Ordinance No. 2022-001CAE&W CITY OF CLERMONT
�1 ORDINANCE NO.2022-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT,
FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II,
FLORIDA STATUTES BY ESTABLISHING CHAPTER XIV
PROPERTY RIGHTS ELEMENT OF THE COMPREHENSIVE
PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF
THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH
THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN
AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE
COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR
CONFLICT, SEVERABILITY, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND
AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the
City of Clermont on August 13, 1991, in accordance with the Local Government Planning
and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes;
and
WHEREAS, the Comprehensive Plan of the City of Clermont may be amended
pursuant to Florida Statutes 163.3187; and
WHEREAS, the Planning and Zoning Commission, acting as the Local Planning
Agency, held a public hearing and made recommendations to the City Council for
amendments to the plan; and
WHEREAS, the City Council of the City of Clermont held public hearings on the
proposed amendments to the plan in light of written comments, proposals and objections
from the general public;
NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of
the City of Clermont, Florida that:
SECTION 1.
After public hearings held by the City of Clermont Local Planning Agency and the
Clermont City Council, the Property Rights Element is hereby adopted as shown in Exhibit
A.
SECTION 2: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this
Ordinance are hereby repealed.
SECTION 3: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed
from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in
Page 11 of 6
CITY OF CLERMONT
CAE 1 ORDINANCE NO.2022-001
full force and effect as if enacted without the invalidated portion, except in cases where
such continued validity of the remainder would clearly and without doubt contradict or
frustrate the intent of the Ordinance as a whole.
SECTION 4: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered, and/or corrected for typographical
and/or scrivener's errors which do not affect the intent of said resolution, as authorized by
the City Manager or designee, without need of public hearing, by filing a corrected copy
of same with the City Clerk.
SECTION 5: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall
take effect after a period of thirty days plus one following its Second Reading and Final
Passage.
Page 12 of 6
CLEW CITY OF CLERMONT
ChoioeofChwpbrW ORDINANCE NO.2022-001
ORDAINED AND ADOPTED by the City Council of the City of Clermont, Lake
County, Florida, this 8' day of February, 2022.
tea' ttt—
Tim Murry, N44yor
ST:
Tracy Ackroyd H e, MMC
City Clerk
TO FORM AND LEGALITY:
F. Mantzaris, City Attorney
Page 13 of 6
Exhibit A
ALE
-NEEM
Choice of Champions
CITY OF CLERMONT
COMPREHENSIVE PLAN
CHAPTER XN
PROPERTY RIGHTS ELEMENT
Adopted February 8, 2022
T
Page 14 of 6
THIS PAGE INTENTIONALLY LEFT BLANK
Page 15 of 6
CITY OF CLERMONT COMPREHENSIVE PLAN
CHAPTERXIV
PROPERTY RIGHTS
PROPERTY RIGHTS
GOAL 1: The City shall respect judicially acknowledged and constitutionally protected
private property rights and ensure that private property rights are considered in local
decision making.
Objective 1: Consideration of Property Rights. The City of Clermont shall ensure that property rights
are considered in the decision -making process.
Policy 1.1: The right of a property owner to physically possess and control his or her interests in
the property, including easements, leases, or mineral rights will be considered in the decision -
making process.
Policy 1.2: The right of a property owner to use, maintain, develop, and improve his or her property
for personal use or for the use of any other person, subject to state law and local ordinances, will
be considered in the decision -making process.
Policy 1.3: The right of the property owner to privacy and to exclude others from the property to
protect the owner's possessions and property will be considered in the decision -making process.
Policy 1.4: The right of a property owner to dispose of his or her property through sale or gift will
be considered in the decision -making process.
Ordinance No. 2022-001
Page 16 of 6
XIV-1
Adopted February 8, 2022
ALEi CITY OF CLERMONT
ORDINANCE N0.2022-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT,
FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II,
FLORIDA STATUTES BY ESTABLISHING CHAPTER XIV
PROPERTY RIGHTS ELEMENT OF THE COMPREHENSIVE
PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF
THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH
THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN
AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE
COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR
CONFLICT, SEVERABILITY, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND
AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the
City of Clermont on August 13, 1991, in accordance with the Local Government Planning
and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes;
and
WHEREAS, the Comprehensive Plan of the City of Clermont may be amended
pursuant to Florida Statutes 163.3187; and
WHEREAS, the Planning and Zoning Commission, acting as the Local Planning
Agency, held a public hearing and made recommendations to the City Council for
amendments to the plan; and
WHEREAS, the City Council of the City of Clermont held public hearings on the
proposed amendments to the plan in light of written comments, proposals and objections
from the general public;
NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of
the City of Clermont, Florida that:
SECTION 1.
After public hearings held by the City of Clermont Local Planning Agency and the
Clermont City Council, the Property Rights Element is hereby adopted as shown in Exhibit
A.
SECTION 2: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this
Ordinance are hereby repealed.
SECTION 3: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed
from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in
Page I 1 of 6
CITY OF CLERMONT
C4E ORDINANCE NO.2022-001
full force and effect as if enacted without the invalidated portion, except in cases where
such continued validity of the remainder would clearly and without doubt contradict or
frustrate the intent of the Ordinance as a whole.
SECTION 4: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered, and/or corrected for typographical
and/or scrivener's errors which do not affect the intent of said resolution, as authorized by
the City Manager or designee, without need of public hearing, by filing a corrected copy
of same with the City Clerk.
SECTION 5: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall
take effect after a period of thirty days plus one following its Second Reading and Final
Passage.
Page 12 of 6
d�
CITY OF CLERMONT
CLE dam. - ORDINANCE NO.2022-001
ORDAINED AND ADOPTED by the City Council of the City of Clermont, Lake
County, Florida, this 8t' day of February, 2022.
Tim Murry, yor
City Clerk
TO FORM AND LEGALITY:
F. Mantzaris, City Attorney
Page 13 of 6
Exhibit A
ALE
%..l lulklC V I %l I Idl
NT
l pivi 1zi
CITY OF CLERMONT
COMPREHENSIVE PLAN
CHAPTER XIV
PROPERTY RIGHTS ELEMENT
Adopted February 8, 2022
Page 14 of 6
THIS PAGE INTENTIONALLY LEFT BLANK
Page 15 of 6
CITY OF CLERMONT COMPREHENSIVE PLAN
CHAPTER XIV
PROPERTY RIGHTS
PROPERTY RIGHTS
GOAL 1: The City shall respect judicially acknowledged and constitutionally protected
private property rights and ensure that private property rights are considered in local
decision making.
Objective 1: Consideration of Property Rights. The City of Clermont shall ensure that property rights
are considered in the decision -making process.
Policy 1.1: The right of a property owner to physically possess and control his or her interests in
the property, including easements, leases, or mineral rights will be considered in the decision -
making process.
Policy 1.2: The right of a property owner to use, maintain, develop, and improve his or her property
for personal use or for the use of any other person, subject to state law and local ordinances, will
be considered in the decision -making process.
Policy 1.3: The right of the property owner to privacy and to exclude others from the property to
protect the owner's possessions and property will be considered in the decision -making process.
Policy 1.4: The right of a property owner to dispose of his or her property through sale or gift will
be considered in the decision -making process.
Ordinance No. 2022-001
Adopted February 8, 2022
Page 16 of 6
XIV-1