in this Code.
(5) The foregoing provisions shall also apply to nonconforming uses in
districts hereafter changed by amendment to this Code.
Page 18 Clermont Land Development Code
Chapter 16 Miscellaneous Regulations
(6) After consideration by the Planning and Zoning Commission and
' approval by the City Council, any use of a building or land which is
.
classified nonconforming may be granted a Conditional Use Permit
for the reconstruction, enlargement or expansion when it is deter-
mined that such reconstruction, enlargement or expansion is not
obnoxious or detrimental to the district in which it is located, and
when the denial of a Conditional Use Permit would create an
' unnecessary hardship on the owner, as defined by State Law.
rl
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Clermont Land Development Code Page 19
Chapter 15 Sign Regulations
(A) ~ '
For the purpose of determining sign area, the total area is that within the
smallest single parallelogram, triangle, circle, or semi-circle which will '
completely enclose the outside perimeter of the overall sign, including the
border, if any, shall be considered square footage for calculation of sign
area. Braces and other support mechanisms shall be excluded from such '
calculations.
(B) Num er
For the purpose of determining the number of signs, a sign shall be
considered to be a single display surface or display device containing
elements organized, related or composed to form a unit. Where matter is
displayed on more than one plane, or there is reasonable doubt about the
relationship of elements, each element shall be considered a single sign.
Signs consisting of a group of detached letters or two or more detached
letters, or two or more panels on the same plane which utilize the same
supports and are presented as a single entity for advertisement, the entity
shall be considered as one sign. The area for the sign shall be calculated
as described in Section 5(A) above. A double-faced or back to back sign,
in which the faces are parallel, shall be considered a single sign and the
area computed using one face. Exempt signs shall not be counted in the
allowed number of signs.
SECTION 6: PERMITTED SIGNS
(A) Individual Commercial Office. and Industrial Use Signs permitted in C7
and C2 business districts. and M-1 Industrial districts
Individual uses in commercial and industrial districts, other than shopping
centers, industrial and commercial parks and multi-use buildings, shall be
allowed three 3 of the following signs. The total area for each sign shall
be calculated at a ratio of one (1) square foot of sign surface area for each
one (1) lineal foot of lot or parcel fronting on a public street. In the case
of corner lots, the size of any sign allowed on each street shall not exceed
the area allowed for the frontage on that street. In no case shall the total
surface of any sign be limited to less than thirty-two (32) square feet. All
freestanding signs shall maintain a minimum of twelve (12) foot side yard
setback from abutting properties.
(1) One (1) freestanding or projecting sign per parcel or per each street
frontage. Such sign shall not exceed one hundred (100) square feet
in area, twenty (20) feet in height, or twenty (20) feet in width.
Page 14 Clermont Land Development Code
Chapter 15 Sign Regulations
(2) One (1) wall sign, parallel to the road or street, not exceeding an
area equal to fifteen (15) percent of the front wall face height
multiplied by the building width, not exceeding two hundred (200)
square feet
(3} One (1) wall sign on each end of the building, perpendicular to the
road or street, not exceeding an area equal to fifteen (15) percent of
the side wall face height multiplied by the building length, not
exceeding two hundred (200} square feet.
' (4} One (1) marquee sign parallel or perpendicular to the road or street,
not exceeding thirty-two (32) square feet
(5) One (1) projecting sign per business, below a marquee or canopy, a
minimum of eight (S) feet in height above any pedestrian way, and
' not projecting beyond the sidewalk. Such signs shall not exceed
four (4) square feet
' (B) Shopping Centers
Shopping centers may be permitted signage under this Section. However,
the following criteria are to be considered guidelines for maximum
signage. Ali shopping center signage shall be reviewed and approved by
the City as to final size, location and coordination as part of the site
' development plan review process. Individual businesses in shopping
centers shall not be permitted to have personalized freestanding signs
advertising only their business. Ail freestanding signs shall maintain a
minimum of twelve (12) foot side yard setback from abutting properties.
' (1} Each shopping center shat! be permitted one (1) freestanding
shopping center identification sign on each street frontage
according to the standards defined below. Such sign shall not
exceed twenty (20) feet in height, and twenty (20) feet in width.
(a) Centers under 50,000 square feet of floor area may be
permitted shopping center identification signage of one
hundred (100) square feet or less.
(b} Centers of 50,000 square feet to 150,000 square feet of floor
area may be permitted shopping center identification signage
' of two hundred (200) square feet or less.
(c) Centers of over 150,000 square fee# of floor area may be
' permitted shopping center identification signage of three
hundred (300) square feet or less.
Clermont Land Development Code Page 15
Chapter 15 Slgn Regulations
(2) Each shopping center shall be permitted one (1) wall sign on each
end of the building, not exceeding one hundred twenty-eight (128)
square feet.
(3) Each tenant of a shopping center shall be allowed to construct the
following signs:
(a) One (1) wall or marquee sign per business, not exceeding any
area equal to fifteen (15°~) percent of the front wall face '
height multiplied by the business frontage, including windows
and door area.
(b) One (1) sign per business, erected perpendicular to the
building, not projecting beyond the sidewalk, and below a
marquee or canopy. Construction shall be a minimum of eight
(8) feet in height above any pedestrian way, and not to exceed
four (4) square feet of sign area.
(4) Each internal tenant of a shopping center shall be allowed to
construct one (1) wall sign per business, not exceeding thirty-two
(32) square feet of sign area.
(5) Shopping Center Outparcels shall be permitted signage as follows:
(a) Freestanding signs for shopping center outparcels shall
conform with Section 6(A)(1) of this Chapter.
(b) Wall, marquee or projecting signs for shopping center
outparcels shall conform with Section 6(A)(2-5) of this
Chapter.
(C) Industrial Complexes and Industrial Parks
Industrial complexes and Industrial park subdivisions may be permitted
signage under this Section. However, the following criteria are to be
considered guidelines for maximum signage. All complex and park
signage shall be reviewed and approved by the City as to final size,
location and coordination as part of the site development plan review
process.
(1) Each industrial multi-tenant complex or industrial park subdivision
shall be permitted one (1) freestanding identification sign on each
arterial street frontage, or principle entry to a park, according to the
standards defined below. Such signs shall not exceed twenty (20)
Page 16 Clermont Land Development Code
' Chapter 16 Miscellaneous Regulations
(6) After consideration by the Planning and Zoning Commission and
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approval by the City Council, any use of a building or
classified nonconforming may be granted a Conditional Use Permit
for the reconstruction, enlargement or expansion when it is deter-
' mined that such reconstruction, enlargement or expansion is not
obnoxious or detrimental to the district in which It is located, and
' when the denial of a Conditional Use Permit would create an
unnecessary hardship on the owner, as defined by State t.aw.
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Clermont Land Development Code Page 19
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1993
CITY OF CLERMONT Planning and Zoning FIGURE:
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° PROPERTY DEVELOPMENT TERMINOLOGY 16-1
NOT TO SCALE