O-2016-27 CITY OF CLERMONT
ORDINANCE No. 2016-27
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 122 ZONING,
SECTION 122-223 PERMITTED USES; SECTION 122-224 CONDITIONAL
USES; PROVIDING FOR CODIFICATION;SEVERABILITY;EFFECTIVE
DATE; AND PUBLICATION.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City,has
held a public hearing on June 13,2016 and following such hearing found this Ordinance to be in the
best interest of the City of Clermont,and recommended that the City Council adopt this Ordinance;
and
WHEREAS,the City Council of the City of Clermont desires to amend Chapter 122 Zoning,
Section 122-223 Permitted Uses, and Section 122-224 Conditional Uses,of the City of Clermont's
Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Florida as follows:
SECTION 1.
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2.
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read
as follows (note strikethrough indicates removed words and underlined indicates added):
Sec. 122-223. - Permitted uses.
(a) Generally. Permitted uses in the C-2 district are as follows:
(1) Retail businesses: 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 shops or barber
shops,tailor or dressmaking shops, shoe repair,music,dancing and photographic
studios and dry cleaning establishments. Permanent makeup service may be
allowed as an accessory use; with a business tax receipt and with medical
supervision,within an existing salon,beauty shop,barber shop,medical office,or
similar use. Such service shall be limited to the face area and would consist of
cosmetic permanent makeup for eyeliner,eyebrow and mouth/lip liner definition.
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ORDINANCE No. 2016-27
(3) Professional offices, doctors' offices, banks, loan companies, insurance and real
estate offices, and similar businesses.
(4) Recreation facilities, theaters, including drive-ins, bowling alleys, skating rinks,
billiard halls, miniature golf courses, driving ranges and tourist attractions.
(5) Restaurants and lounges.
(6) Buildings, structures or uses maintained or operated by the City.
(7) No retail establishment may occupy more than 100,000 square feet.
(8) Lodges and clubs.
(9) Laundries.
(10) Hotels and motels.
(11) Convenience stores and gas stations.
(12) Shopping centers; Any group of businesses with shared parking or in which the
total land area of the development is less than ten acres.
(13) Nursery schools, kindergartens or child care centers; provided the outdoor play
area is enclosed by a fence at least four feet high and all state requirements are
met.
(b) Floor space. Any business establishment or structure proposing to occupy more than
20,000 square feet of floor space shall require a Conditional Use Permit. The floor area
ratio for any structure shall not exceed that identified by policies of the adopted
Comprehensive Plan.
(c) Uses to be enclosed; outdoor storage. 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.
(d) Sidewalk use. Restaurant or food service business establishments may utilize the outside
private sidewalk area adjacent to the business for patron use,to include non-fastened small
tables and chairs or benches during business hours only.
Businesses which utilize this type of sidewalk use shall maintain at least a four-foot wide
open area for passage from one property to the next, from the inside of any curb toward the
business front, and in accordance with the Americans with Disabilities Act. Where such
four-foot open space is not available,table or chairs shall not be allowed. All such uses shall
be approved by the applicable City administrator.Number and size limitations are as follows:
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ORDINANCE No. 2016-27
(1) Limited to 50 percent of restaurant frontage as approved by the Development
Services department.
(2) Maximum number of tables and chairs;four tables with a maximum of four chairs
each.
(3) Maximum table width; four feet.
(4) Umbrellas may be utilized provided they adhere to the four-foot clearance for
Americans with Disabilities Act access and do not have any advertising.
(e) Restaurants or similar food service business establishments with larger outdoor seating
area available that can be isolated may be permitted with the following provisions:
(1) Site Plan approval is required by the Site Review Committee. Location and any
separation from other uses; sidewalks,parking, and landscape for example,must
be demonstrated and maintained.
(2) Outdoor seating cannot exceed more than half the total square feet or number of
seats, whichever is less, of the indoor seating area.
(3) All sidewalks and pedestrian access areas shall maintain Americans with
Disabilities Act accessibility.
(4) No advertising shall be permitted on table umbrellas or fencing material unless
approved by the City administrative official.
(5) Required landscaping must be maintained in accordance with the city Land
Development Code.
•
Sec. 122-224. - Conditional uses.
(a) Conditional uses in the C-2 district are as follows:
(1) Manufacturing,provided such manufacturing employs not more than five persons
and is incidental, complementary to, and in conjunction with a retail business or
service.
(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 manufacturing or commercial products.
(3) Shopping centers; any group of businesses with shared parking or in which the
total land area of the development is ten acres or more.
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ORDINANCE No. 2016-27
(4) Agricultural service operations.
(5) Public or semipublic facilities or structures not operated by the City and not listed
as a permitted use.
(6) Utility facilities;such as electric transformers,gas regulator stations,and so forth.
(7) Recreational vehicle parks.
(8) Hospitals, clinics, and nursing homes.
(9) Automobile and truck repair garages; and painting, welding and body shops.
(10) Dwelling units, provided that the requirements of the R-3 zone are met, mobile
home parks per Article V of this Chapter, and Planned Unit Developments per
Article IV of this Chapter.
(11) Kennels or veterinary clinics, provided that all animal services and confinement
areas; including runs, are in air conditioned and sound-attenuated buildings.
(12) Churches, funeral homes and cemeteries.
(13) Retail establishments more than 100,000 square feet.
(14) Private schools.
(15) Bus terminals, major equipment sales, manufactured housing sales, travel trailer
and recreational vehicle sales.
(16) Bed and breakfast inns.
(17) Automobile and truck services, carwashes, and automobile,truck,boat and farm
equipment sales.
(b) 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 of the City Council,
are not more obnoxious to the district than the uses provided in this Section. All
conditional uses must be provided per Chapter 86, Article III, Division 3.
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CITY OF CLERMONT
ORDINANCE No. 2016-27
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Floridaon this 28th day of June, 2016.
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�^ ? •• ' •. ,' / CITY OF CLERMONT
..*:1,4i . t _ i ,ati,i
-�`-.0 Gail L. Ash, May+r
ATTEST:"'
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Tracy Ackre d Howe, City Clerk
Approved as e : •• and legality:
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Dame antzaris, City ' orney