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O-208-C ~~. . " , - ~ ¡~,.. . . ORDINANCE NO. 208-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, L~E COUNTY, FLORIDA, AMENDING APPENDIX A, ZONING ORDINANCE OF THE CITY OF CLERMONT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1: Appendix A of the Code of Ordinances, City of Clermont, is hereby amended to read as follows: A. See attached" schedule which is incorporated and made a part hereof. SECTION 2: All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.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 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 30 days after its Second Reading and Final Passage. First Reading this day of day of IIpril , 1980. 8 Second Reading this May , 1980. 27 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 27 DAY OF Mi'!Y , 1980. " - r '>J " ..~ ~~ ~ -", ~ e: .' ~."" :_.......S - ,r.-:--,: -",'- ;:,: ~ !~. ",' $ < ~ ~,:" BY: (!f ~.u'- ¡,C} ~ CLAUDE E: ~~;~~~J~ Mayor CITY OF CLERMONT ...,.,.-,," ..,,- . ATTEST: ~ ~.vn"¿d f) L.f) ) ~~DRA O. ROZA'>- ~y Clerk . þ . ~ . .,~. .'; . . APPROVED by me this 27 day of May , 1980. CLAUDE E. SMOAK, JR., Mayor CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 208-C was published on the 15 day of May ,1980, in. a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.140 (3)(a), said date of publication being 14 days prior to the Second Reading and Final Adoption of the Ordinance. Also April 24, 1980. h~~~ S~DRA O. ROZAR, [i~C£lerk . T o - 1 , , -, xx ARTICLE SCHEDULE OF DISTRICT REG~tATIONS INDUSTRIAL Ml Zone STRUCTURES AND USES DISTRICTS PARKING F. OFF-STREET PAR5- INQ REQUIREMENTS I'll REQUIREMENTS E MINIMUM YARD REQUIREMENTS Nl OPEN SPAcE D. MINIMUM LOT AND HEIGHT REQUIREMENTS HI , YARD . LOT C. CONDITIONAL USES I'll B. PERMITTED USES I'll A. PURPOSE HI 1) Front Yard. Property 1) Light manuñ~ adjacent to SRSO & US27, ing: One (1) fifty feet. The setback for each 500 sq. t. on all'other streets of gross floor area, shall"be twenty five (25) or one parking space feet. for each two employee 2) Side Yard. Twelve (12) based on the greatest feet. number of employees 3) Rear Yard. Twenty-five at work on the larges (25) feet. The rear build- shift, whichever is ing line on lake front greater. property shall be meas- 2) Wholesale Business: ured from the established Two (2) spaces for high water mark. each employee. 4) Buffer Strip. When a 3) Offices: One space commercial or industrial for each 200 sq. ft. use abuts a residential of floor space., use, the commercial or 4) Other uses industrial use shall pro- loading areas: vide a buffer strip along Section 26-23 and the abutting property line. 26-24. per Section 26-18. -- 39 i I ì I I I 1) Lot Coverage Maximum eighty (80) percent. 2) Maximum Hei~ht:Thirty- five (35) feet. See Section 26-17. 1) 2) 3) ments. 4) Schools, utility facilities, and other semi-public facilities not maintained or opera- ted by the City of Clermont. 5) Other manufacturing or wholesale uses listed as a permitted be considered ditional use, the following 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 applJcable loca1" state & federal regula- tions regarding such use can be met. All conditional uses must be provided per Article IX. Develop may con provided conditions Airports. Junk Yards. Planned Unit not use as a .g 1) All uses permitted in the General Business District. 2) Light ~~nufacturing. Generally recognized light industries engaged in manufacturing, assembling or packaging. All manufacturing work must be conducted within a com- pletely enclosed building with a total maximum floor space of seven thousand (7 000) sg. ft. or less as defined in the Southern Build- ing Code. 3) Wholesale Enterprises and estab- lishments engaged in warehousing, with or without retail sales, such as but not limited to lumber yards, building material yards, electrical and plumbing supplies. 4) Offices or technical training enterprises. 5) Field crops, orchards, nurseries. 6) Buildings, structures or uses maintained or operated by the City of Clermont. 7) Auto painting, shops. 8) No dwelling except for the Watchman or as shall be erecteè quarters of a C2 and body welding, units sleeping aPUD s district is ended for industrial 's of such a nature t they do not create lems of compati- ity with adjacent d uses. A site plan -equired and must approved by the , Manager ) 40 - PARKING F. OFF-STREET PAR5- INQ REQUIRE1IIIL- , " . 40 - , , -- REGULATIONS OF DISTRICT SCHEDULE M1 - J:NDUSTRlAL Zone - AND USES DISTRICTS SPACE REQUIREMENTS E. MINIMUM YARD REQUIREMENTS YARD , OPEN D. MINIMUM LOT AND HEIGHT REQUIREMENTS MI . LOT C. CONDITIONAL USES I'll STRUCTURES B. PERMITTED USES HI A. -PURPOSE Ml 6) In case of the un- certainty of any use, uses may be permitted which, after Con- sideration by the Planning & Zoning Com- mission & approved by the City Council, are not more obnoxious to the district than the uses herein provided, and are consistant with the purpose of this district. A site plan is required and must be approved by the City Maoager. All manufacturing or -commercUl -uses must be conduèted within 'a com- " pletély enclosed building except for outdoor storage, which must be screened from a public street and adjacent property. ) PARKING F. OFF-STREET PAR&- INC REQUI REMENTS C2/CBD (14) sq. ft. of park- ing space for.sq. ft. of floor " provided for w p- pers with~~ the sanc- tuary. 12) School.. One park- ing space for each 30( sq. ft. of floor space. 13) Single, two, threl and multi-family dwel] ing units. Two (2) parking sp~ces per dwelling U:11t. 14) Other Uses and loading ar~a: See Sec- tion 26-23 and 26-24. 15) The Central Bu,,- ) iness District.) is exempt from street parking ir ments ~A _ . SCHEDULE OF DISTRICT REGULATIO~S Zone C2 General/Central Business District USES AND STRUCTURES LOT, YARD' OPEN SPACE REQUIREMENTS B. C. D. E. PERMITTED USES CONDITIONAL USES MINIMUM LOT AND MINIMUM YARD C2/CBD C2/CBD HEIGHT REQUIREMENTS REQUIREMENTS C2/CBD C2/CBD City Council are not more obnoxious to the district th_~ the Uses herein pro- vided. Conditional Uses shall be as provided in Article IX I I I I ¡ , i I i i ¡ I I DISTRICTS A. PURPOSE C2/CBD " XVII ARTICLE XVII ARTICLE S REGULATIO:¡ DISTRICT OF SCliEDULE DISTRICT PROFESSIONAL RESIDENTIAL R3 - Zone DISTRICTS PARKING F. OFF-STREET PAR5- ING REQUI REMENTS SPACE REQUIREMENTS E. HINIMUM YARD REQUIREKENTS ARD & OPEN D. HINIKUM LOT AND HEIGHT REQUIREHENTS R3 y . LOT C. CONDITIONAL USES R3 STRUCTURES AND B. PERMITTED USES R3 USES A. PURPOSE R3 1) Lot Size. SingZe- 1) Front Yard. Property 1) Single, tw. famiZy: 7,500 square adjacent to SRSO and US27 three family, feet. 'fuo-famiZy: 10,000 shall maintain a fifty (50) multi-family <!We Ùng square feet. Three- foot setback. The setback units shall have two famiZy: 12,000 square an all other streets shall (2) off-street park- feet. ImZtipZe-famiZy: be twenty-five (25) feet. ing spaces per 3,000 square feet per 2) Side Yard. SingZe-famiZy dwelling unit. dwelling unit. dUpZex, or tripZex: seven 2) Hospitalsl & nursing 2) Lot Width. SingZe- and one-half (7.5) feet. homes shall have one famiZy& IiupZe:::: Seventy- Toumh.ouse and rnuZtipZe space for each 4 beds five (75) feet measured famiZy dWeZZing units: plus one spa~e for at the building setback Fifteen (15) ft. setback e~ch Doct~r ,& each 4 line, fifty (50) feet Corner Lots: Twenty-five employees., 'I meas. along the property (25) feet for all types of 3) Rooming 'and board- lines or lines contiguou~ dwelling units, except inghouses shall have to any street, road or where the rear yard abuts one space for each highway. Tri- only another rear yard, bedroom. pZe:::, MuZti-FamiZy: One 12 fe~t. 4) Schools sha~e hundred (100) feet meas- 3) Rear Yard. TWecty-five one parking sp r ured at the building (25) feet. The rear building each 300 square eet setback line and fifty ( line on lakefront property of classroom floor (50) feet measured along shall be measured from the space. the property line or established high .ater mark. 5) ~~bile home parks lines contiguous to any 4) Buffer Strips. When a shall have one park- street, road or highway. conditional or multi-family in~ space for each 3) Lot Coverage. SingZe- use abuts a single family trailer space. famiZy, dUpZe:::, and use, the conditional or 6) Offices shall have trip~: Forty (40) per- I¡multi-family use shall pro- one parking space for cent. /1UZtipZe-famiZy ,vide a landsca~e buffer each 200 square feet and Townhouse: Twenty- ¡strip bet;,een the uses, of floor space. five (25) percent. ¡>er ¡)ection 26-18. 7) Off-streeJ parking shall be provided for -- 32 i ¡ ¡ Thirty 4) Maximum Height five (35) feet. See Section 26-17 1) Churches, provided adequate buffer strips between residential uses are provided. 2) Private schools. 3) Public or semi-public facilities or structures not maintained or operated by the City of Clermont (i.e. operated by another unit of government.) ~) Utility facilities (i.e. electric trans- former, gas regulator stations, etc.) 5) Boathouses, provided no living quarters 'are included. 6) Planned unit Develop- ment Per Article VI. ì}lëemeteries 3) Townhouse and multi- ?le family developments of twenty-four (24) or ~re dwelling units. 3) Professional offices. 1) Hospitals, clinics aüd nursing homes. 11) Nursery schools or kindergartens, provided the outdoor play area is enclosed by. a fence at least 4' in height anc 1) Single-family dwelling units having a minimum living area of 1,000 square ft. ,exclusive of garage~ 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) Three-family, townhouse, and multi-family dwelling units with less than 24 units, having a minimum of 600 square feet per unit,exclusive of garages, carports and screened areas. 4) Buildings, structures or uses maintained or operated by the City of Clermont. 5) Home occupations as provided in Section 26-25. 6) Field crops, orchards, and other horticulture uses where no selling at retail is involved 7) Customary and structures Accessory uses accessory buildings including private garages, non- commercial greenhouses. and work- shops purpose of this :rict is to provide .urn density town- e and multiple .1y housing in an .n area where ed and where urban 'eniences and .lities can be pro- ed¡ also to pro- e for those essional services in direct conflict the residential e and which do not ,rate traffic uch a nature as ire commercial ,strial zoning te plan is required multiple-family lopments and essional offices. to or ./ ~ - 33 S REGULAT ION SCHEDULE OF DISTRICT PROFESSIONAL DISTRICT RESIDENTIAL R3 - Zone STRUCTURES AND USES F. OFF-STREET PAR5- INQ REQUI REMENTS R3~ church use a" ratio not less than fourteen 04> squarE feet of parking space for each square foot of floot space provided for worshippers within the church sanctuar) 8) Other uses see Section 26-23. PARKING SPACE REQUIREMENTS E. MINIMUM YARD REQUIREMENTS R3 OPEN D. MINIMUM LOT AND HEIGHT REQUIREMENTS R3 , YARD , LOT C. CONDITIONAL USES R3 a. PERMITTED USES R3 DISTRICTS A. PURPOSE R3 state require- meets ments. 12) Mobile Home Parks Per Section 26-26. 13) Boarding houses. 14> In case of the un- certainty of the classi- fication of any use,uses may be pérmitted which, after consideration by the Planning & Zoning Commission & approved by the City Council, are not more obnoxious to the district than the uses herein provided. all . . -- '33 All conditional uSes must be provided per Article IX. ) XVII I ARTICLE ARTICLE XVIII REGULATIONS - DISTRICT OF SC:iEDlii.E DISTRICT C1 - LIGHT COMMERCIAL Zone USES DISTRICTS PARKING F. OFF-STREET PAR5- ING REQUIREMENTS C1 SPACE REQUIREMENTS E. MINIMUM YARD REQUIREMENTS C1 OPEN D. MINIMUM LOT AND HEIGHT REQUIREMENTS C1 & YARD -LOT C. CONDITIONAL USES C1 AND STRUCTURES B. PERMITTED USES Cl A. PURPOSE Cl 1) Front Yard. Property 1) Retail bus~s adjacent to SRSO & US27 and personal ~ shall maintain a fifty (50) establishments. One foot setback. The setback parking space for on all other streets shall each 250 square feet be twenty-five (25) feet. of floor space 2) Side Yard. Twelve (12) occupied by such feet. When a commercial establishment. establishment is provided 2) Offices. One with rear access by a parking space for public right-of-way,no side each 200 square feet yard is required except corner lots wherein a side of floor space. yard of twelve (12) feet 3) Mobil: Home Park. shall be maintained. One park~ng space 3) Rear Yard. Twenty-five for each trailer spac (25) feet. The rear build- 4) Hospitals, clinics ing line of lakefront nursing homes.~ property shall be measured space for eac i from the established high beds plus one water mark. for each staff or 4) Buffer Strips. '/hen a visiting doctor plus conditional or commercial one space for each use abuts a residential four employees use, the conditional including nurses. commercial use shall pro- 5) Churches. Off- vide a landscape buffer street parking shall strip along the abutting be provided for property lineJ per Section church use at a 26-18. ratio not less than fourteen (14) square feet of parking ,- 34 - 1) Retail business, 1) Lot Coverage. personal service estab- (80) percent. lishments and professiona_2) Maximum Height. Thirty offices greater than five (35) feet. See 3,000 square feet. Section 26-17. 2) Public or semi-public facilities or structures not maintained or opera- ted by the City of Clermont and not listed under permitted use (i.e. operated by another unit of government.) 3) Utility facilities (i.e. electric trans- former, gas .regulator stations, etc.) 4) Hospitals, clinics and nursing homes for "the treatment of human ailments funeral homes Eighty 5) Nursery schools, kin· der&artens or child care " centers provided the out-I door play area is enclos-; ed by a fence at least ' four (4) feet high and I meets State requirements.i 6) Churches. 7) Schools and cemeteries. 8) Hobile Home Parks. per Article IX; Planned Unit gevelopments. 1) CONVENIENCE/RETAIL BUSINESSES which supply commodities on the premises, such as but not limited to: groceries, gasoline (without automotive repair), baked goods, or other foods, drugs, dry goods, clothing, decorations, hardware, furniture, appliances, sporting goods, flowers, etc. 2) PERSONAL SERVICE establishments such as but not limited to: beauty shops, barber shops, tailor or dressmaking shops, shoe repair shops, music, dancing, photographic studios, laundries and dry cleaning establishments. 3) PROFESSIONAL OFFICES, banks, loan companies, insurance offices, real estate offices, lodges and clubs, and similar business establishments (4) DWELLING UNITS permitted in the R-3 District provided that they meet the regulations of the R-3 District. (5) BUILDINGS, STRUCTURES or uses maintained or operated by the City of Clermont. (6) FLOOR SPACE: No business estab- lishment may occupy more than 3,000 square feet of floor space. All uses must be within a com- pletely enclosed building except for outdoor stora~e, which must be screened from a public street and adjacent property. purpose of this trict is to provide It retail sales and "vices which would be detrimental to acent residential ~ricts. A site plan required and must approved by the y Hanager. ) F. OFF-STREET PAR5- INC REQUIREMENTS CI . space for each ~ square foot of floor space provided for worshippers within the sanctuary. 6) Funeral Homes.One parking space for eacl four (4) seats in the assembly rooms. 7) Schools. One park- ing space for each 300 square feet of classroom floor space 8) Single, two, three and multi-family dwelling unit. (2) parking sp per dwelling un . 9) Other uses and loading areas. See Section 26-23 and 26-24. 35 PARItINC SCHEDl!!.:: Of DISTRICT RECU!.^TIO~S Zone C1 - LIGHT COMMERCIAL DISTRICT USES AND STRUCTURES LOT, YARD , OPEN SPACE REQUIREMENTS B. C. D. E. PERMITTED USES CONDITIONAL USES MINIMUM LOT AND MINIMUM YARD Cl Cl HEIGHT REQUIREMENTS REQUIREMENTS Cl CI 9) In case of the uncer- I tainty of the classifica- tion of any Use, Uses u:ay I be permitted which, aftet consideration by the Plax- ning & Zonin3 ColDILiss ion and approved by the City . Council are not more obnoxious to the district than the USe3 herein pro- , vided. I All Conditional Uses musJ 1 be provided ?er Article IX. I I I I ! ; DISTRICTS A. PURPOSE C1 ---- 3$ ::. ) . ,,«.1 U':1.1:. Xl". DISTRICT REGULATIONS - ARTICLE XIX SCHEDULE OF C2 General/Central Business District Zone STRUCTURES AND USES DISTRICTS PARKING F. OFF-STREET PAR~ INC REQUI REMENTS C2/CBD REQUIREMENTS E MINIMUM YARD REQUIREMENTS C2/CBD OPEN SPACE D HINIHUH LOT AND HEIGHT REQUIREMENTS C2/CBD & YARD LOT C. CONDITIONAL USES CZ/CBD B. PERMITTED USES C2/CBD A. PURPOSE C2/CBD 1) Front Yard. Property 1) Retail business & adjacent to SRSO & US27 personal servi.- shall maintain a fifty (50) tablishments: rk foot setback. The setback ing space for 25C on all other streets shall sq. ft. of floor space be twenty-five (25) feet. occupied by such estal 2) Side Yard. Twelve (12) lishment. feet. lfuen a commercial 2) Offices. One park- establishment is pro- ing space for each 20( vided with rear access by sq. ft. of floor spacE a public right-of-way, no 3) Mobile Home Parks. side yard is required ex- One parking space for cept corner lots wherein a each trailer space. side yard setback of 4) Theaters, Audi- twelve (12) feet shall toriums, Funeral Homes be maintained. One parking space for 3) Rear Yard. Twenty-five each four (4) seats in (25) feet. The rear building the assembly rooms. line of lakefront property 5) Hotels/Hotel.e shall be measured from the parking space ch established high water mark.accomodation pl ne 4) Central Business District .space for each three The CBD is exempt from the (3) employees. minimum yard requirements. 6) Restaurants. One 5) Buffer Strips. When a parking space for each commercial use abuts a fifty (50) sq. ft. of residential"use, the com- floor area devoted to Imercial use shall provide a patron use plus one !landscape buffer strip alongspace for each four Ithe abutting property line, (4) employees. I !per Section 26-18. 7) Automotive Service I end Gas Stations. Four ¡ (4) parking spaces I . . for each grease ....", 1) RETAIL BUSINESS Any retail 1) Manufacturing, pro- 1) Maximum Height.'Thirty business or service, including the vi ding such manufacturing five (35) feet.Sec.26-17 sale of goods and services for resal~"employs not more than 2) Lot Coverage. Maximum as long as it is incidental and in five (5) persons, and is eighty (80) percent. conjunction with a retail business. incidental, complimentary. 3) The Central Business 2) PERSONAL SERVICE ESTABLISllliENTS. and in conjunction with a District (CBD) is exempt such as but not limited to: beauty retail business or service from the minimum lot shops, barber shops, tailor or dress- 2) Residential Storage coverage requirements making shops, shoe repair shops, Warehouses. Storage music, dancing, photographic studios, facilities used exclu- laundries and dry cleaning establish- sively for storing excess ments. personal property (i.e. 3) PROFESSIONAL OFFICES, banks, loan boats, campers) generally companies, insurance offices, real stored in residential estate offices, lodges and clubs. and accessory buildings. This similar business establishments. shall not include the 4) AUTOMOTIVE SERVICES including gas storage of manufacturing stations, auto sales, car washes, or commercial products. bus terminals, trailer sales and 3) Shopping Centers, any agricultural equipment sales. group of five (5) or moré 5) RECREATION FACILITIES, theaters, businesses with shared including drive-ins, bowling alleys, parking or in which the skating and roller rinks, billiard total land area of the halls miniature golf courses driving ~evelonme"t exceeds 5 acres , . . 4) Agriculture Service ranges, and tourlst attractions. ti opera ens. 6) HOTELS, MOTELS, RESTAURA.'TS, (in- 5) Public or semi-public cluding drive-ins) and related facilities or structures services. not maintained or opera- 7) HOSPITALS, CLINICS, AND NURSING ted bY,~he Ci~y of Cle~- HOMES; FUNERAL HmrnS; CHURCHES ;""nt and not listed as a 8) Buildings, structures permitted use. maintained or operated by 6) Utility Facilities of Clermont (i.e. electric trans- former, gas regulator stations,etc. I ! , uses City or the I , I s district is :ended for full ale retail sales and rvice needs of the mmunity. site plan is qui red and must be ~roved by the City 1ager 37 SCHEDULE OF DISTRICT REGULATIO~S Zone C2 General/Central Business District STRUCTURES AND USES DISTRrCrS PARKING F. OFF-STREET PAR~ INQ REQUIREMENTS REQUIREHENTS E MINIMUM YARD REQUIREMENTS SPACE D. MINIMUM LOT AND HEIGHT REQUIREMENTS C2/CBD OPEN & YARD . LOT C. CONDITIONAL USES C2! CBD B. PERMITTED USES C2/CBD A. PURPOSE C2/CBD rack or simil~ lity plus one~- for each employee. 8) Recreation Facili- ties: One parking space for each 200 sq ft. of floor area devoted to patron use 9) Hospitals, clinics nursing homes: One space for each four beds plus one space for each staff or visiting doctor plus one space for each four employees, in- cluding nurse~ 10) Lodges/CI . parking space eac fifty (50) sq. ft. of floor space. 11) Churches. Off- street parking shall be provided for churc use at a ratio not less than !o~rteeg -37- - I ; I I , I I I , i , 7) Auto Painting, 'weldini and body shops. 8) Dwelling Units pro- vided that the require- ments of the R3 zone are , met: Mobile Home Parks I per Article IX; Planned Unit Developments. 9) Nursery Schools, kin- dergartens, child care centers provided the out- door play area is en- closed by a fence ,at least four (4) feet high. 10) Kennels or veterinary clinics provided that all animal services and con- finement areas including runs, are. in air con- ditioned and sound attenuated buildi~gs. 11) Schools & Cemetries. 12) In case of the uncer-, tainty of the classifica- tion of any use, uses may be permitted which, after consideration by the Planning & Zoning Com- mission & app~oved by_ the is required and must the City Manager. 9) A site plan be approved by 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 I ." ,. " ARTICLE XIV s REGULAT IO:; DISTRICT Of SCHEDULE DISTRICT URBAN RESIDENTIAL R1A Zone DISTRICTS F. OFF-STREET PAR~ ING REQUIREMENTS R1A 1) Each dwel~ unit shall haW--~ (2) off-street park- ing spaces. 2) Off-street parkin¡ shall be provided fOJ church use at a rati< not less than four- teen (14) square feel of parking space for each square foot of floor space provided for worshippers with- in the church PARKING REQUIREMENTS E. MINIMUM YARD REQUIREHENTS R1A SPACE D. MINIMUM LOT AND HEIGHT REQUIREMENTS R1A OPEN , YARD , LOT C. CONDITIONAL USES RIA STRUCTURES AND B. PERMITTED USES R1A USES A. PURPOS E RIA sanctuary . 3) Other uses per Section 26-23.. 29 - 1) Front Yard. Property adjacent to SRSO & US27 shall maintain a fifty (50) foot setback. The setback on all other streets shall be thirty- five (35) feet. 2) Side Yard. On interior lots nine (9) feet. On a corner lot, the side yard setback shall be twenty- five (25) feet, except on lots where the rear yard abuts only another rear yard, 12 feet. 3) Rear Yard. Twenty-five (25) feet. The rear building line on lakefront property shall be measured from the established high water mark. 4) Buffer Strips. When a conditional use abuts a ¡ residential use, the con- ditional use shall pro- vide a buffer strip along the abutting property lin~ per Section 26-18. 1) I.ot size. A minimum usable land area of not less than 10,000 sq. ft 2) I.ot width. One hundred (100) feet meas- ured at the building setback line. Fifty (50) feet measured along the property line or lines contiguous to any street road or highway. 3) Lot Coverage.Haximum forty (40) percent. 4) Maximum Height. Thirty five (35) feet. See Section 26-17. 1) Churches, provided adequate buffer strips ~etween residential uses are provided. 2) Public or semi-public facilities or structures not maintained or opera- ted by the City of Clermont (i.e. operated by another unit of 1ovemment. ) 3) Utility facilities (i.e. electric trans- former, gas regulator stations, etc.) 4) Boathouses, provided no living quarters are included. 5) Planned Unit Develop- ment. Per Article VI. 5) Cemeteries. 7) In case of the un- certainty of the classi- fication of any Use, Uses may be permitted which, after consideration by the Planning & Zoning Commission & approved by the City Council are not more obnoxious to the district than the uses herein provided. All conditional uses must be provided per Article IX. 1) Single-family having a minimum 1,200 square feet, garages, carports, areas. 2) Buildings, structures or uses maintained or operated by the City of Clermon t. . 3) Home occupations as provided in Section 26-25. 4) Field crops, orchards, and other horticulture uses where no selling at retail is involved. 5) Accessory uses. Customary accessory buildings and structures including private garages, non- commercial greenhouses, and work- shops. dwelling units living area of exclusive of and screened district is intend- or single-family to be used to ctures uch a manner as erve and enhance density neighbor- values. ) '" xv ARTICLE xv ARTICLE s REGVLATIO~; DISTRICT SCHEDt:U; OF DISTRICT - URBAN RESIDENTIAL R1 Zone DISTRICTS F. OFF-STREET PAR5- ING REQUI REMENTS R1 1) Each dwel a·ni: shall have t~ off-street parking PARKING REQUIREMENTS E. MINIMUM YARD REQUIREHENTS R1 & OPEN SPACE D. MINIMUM LOT AND HEIGHT REQUIREMENTS YARD LOT C. CONDITIONAL USES R1 STRUCTURES AND B. PERMITTED USES R 1 USES A. PURPOSE R1 spaces. 2) Off-street parkinl shall be provided fo: church use at a ratic not less than four- teen (14) square feel of parking space for each square foot of floor space provided for worshippers with- in the church . 30 - sanctuary . 3) Other uses Section 26-23 1) Front Yard. Property adjacent to SR50 & US27 shall maintain a fifty (5~ foot setback. The setback on all other streets shall be twenty-five (25) feet. 2) Side Yard. On interior lots, seven and one-half (7.5) feet. On a corner lot, the side yard setback shall be twenty-five (25) feet, except on lots where the rear yard abuts only another rear yard, 12 feet 3) Rear Yard. Twenty-five (25) feet. The rear building line on lake front property shall be measured from the established high water mark. 4) Buffer Strips. When a conditional use abuts a residential use, the con- ditional use shall provide a buffer strip along the abutting property line, per Section 26-18. R 1) Churches, provided 1) Lot size. A minimum adequate buffer strips usable land area of not between residential uses less than 7,500 square are provided. feet. 2) Public or semi-public 2) Lot Width. Seventy-five facilities or structures (75) feet measured at the not maintained or opera- building setback line. ted by the City of Fifty (50) feet measured Clermont (i.e. operated along the property line by another unit of or lines contiguous to gove~ment.) any street, road or 3) Utility facilities highway. (i.e. electric trans- 3) Lot Coverage. Maximum former, gas regulator forty (40) percent. stations, etc.) 4) Maximum Height. Thirty 4) Boathouses, provided five (35) feet See no living quarters are Section 26-17 included. 5) Planned Unit Develop- ment. Per Article VI. 6) Cemeteries. 7) In case of the un- certainty of the classi- fication of any use,uses may be permitted which, after consideration by the Planning & Zoning Commission & approved by the City Council are not more obnoxious to the distriçt than the uses herein provided. All conditional uses must be provided per Article IX. 1) Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, and screened areas 2) Buildings, structures or uses maintained or operated by the City of Clermon~. 3) Home occupations as provided in Section 26-25. 4) Field crops, orchards, and other horticulture uses where no selling at retail is involved. 5) Accessory uses. Customary accessory buildings and structures including private garages, non- commercial greenhouses, and work- shops. .s district is intend- for single-family 'uctures to be used as to provide for a .ium density single- lily residential 1ge. ARTICLE XVI XVI ARTICLE REG!itATIO~S DISTRICT OF S CHE DULE DISTRICT MEDIUM DENSITY RESIDENTIAL R2 Zone DISTRICTS PARKING F. OFF-STREET PAR5- INC REQUIREMENTS R2 REQUIREMENTS E. MINIMUM YARD REQUIREMENTS SPACE D. HINIMUM LOT AND HEIGHT REQUIREMENTS R2 OPEN , YARD . LOT C. CONDITIONAL USES R2 STRUCTURES AND B. PERMITTED USES R2 USES A. PURPOSE R2 1) Each dwelr shall have t off-street par ng spaces. 2) Off-street park- ing shall be provide. for church use at a ratio not less than fourteen (14) square feet of parking spacI for each square foot of floor space pro- vided for worshipper, within the church sanctuary. 3) Other uses per Section 26-23~ 31 - R? 1) Front Yard. Property adjacent to SRSO & US27 shall maintain a fifty (5~ foot setback. The setback on all other streets shall be twenty-five (25) feet. 2) Side Yard. On interior lots, seven and one-half (7.5) feet. On a corner lot, the side yard setback shall be twenty-five (25) feet, except on lots where the rear yard abuts only another rear yard, 12 feet. 3) Rear Yard. Twenty-five (25) feet. The rear building line on lakefront property shall be measured from the established high water mark. 4) Buffer Strips. When a conditional use abuts a residential use, the con- ditional use shall provide a buffer strip along the abutting property line, per Section 26-18. 1) Lot Size. SingZe- famiZy: not less than 7,500 square feet. TWo-famiZy: not less than 10,000 square feet. 2) Lot Width. Seventy- five (75) feet measured at the building setback line. Fifty (50) feet measured along the pro- perty line or lines contiguous to any street, road or high- way. 3) Lot Coverage. Maximum forty (40) percent. 4) Maximum Height.Thirty five (35) feet. See Section 26-17 1) Churches, provided adequate buffer strips between residential uses are provided. 2) Public or semi-public facilities or structures not maintained or opera- ted by the City of Clermont (i.e. operated by another unit of government.) 3) Utility facilities (i.e. electric trans- former, gas regulator stations, etc.) 4) Boathouses. provided no living quarters are included. 5) Planned Unit Develop- ment.Per Article VI. ~emeteries. 7) In case of the un- certainty of the classi- fication of any use, uses may be permitted which, after consideration by the Planning & Zoning Commission & approved by the City Council are not more obnoxious to the district than the uses herein provided. All conditional uses must be provided per Article IX. 1) Single-family dwelling units having a minimum living area ofl,OOO 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 caports an~ screened areas. 3) Buildings, structures or uses maintained or operated by the City of Clermont. 4) Home occupations as provided in Section 26-25. 5) Field crops, orchards, and other horticulture uses where no selling at retail is involved. 6) Accessory uses. Customary accessory buildings and structures including private garages, non- commercial greenhouses, and work- shops s district is intend- for medium density two-family res i- tial uses " " . ~ THE ZONING ORDINANCE OF THE CITY OF CLERMONT, FLORIDA ORDINANCE NO. 208-C June 1980 .. /" J .... // ,/ / /' .' '. .. TABLE OF CONTENT~ . Article I Preamble and Enactment Clause. Article II Short Title. . . . . . Definition of Terms used in the Ordinance. Article III Article IV Establishment of Districts General Provisions . . . Article V Section 26-10 Section 26-11 Section 26-12 Section 26-13 Section 26-14 Section 26-15 Section 26-16 Section 26-17 Section 26-18 Section 26-19 Section 26-20 Section 26-21 Section 26-22 Section 26-23 Sec tion 26-24 Section 26-25 Section 26-26 Section 26-27 Section 26-28 Article VI Building Permit. Moving of Structures Public Street frontage Limitation on number of principal buildings on lots in residential areas Lot Size . ." .. . Yards.. ......... Measurement of Yard Setbacks Height limits. ...... Buffer Strips. . . . . . . . Types of Fences and Walls Permitted. Access to Utility Easements. . . . Restrictions on Erection of Fences and Hedges. . .. ....... Required for Unsightly Occupancies; Approval of Plans. . . . . . . . . . . . . . Off-street Automobile Parking. . . . . . Off-street Loading and Unloading Spaces. Home Occupations . . . . . . Mobile Home Park . . . . . . . . . . . . Site Plans; Required Data; Site-check fee. Open Air Sales Permits Planned Unit Developments. Article VlI Variances. . . . . . . . . Article VIII Board of Zoning Adjustment Section 26-29 Section 26-30 Article IX Establishment. . . . Proceedings, powers and appeals. Conditional Use Permits . . Article X . . . . . . . Administration, Enforcement, Penalties & Remedies. Section 26-31 Section 2~-32 Section 26-33 Section 26-34 Section 26-35 Section 26-36 Section 26-37 Zoning administrative officer. BuildinR permit required Application for building permit. Construction progress. . Certificate of Occupancy Penalties for Violation. Remedies . . . . . . . . f . 1 1 1 5 6 6 6 6 6 6 7 7 7 7 8 8 8 8 9 9a .10 .11 .11 .13 .13 .21 .22 .22 .22 .23 .25 .25 .25 .25 .25 .25 .25 .26 '" . . .- , Article Xl Exceptions and Modifications Article XII Amendments . . . . . . . . .26 .26 .26 .26 .27 .27 .28 .28 .28 .28 .28 .29 .30 .31 .32 .33 - 34 - 35 Section 26-38 Section 26-39 Section 26-40 Existing lots. . . . Front Yard Setback for Dwellings Continuance of nonconforming uses. Section 26-41 Amendments to Zoning Regulations and District Boundaries Article XlII Legal Status Provisions. . . Section 26-42 Section 26-43 Section 26-44 Section 26-45 Conflict with other laws Separability . . . . . . Repeal of conflicting ordinances Effective date . . . . . Article XIV RIA District Zoning Re~ulations. Article XV Rl District Zoning Regulations Article XVI R2 District Zoning Regulations Article XVII R3 District Zon ing Regulations Article XVIII Cl District Zoning Re"gula tions Article XIX C2 General/Central Business District Zoning Regulations.36 - 37 - 38 Article XX I'll District Zoning Regulations. . . . . . . . . . . . .39 - 40 ~ . - f e· ARTICLE I. PREAMBLE AND ENACTMENT CLAUSE Pursuant to the authority conferred by House Bill No. 2223, Laws of Florida, Acts of 1967, and for the purpose of promoting the health, safety, morals, con- venience, order, prosperity, and the general welfare of the municipality; lessening congestion in the streets; securing safety from fire, panic, and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; conserving the value of property and encouraging the most appropriate use of land and building throughout the municipality, all in accordance with the general development plan, the City Council of the City of Clermont, Fiorida, does ordain and"enact into law the following articles and sections. r ARTICLE 11. SHORT TITLE This ordinance shall be known and may be cited as "The Zoning Regulations of the City of Clermont, Florida". ARTICLE Ill. DEF1NITION OF TERMS USED IN 111E ORDINANCE Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purposes of this ordinance, certain words or terms used herein are defined as follows: Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is always mandatory. The word "person" includes a firm, association. organization, partnership, trust, company or corporation as well as an individual. The word "lot" includes the word "plot" or "parcel". The word "building" includes the word "structure". The word "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied" . (1) Accessory use or building: and subordinate to the principal use such principal use or building. A use or building customarily incidental or building and located on the same lot with (2) Advertising structure: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any. outdoor advertising sign mav be placed. (3) Apartment house: See multiple family dwelling. " . ,e . , " (4) Boarding or rooming house: A dwelling òther than a hotel, motel or apartment having one kitchen and used for the purpose of providing meals or lodging or both for compensation to persons other than members of the family occupying such dwelling. (5) Buffer strip: A strip of land along a property line reserved for screening purposes from adjoining properties or public rights-of-way and planted with trees, shrubs or fenced in such a manner as to provide such screening neces- sary to hide from view any materials or vehicles stored behind such fence or enclosure. . (6) Building: Any structure attached to the ground and intended for shelter, housing, or enclosure of persons, animals, or chattels. (7) Building, height of: The vertical distance from the grade to the highest point of roof. Where no grade has been established the height of the building may be measured from the mean elevation of the finished lot at the front of the build- ing. (8) Buildin~ line: A line parallel to the front lot line, and located back of the required front yard. The building line shall be measured from the extreme support for the roof of the main structure or appurtenances thereto. (9)' Center line of street: The center line of a street is the line surveyed and monumented by the governing body as such or, if a center line has not been surveyed and monumented, it shall be that line running midway between the street right-of-way lines. (10) Clinic: A clinic is an establishment where patients who are not lodged overnight are admitted for examination and treatment by one person or group of persons practicing any form of healing or health building services to individuals, whether such person be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession the practice of which is lawful in the State of Florida. (11) Club: Building and facilities owned and operated by a corporation or associatio~persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily carried on as a business. (12) Condominium and cooperative apartment: For the purposes of this ordinance a condominium or cooperative apartment shall be defined as multiple family dwelling. (13) Convenience retail business: thousand (3,000) square feet of floor day-to-day operations of a household, and coin-operated laundries. A small retail store of no more than three space which provides goods or services for including TV or radio repair, mini-markets (14) Dwelling, duplex: A building designed for or occupied exclusively by two families with separate housekeeping or cooking facilities for each family. (15) Dwelling, single-family: A building designed for or occupied exclusively by one (1) family. (2) , . . ~ . (16) Dwelling, triplex: A building designed'for or occupied exclusively by three (3) families with separate housekeeping or cooking facilities for each family. (17) Dwelling, multiple-family: A building designed for or occupied exclusively by four (4) or more families, with separate housekeeping and cooking facilities for each family. (18) Dwellin~, townhouse: A single-family attached living unit from five units upward, with party walls, situated on its own lot or parcel no less than eighteen (18) feet in width, having no side yards or setbacks from adjacent townhouses in the group and no opening in side walls; being physically separated by rated fire wall. (19) Family: One or more persons occupying a dwelling unit and living as a single housekeeping unit. (20) High water mark: The normal high water mark for the Clermont Chain of Lakes or range of regulations, as determined by the City Engineer. (21) Home occupation: Any use customarily conducted entirely within a dwelling or building accessory thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, and does not adversely affect the uses permitted in the zone of which it is a part. Home occupations shall be subject to the applicable occupational license. (22) Living area, dwelling unit: A space within the confines of the structure which is completely enclosed by masonry, wood or glass and is habitable the year 'round. Garages, carports and utility rooms are excluded from the living area. (23) Lot: more buildings including such A parcel of land occupied or capable of being occupied by and the accessory buildings or uses customarily incidental open spaces as are required by this ordinance. one or to it, (24) Lot, corner: A parcel of land at the junction of and fronting on two (2) or more intersecting streets. (25) Lot, coverage: The part of a lot occupied by buildings, including accessory buildings, but excluding unroofed and unenclosed structures as drive- ways, tennis courts, swimming pools, patios, and sidewalks if constructed at grade level. (26) Lot, depth: The depth of a lot is the distance measured in a mean direction of the side lines of the lot from the midpoint of the front line and the midpoint of the opposite rear line of the lot. (27) Lot of record: A lot platted prior to September 10, 1968. (28) Lot, width: The distance between the side boundaries of the lot measured at the front building line. 3 -.'"\ . . . ~ (29) Mobile Home: A detached single-family dwelling unit which has all of the following characteristics: (a) It is designed for long-term occupancy and contains a flush toilet, tub or shower bath, kitchen facilities and sleeping accomodations. (b) It is designed to be transported after fabrication on its own wheels or on a flatbed or other trailer. (c) It arrives at the site where ,it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor assembly operations, location or jacks or othcr pcrmancnt or temporary foundations, connection of utilities, and the like. (30) Mobile home park: for the permanent placement of Health, and contains not A parcel of land which has been of mobile homes, approved by the less 'than a ten (10) acre parcel planned and improved Florida State Board of land. (31) Non-conforming use: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is located at the time of the adoption of this ordinance. (32) Nursing home: Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation. (33) Off-street parking space: An asphalt, concrete or brick space, which is: (a) Large enough for an automobilc to be easily parked thereon; and (b) Removed from and not located on any municipal street, alley, or public way; and (c) Accompanied by and includes an asphalt, concrete or brick driveway for utilization of said off-street parking space. (d) Off-street parking,space and accompanying driveway shall be con- structed of asphalt, concrete or paving brick and constructed according to the local building code. . (34) Planned Unit Development: A land subdivision with a majority of the individual building sites abutting directly on parks or other common open space and having direct access to a public street. The total site area of a Planned Unit Development shall contain the minimum,land area per dwelling unit required in the zone in which it is located. (35) Street: Any public street within the City of Clermont, Florida. 4 (36) something Structu~thing constructed located on the ground. .' or erected o~e v ~ ground or attached to (37) Structural alteration: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders or any substantial change in the roof and exterior walls. (38) Yard: A required open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided by this Code. (a) Front Yard: A required open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the front building line and the front of the lot and extending to the side lines of the lot. On a corner lot, the front yard may be measured from either street frontage. (b) Rear yard: A required open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the rear building line and the rear of the lot. (c) Side yard: A required open, unoccupied space on the same lot with a principal building, located between the side building line and the side of the lot extending from the front building line to the rear building line. ARTICLE IV. ESTABLISlIMENT OF DISTRICTS Section 26-1. Zoning Districts. For the purpose of this ordinance,the City of Clermont is divided into seven (7) districts designated as follows: RIA Urban Residential District RI Urban Residential District R2 Medium Density Residential District R3 Residential Professional District Cl Light Commercial District C2 General Commercial/Central Business District Ml Industrial District The boundaries of these districts are hereby established as shown on the map entitled "Official Zoning Map of the City of Clermont, Florida; dated 1970 as amended and certified by the City Clerk". Said map is hereby made a part of this ordinance and shall be on file in the office of the city clerk. Section 26-2. District boundaries on zoning map. Unless otherwise indicated, the district boundary lines are lot lines or the center lines of streets or blocks or such lines extended, the corporate limit line, or a line midway between the main tracks of a railroad. Where zone boundaries are so indicated that they are approximately parallel to, but some distance from the center lines of streets or center lines of highway rights-of-way, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no dimensions are given on the map it should be determined by the use of the scale of the map. .., . . . , All territory which may hereafter be annexed to the City of Clermont shall be automatically classified as being within the R1A District until such classification shall have been changed by an amendment as provided by law. Section 26-3. Use. 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. Sections 26-4 through 26-9. Reserved. ARTICLE V. GENERAL PROVISIONS, Section 26-10. Building Permit. After the date of passage of this ordinance, 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 of said town acting as administrative officer of the regulations contained in this ordinance. Section 26-11. Moving of structures. No structures shall be moved in or into any zone from other locations or other lots unless they are in good condition and comply in all respects with the regulations of the zone into which moved. Section 26-12. Public street frontag~. No building shall be erected on a lot which does not have unrestricted access to a public street. Section 26-13. Limitation on number of principal buildings on lots in residential areas. Except as hereinafter provided, only one principal residential building except for multi-family buildings, and Planned Unit Developments, may hereafter be erected on any lot, More than one principal residential building may be placed on a lot if subdivided and meets all of the zoning regulations. Section 26-14. Lot size. No parcel, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this ordinance shall be reduced in size so that lot width or size of yards or lot area per family or any other requirements of this ordinance is not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose. Flag-shaped lots are prohibited. , .. .. , Commercial or industrial parkin~ lots, loading platforms and storage areas must also contain buffer strips to hide the view of such uses from public streets or any property abutting zoning districts other "than C-1, C-2, or M-l. Such buffer strips must follow the guidelines set forth in the City Landscaping Ordinance. Section 26-19. Types of fences and walls permitted. All fences and walls constructed shall comply with the type of construction and materials required by the local building codes. The "following types of fences and walls may be erected: (1) Rot and termite-resistive wood. (2) Wood which has been chemically pressure-treated to resist rot and termites. (3) Norcorrosive metal or galvanized wire fabric of eleven (11) gauge mounted on steel posts. (4) Ornamental iron, concrete or masonry. Section 26-20. 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 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. Section 26-21. Restrictions on erection of fences and hedges. (a) All walls and fences located, erected, constructed, reconstructed, or altered outside of the building lines of all property in the city shall not be more than four (4) feet in height from the front building line ,to the front lot line and not more than six (6) feet from the front building line to the rear easement or property line, except no walls or fences shall be permitted within the area formed by the property lines of intersecting streets for a distance of thirty (30) feet from their intersection with one another at a height greater than three (3) feet. (b) The Building Official shall deny a permit for the construction of any fence that he "determines would be a visibility obstruction, would impede fire protection or police protection, or would seriously inhibit the free flow of air and light. (c) Other fences or walls erected in business, commercial and industrial districts as shown in the current zoning districts map and as permitted under the building code, shall be constructed of noncombustible, noncorrosive material and shall be no higher than six (6) feet plus up to twenty-four (24) inches of barbed wire for security. Section 26-22. Required for unsi~htly occupancies; approval of plans. Unsightly occupancies such as, but not limited to junk yards, repair yards, outdoor storage, shall be entirely surroundpd by a substantial continuous masonry fence or similarly permanent construction 'proved by the Building Official. Such -::-:- '" e. . I . Section 26-15. Yards. (1) Structures constructed at grade which are unroofed and unenclosed, such as patios, sidewalks, air conditioner pads, and driveways, may be located in the rear yard but no part of such structure shall he closer to the property line than a distance equal to the required side yard setback. (2) , An open, unroofed and unenclosed porch or terrace may project into a required front yard for a distance not exceeding ten (10) feet. (3) Architectural features such as eaves, awnings, belt courses, chimneys, buttresses, cornices and sills may project into required yards no more than thirty-six (36) inches. (4) A single utility building of one hundred (100) square feet or less and no more than seven (7) feet in height, may be located in the rear yard at least thirty (30) inches from the property lines. (5) Customary yard accessories that do not constitute a substantial impediment to vision or to the free flow of light and air across the yard, including decorative walls, retaining walls and yard ornaments, are exempt from yard requirements. (6) Swimming pools may be located in the rear yard but no part of a swimming pool shall be closer to the property line than a distance equal to the required side yard setback. Section 26-16. 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. (3) Roof projections (eaves) shall not exceed thirty-six (36) inches into minimum' yards. No part of a yard or other open space or the off-street parking or loading space required about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of the yard or off-street parking or loading space required for another building. Section 26-17. Height limits. The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; nor to monuments, water towers, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles, radio or television towers or aerials. Section 26-18. Buffer strips. Whenever a commercial or industrial use abuts a residential use, the commercial use or industrial property shall provide an appropriate buffer strip between the two (2) uses. "" .Je .. , (6) Exception: The parking requirements of this section do not apply to existing buildings unless structurally altered. (7) Other uses: Uses which are not specifically mentioned shall provide adequate parking space as determined by the City Council. Section 26-24. Off-street loading and unloading space. On every lot on which a business, trade or industry use is hereinafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public street or alley. (1) Retail business: One space of at least 10 by 50 feet for each 10,OOO square feet of floor area or part thereof. (2) mtolesale and industrial: One space of at least 10 by 50 feet for each 10,000 square feet of floor area or part thereof. (3) Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks that will be stored and loading or unloading at the terminal at anyone time. 9a " ~ fence or wall sha.!structed and maintaine~qUf!ient height, but not less than six (6) feet, to screen the unsightly occupancy. It shall be of similar com- position, construction and color throughout and shall be constructed without openings except for entrances and exits, such entrances and exits to be equipped with un- pierced 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 Official who sball determine whether or not 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. Section 26-23. Off-street automobile parking. Off-street automobile parking space shall be provided on every lot, and the number of automobile parking spaces provided shall be at least as great as the number specified for various uses. Each space shall be at least three hundred (300) square feet in- cluding ingress and egress and shall have vehicular access to a public street. All parking spaces shall be located within the property lines of " the area served and shall be of a hard surface. Grassed or impervious parking areas may be approved by the City Council. The location of driveways on corner lots are subject to the approval of the Building Official. (1) Single and two-family dwellings must choose one of the following three options to meet the minimum requirements of two off-street parking spaces: (a) Two car garage or carport. (b) Single car garage or carport, with a second off-street parking space in the driveway. (c) A single width driveway that extends at least twenty (20) feet past the building setback line, or a double width driveway. (2) A garage or carport cannot be enclosed without compliance with one of the above three options. (3) Parking may be located in the side yard only where the side yard abuts a street. (4) Three-family, multiple-family, and commercial parking must be located within the property lines of the area served. Where possible, turning space shall be provided so that no vehicle will be required to back into the street. (5) Extension of parking space into a residential district. Required parking space may extend into a residential zoning district, provided that tbe parking space: (1) adjoins a commercial or industrial district; (2) has its only access to, or fronts upon, the same streets as the property in the cOlIDDerc1al or industrial district for which it provides the required parking space; and (3) is separated from abutting properties in the residen- tial district by a buffer strip; (4) the above provisIons shall also apply to properties in which a Conditional Use Permit is granted. 9 · .~ , " Section 26-25. Home Occupations Home occupations as herein defined may be conducted in any dwelling or building accessory thereto, subject to the following conditions: (1) Home occupations shall be limited to uses found by the City Manager to comply with the following requirements: (a) No use of material or mechanical " equipment which creates any unreasonably loud, disturbing and unnecessary noise, sound, vibration, smell or effect which can be heard, felt or otherwise sensed upon adjoining property or other public right-of-way shall be allowed; (b) No commodities shall be advertised, stored or kept outside; (c) No commodities shall be sold On the premises; (d) No signs or structure shall be allowed other than those no rmallY permitted in the zone; (e) The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located; (f) No outdoor storage of materials, supplies or conmlercial vehicles visible from the public street or adjacent property shall be allowed in connection with the home occupation beyond that normal to the residential character of the zone; (g) The appearance 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. (2) An Occupational License may be terminated if the City lIanager makes any of the following findings: (a) That any condition of the license has been violated; (b) That the use has become detrimental to the public health or that traffic constitutes a nuisance; (c) That the license was obtained by misrepresentation or fraud; (d) That the use far which the license was granted has ceased for six (6) consecutive months or more; (e) That the condition of the premises, or of the area of which it is a part, has changed so that the use is no longer justified" under the meaning and intent of this section. Any determination of the City Manager under the provisions of this section, after review by the planning and zoning conunission, may be appealed to the City Council which shall make a conclusive finding. 10 ~"f, .. . '~ I (3) An Occupational License granted for a home occupation shall not be transferred, assigned or used by any other person, other than the one for which the license is granted. Section 26-26. Mobile home park. Mobile home parks may be located in zones allowing them as a conditional use provided: (1) That such trailer park have its entrance or entrances upon a major street. (2) That at least three thousand square feet of lot area be provided for each trailer location. (3) That for each trailer location there be off-street parking space provided for one automobile. Parking spaces for visitors or recreational vehicles must also be provided. (4) That interior streets within such trailer park have a paved width : of no less than twenty (20) feet exclusive of any parking space provided along such interior street. (5) That there be a minimum setback line of twenty (20) feet from the center tine of interior streets. (6) That there be a minimum building setback line of fifty (50) feet from Highways 27 or 50. and twenty-five (25) feet from other streets. (7) Setbacks from lot line shall be five (5) feet minimum (except in case of corner lots, in which case the setback shall be seven and one half (7~) feet on the side street; Rear, five (5) feet minimum. (8) That there be a buffer strip along the rear and side property lines of such trailer park except where such property lines are common to street rights-of-way. (9) That all plans are reviewed and approved by the,Planning Commission and city council. Section 26-27. Site plans; required data; site-check fee. (A) Where site plans are called for, the following shall be furnished: (1) The plot plan shall be drawn to scale on a twenty-four (24) inch by thirty-six (36) inch sheet. Copies shall be furnished in quantity as determined by the Building Official. (2) Name, address and telephone number. (3) Dimensions and location of all existing and proposed buildings, signs, driveways, off-street parking areas, loading and unloading, highways, watercourses and other topographic features of the site. (4) Architectural plans and specifications for all proposed buildings, signs, exterior walls and fences. 11 . . '1 ' :"' (5) A description of the proposed operation in sufficient detail to set forth its nature and extent. (6) Plans or reports describing method of handling any traffic condition created by the proposed use. (7) Plans or reports showing proposed treatment and disposal of sewage and waste; treatment of glare, handling of hazardous gases, liquids and other materials. (8) Approval by the Lake County Pollution Control Board and the Florida St'ate Pollution Control Board of any plans, devices or facilities for the control of any pollutants which may be gen!!rated. (9) Topographical map showing provisions for drainage, compliance with flood control regulations if applicable, and specifications for paving of streets, parking area and walks, provisions for parallel service road. (0) Landscape architectural plans. (11) Complete legal description of property involved (preferably an up-to-date survey. or from a deed or tax receipt which accurately describes said property). (B) A site-check fee in the amount of twenty-five dollars ($25.00) per acre or any part thereof, up to a maximum of two hundred and fifty dollars ($250.00), shall be paid at the time of requesting a permit and filing of site plans, where called for under these regulations. In the event of denial of building permit based on the site plans submitted to the Building Official, this fee shall be applied against the fee for filing of an application for a Conditional Use Permit. In the event the project is developed in stages, a site-check fee as established herein shall be required at each stage of development. (C) The City Manager shall deny site plan approval if any of the following conditions are found: (1) That all required permits and approvals from governmental agencies have not been granted. (2) That architectural plans, including landscape plans, are insufficient or not in conformance with requirements of city regulations or other applicable governmental regulations. (3) That the plan would cause detrimental traffic conditions. (4) That the proposed drainage system is inadequate or would be detrimental to the public. (5) That the proposed use would be a nuisance to the public or to nearby property owners. (D) Denial of site plan approval shall cause the proposed Use to be considered as a conditional use under the provisions of Article ~ of this Code, except that no filing fee shall be required. 12 """ . . , Section 26-28. Open 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. (a) Permit: Any person desiring an open air sales permit shall submit a letter in writing to the City Manager setting forth the name and address of the applicant, description of renl estate, number of days for which a permit is desired, and the operation to be carried out under this permit . (b) Revocation: Any open air sales permit issued hereunder may be revoked by the City Council for any violation of the ordinances of the City of Clermont. (c) Exceptions: Open storage for the sale of automobiles, farm implements, trailers, boats, and gasoline are exempt from the provisions of this section, but all such open storage is prohibited on City rights-of-way. ARTICLE VI. PLANNED UNIT DEVELOPMENTS (A) Intent: 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. Suitsbility of such tracts for the plans and development proposed for the Pun shall be determined by the City Council upon reference to the comprehensive plan, applicable development plans which have been adopted, and the existing and prospective character of the surrounding development. Regulations for such unifi~d planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or greater degree as in instances in which regulations are intended to control development on a lot-by-Iot rather than a unified basis, to promote economical and efficient land use, and improved level of amenities, appropriate and harmonious variety in physical development, creative design, and a better urban environment. Flexibility in the arrangement of structures, open space, and the pedestrian and vehicular circulation pattern is permitted in order to encourage the best utilization of the land on which the development is being constructed. In view of the substantial public advantages of ~lanned Unit ~evelopments, it is the intent of this section to promote and encourage development in this form where appropriate in location and character. (B) Definition of "Planned \hit Development". For the purposes of this ordinance, a "~lanned Unit Development" is: (1) Land under unified control for development purposes, planned and developed as a whole, in a single development operation or a programmed series of development operations, including lands, buildings, structures, and densities. 13 . . , (2) According to comprehensive and det~iled plans satisfactory to the City Council, which may include plans detailing streets, utilities, lot or building sites, landscaping, and the like, and also site plans, floor plans and elevations for all buildings as intended to be lo~ated, constructed, used and related to each other, and detailed for other uses and improvements on the land as related to the buildings. (3) With approval by the City Council as to: (a) Concept, uses, density, location, open space relating to comprehensive and detailed plans. (b) Streets, utilities, lot or building sites, site plans, open space area and elevations for all buildings as intended to be located, constructed, used in relating to each other, and detailed plans for other uses and improvements on the land as related to the buildings. (c) 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) Planned Unit Development; where permitted: (1) 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 section. 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. (2) The location of the ~lanned 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. (D) Standards for PUD'S: In reaching recommendations and decisions on the granting of a Conditional Use Bermit, the following standards shall be used: (1) Location. (a) Relation to major transportation facilities. The criteria to be considered for location of "a PUD ~s" i~s location with respect to local streets, collector streets, minor arterials or cajor arterials, other transportation facilities, or the creation hereof, so as to provide direct access to such districtR therehy minimizing the creation. or generation of traffic along local r, "'" . . f and collector streets in residential neighborhoods or other districts outside the PUD. (b) Relation to public utilities, facilities and services. The criteria to be considered in the location of PUD in relation to sanitary sewers, water lines, storm and surface drainage systems and other utilities, systems and installations is such infor- mation 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 a8 to have access to such facilities in the same degree as would development permitted under existing zoning, and shall be so located, designed and scaled that access for public services is equivalent to, and 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 criteria is the applicant's agreement to: (1) provide adequate and appropriate facilities, utilities or services approved by the City Council to meet the 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 public 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 applicants. Final determination of these matters shall be made by the City Council. (c) Physical character of the site, relation to surrounding property. 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, building and structures, parking areas, recreation areas, open space and drainage facilities. Buildings snd recreation areas should be situated to take full advantage of natural air flow, sun angle and views. (2) Minimum area. It is the intent of this section to encourage the assembly of land into larger parcels in order to achieve a better urban environment. To qualify for a Planned Unit Ðeve10pment application, a tract of land shall possess not less than three (3) acres. Applications for aress of less than three (3) acres may be submitted for approval, where the area is uniquely distinguished from the surrounding area. The approval of an application for an area less than three (3) acres shall be based on the area's uniqueness and suitability for a ~lanr"d Unit Development by virtue of its historical · .' ~ character, topography, eco]ngical,"natural or other unusual features. (3) Uses, density, open space, living area per family and other regulations. Within a ~lanned Unit Development, any principal and accessory use, density, open space, living area per family and other regulations is 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, 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: (a) Private renewal and redevelopment that creates a better urban environment through the assembly of land; (b) Providing of public usable 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, ecpecially lake front and riverfront; (e) Preservation of historical structures and/or areas; (£) Provisions of parks or other landscaping which will enhance the environment; and (g) Other public benefits. (E) Procedures for securing approval of a Planned Unit Development. (1) Preapplication procedure (optional). (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 heavy 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 its requirements. (b) The "pre-application 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 he makes formal application. No statement or representation made prior to the official review shall be binding on the Planning and Zoning Commission or the City Council. 16 "" . . ~ (c) The developer should prepare or have prepared a sketch plan showing the boundaries or the property to be developed. He should also have any physical information readily available. The sketch plan need not be any particular scale or drawn on any special material or meeting any other specifications. (2) Application for PUD. An applicant applying for PUD shall submit an application for a Conditional Use Permit in accordance with the provisions of Article IX of this ordinance. 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 and beneficial interest in the tract of land and the proposed development. (b) A survey of tract to be developed showing existing features of the property including streets, alleys, easements, utility lines, existing land use, general topography and physical features. (c) Site development plans containing: (1) The title on 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. (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 lots and blocks. if any. (9) Locations of different uses proposed by dwelling types, recreational facilities, open space, commercial uses, other permitted uses~ and off-street parking. (10) A statement of anticipated residential density or other commercial or industrial uses (when applicable, the proposed total grass floor area, and the percentages of the development to be occupied by structures.) (11) Lake County Pollution Control Board approval as to drain,age. (12) Preliminary drawings of proposed structures and landscaping. (d) When a ?lanned Unit Development is to be constructed in stages, a schedule of development shall be submitted. No such stage shall .7 ''''~''_'''''.'''''''''''·I.t , ·..j"'"............'1 "' . . have residential density lIoat exceeds the proposed density of the entire planned Unit IJevelopment. When a Planned Unit Development provides for common open space at any stage of development, it shall at a minimum bear the same relationship to the total op"n spac" to h" provid"d in the entire development. f (e) When it d"ems nece""wry: (1) The Planning and Zoning Commission or the City Council may require a traffic surv"y setting out and analyzing the effect that the PUD will have on traffic in the streets adjacent to and in the vicinity of the proposed Planned Unit Development. (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 nonpublic areas and facilities for the common use of occupants of the PUD, but not in individual ownership of such occupants, HhaLl be maintained in HatiHfactory manner without expense to the taxpayers of the City of Clermont. Such may be provided by the incorporation of an automatic member- ship home association for the purpose of continuously holding title to such nonpublic areas and facilities, and levying aHHeH"ments against each individual ownl'r, wlwther 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 and landscaped areas. Such assessments shall be a lien superior to all others including, but not limited to, mortgage liens, save and except tax li"ns. Other methods may be acceptable, if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the taxpayers of the City of Clermont. The instrument incorporating such pro- visions 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" for a PUD by the City Council, recorded in the puhlic records of Lake County, Florida. (g) Copies of any restrictive covenants that are to be recorded with respect to property included in the pun () Action on preliminary development plan. After receiving the application, the administrative official (City Manag"r or his designated representative) shall 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 infor~~tion necessary to make essential findings. In the course of the conferences, any agreements or disa¡;reements between the administrative official and the applicant shall be recorded in writing and shall become a part of the record. (4) Platting requirements. If it 1." determIned by the City Council that the lands encompassed by the PUD must be platted or replatted, this " . . , must be done in accordance with the procedures and regulations set forth by ~he Codes and Ordinances of the City of Clermont. (5) Administrative official's findings. Within thirty (30) days after receiving the application, the administrative official shall recommend: (a) Approval of·the application as submitted. (b) Approval with modifications. (c) Disapproval of the proposal., The recommendations of the administrative official,sha11 include findlings of fact and shall set forth the reasons for the recommendation in specific, including but not limited to findings of fact and con- clusions on the following: (a) As to the suitability of the tract for the proposed PUD in terms of its relation to the Comprehensive ~lan or other officially adopted plans, physical characteristics of the tract, and its relation to the surrounding area and existing and probable future development. (b) As to the standards as set out in Article VI (D). (c) As to (1) its conformity with applicable zoning or other regulations, or (2) the extent to which the PUD departs from zoning and other regulations otherwise applicable to the subject property, including but not limited to density, use, open space, living area per family, and the reasons why such modifications are necessary or justified in the particular case by demonstration' that the public purpose of the PUD would be met to at least an. equivalent or greater degree by such modification. (d) As the adequacy of evidence on unified control and agreement, or other instruments. (e) As to the nature and extent of the common open space in the PUD, the reliability of the proposals for maintenance and conservation of the open space, and the adequacy or inadequacy of the amount and function of open space in terms of densities, dwelling types and total gross floor area. (f) As to the case of a PUD which proposed development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the PUD which finding shall be made after consultation with the City Attorney. (g) As to its conformity with all applicable provisions of this section. . . , '\ (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 an such plan, the Planning and Zoning Commission shall prepare and transmit to the City Council, specific findings of fact together with its recommendations. The Planning and Zoning Commission may recommend approval of the PUD as proposed, approval conditioned on stated modifications, or disapproval. (7) Action by the City 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 ~lanning 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 ?ermit is granted, the area of land involved shall be designated as a Conditional Use Blanned Unit Development by resolution, and such resolution shall include any condition or restriction that may be imposed by the Gity Council. A performance bond (or bonds) may be required by the City Council to assure that no ecological damage is done to surrounding properties or waters; and to assure the restoration of the subject land to a state that would permit no ecological damage in the event the project shall fail, be abandoned or work stopped for any reason for a period of more than eighteen (18) 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 plan as approved together with the con- ditions and restrictions imposed shall constitute the Conditional Use Permit and PUD zoning on the land, and no building permit 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 upon 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 the City Council that: 20 ~ . . , (a) Revised time limits be set; or (b) That the grant of conditional use be cancelled. Recommendation under (a) shall include proposals for appropriate action in respect to any legal instruments involved in the case. (10) Building permits. 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 building permits, complete building plans shall be submitted to the Building Official 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 the Lake County Pollution Control Board prior to construction. (F) 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 I " successors in 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. Changes other than those indicated above shsll be made only by a new petition for PUD. (G) Conflicts. After public hearing and upon the findinr." 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 section and other provisions of this zoning ordinance, the provisions of this section shall apply. ARTICLE VII. VARIANCES (1) Filing of petition; information required. Whenever anyone who is an owner of or has any legal interest in property affected by this zoning code shall desire a variance, he shall file a petition at the office of the City Clerk setting forth the following information. (a) The petitioner's full name and mailing address. (b) The legal description of the property involved. (c) A plat plan (schematic drawing) of the property involved showing the location, existing buildings or structures and the location of proposed buildings or structures. (d) A floor plan of any "proposed extension or addition. (e) The purpose for which the property will be used. (f) A concise statement as to why the present regulations create a hardship to the petitioners. 21 . . ;1 '\ (2) Filing fee; notice; heàring; notification of property affected. When a petition containing the aforesaid information is filed with the City Clerk, along with a filing fee of twenty-five dollars ($25.00) for a Variance request, the Clerk shall forthwith cause notice of the same to be published as a Legal Notice in a local newspaper, 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 Zoning Board of Adjustment if said meeting is five (5) or more days forthcoming otherwise, the matter shall be advertised and set far hearing at the following regular meeting wherein five (5) days notice could be given. All property owners abutting the affected property shall be individually notified by official letter from the City, stating the conditions of the proposed Variance. (3) Completion of construction; notice "f commencement of construction. When any Variance is granted construction of the structure 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 City Clerk that he has begun the proposed construction. If no such notice is filed the variance shall automatically lapse. (4) Transfer of Variance. A Variance in the zoning regulations may be transferred along with the transfer of the property ownership but only for the specific use and floor plan originally granted. (5) Filing of notice of commencement of construction for Variances granted prior to enactment of provisions. Notice of commencement of the construction requested in all Variances granted by this Council prior to the date of the enactment of this ordinance must be filed with the C1 ty Clerk within one year of the date of enactment of this 'ordinance. ARTICLE VIII. BOARD OF ZONING ADJUSTMENT Section 26-29. Establishment. A Board of Zoning Adjustment is hereby established. This Board may consist of the City Councilor the City Council may appoint five members serving staggered terms of one to three (3) years. A Variance used in connection with the provisions of this ordinance means a modification of the zoning ordinance 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 enforce- ment of the ordinance would result in unnecessary and undue hardship. The Board of Apjustment shall not grant use variances or use exceptions. In granting any Variance, the Board of Adjustment may prescribe appropriate conditions and safeguards. Any violations of such conditions or safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this ordinance. Section 26-30. Proceedings, powers and appeals. The Board of Zoning Adjustment shall operate according to the provisions of section 8 (Section 63) Article VIII of the City of Clermont Charter. ~, . . " ARTICLE IX. CONDITIONAL USE PERMITS (A) Intent: Conditional Uses (also known as special exceptions) as used in connection with the provisions of this ordinance means a use that would not be appropriate generally without restriction throughout the particular zoning district or classification, but which, if controlled 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. (8) (1) Any person requesting a Conditional Use Permit, except a planned unit development, shall file an app1iation and pay a fee of twenty-five dollars ($25.00) per acre or any part thereof, with a maximum fee of two hundred fifty dollars ($250.00). (2) Any person reqùesting a Conditional Use Permit for a Planned Unit Development shall file an application and pay a fee of seventy-five dollars ($75.00) per acre or any part thereof, with a maximum fee of seven hundred fifty dollars ($750.00) (C) The Planning and Zoning Commission may recommend and the city council may by resolution, grant a Conditional Use Permit if it is found, from the evidence presented at public hearing, that: The proposed use is desirable at the particular location; that such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; that the proposed use will comply with the regulations and conditions specified in the codes for such use; and that the granting of the Conditional Use will not adversely affect the officially adopted Comprehensive Plan of the city. (D) In granting such Conditional Use Permit, the City Council may impose such conditions as it deems necessary and desirable to protect the public health, safety or general welfare in accordance with the purpose and intent of the zoning ordinance. (E) In granting or denying a Conditional Use Permit, the Planning and Zoning commission shall make a written finding which shall specify facts relied upon by said Planning and Zoning Commission in rendering its decision and in attaching con- ditions and safeguards, and shall fully set forth wherein the facts and circumstances fù1fill or fail to fulfill the requirements of this subsection. (F) A copy of this written finding of facts shall be filed with the City Clerk and in the office of the City Manager. I (G) The decision of the City Council shall be final. (H) The effectiveness of the Conditional Use ?ermit is expressly conditional upon, and said Conditional Use ~ermit shall not become effective for any reason unless and until the following events have occurred: (1) Permittees shall have agreed to each and every condition by properly executing and stgning the Conditional Use ~ermit. ",. . e' ~ '\ (2) Such Conditional Use Permit executed as indicated shall have been filed in the office of the City Clerk within three (3) months of its approval by the City Council. Upon expiration of this period, the permit shall become null and void and the permittee or permittees must apply for rehearing. (3) In the event of failure of the permittee to fulfill development in substantial accordance with the plans as submitted to the ?lanning and Zoning Commission and the City Council; comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon; or violate 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. (I) The application shall be filed in the office of the City Clerk on or before ten (10) days prior to a scheduled meeting of the planning and Zoning Commission and shall be duly advertised for public hearing and scheduled for such hearing for the next Planning and Zoning Commission Meeting and City Council Meeting. The recommendations of the ?lanning and Zoning Commission shall be forwarded to the city council for its consideration at the next meeting. (J) Applications which have been denied without prejudice may be refiled after a period of three (3) months. Other application may not be refiled until after a period of one (1) year. (K) All property owners abutting the affected property shall be notified by official letter from the city, stating the nature of the application. (L) The applicant shall furnish the following information to accompany the application: (1) The name, address and telephone number of the applicant and owner of the property" (2) A plot plan showing the dimensions and location of all existing and proposed buildings, signs, driveways, off-street parking areas, loading and unloading, highways, watercourses and other topographic features of the site. (3) A description of the proposed operation in sufficient detail to set forth its nature and extent. (4) Plans or reports describing method of handling any traffic con- dition created by the proposed use. (5) Landscape architectural plans. (6) Complete legal description of property involved, includin~ a survey. \ . . ARTICLE X. ADMINISTRATION. ENFORCEMENT PENALTIES AND REMEDIES f Section 26-31. Zoning Administrative Officer. It shall be the duty of the Building Inspector and he is hereby given the authority to administer and enforce the provisions of this ordinance. Section 26-32. Building permit required. No building or other structure shall be located, erected, moved, added to, or structurally altered without a building permit issued by the Building Inspector. No Building fermit shall be issued except in conformity with the provisions of th is ordinance. Section 26-33. Application for Building Permit. All applications for Building Permits shall be accompanied by plans in duplicate, 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 the 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 ordinance. Section 26-34. Construction progress. If no substantial construction progress has been made within six (6) months of the date of the issuance of the building permit, the permit becomes invalid. Section 26-35. Certificate of Occupancy. A Certificate of Occupancy issued by the Building Inspector is required in advance of the use or occupancy of: (1) Any lot or a change in the 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 ordinance or exceptions granted by the Board of Zoning Adjustment. 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 said 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 Inspector and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved. Section 26-36. Penalties for violation. Any person violating any provi~ion of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined not less than twenty-five dollars '>. ., . (~F . --- ~ ($25.00) nor more than one hundred dollars ($100.00) for each offense. Each day such violation continues shall constitute a separate offense. Section 26-37. Remedies. 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 ordinance, the Building Inspector or other appropriate authority or any adjacent or other property o~er 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. ARTICLE XI. EXCEPTIONS AND MODIFICATIONS Section 26-38. 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 ordinance. did not have sufficient contiguous land to enable him to conform to the minimum lot size requirements of this ordinance, 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. Section 26-39. Front yard setback for dwellings. If dwellings on each side of and within one hundred (100) feet of a lot are forward of the front yard setback established by this ordinance, the minimum front yard setback on the lot shall be the average setback of the adjacent dwellings. Section 26-40. Continuance of nonconforming uses. The lawful use of any building or structure or land existing at the time of the enactment of this ordinance may be continued even though such use does not conform with the provisions of this ordinance except that· the nonconforming structure or use shall not be: (1) Changed to another nonconforming use; (2) Re-established after discontinuance for one year; (3) Expanded except in conformity with this ordinance; (4) Rebuilt, altered, or repaired after damage exceeding fifty per cent (50%) of its replacement cost at the time of destruction, except in conformity with this ordinance. After consideration by the Planning and Zoning Commission and approval by the City Council, any building which is classified as nonconforming may be granted a special exception for the reconstruction, enlargement or expansion when it is determined 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 special exception would create an unccs,;ary hardshI' on the owner of the nonconformIng residential IIse. *1 ·,t of rp, 'rd '.. of SpptP",pr 10, 1968. "'" '-- . . , ARTICLE XII. MIENDHENTS Section 26-41. Amendments to zoning regulations and district boundaries. (A) Amendments to zoning ordinance. The zoning regulations may be amended pursuant to State Law and shall adhere to the following provisions: (1) Commission action. Amendments to these regulations shall be proposed by the Planning and Zoning Commission or shall be submitted for approval, disapproval, or suggestions of the Planning and Zoning COmmission before being enacted. Regardless of the source of the proposed change, the Planning and Zoning COmmission shall hold a public hearing with due public notice. (2) Council action. The City Council may adopt amendments to these regulations, providing that it shall hold a public hearing thereon, with due public notice. (3) Due Public Notice. Due ¥ublic Notice shall mean a publication of the time, place, and purpose of such hearing at least twice in a newspaper of general circulation in the area, with the first publication to be at least fifteen days (15) prior to the date of the hearing and the second such publication to be at least five (5) days prior to the hearing. (4) Failure of passage. No amendment, failing of passage at its first proposal, shall be resubmitted in the same 12-month period. (B) Amendments to district boundaries. The district boundaries may be amended pursuant to Florida State Law. Any person desiring a change or amendment to the district boundaries shall submit the same, in writing, giving the following information: (1) Legal description of property (as shown on an up-to-date survey, deed or' tax receipt). (2) General property location (which would enable anyone reasonably acquainted with the city to pinpoint it exactly). (3) A plot plan on a sheet of paper at least 8':1" x 11" in size, drawn to scale and including the following information: (a) Name, address and telephone number of the applicant. (b) North arrow, date and scale. (c) Property lines, existing structures, proposed structures and contiguous streets. (d) A short description of proposed structural usage. , r. . " . (4) Approximate acreage (estimate number of acres in property as well as estimate of physical features - 1/3 swamp, 1/2 groves, etc.) (5) Present zoning. (6) (7) Requested action. Names and mailing addresses of abutting property owners (owners of any property lying within 150 feet of the outside perimeter of the property being considered under the application, including across any street or road). (8) (9) Applicant's signature, if different from owner of record. Owner's signature (owner of record) unless a power of attorncy or letter authorizing the applicant to act as the duly authorized agent for the owner is submitted with the application. (C) A filing fee, which is not refundable, shall be paid at the time of filing. (D) Applicationstwhich have been denied without prejudice may be refiled after three (3) months. Other applications may not be refiled for a period of one (1) year. ARTICLE XIII. LEGAL STATUS PROVISIONS Section 26-42. Conflict with other laws. Whenever the regulations of this ordinance require a greater width or size of yards, or require a lower height of buildings or smallér number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statues. the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restriction standards than are required by this ordinance, the provisions of such statute shall govern. Section 26-43. Separability. Should any section or provision of this ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Section 26-44. Repeal of conflicting ordinances. All ordinance and parts of ordinances in conflict herewith are repealed. Section 26-45. Effective date. This ordinance shall be posted as required by law and shall take effect and be in force from and after thirty (30) days of its adoption. - 28 -