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Ordinance No. 2023-013d' . CLER%NT CITY OF CLERMONT — ORDINANCE NO.2023-013 AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ENACTING A RECODIFIED CODE OF ORDINANCES FOR THE CITY OF CLERMONT; REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY PERTAINING TO SUBJECTS EMBRACED IN SAID CODE; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, certain existing general ordinances of the City of Clermont are obsolete or superseded by law, and the manner of arrangement, classification and indexing of the ordinances within the Code are insufficient to meet the immediate needs of the City, and WHEREAS, the acts of the state legislature of the state of Florida empower and authorize the governing body of the municipality to revise, amend, restate, codify and to compile any existing ordinance or ordinances and all new ordinances not heretofore adopted or published and to incorporate said ordinances into one ordinance in book form, and WHEREAS, the City Council of the City of Clermont has authorized a general compilation, revision, amendment and codification of the ordinances of the City of a general and permanent nature and publication of such ordinances in book form. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Florida, as follows: SECTION 1. The general ordinances of the City of Clermont, consisting of ordinances as herein revised, amended, restated, codified and compiled in book form that has been prepared by Civic Plus formally known as Municipal Code Corporation in 2022, and that is contained in the copy which is attached hereto and incorporated herein by reference, are adopted as and shall constitute the "Code of Ordinances of the City of Clermont, Florida". The Code shall be treated and considered as a new, original comprehensive ordinance which consists of all general and permanent ordinances of the City of Clermont, enacted up to and including this Ordinance. SECTION 2. Any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Clermont, Florida", shall be understood and intended to include such additions and amendments SECTION 3. A copy of the Code shall be kept on file in the Office of the City Clerk preserved in loose leaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or designee, to insert in their designated places all amendments, ordinances, or resolutions which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same. d= CLEObNT CITY OF CLERMONT ORDINANCE NO.2023-013 SECTION 4. It shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in such manner whatsoever which will cause the laws of the City of Clermont to be misrepresented thereby. Any person violating this section shall be punished as provided by applicable law. SECTION 5. Whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor by the City Council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the City Council and no specific penalty is provided therefore, the violation of any such provision of such Code shall be punished as provided in Section 1-15. SECTION 6: CONFLICT Any portion of the Code of Ordinances, City of Clermont, Florida or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. SECTION 7: SEVERABILITY It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 8: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 9: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. dr �LEOONT CITY OF CLERMONT -- ORDINANCE NO.2023-013 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28th day of February, 2023. �h ;k ATTEST: Tracy Ackroyd owe, MMC City Clerk TO FORM AND LEGALITY: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT Tim Murry, ayor CODE OF ORDINANCES CITY OF CLERMONT, FLORIDA 0 Published in 2023 by Order of the City Council Unicode POWERED BY CIVICPLUS info@municode.com 1 800.262.2633 1 www.municode.com isP.O. Box 2235 Tallahassee, FL 32316 �J • • OFFICIALS of the CITY OF CLERMONT, FLORIDA AT THE TIME OF THIS RECODIFICATION Tim Murry, Mayor Michael Gonzalez Jim Purvis Ebo Entsuah Michele Pines City Council Brian Bulthuis City Manager Daniel F. Mantzaris City Attorney Tracy Ackroyd Howe, MMC City Clerk iii • PREFACE This Code constitutes a recodification of the general and permanent ordinances of the City of Clermont, Florida. Source materials used in the preparation of the Code were the 2008 Code, as supplemented through June 8, 2021, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 2008 Code, as supplemented, and any subsequent ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: vii CHARTER CHTA CHARTER COMPARATIVE TABLE CHTCTA CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCTA STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Howard George, Editor, of Municode, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Brian Bulthuis, City Manager; Daniel F. Mantzaris, City Attorney; Tracy Ackroyd Howe, City Clerk; Curt Henschel, Development Services Director; and Lisa Widican, Building Services Direc- tor, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have • • viii • • • resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by Municode and the City of Clermont, Florida. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municode and the City of Clermont, Florida. © Copyrighted material. Municode and the City of Clermont, Florida. 2023. WA • TABLE OF CONTENTS Page Officials of the City at the Time of this Recodification ......... iii Current Officials (Reserved) ................................. v Preface ..................................................... vii Adopting Ordinance (Reserved) PART I CHARTER Charter .................................................... CHTJ Art. I. [City Boundaries; Corporate Authority] ....... CHT:3 Art. II. [The City Council] .......................... CHTA Art. III. Nominations and Elections ................. CHT:8 Art. IV. Reserved ................................... CHT:8 Art. V. City Manager ............................... CHT:8 Art. VI. Financial Procedures ....................... CHT:10 Art. VII. Reserved .................................. CHT:11 Art. VIII. Planning and Zoning ...................... CHT:11 Art. IX. Pensions ................................... CHT:12 Art. X. Municipal Bonds ............................ CHT:12 Art. XI. Transitional Provisions ..................... CHT:13 Arts. XII—XIV. Reserved ........................... CHT:13 Charter Comparative Table —Laws of Florida ................. CHTCT:1 Charter Comparative Table —Legislation ..................... CHTCT:3 PART II CODE OF ORDINANCES Subpart A GENERAL ORDINANCES Chapter 1. General Provisions ...................................... CD1:1 Art. I. In General .................................. CD1:3 Art. II. Code Enforcement .......................... CD1:8 Div. 1. Generally ............................... CD1:8 Div. 2. Code Enforcement Board ................. CD1:8 Div. 3. Citations Generally ...................... CD1:9 Div. 4. Supplemental Citations .................. CD1:10 2. Administration .......................................... CD2:1 is Art. Art. I. In General .................................. II. City Council ................................ CD2:3 CD2:3 Art. III. Boards, Committees and Commissions....... CD2:4 CLERMONT CODE 0 Chapter Page Art. IV. Officers and Employees ..................... CD2:4 Div. 1. Generally ............................... CD2:4 Div. 2. City Manager ........................... CD2:4 Div. 3. City Attorney ............................ CD2:4 Div. 4. City Clerk ............................... CD2:5 Art. V. Finance Generally ........................... CD2:5 3. Reserved ................................................ CD3:1 4. Alcoholic Beverages ..................................... CD4:1 5. Reserved ................................................ CD5:1 6. Animals ................................................ CD6:1 Art. I. In General .................................. CD6:3 Art. II. Domestic Animals and Wildlife .............. CD6:8 Art. III. Rabies -Susceptible Animals ................. CD6:11 Art. IV Care and Shelter of Animals ................ CD6:12 7. Reserved ................................................ CD7:1 8. Buildings and Building Regulations ...................... CD8:1 Art. I. In General .................................. CD8:3 Art. II. Administration and Enforcement ............ CD8:5 Div. 1. Generally ............................... Div. 2. Certificate of Occupancy ................. CD8:5 CD8:6 Art. III. Building Numbering ........................ CD8:8 9. Reserved ................................................ CD9:1 10. Businesses ............................................. CD 10:1 Art. I. In General .................................. CD10:3 Art. II. Solicitors, Peddlers and Itinerant Vendors .... CD10:3 Div. 1. Generally ............................... CD10:3 Div. 2. Peddlers and Itinerant Vendors........... CD10:3 Div. 3. Solicitors ................................ CD 10:5 Art. III. Medical Marijuana Dispensaries and Can- nabis Farms ............................... CD10:6 11. Reserved .............................................. CD 11:1 12. Cemeteries ............................................ CD 12:1 Art. I. In General .................................. CD12:3 Art. II. City Cemeteries ............................. CD12:3 13. Reserved .............................................. CD 13:1 14. Elections .............................................. CD 14:1 15. Reserved .............................................. CD 15:1 16. Emergency Services .................................... CD 16:1 Art. I. In General .................................. CD16:3 Art. II. Alarms Systems ............................ CD16:3 17. Reserved .............................................. CD 17:1 xiv TABLE OF CONTENTS—Cont'd. 0 Chapter Page 18. Environment and Natural Resources .................... CD18:1 Art. I. In General .................................. CD18:5 Art. II. Noise ....................................... CD18:5 Art. III. Nuisances Generally ....................... CD18:13 Art. IV. Junked, Wrecked and Abandoned Property... CD18:15 Art. V. Rat Control ................................. CD18:17 Art. VI. Hazardous Materials; Cost Recovery for Incidents .................................. CD18:19 Art. VII. Water Shortages ........................... CD18:21 Art. VIII. Water Efficient Irrigation and Landscaping CD18:22 Div. 1. Generally ............................... CD18:22 Div. 2. Irrigation ............................... CD18:25 Div. 3. Landscaping ............................. CD18:28 19. Reserved .............................................. CD19:1 20. Fire Prevention and Protection .......................... CD20:1 Art. I. In General .................................. CD20:3 Art. II. Fire Safety Code ............................ CD20:3 21. Reserved .............................................. CD21:1 22. Mobile Homes and Recreational Vehicles ................ CD22:1 23. Reserved .............................................. CD23:1 24. Offenses and Miscellaneous Provisions .................. CD24:1 Art. I. In General .................................. CD24:3 Art. II. Minors ..................................... CD24:6 Div. 1. Generally ............................... CD24:6 Div. 2. Curfew .................................. CD24:6 Art. III. Nudity .................................... CD24:8 Art. IV Simulated Gambling Devices ................ CD24:8 25. Reserved .............................................. CD25:1 26. Parks and Recreation ................................... CD26:1 Art. I. In General .................................. CD26:3 Art. II. Public Conduct in Parks and Recreation ...... CD26:3 27. Reserved .............................................. CD27:1 28. Pensions and Retirement ............................... CD28:1 Art. I. In General .................................. CD28:3 Art. II. Social Security .............................. CD28:3 Art. III. Police Officers' Retirement Plan ............. CD28:4 Art. IV. Firefighters' Retirement Plan ............... CD28:51 29. Reserved .............................................. CD29:1 30. Solid Waste ............................................ CD30:1 Art. I. In General .................................. CD30:3 Art. II. Collection and Disposal ...................... CD30:3 31. Reserved .............................................. CD31:1 xv CLERMONT CODE 0 Chapter Page 32. Streets, Sidewalks and Other Public Places .............. CD32:1 Art. I. In General .................................. CD32:3 Art. II. Streets ..................................... CD32:3 Div. 1. Generally ............................... CD32:3 Div. 2. Closing ................................. CD32:3 Div. 3. Construction Standards .................. CD32:4 Art. III. Motion Photography Permitting ............. CD32:8 Art. IV. Special Events .............................. CD32:10 Art. V. Downtown and Waterfront Entertainment District ..................................... CD32:15 33. Reserved .............................................. CD33:1 34. Taxation ............................................... CD34:1 Art. 1. In General .................................. CD34:3 Art. 11. Public Service Tax .......................... CD34:3 Art. 111. Insurance Premium Tax .................... CD34:4 Div. 1. Generally ............................... CD34:4 Div. 2. Property Insurance ...................... CD34:4 Div. 3. Casualty Insurance ...................... CD34:4 Art. IV. Local Business Tax ......................... CD34:4 Art. V. Additional Homestead Exemption ............ CD34:9 35. Reserved .............................................. CD35:1 36. Traffic and Vehicles .................................... CD36:1 Art. 1. In General .................................. CD36:3 Art. 11. Stopping, Standing and Parking ............. CD36:3 Art. III. Red Light Signal Violations ................. CD36:6 Art. IV. Commercial Megacycles ..................... CD36:6 37. Reserved .............................................. CD37:1 38. Utility Services ........................................ CD38:1 Art. 1. In General .................................. CD38:3 Art. II. Rates, Charges and Contract ................ CD38:7 Art. III. Public Sewer Use .......................... CD38:9 Art. IV. Backflow Prevention and Cross Connection Control .................................... CD38:14 Art. V. Stormwater Management Utility ............. CD38:17 39. Reserved .............................................. CD39:1 40. Waterways ............................................. CD40:1 Art. 1. In General .................................. CD40:3 Art. 1I. Speed Limits ............................... CD40:3 Art. 1I1. Boat Restrictions ........................... CD40:4 Art. IV. Personal Watercrafts ........................ CD40:4 41-100. Reserved ......................................... CD41:1 xvi TABLE OF CONTENTS—Cont'd. Chapter Page Subpart B LAND DEVELOPMENT CODE 101. General and Administrative Provisions ................. CD101:1 Art. I. In General .................................. CD101:5 Art. II. Boards, Commissions, and Committees ....... CD101:28 Div. 1. Generally ............................... CD101:28 Div. 2. Planning and Zoning Commission ........ CD101:28 Div. 3. Board of Zoning Adjustment .............. CD101:30 Div. 4. Site Review Committee .................. CD101:30 Art. III. Orders and Permits ........................ CD101:31 Div. 1. Generally ............................... CD101:31 Div. 2. Development Order and Permit........... CD101:31 Div. 3. Conditional Use Permits ................. CD101:34 Art. IV Variances .................................. CD101:40 Art. V. Amendment Procedure ....................... CD101:42 Art. VI. Appeals .................................... CD101:44 Art. VII. Nonconformances .......................... CD101:45 Art. VIII. Development Plan Review ................. CD101:50 102. Reserved ............................................. CD102:1 103. Concurrency Management ............................. Art. I. In General .................................. CD103:1 CD103:3 Art. II. School Concurrency ......................... CD103:10 104. Reserved ............................................. CD104:1 105. Environment and Natural Resource Protection.......... CD105:1 Art. I. In General .................................. CD105:3 Art. II. Wellfield and Aquifer Protection ............. CD105:3 Art. III. Clearing, Grading and Stormwater Manage- ment ...................................... CD105:10 Div. 1. Generally ............................... CD105:10 Div. 2. Clearing and Grading .................... CD105:10 Div. 3. Stormwater Management ................ CD105:15 106. Reserved ............................................. CD106:1 107. Floodplain Management ............................... CD107:1 Art. I. In General .................................. CD107:5 Art. II. Administration and Enforcement ............ CD107:11 Div. 1. Generally ............................... CD107:11 Div. 2. Floodplain Administrator ................ CD107:12 Div. 3. Permits ................................. CD107:14 Div. 4. Site Plans and Construction Documents... CD107:16 Div. 5. Inspections .............................. CD107:18 Div. 6. Variances and Appeals ................... CD107:19 Div. 7. Violations ............................... CD107:21 Art. III. Flood Resistant Development ............... Div. 1. Generally ............................... CD107:21 CD107:21 Div. 2. Subdivisions ............................. CD107:22 xvii CLERMONT CODE 0 Chapter Page Div. 3. Site Improvements, Utilities and Limita- tions .................................... CD107:22 Div. 4. Manufactured Homes .................... CD107:23 Div. 5. Recreational Vehicles and Park Trailers... CD107:24 Div. 6. Tanks ................................... CD107:24 Div. 7. Other Development ...................... CD107:25 108. Reserved ............................................. CD108:1 109. Historic Preservation .................................. CD109:1 110. Reserved ............................................. CD110:1 111. Impact Fees .......................................... CD111:1 112. Reserved ............................................. CD112:1 113. Miscellaneous Provisions .............................. CD113:1 Art. I. In General .................................. CD113:3 Art. II. Adult Entertainment Code ................... CD113:3 Div. 1. Generally ............................... CD113:3 Div. 2. General Requirements for Adult Entertain- ment Establishments .................... CD113:7 Div. 3. Location Restrictions .................... CD113:11 114. 115. Reserved ............................................. Parking and Vehicular Use Areas ...................... CD114:1 CD115:1 116. Reserved ............................................. CD116:1 117. Signs ................................................. CD117:1 118. Reserved ............................................. CD118:1 119. Subdivisions .......................................... CD119:1 Art. I. In General .................................. CD119:3 Art. II. Administration ............................. CD119:5 Div. 1. Generally ............................... CD119:5 Div. 2. Variances ............................... CD119:6 Art. III. Plats and Plans ............................ CD119:6 Div. 1. Generally ............................... CD119:6 Div. 2. Preliminary Plan ........................ CD119:6 Div. 3. Improvement Plan ....................... CD119:8 Div. 4. Final Plat ............................... CD119:10 Art. IV. Design Standards ........................... CD119:11 Div. 1. Generally ............................... CD119:11 Div. 2. Roadways, Streets and Alleys ............ CD119:12 Div. 3. Lots, Blocks and Easements .............. CD119:15 Div. 4. Stormwater Drainage System ............ CD119:16 Art. V. Required Improvements ..................... CD119:17 120. Reserved ............................................. CD120:1 121. Utilities .............................................. CD121:1 122. Reserved ............................................. CD122:1 xviii • • TABLE OF CONTENTS—Cont'd. Chapter Page 123. Vegetation ............................................ CD123:1 Art. I. In General .................................. CD123:3 Art. II. Landscaping ................................ CD123:6 Art. III. Trees ...................................... CD123:21 Div. 1. Generally ............................... CD123:21 Div. 2. Tree Removal Permit .................... CD123:22 124. Reserved ............................................. CD124:1 125. Zoning ............................................... CD125:1 Art. I. In General .................................. CD125:5 Art. II. Administration ............................. CD125:6 Art. III. Districts ................................... CD125:8 Div. 1. Generally ............................... CD125:8 Div. 2. UT Urban Transition District ............ CD125:9 Div. 3. UE Urban Estate Low Density Residential District ................................. CD125:11 Div. 4. R-1-A Single -Family Low Density Residential District ...................... CD125:13 Div. 5. R-1 Single -Family Medium Density Residential District ...................... CD125:15 Div. 6. R-2 Medium Density Residential District.. CD125:17 Div. 7. R-3-A Residential/Professional District.... CD125:19 Div. 8. R-3 Residential/Professional District...... CD125:21 Div. 9. 0-1 Office District ....................... CD125:23 Div. 10. C-1 Light Commercial District .......... CD125:25 Div. 11. C-2 General Commercial District ........ CD125:28 Div. 12. CBD Central Business District .......... CD125:32 Div. 13. M-1 Industrial District .................. CD125:40 Div. 14. CD Commerce District .................. CD125:42 Div. 15. PR Parks and Recreation District........ CD125:44 Art. IV. Planned Unit Developments Created Through the Planned Unit Development Zoning Designa- tion ........................................ CD125:45 Art. V. Supplementary District Regulations .......... CD125:52 Div. 1. Generally ............................... CD125:52 Div. 2. Model Homes and Model Home Sales Centers ................................. CD125:68 Div. 3. Short -Term Vacation Rental Properties ... CD125:70 Art. VI. Siting Regulations for Wireless Communica- tion Facilities .............................. CD125:77 Code Comparative Table-1962 Code to 2008 Code ............ CCTJ Code Comparative Table-1998 Code to 2008 Code............ CCT:5 Code Comparative Table-1962 Code to 2023 Code............ CCT:15 Code Comparative Table-1998 Code to 2023 Code............ CCT:19 Code Comparative Table 2008 Code to 2023 Code............ CCT:27 Code Comparative Table Laws of Florida in 2008 Code....... CCT:37 xix CLERMONT CODE 0 Page Code Comparative Table —Laws of Florida in 2023 Code....... CCT:39 Code Comparative Table —Legislation ........................ CCT:41 State Law Reference Table .................................. SLT:1 Charter Index .............................................. CHTi:1 Code Index ................................................. CDi:1 • C� xx • • PART CHARTER* Article I. [City Boundaries; Corporate Authority] Sec. 1. [City created; boundaries.] Sec. 2. Powers of the city. Sec. 3. Construction of powers. Sec. 4. Intergovernmental relations. Sec. 5. Chamber of Commerce. Article H. [The City Council] Sec. 6. The Council. Sec. 7. Compensation. Sec. 8. Mayor pro tem. Sec. 9. General duties and powers. Sec. 10. Prohibitions. Sec. 11. Vacancies; forfeiture of office; filling of vacancies. Sec. 12. Resign to run. Sec. 13. Judge of qualifications. Sec. 14. City Clerk. Sec. 15. Finance Director. Sec. 16. City officers; bond. Sec. 17. Independent audit. Sec. 18. Procedure. Sec. 19. Reserved. Sec. 20. [Adoption of ordinances and resolutions.] Secs. 21, 22. Reserved. Sec. 23. Authentication and recording; codification; printing. Sec. 23.1. Executing legal instruments. Article III. Nominations and Elections Sec. 24. City elections. Sec. 25. Reserved. Secs. 26, 27. Reserved. Sec. 28. Availability of list of qualified voters. Article W. Reserved Secs. 29, 30. Reserved. Article V. City Manager Sec. 31. City manager -Appointment; removal; qualifications; participa- tion by council regarding administrative services. Sec. 32. City manager -Powers and duties. Sec. 33. City manager -Absence or disability. [Sec.] 34. City manager -Compensation. *Editor's note -Printed herein is the Charter of the City of Clermont, Florida, as adopted by Laws of Fla. ch. 67-1217. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. State law reference -Municipal home rule powers, F.S. ch. 166. CLERMONT CODE Article VI. Financial Procedures Sec. 35. Fiscal year. Sec. 36. Submission of budget. Sec. 37. Budget. Sec. 38. Council action on budget. Sec. 39. Amendments after adoption. Sec. 40. Transfer of appropriations. Article VII. Reserved Secs. 41-54. Reserved. Article VIII. Planning and Zoning Sec. 55. General powers. Sec. 56. Purposes of article; grant of power. Sec. 57. Districts. Sec. 58. Purposes in view. Sec. 59. Method of procedure. Sec. 60. Regulations subject to change; protest; hearings. Sec. 61. Reserved. Sec. 62. Planning and zoning commission. Sec. 63. Board of adjustment. Article IX. Pensions Sec. 64. Pensions for employees; appropriations. Article X. Municipal Bonds Sec. 65. [Generally.] Article XI. Transitional Provisions Sec. 66. Officers and employees. Sec. 67. Departments, offices and agencies. Sec. 68. Pending matters. Sec. 69. State and municipal laws. Articles XII—XIV. Reserved • CHT:2 CHARTER §2 0 • • ARTICLE I. [CITY BOUNDARIES; CORPORATE AUTHORITY] Sec. 1. [City created; boundaries.] The City of Clermont, Lake County, Florida heretofore created and existing under the laws of the State of Florida is hereby abolished and there is hereby established the City of Clermont, Lake County, Florida which shall have the identi- cal territorial boundaries as the former city as set forth in Chapters 8926, Acts of 1921, § 1; Chapter 10430, Acts 1925, § 1; Chapter 12614, Acts 1927, § 1; Chapter 15672, Acts 1931, § 1; Chapter 19743, Acts of 1939, § 1; Chapter 21152, Acts 1941; Chapter 24434, § 1, Acts 1947 [as follows:] Beginning at a point 1016 feet north and 231 feet east of the southwest (SW) corner of Section 18, Township 22 South of Range 26 East of the Tallahassee Meridian in Lake County, Florida, on the east shore of Lake Minneola, being the point where the centerline of Division Street (as shown on a copy of a map of the townsite of Clermont made by A. F. Wrotnowske, C.E., dated July 1884, recorded in Plat Book, 3, Page 5, Public Records of Lake County, Florida) intersects the shoreline of the said Lake Min- neola; thence east along the centerline of Divi- sion Street to the intersection of said centerline with the eastern boundary line of Section 18, Township 22 South, Range 26 East, thence south along the eastern boundary line of said Section 18, to the northeast corner of Section 19, Town- ship 22 South, Range 26 East, thence south along the eastern boundary line of said Section 19 to the intersection of said boundary line with the centerline of Highland Avenue, as represented and shown on the Official Map of the City of Clermont, duly recorded in Plat Book 8, Pages 17 to 23 inclusive, Public Records of Lake County, Florida. Thence south along the centerline of said Grand Highway to a point at the intersec- tion of the northern right-of-way line of Florida State Road No. 50 and the centerline of Grand Highway, thence run east along the northern right-of-way of Highway No. 50 to a point due north of the northeast corner of Tract 24, Section 29, Township 22 South, Range 26 East (accord- ing to the Plat of Lake Highlands), run thence south and along the eastern line of said Tract 24 and Tract 25, continue south to a point that intersects the eastern right-of-way line of U.S. Highway 27 (State Road No. 25), thence southeasterly along said eastern right-of-way line to a point that intersects the southern line of Section 29, Township 22 South, Range 26 East; thence west along the southern line of said Section 29, Township 22 South, Range 26 East, to the southwest corner of said section, thence continue west along the southern line of Section 30, Township 22 South, Range 26 East to the water's edge of Lake Minnehaha; thence run west 10 degrees north across Lake Minnehaha to a point that is due south of a point where the north and south midsection line of Section 26, Township 22 South, Range 25 East, intersects the north shore of Lake Minnehaha, thence run due north to the last aforedescribed point, thence run westerly and northerly, a meandering line, along the north shore of Lake Minnehaha and along the east shore of Lake Palatlakaha to the east line of the Palatlakaha Canal; thence in a northeasterly direction along the eastern shore of the Palatlakaha Canal Hiawatha; thence in a northeasterly direction, a meandered line along the shore of Lake Hiawatha to a point on the shore of Lake Minneola, said point being 154 feet, more or less, south and 126 feet, more or less, east of the centerline of the south end of the county bridge across the Palatlakaha River, on the public road leading from Clermont to Grove - land, which said point is 10 feet of the center of the track of the A.C.L. R.R.; thence North 75 degrees 08 minutes East 6,004 feet, more or less, to the point of beginning. (Laws of Fla. ch. 73-433, § 1) Editor's note —The legal description of the city has been amended by the annexations adopted which are on file in the city clerk's office. Sec. 2. Powers of the city. The City shall have all powers possible for a city to have under the Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. State law reference —Municipal home rule powers, F.S. ch. 166. CHT:3 §3 Sec. 3. Construction of powers. CLERMONT CODE The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power[s] stated in the article. Sec. 4. Intergovernmental relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. State law reference —Intergovernmental programs, F.S. ch. 163. Sec. 5. Chamber of Commerce. [Editorially deleted.] (Laws of Fla. ch. 69-959, § 2; Ord. No. 140-C, § 1(b), 10-28-1975) Editor's note —This section authorizing the levy of a tax for supporting a chamber of commerce has been editorially deleted as all taxes must be authorized by general law, Fla. Const. art. VII, § 1(a). ARTICLE II. [THE CITY COUNCIL]* Sec. 6. The Council. (a) Composition. There shall be a City Council composed of five (5) members to be elected by the qualified voters of the city. (b) Council seats. There shall be five (5) council seats numbered 1 to 5 consecutively. Any elector of the city may qualify for any one of the said five (5) seats. The present members of the city council shall hold their seats for the term of office for which they have been elected. Seats numbered 1, 3 and 5 shall be up for election for a period of two (2) years the first Tuesday after the first Monday in November 1984 (and every even - numbered year thereafter). Seats 2 and 4 shall be up for election the first Tuesday after the first Monday in November 1985 (and every odd - *State law references —Code of ethics, F.S. § 112.311 et seq.; election code, F.S. chs. 97-106. numbered year thereafter). However, Seat number 3 shall henceforth be designated as the Mayor - Councilman's Seat, and the person elected to that seat shall serve as Mayor for his two-year term. He shall assist in developing community policies and work with the Council to develop these policies and interpret them to the public. He shall represent the City at official functions, appoint advisory committees, coordinate their work, and maintain contact with other governmental agencies and civic groups. (c) Term and term limits. Each City Council Member shall be elected for a term of two years. No person shall be elected to the City Council for more than four consecutive two (2) year terms. Provided, however, that the term limits herein shall not limit a present council member from being elected to four consecutive two (2) year terms after the effective date of the amendment or, if elected to Seat 1, 2, 4 or 5, after his or her election or appointment to Seat 3, or prohibit the Council from appointing a person to fill a vacancy on the City Council as set forth in the Charter. (d) Qualifications. In qualifying for election to the City Council, including Mayor -Council Member, each candidate shall designate the seat for which he or she intends to run. One candidate shall be elected for each seat, but no person shall qualify for more than one seat at any one election. Effective for the election of 2020 for Seats 1, 3, and 5 and the election of 2021 for Seats 2 and 4, each candidate shall have been a qualified elector of the city for a minimum uninterrupted period of eighteen (18) months preceding the date of qualification. (Laws of Fla. ch. 69-959, § 3(a), (b); Laws of Fla. ch. 73-433, § 2; Ord. No. 140-C, § 1(c)—(f), 10-28-1975/12-2-1975; Ord. No. 234-C, § 1(a), (b), 5-24-1983/12-6-1983; Ord. No. 2019-22, § 1, 5-28-2019/11-5-2019) Editor's note —Former Subsections (c) and (d) were editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). Subsection (c) is section 2-19 and subsection (d) is section 2-20 in the Code of Ordinances. Sec. 7. Compensation. The Council may determine the compensation of councilmen by ordinance, but no ordinance is • • CHTA CHARTER § 11 0 • • increasing such compensation shall become effec- tive until the date of commencement of the terms of councilmen elected at the next regular elec- tion. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office. (Ord. No. 140-C, § 1(g), 10-28-1975/12-2-1975) Sec. S. Mayor pro tem. The Council shall, at its first regular meeting in January of each year, elect a Mayor pro tem from their number. The Mayor pro tem shall act as Mayor during the absence or disability of the Mayor. (Ord. No. 140-C, § 1(h), 10-28-1975/12-2-1975) Sec. 9. General duties and powers. All powers of the city shall be vested in the Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Sec. 10. Prohibitions. (a) Holding other office. Except where authorized by law, no councilman shall hold any other city office or employment during the term for which he was elected to the Council, and no former councilman shall hold any compensated appointive city office or employment until one year after the expiration of the term for which he was elected to Council. (b) Appointments and removals. Neither the Council or any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the manager anything pertaining to appoint- ment and removal of such officers and employees. (c) Interference with administration. Except for purposes of inquiry, the Council or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Reserved. (Laws of Fla. ch. 69-959, § 4; Ord. No. 140-C, § 1(0-4k), 10-28-1975/12-2-1975; Ord. No. 224-C, § 1, 11-9-1982/12-7-1982) Sec. 11. Vacancies; forfeiture of office; fill- ing of vacancies. (a) Vacancies. The office of a councilman shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. (b) Forfeiture of office. A councilman shall forfeit his office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law; (2) Willfully violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three consecutive regular meetings of the Council without being excused by the Council. (c) Filling of vacancies. (1) If a vacancy for Seats 1, 2, 4 or 5 occurs within a six-month period prior to a general election, the Council shall appoint a qualified person to fill the vacancy until the general election at which time the seat will be up for election. (2) If a vacancy in Seats 1, 2, 4, or 5 occurs more than six (6) months prior to the next general election, the Council shall declare a special election to fill the vacancy for the balance of the term. (3) If a vacancy in Seat 3 occurs within a six-month period prior to a general elec- tion, the Mayor pro tem shall serve as Acting Mayor until the next general elec- tion, at which time a Mayor shall be elected for the unexpired portion of the existing term or to a full term, whichever CHT:5 §11 CLERMONT CODE is applicable. The Council shall elect an acting temporary Mayor pro tem from their number who shall act only so long as the Mayor pro tern is serving as Mayor. The Council shall appoint a quali- fied person to fill the vacant seat. That person so appointed shall serve as temporary councilman only until a Mayor is elected. (4) If a vacancy in Seat 3 occurs more than six (6) months prior to the next general election, the Council shall declare a special election to fill the vacancy to serve for the balance of the term. The Mayor pro tem shall serve as Acting Mayor until a mayor is elected and then will resume his duties as Mayor pro tem. (Ord. No. 140-C, § 1(1), (m), 10-28-1975/12-2- 1975) Sec. 12. Resign to run. No individual may qualify as a candidate for public office who holds another elective or appointive office, the term of which or any part thereof runs concurrently with the term of office for which he seeks to qualify without resigning from such office not less than ten (10) days prior to the first day of qualifying for the office he intends to seek. Said resignation shall be effec- tive not later than the date upon which he would assume office, if elected to the office to which he seeks to qualify, the expiration date of the term of the office which he presently holds, or the general election day at which his successor is elected, whichever occurs earliest. Said resigna- tion shall create a vacancy in said office thereby permitting persons to qualify as candidates for nomination and election to that office in the same manner as if the term of such public officer were otherwise scheduled to expire. (Ord. No. 140-C, § 1(n), 10-28-1975/12-2-1975) State law reference —Resign to run for certain offices, F.S. § 99.012. Sec. 13. Judge of qualifications. The Council shall be the judge of the election and qualification of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts. (Ord. No. 140-C, § 1(o), 10-28-1975/12-2-1975) Sec. 14. City Clerk. The City Manager shall appoint a City Clerk, subject to approval by a majority vote of the Council. The City Clerk so appointed shall act as Clerk of the City Council; shall take minutes of all regular and special council meetings; shall give notice as required by this Charter of all council meetings; shall keep a record of all ordinances and resolutions; shall perform whatever other duties assigned to him by the City Council. The City Manager shall have the authority to appoint Deputy Clerks. (Ord. No. 140-C, § 1(p), 10-28-1975/12-2-1975) Sec. 15. Finance Director. The City Manager shall appoint a Finance Director, subject to approval by a majority vote of the Council. The Finance Director shall assist the City Manager in the general accounting and financial affairs of the City. (Laws of Fla. ch. 73-433, § 3; Ord. No. 140-C, § 1(q), 10-28-1975/12-2-1975) Sec. 16. City officers; bond. The City Manager and the City Clerk (and any City officers and employees that the Council deems necessary), shall be required to give such bond as the Council may prescribe at the City's expense. (Ord. No. 140-C, § 1(r), 10-28-1975/12-2-1975) Sec. 17. Independent audit. The Council shall provide for an independent annual audit of all city accounts and may provide for such more frequent audits as it deems neces- sary. Such audits shall be made by a certified • CHT:6 CHARTER § 20 0 • • public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The Council may, without requir- ing competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the require- ments of this section. (Ord. No. 140-C, § 1(s), 10-28-1975/12-2-1975) State law reference —Annual audit required, F.S. §§ 166.241, 218.32 et seq. Sec. 18. Procedure. (a) Meetings. [Editorially deleted.] (b) Rules and journal. [Editorially deleted.] (c) Voting. Voting shall be by voice vote on all matters except ordinances or upon call of any member of the Council in which case the vote will be by roll call. Councilmen may request that the minutes reflect the reasons they voted a certain way. (Ord. No. 140-C, § 1(t), 10-28-1975/12-2-1975) Editor's note —Subsections (a) and (b) of this section has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). Subsection (a) is section 2-22 and subsection (b) is section 2-23 in the Code of Ordinances. Sec. 19. Reserved. Editor's note —Ord. No. 140-C, § 1(u), enacted October 28, 1975, and by referendum on December 2, 1975, provided that § 19 be "Reserved." Such section pertained to actions requiring an ordinance and was derived from Laws of Fla. ch. 67-1217, art. II, § 14. Sec. 20. [Adoption of ordinances and resolutions.] (a) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be stated in the title. No ordinance shall be revised or amended by refer- ence to its title only. Ordinances to revise or amend shall set out in full the revised or amended act, section, subsection, or paragraph of a section or subsection. (b) (1) A proposed ordinance may be read by title, or in full, on at least two (2) separate days and shall, at least fourteen (14) days prior to adoption, be published once in a newspaper of general circulation in the municipality. The notice of proposed ordinance shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the place or places within the municipality where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (2) The City Council with a two-thirds (43) vote may enact an emergency ordinance without complying with the require- ments of paragraph (1) of this subsec- tion. Such emergency ordinance shall be introduced in writing and shall be effec- tive only for a period of sixty (60) days, at which time it will automatically be repealed. (c) The majority of the members of the Council shall constitute a quorum. The affirmative vote of the majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution, provided that a two-thirds (2/3) vote of the members of the Council is required to enact an emergency ordinance. On final passage, the vote of each member of the Council voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the Council shall become effective ten (10) days after passage or as otherwise provided therein. (d) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose, and shall be signed by the presid- ing officer and the Clerk of the Council. (Laws of Fla. ch. 73-433, § 1; Ord. No. 140-C, § 1(v), 10-28-1975/12-2-1975) State law reference —Minimum mandatory procedure for adoption of ordinances and resolutions, F.S. § 166.041. 11010NAM7 §21 Secs. 21, 22. Reserved. CLERMONT CODE Editor's note -Ord. No. 140-C, § 1(w), (x), enacted October 28, 1975, provided that §§ 21 and 22 be "Reserved." Said sections pertained to emergency ordinances and the adoption of codes of technical regulation, and were derived from Laws of Fla. ch. 67-1217, art. II, §§ 16, 17. Sec. 23. Authentication and recording, codification; printing. (a) Authentication and recording. The City Clerk or Finance Director shall authenticate by his signature and record in full a properly indexed book kept for that purpose all ordinances and resolutions adopted by the Council. (b) General ordinances codification. General ordinances shall be codified within one year after adoption. This provision shall not apply to special, miscellaneous or emergency ordinances. (c) Printing of ordinances and resolutions. [Editorially deleted.] (Ord. No. 140-C, § 1(y), (z), 10-28-1975/12-2- 1975) Sec. 23.1. Executing legal instruments. All deeds, leases, easements, contracts, or any other legal instruments authorized by the Council shall be signed by the mayor and attested to by the City Clerk. (Laws of Fla. ch. 69-959, § 5) ARTICLE III. NOMINATIONS AND ELECTIONS* Sec. 24. City elections. (a) Regular elections. The regular city elec- tion shall be held on the first Tuesday after the first Monday in November of each year. (b) Qualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the require- ments for registration prescribed by law shall be qualified voters of the city within the meaning of this Charter. *State law reference -Florida election code, F.S. chs. 97-106. (c) [Held according to state election laws.] Elections shall be held in accordance with the general election laws of the State of Florida. (Laws of Fla. ch. 69-959, § 6; Ord. No. 140-C, § 1(aa), 10-28-1975/12-2-1975; Ord. No. 234-C, § 1(c), 5-24-1983/12-6-1983; Ord. No. 274-C, § 2, 6-9-1992) Sec. 25. Reserved. Editor's note -Ord. No. 324-C, § 3, adopted May 13, 2003, repealed § 25 in its entirety, which pertained to primary elections and derived from Ord. No. 234-C, § 1(d), adopted May 24, 1983 (effective December 6, 1983), and Ord. No. 274-C, § 3, adopted June 9, 1992. The issue of primary elections is addressed in § 14-7. Secs. 26, 27. Reserved. Editor's note -Ord. No. 140-C, § 1(bb), (cc), enacted October 28, 1975, provided that §§ 26, 27, relative to ballots for ordinances and charter amendments and voting machines, be "Reserved." These sections were derived from Laws of Fla. ch. 67-1217, Art. III, §§ 3, 4. Sec. 28. Availability of list of qualified voters. [Editorially deleted.] Editor's note -This section which has not been amended by referendum after July 1, 1973, and which is not extrater- ritorial powers has been editorially deleted as unnecessary as contained in F.S. § 99.095. ARTICLE IV. RESERVEDt Secs. 29, 30. Reserved. ARTICLE V. CITY MANAGER Sec. 31. City manager -Appointment; removal; qualifications; participa- tion by council regarding administrative services. (a) The Council shall appoint as an officer of the city, a person who shall have the title of "City Manager" and shall have the powers and perform tEditor's note -Ord. No. 153-C, § 3, enacted August 10, 1976, as approved by the Chief Justice of the Supreme Court of Florida August 17, 1976, repealed former Art. IV, § 29, pertaining to the municipal court and derived from Laws of Fla. ch. 67-1217, Art. IV, § 1; Laws of Fla. ch. 74-433, § 5 and Ord. No. 140-C, § 1(dd), enacted October 28, 1975. • • CHT:8 CHARTER §32 0 • • the duties provided in this chapter [Charter]. No councilman shall receive such appointment during the term for which he shall have been elected, nor within one (1) year after the expiration of his term. (b) The Council shall appoint the City Manager for an indefinite term and may remove him by a majority vote of its members. At least thirty (30) days before such removal shall become effective, the council shall by majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing and may request a public hearing before the council which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. By the preliminary resolution the council may suspend the manager from duty but shall in any case cause to be paid him forthwith any unpaid balance of his salary for the next one (1) calendar month following adoption of the final resolution. (c) Neither the Council nor any of its members shall direct or request the appointment of any person to or his removal from, office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative service of the City, except as otherwise provided. Except for the purpose of inquiry, the Council and its members shall deal with the administra- tive service solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. Any council- man violating the provisions of this section, or voting for a resolution or ordinance in violation of this section shall constitute grounds for recall. (d) The City Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications with special refer- ence to his actual experience in, or knowledge of, accepted practice in respect to the duties of this office as hereinafter set forth. (Ord. No. 140-C, § 1(ee), 10-28-1975/12-2-1975; Ord. No. 288-C, § 1, 6-23-1998) Sec. 32. City manager —Powers and duties. (a) The City Manager shall be chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, he shall have power and shall be required to: (1) Appoint and, when necessary for the good of the City, remove all officers and employees of the City except as otherwise provided by this Charter and except as he may authorize the head of a depart- ment or office, to appoint and remove subordinates in such department or office; (2) Prepare the budget annually and submit it to the council and be responsible for its administration after adoption; (3) Prepare and submit to the council, as of the end of the fiscal year, a complete report on the finances and administra- tive activities of the city for the preced- ing year; (4) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable; (5) Attend all meetings of the City Council and of its committees and keep the council advised of the activities of his office, with the right to take part in the discussions but without having a vote; (6) Perform such other duties as may be prescribed under this Charter or as may be required by him by ordinance or resolu- tion of the City Council; (7) The City Manager may appoint a quali- fied person as purchasing agent, subject to approval of the Council, by whom all purchases of supplies shall be made subject to the rules and regulations to be prescribed by the Council and he shall approve all vouchers for the payment of same. In the capacity of purchasing agent, he shall also conduct all sales of personal property which the Council may authorize to be sold as having become unnecessary CHT:9 § 32 CLERMONT CODE or unfit for the city's use. All purchases, sales and contracts shall conform to such regulations as the City Council may from time to time prescribe; (8) Fix the salary of officers and employees according to the wage schedule approved by the City Council. (b) The City Manager shall manage and control all City owned public utilities operated and managed by the municipality and the office of the City Manager shall be charged with the management and operation of all public works, charitable and correctional institutions and agen- cies of the City; subject to regulations prescribed by ordinance, and regulations relative to the preservation and promotion of public health; and manage or inspect water, lighting, power and transportation enterprises of the City; shall manage and control the use, construction, improvement, repair and maintenance facilities of the City, including parks, playgrounds and public gymnasiums, and social centers. He shall manage and supervise all public improvements, works and undertakings of the City except as otherwise provided in this Charter. (Laws of Fla. ch. 73-433, § 7; Ord. No. 140-C, § 1(ff)—(ii), 10-28-1975/12-2-1975) Sec. 33. City manager —Absence or dis- ability. To perform his duties during his temporary absence or disability, the manager may designate by letter filed with the City Clerk and Mayor a qualified administrative officer of the City as acting City Manager; provided, however, the appointment shall not be for a period longer than thirty (30) days. In the event of failure of the manager to make such designation, or in the event the City Manager is absent or disabled for a period longer than thirty (30) days, the Council shall appoint a qualified person as acting City Manager. (Ord. No. 140-C, § 1(jj), 10-28-1975/12-2-1975) [Sec.] 34. City manager —Compensation. [Editorially deleted.] Editor's note —This section has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 2-127 in the Code of Ordinances. ARTICLE VI. FINANCIAL PROCEDURES* Sec. 35. Fiscal year. [Editorially deleted.] Editor's note —This section on the fiscal year has been editorially deleted as superseded by the mandatory fiscal year in state law. State law reference —Fiscal year, F.S. § 166.241. Sec. 36. Submission of budget. On or before the 31st day of August of each year, the Manager shall submit to the Council a budget for the ensuing fiscal year. (Ord. No. 140-C, § 1(kk), 10-28-1975/12-2-1975) Sec. 37. Budget. [Editorially deleted.] Editor's note —This section which has not been amended by referendum after July 1, 1973, and which is not extrater- ritorial powers has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 38. Council action on budget. (a) Amendment before adoption. The Council may adopt the budget with or without amend- ment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income. (b) Adoption. [Editorially deleted.] (Ord. No. 140-C, § 1(11), 10-28-1975/12-2-1975) Editor's note —This subsection which has not been amended by referendum after July 1, 1973, and which is not extraterritorial powers has been editorially deleted as superseded by the mandatory procedure in state law for adoption of the budget. *State law references —Finance and taxation, F.S. § 166.101 et seq.; financial matters, F.S. ch. 218. �J • CHT:10 CHARTER § 57 0 • Sec. 39. Amendments after adoption. (a) Supplemental appropriations. [Editorially deleted.] (b) Emergency appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of section 20(b)(2) to the extent that there are no available unappropriated revenues to meet such appropriations, the Council may be [by] such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of appropriations. [Editorially deleted.] (Ord. No. 140-C, § 1(mm), 10-28-1975/12-2-1975) Editor's note —.Subsections (a) and (c) have been editori- ally transferred to the Code of Ordinances as certain provi- sions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). Subsection (a) is section 2-98(a) and subsection (c) is section 2-98(b) in the Code of Ordinances. Sec. 40. Transfer of appropriations. (a) [Upon written request.] At anytime during the fiscal year the Finance Director with authorization of the City Manager may transfer all or part of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the City Manager, the City Council may by resolu- tion transfer part or all of any unencumbered appropriation balance from one department, office or agency to another department, office or agency. (b) Limitations; effective date. No appropria- tion for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. (c) Payments and obligations prohibited. No payment shall be made or obligation incurred against any allotment or appropriation unless the Finance Director certified that there are sufficient funds available to cover the claim or meet the obligation when it becomes due and payable. (Ord. No. 140-C, § 1(nn)—(pp), 10-28-1975/12-2- 1975) ARTICLE VII. RESERVED* Secs. 41-54. Reserved. ARTICLE VIII. PLANNING AND ZONINGt Sec. 55. General powers. [Editorially deleted.] Editor's note —This section which has not been amended by referendum after July 1, 1973, and which is not extrater- ritorial powers has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 56. Purposes of article; grant of power. [Editorially deleted.] Editor's note —This section which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power has been editorially deleted as unneces- sary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 57. Districts. For any or all of said purposes the City Council may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purpose of this article; and with such districts it may regulate and restrict the erection, construction, reconstruc- tion, alteration, repair, or use of buildings, structures, or land. All such regulations shall be *Editor's note —Laws of Fla. ch. 73-433, § 8, repealed Laws of Fla. ch. 67-1217, Art. VII, §§ 1-14, compiled herein as Art. VII, §§ 41-54. tState law references —Planning and development, F.S. ch. 186 et seq.; Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3161 et seq. CHT:11 § 57 CLERMONT CODE uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. (Ord. No. 140-C, § 1(qq), 10-28-1975/12-2-1975) Sec. 58. Purposes in view. [Editorially deleted.] Editor's note —This section has been editorially deleted as superseded by the Community Planning Act, F.S. § 163.25111 et seq. Sec. 59. Method of procedure. The City Council shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction, or bound- ary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fourteen (14) days' notice of the time and place of such hearing shall be published in an official newspaper, or a paper of general circulation in such municipality. (Ord. No. 140-C, § 1(rr), 10-28-1975/12-2-1975) Sec. 60. Regulations subject to change; protest; hearings. [Editorially deleted.] Editor's note —This section has been editorially deleted as superseded by the Community Planning Act, F.S. § 163.2511 et seq. Sec. 61. Reserved. Editor's note —In codifying the city's new Charter the section number 61 was not used and has therefore been reserved by the editor to maintain sequence. Sec. 62. Planning and zoning commission. The City Council shall appoint a Planning and Zoning Commission. (Laws of Fla. ch. 73-433, § 9; Ord. No. 140-C, § 1(ss), 10-28-1975/12-2-1975) Sec. 63. Board of adjustment. The City Council shall appoint a Board of Adjustment. (Ord. No. 140-C, § 1(tt), 10-28-1975/12-2-1975) ARTICLE IX. PENSIONS Sec. 64. Pensions for employees; appropriations. (a) The City Council shall have power to provide for relief or pension of persons in the employ of the City and to adopt such ordinances as may be necessary to carry this action into effect. (b) In furtherance of such object, and without intending to limit it by these specifications, the Council may adopt such pension plan as it deems suited to the interest of the City and the employees, may make contributions of public monies to such pension plan on such terms and conditions as the Council may see fit, and may make rules and regulations for the management, investment and administration of such plan. Such plan may consist of a pension fund or funds operated by the City or administered by a trustee under a deed of trust, or of contracts of insurance of annuities, including deposit administrations group annuity contracts, with any insurance company authorized to transact business in this state, or a combination thereof, and for any or all of such purposes the City may appropriate out of its treasury any money necessary to pay premiums or charges incident to the maintenance of such funds or the carrying of such policies or contracts. (c) All previously established pension funds created under any prior pension ordinance, not inconsistent with this section, are hereby affirmed, approved and ratified. (Ord. No. 140-C, § 1(uu)—(ww), 10-28-1975/12- 2-1975) ARTICLE X. MUNICIPAL BONDS* Sec. 65. [Generally.] The City may issue bonds, revenue bonds, certificates of indebtedness and other obliga- *State law reference —Municipal borrowing, F.S. § 166.101 et seq. I • • CHT:12 CHARTER § 69 0 • tions for such purposes and in such manner as may be provided by resolution of the City Council in the manner provided by law. (Ord. No. 140-C, § 1(xx), 10-28-1975/12-2-1975) Editor's note —Prior to amendment by Ord. No. 140-C, § 1(xx), § 65 pertained to personal financial interest of officers and was derived from Laws of Fla. ch. 67-1217, art. X,§1. ARTICLE XI. TRANSITIONAL PROVISIONS Sec. 66. Officers and employees. (a) Rights and privileges preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. (b) Continuance of office or employment. Except as specifically provided by this Charter, if at the time this Charter takes full effect a city administrative officer or employee holds any office or position which is or can be abolished by or under this Charter, he shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he vacate the office or position. Sec. 67. Departments, offices and agen- cies. (a) Transfer of powers. If a city department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this Charter or, if the Charter makes no provision, designated by the City Council. (b) Property and records. All property, records, and equipment of any department, office or agency existing when this Charter is adopted shall be transferred to the department, office or agency assuming its powers and duties but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the council in accordance with this Charter. Sec. 68. Pending matters. All rights, claims, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this Charter. Sec. 69. State and municipal laws. (a) In general. All City ordinances, resolu- tions, orders and regulations which are in force when this Charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the Constitu- tion and Laws of the State of Florida permit, all laws relating to or effecting this city or its agencies, officer or employees which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. ARTICLES XII—XIV. RESERVED* *Editor's note —Ord. No. 224-C, § 1(A)-4C), adopted November 9, 1982, and approved by the electorate at a referendum held December 7, 1982, provided for the repeal of Arts. XH—XIV of the Charter. Prior to such repeal, art. XII, §§ 70-76, had pertained to general bonds as derived from Laws of Fla. 8926 (1921), §§ 65-71; Laws of Fla. Ch. 67-1217, Art. XH, § 1. Art. XIII, §§ 77-104, had pertained to reserve bonds as derived from Laws of Fla. ch. 30660 (1955), §§ 1-28; Laws of Fla. Ch. 67-1217, Art. XH, § 1. Art. XIV, §§ 105-109, had pertained to the bond -financial committee as derived from Laws of Fla. ch. 10432 (1925), §§ 39-45; Laws of Fla. Ch. 67-1217, Art. XH, § 1. CHT:13 • • CHARTER COMPARATIVE TABLE LAWS OF FLORIDA This table shows the location of the amendments to the basic Charter, Laws of Florida, ch. 67-1217. Laws of Florida Section Chapter Section this Charter 69-959 2 5 3(a) 6 3(b) 6 4 10 5 23.1 6 24 73-433 1 1 — 20 2 6 3 15 7 32 9 62 74-433 5 31 S 41-54 CHTCTJ • • • CHARTER COMPARATIVE TABLE LEGISLATION This table shows the location of ordinances and other legislation and amendments to the basic Charter, Laws of Florida, ch. 67-1217. Adopted Effective Section Legislation Date Date Section this Charter 140-C 10-28-1975 12-2-1975 1(b) 5 1(c) 6 1(d) 6 1(e) 6 1(fl 6 1(g) 7 1(h) 8 1(i) 10 10) 10 1(k) 10 1(1) 11 1(m) 11 1(n) 12 1(0) 13 1(p) 14 1(q) 15 1(r) 16 US) 17 1(t) 18 1(u) 19 1(v) 20 1(w) 21 l(x) 22 1(y) 23 1(z) 23 1(aa) 24 1(bb) 26 1(cc) 27 1(dd) 30 1(ee) 31 10 32 1(gg) 32 1(hh) 32 1(ii) 32 l(jj) 33 1(kk) 36 1(11) 38 1(mm) 39 1(nn) 40 1(00) 40 1(pp) 40 1(qq) 57 1(rr) 59 1(Ss) 62 1(tt) 63 1(uu) 64 1(vv) 64 CHTCT:3 CLERMONT CODE Adopted Effective Section Legislation Date Date Section this Charter 1(ww) 64 1(xx) 65 153-C 8-10-1976 3 30 224-C 11-9-1982 12-7-1982 1 10 1(A) 70-109 1(B) 70-109 1(C) 70-109 234-C 5-24-1983 12-6-1983 1(a) 6 1(b) 6 1(c) 24 1(d) 25 274-C 6-9-1992 2 24 3 25 288-C 6-23-1998 1 31 324-C 5-13-2003 3 25 2019-22 5-28-2019 11-5-2019 1 6 • CHTCTA • PART II CODE OF ORDINANCES Subpart A GENERAL ORDINANCES Chapter 1 GENERAL PROVISIONS Article I. In General Sec. 1-1. Designation and citation of Code. Sec. 1-2. Definitions and rules of construction. Sec. 1-3. Catchlines of sections; history notes; references. Sec. 1-4. Effect of repeal of ordinances. Sec. 1-5. Amendments to Code; effect of new ordinances; amendatory language. Sec. 1-6. Supplementation of Code. Sec. 1-7. General penalty; continuing violations. Sec. 1-8. Severability. Sec. 1-9. Provisions deemed continuation of existing ordinances. Sec. 1-10. Code does not affect prior offenses or rights. Sec. 1-11. Certain ordinances not affected by Code. Secs. 1-12-1-40. Reserved. Article II. Code Enforcement Division 1. Generally Sec. 1-41. Intent of article. Sec. 1-42. Alternate code enforcement system. Sec. 1-43. Supplemental enforcement. Seca. 1-44-1-74. Reserved. Division 2. Code Enforcement Board Sec. 1-75. Created; jurisdiction; powers and duties; enforcement by courts. Sec. 1-76. Appointment and qualifications. Sec. 1-77. Counsel named. Seca. 1-78-1-97. Reserved. Division 3. Citations Generally Sec. 1-98. Procedure if violation presents serious threat. Sec. 1-99. Conduct of hearings. Sec. 1-100. Appeal of final administrative orders. Secs. 1-101-1-128. Reserved. Division 4. Supplemental Citations Sec. 1-129. Authorization. CD1:1 CLERMONT CODE 0 Sec. 1-130. Applicable codes and ordinances. Sec. 1-131. Code enforcement officers. Sec. 1-132. Procedures; investigation of violations; issuance of citations. Sec. 1-133. Payment of fines; court hearings. Sec. 1-134. Procedures for payment of civil penalty. • CD1:2 GENERAL PROVISIONS § 1-2 0 ARTICLE I. IN GENERAL Charter. The term "Charter" means the Charter of the City of Clermont, Florida, as printed in Sec. 1-1. Designation and citation of Code. part I of this volume. The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Clermont, Florida," and may be so cited. Such Code may also be cited as the "Clermont Code." The Code consists of subparts A and B. (Code 1962, § 1-1; Code 1998, § 1-1; Code 2008, § 1-1) Sec. 1-2. Definitions and rules of construction. The following definitions and rules of construc- tion shall apply to this Code and to all ordinances unless the context requires otherwise. Generally. (1) All provisions shall be liberally construed to effect their purpose in the interest of public, health, safety, and welfare of the citizens of the city. (2) Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropri- ate meanings shall be construed accord- ing to such meanings. (3) Provisions shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. (4) Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands. (5) Where there is an apparent conflict between specific and general provisions, the specific shall control. Agencies or officers. Any reference to a federal, state or local agency or officer shall include any successor agency or officer. City. The term "city" means the City of Cler- mont, Florida. The term "city" extends to and includes the city's several officers, agents, boards, committees and employees. City council or council. The term "city council" or "council" means the city council of the City of Clermont. Code. The term "Code" means the Code of Ordinances, City of Clermont, Florida. The Code consists of subparts A and B. Computation of time. In computing any period of time mentioned in the provisions of this Code, when the period is stated in days or a longer unit of time: (1) Begin counting from the next day that is not a Saturday, Sunday, or legal holiday; (2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and (3) Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. State law reference —Similar provisions, Fla. R. Gen. Prac. & Jud. Admin. Rule 2.514. Conjunctions. In a provision involving two or more items, conditions, provisions, or events, which items, conditions, provisions, or events are connected by the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows, except that the terms "and" and "or" may be interchangeable when the context so requires: (1) The term "and" indicates that all the connected terms, conditions, provisions, or events apply. CD1:3 § 1-2 CLERMONT CODE (2) The term "or" indicates that the con- nected terms, conditions, provisions, or events apply singly or in any combina- tion. (3) The term "either ... or" indicates that the connected terms, conditions, provisions, or events apply singly but not in combina- tion. County. The term "county" means Lake County, Florida. Delegation of authority. Whenever a provision or section appears requiring the head of a depart- ment or some other city official, city officer or city employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty, unless the terms of the provision or section specify otherwise. F.A.C. The abbreviation "F.A.C." means to the latest edition or supplement of the Florida Administrative Code. F.S., state acts. Whenever the abbreviation "F.S." is used, it shall refer to the latest edition or supplement of the Florida Statutes. All refer- ences to state acts are to such acts as now or hereafter amended. Gender. Words of gender include all genders. Includes. The term "includes" does not limit a term to a specified example but is intended to extend its meaning to all other instances or circumstances of like kind or character. Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons. Keeper and proprietor. The terms "keeper" and "proprietor" mean and include persons, whether acting by themselves or acting as a servant, agent or employee. May. The term "may" is to be construed as being permissive and not mandatory. May not. The term "may not" has a prohibitory effect and states a prohibition. Month. The term "month" means a calendar month. Must. The term "must" is to be construed as being mandatory. Number. Words in the singular include the plural. Words in the plural include the singular. Oath. The term 'bath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." Officials, employees, boards, commissions or other agencies. Whenever reference is made to officials, employees, boards, commissions or other agencies by title only, the reference refers to the officials, employees, boards, commissions or other agencies of the city. Owner. The term 'owner," as applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corpora- tion, any limited liability company, any partner- ship, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity. Personal property. The term "personal property" includes every species of property, except real property. Real property. The term "real property" includes lands, tenements and hereditaments. Shall. The term "shall' is to be construed as being mandatory. Signature and subscription. The terms "signature" and "subscription" include a mark when the person cannot write. State. The term "state" means the State of Florida. • l� u CD1:4 • • GENERAL PROVISIONS § 1-5 Tenant, occupant. The term "tenant" or "occupant," applied to a building or land, includes any person holding a written or oral lease, or who occupies the whole or a part of such build- ings or land, either alone or with others. Tense. Terms used in the past or present tense include the future as well as the past and present. Week. The term "week" shall be construed to mean seven consecutive days. Will. The term "will" is to be construed as being mandatory. Written or in writing. The term "written" or "in writing" is to be construed to include any representation of words, letters or figures, whether by printing or otherwise. Year. The term "year" means a calendar year. (Code 1962, § 1-2; Code 1998, § 1-2; Code 2008, § 1-2; Ord. No. 227-C, § 1, 3-22-1983) Sec. 1-3. Catchlines of sections; history notes; references. (a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted. (b) History notes that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect. (c) Editor's notes, cross references and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect. (d) Unless specified otherwise, all references to chapters, sections or subsections are to chapters or sections of this Code. (Code 1998, §§ 1-3-1-6; Code 2008, §§ 1-3-1-6) Sec. 1-4. Effect of repeal of ordinances. (a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any previously repealed ordinance. (b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amend- ment or repeal. (c) The repeal or amendment of an ordinance does not affect any vested right, privilege, obliga- tion, or liability. (Code 1962, § 1-4; Code 1998, § 1-10; Code 2008, § 1-10) Sec. 1-5. Amendments to Code; effect of new ordinances; amendatory language. (a) All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. (b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section number of this Code in substantially the follow- ing language: "That section of the Code of Ordinances, City of Clermont, Florida, is hereby amended to read as follows:...." The new provi- sions shall then be set out in full as desired. (c) If a new section not heretofore existing in the Code, is to be added, the following language shall be used: "That the Code of Ordinances, City of Clermont, Florida, is hereby amended by adding a section, to be numbered (c)(c), which section reads as follows:...." The new section should then be set out in full as desired. (d) All provisions desired to repealed should be repealed specially by section, subdivision, division, article, or chapter number, as appropri- ate, or by setting out the repealed provisions in full in the repealing ordinance. (Code 1962, § 1-6; Code 1998, § 1-11; Code 2008, § 1-11) CD1:5 § 1-6 Sec. 1-6. Supplementation of Code. CLERMONT CODE (a) By contract or by city personnel, supple- ments to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, non - substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivi- sions of the Code printed in the supple- ment and make changes in catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accom- modate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this subpart," "this chapter," "this article," "this division," etc., as the case may be, or to "sections to ." The inserted section numbers will indicate the sec- tions of the Code which embody the substantive sections of the ordinance incorporated into the Code; and (5) Make other nonsubstantive changes neces- sary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. (Code 2008, § 1-12) Sec. 1-7. General penalty; continuing violations. (a) In this section, the term 'violation of this Code" means any of the following: (1) Doing an act that is prohibited or made or declared unlawful, an offense, a misdemeanor, or a violation by ordinance, or by order, rule or regulation authorized by ordinance. (2) Failure to perform an act that is required to be performed by ordinance or by order, rule or regulation authorized by ordinance. (3) Failure to perform an act if the failure is prohibited or is made or declared unlaw- ful, a misdemeanor, an offense, or a violation by ordinance, by statute adopted by reference in this Code or by order, rule or regulation authorized by ordinance. (b) In this section, the term 'violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section. (c) Except as otherwise provided by law or ordinance: (1) A person convicted of a violation of this Code shall be sentenced to pay a fine not to exceed $500.00 and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law, or any combination thereof. • • CD1:6 GENERAL PROVISIONS § 1-11 0 • • (2) With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. (3) With respect to violations that are not continuous with respect to time, each act constitutes a separate offense. (d) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions or equitable relief. (e) Violations of this Code that are continuous with respect to time are hereby declared to be a public nuisance and are subject to abatement by injunctive or other equitable relief. The imposi- tion of a penalty does not prevent equitable relief. (Code 1962, § 1-8; Code 1998, § 1-15; Code 2008, § 1-15; Ord. No. 227-C, § 1, 3-22-1983) Sec. 1-8. Severability. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. (Code 1962, § 1-5; Code 1998, § 1-13; Code 2008, § 1-13) Sec. 1-9. Provisions deemed continuation of existing ordinances. The provisions of this Code, insofar as they are substantially the same as legislation previ- ously adopted by the city relating to the same subject matter, shall be construed as restate- ments and continuations thereof and not as new enactments. (Code 1998, § 1-7; Code 2008, § 1-7) Sec. 1-10. Code does not affect prior offenses or rights. (a) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code. (b) The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any ordinance on the effective date of this Code. (Code 1998, § 1-8; Code 2008, § 1-8) Sec. 1-11. Certain ordinances not affected by Code. (a) Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code: (1) Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this Code. (2) Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract, right, agreement, lease, deed or other instrument or obligation assumed by the city. (3) Any administrative ordinances or resolu- tions of the city not in conflict or inconsistent with this Code. (4) Any right or franchise granted by any ordinance. (5) Any ordinance or resolution dedicating, naming, establishing, locating, relocat- ing, opening, paving, widening, repair- ing, vacating, etc., any street or public way in the city. (6) Any appropriation ordinance. (7) Any ordinance levying or imposing taxes, charges, rates or fees. (8) Any ordinances prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones. (9) Any rezoning ordinance or amendment to the zoning map. (10) Any ordinance establishing and prescrib- ing the street grades of any street. § 1-11 CLERMONT CODE (11) Any ordinance providing for local improve- ments and assessing taxes therefor. (12) Any ordinance dedicating or accepting any plat or subdivision in the city. (13) Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city. (14) Any ordinance establishing positions, clas- sifying positions, setting salaries of city officers and employees or any personnel regulations, or any ordinance regarding pension or retirement plans, funds or benefits. (15) Any temporary or special ordinances. (16) Any ordinance calling elections or prescrib- ing the manner of conducting the elec- tion in accordance with state law. (17) Any ordinance amending the city Charter. (18) Any ordinance the purpose of which has been accomplished. (b) All such ordinances described in subsec- tion (a) of this section are recognized as continu- ing in full force and effect to the same extent as if set out at length in this Code and are on file in the city clerk's office. (Code 1998, § 1-9; Code 2008, § 1-9; Ord. No. 202, § 3, 4-20-1962) Secs. 1-12-1-40. Reserved. ARTICLE II. CODE ENFORCEMENT* DIVISION 1. GENERALLY Sec. 1-41. Intent of article. It is the intent of this article to appoint a municipal code enforcement board with the authority to impose administrative fines and other noncriminal penalties to promote, protect, and improve the health, safety, and welfare of the city and to provide an equitable, expeditious, effective, and an inexpensive method of enforc- ing any of the city's Codes and ordinances in *State law reference —Code enforcement, F.S. ch. 162. force where a pending of repeated violation exists or continues to exist. This article has been enacted pursuant to the authority of F.S. ch. 162. (Code 1998, § 2-186; Code 2008, § 2-186; Ord. No. 265-C, § 1(2-51), 3-27-1990; Ord. No. 2016-34, § 1, 7-26-2016; Ord. No. 2022-007, § 1(2-186), 2-22-2022) State law reference —Similar provisions, F.S. § 162.02. Sec. 1-42. Alternate code enforcement system. The city hereby adopts an alternate code enforcement system which gives the code enforce- ment board appointed by the city council the authority to hold hearings and assess fines against violators of the city codes and ordinances. (Code 1998, § 2-188; Code 2008, § 2-187; Ord. No. 265-C, § 1(2-52), 3-27-1990; Ord. No. 2016-34, § 1, 7-26-2016; Ord. No. 2022-007, § 1(2-187), 2-22-2022) State law reference --Similar provisions, F.S. § 162.13. Sec. 1-43. Supplemental enforcement. Nothing contained in this article shall prohibit the city from enforcing its codes by any other means. (Code 1962, § 2-63; Code 1998, § 2-189; Code 2008, § 2-188; Ord. No. 265-C, § 1(2-70), 3-27- 1990; Ord. No. 2016-34, § 1, 7-26-2016) State law reference —Similar provisions, F.S. § 162.13. Secs. 1-44-1-74. Reserved. DIVISION 2. CODE ENFORCEMENT BOARDt Sec. 1-75. Created; jurisdiction; powers and duties; enforcement by courts. (a) There is hereby created a municipal code enforcement board pursuant to F.S. ch. 162. tState law reference —Code enforcement board, F.S. § 162.05. • • • CD1:8 GENERAL PROVISIONS § 1-99 0 • • (b) The city code enforcement board shall have jurisdiction to hear and decide cases in which violations are alleged of any provisions of the city Code and its ordinances. (c) The code enforcement board shall have all of the powers and duties granted under F.S. ch. 162, as amended. The city hereby adopts such provision by reference as if set out fully herein. (d) The regular meetings of the code enforce- ment board shall be on such dates and times as may be designated by the city manager. (e) Any alleged violations of such Code and ordinances may also be enforced in any court of competent jurisdiction. (Code 1962, § 2-51; Code 1998, § 2-206; Code 2008, § 2-206; Ord. No. 265-C, § 1(2-51), 3-27- 1990; Ord. No. 2016-34, § 2, 7-26-2016; Ord. No. 2022-007, § 2(2-206), 2-22-2022) Sec. 1-76. Appointment and qualifications. The city code enforcement board shall consist of seven members each to be appointed by the city council in accordance with F.S. ch. 162, as amended. A member must be a qualified elector of the city. (Code 1962, § 2-52; Code 1998, § 2-208; Code 2008, § 2-207; Ord. No. 265-C, § 1(2-54(B)-(D)), 3-27-1990; Ord. No. 2016-34, § 2, 7-26-2016; Ord. No. 2022-007, § 2(2-207), 2-22-2022) State law reference -Similar provisions, F.S. § 162.05(3). Sec. 1-77. Counsel named. The city attorney shall serve as counsel to the city in all matters before the code enforcement board. (Code 1962, § 2-55; Code 1998, § 2-212; Code 2008, § 2-208; Ord. No. 225-C, § 5, 11-9-1982; Ord. No. 353-C, § 1, 1-9-2007; Ord. No. 2016-34, § 2, 7-26-2016; Ord. No. 2022-007, § 2(2-208), 2-22-2022) Secs. 1-78-1-97. Reserved. DIVISION 3. CITATIONS GENERALLY Sec. 1-98. Procedure if violation presents serious threat. If the inspector has reason to believe a viola- tion presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the inspec- tor shall make a reasonable effort to notify the violator and may immediately notify the code enforcement board and request a hearing thereon. (Code 1998, § 2-216; Code 2008, § 2-216; Ord. No. 265-C, § 1(2-59), 3-27-1990) State law reference -Similar provisions, F.S. § 162.06(4). Sec. 1-99. Conduct of hearings. (a) Rules to be adopted. The code enforcement board shall adopt rules for governing the conduct of its affairs not inconsistent with the provision of this division. (b) Additional meetings and locations. The code enforcement board may set, by motion, additional meetings and locations as required. Meetings may be called by the chairperson or vice -chairperson in the absence or unavailability of the chairman. (c) Minutes. Minutes shall be kept of all hear- ings, specifically including the vote of each member upon each question, by the code enforcement board and all hearings and proceedings shall be open to the public. All testimonies shall be under oath and mechanically recorded. (d) Hearing room; personnel. The city shall provide a hearing room, and clerical and administrative personnel as may be reasonably required by the code enforcement board to conduct its hearing and perform its duties. (e) Presentation of cases. Each case before the code enforcement board shall be presented by the department head, code enforcement officer or designee of the city department which is charged with the responsibility for enforcement of these specific code sections alleged to have been violated. The designated representative shall present cases before the code enforcement board. (f) Evidence. All relevant evidence shall be admitted if, in the opinion of the code enforce- ment board, it is the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in a civil action. CD1:9 § 1-99 CLERMONT CODE The chairperson of the code enforcement board may exclude irrelevant or unduly repetitious evidence. (g) Witnesses and exhibits. Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross examine oppos- ing witnesses, impeach witnesses and rebut evidence. (h) Representation by attorney. The alleged violator has the right, at the violator's own expense, to be represented by an attorney at any board hearing. (i) Testimony. All testimony before the board shall be under oath and shall be recorded. The alleged violator or the city may cause the proceed- ings to be recorded by a certified court reporter or by a recording instrument. 0) Burden of proof. The burden of proof shall be with the code inspector to show by the greater weight of evidence that a Code violation exists and that the alleged violator committed or was responsible for maintaining the violation. (k) Absence of violator. If notice of the public hearing has been provided pursuant to this article to an alleged violator, the hearing may be conducted, and an order rendered in absence of the violator. (Code 1962, § 2-57; Code 1998, § 2-217; Code 2008, § 2-217; Ord. No. 265-C, § 1(2-60), 3-27- 1990) Sec. 1-100. Appeal of final administrative orders. An aggrieved party, including the city, may appeal a final administrative order of the code enforcement board to the circuit court. Such an appeal shall not be a hearing to de novo but shall be limited to appellate review of the record created before the code enforcement board. An appeal shall be filed within 30 days from the date of the rendition of the order to be appealed. A copy of the notice of appeal shall be filed with the secretary for the code enforcement board and with the clerk of the circuit court, appellate division for the 13th judicial circuit of the state. (Code 1962, § 2-61; Code 1998, § 2-222; Code 2008, § 2-222; Ord. No. 265-C, § 1(2-65), 3-27- 1990) State law reference —Appeals, F.S. § 162.11. Secs. 1-101-1-128. Reserved. DIVISION 4. SUPPLEMENTAL CITATIONS Sec. 1-129. Authorization. In accordance with and under the authority of F.S. ch. 162, pt. II (F.S. 162.21 et seq.), the city hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of citations for violation of city codes and ordinances. Nothing contained herein shall prohibit the city's enforcement of its codes or ordinances by any other means. (Code 1998, § 2-224; Code 2008, § 2-224; Ord. No. 354-C, § 2, 1-9-2007) Sec. 1-130. Applicable codes and ordinances. The following Code provisions of this Code may be enforced pursuant to the supplemental code enforcement citation procedures contained herein. The corresponding fine amount shall be the reduced civil penalty that a person may pay in the event the person elects not to contest the citation. The reduced civil penalty shall be in addition to any clerk or court filing costs that may be imposed in accordance with applicable law. The schedule of Code provisions provided in the table below shall include such codes and ordinances as they may be from time to time amended, renumbered, codified or re -codified, including codes and ordinances enacted subsequent to the adoption of this article. Reduced Civil Penalty Chapter 4—Alcoholic Bever- $200.00 ages Chapter 6—Animals $100.00 Chapter 10, Article $200.00 II —Solicitors, Peddlers and Itinerant Vendors Chapter 18—Environment $250.00 and Natural Resources • CD1:10 GENERAL PROVISIONS § 1-132 0 • • Reduced Civil Penalty Chapter 22—Mobile Homes $200.00 and Recreational Vehicles Chapter 24—Offenses and $250.00 Miscellaneous Provisions Chapter 32—Streets, $200.00 Sidewalks and Other Public Places Chapter 117—Signs $250.00 (Code 1998, § 2-225; Code 2008, § 2-225; Ord. No. 354-C, § 2, 1-9-2007; Ord. No. 2016-42, § 2, 10-25-2016) Sec. 1-131. Code enforcement officers. (a) The city council of the city is hereby authorized to designate, by resolution, certain employees or agents as code enforcement officers. Code enforcement officers so designated shall have the powers and limitations as prescribed herein and by statute. (b) A code or ordinance violation for which a citation is issued pursuant to this article shall be deemed a civil infraction. (Code 1998, § 2-226; Code 2008, § 2-226; Ord. No. 354-C, § 2, 1-9-2007) Sec. 1-132. Procedures; investigation of violations; issuance of cita- tions. (a) A code enforcement officer is hereby authorized to issue a citation to any person for violation of any code or ordinance listed in section 1-130 when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that a violation has occurred. The term "person" shall include an individual, corporation, business trust, estate, partnership, association, two or more persons having a joint or common interest, or any other legal entity. (b) Except as provided by subsection (c) of this section, the code enforcement officer shall provide notice to the person that the person has committed a violation of such code or ordinance and shall establish a reasonable time period within which the person must correct the viola- tion. Such time period to correct the violation shall not exceed 30 days. (c) A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforce- ment officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (d) Written warning notices, if applicable, and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, issuance of a written warning notice or citation may be accomplished by leaving a copy at the alleged violator's residence with any person residing therein who is 15 years of age or older and informing the person of the contents, or by registered or certified mail, return receipt requested. (e) Issuance of a written warning notice or citation to a business may be accomplished by leaving a copy at the business during regular business hours with any employee and informing the employee of the contents, or by registered or certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations. (f) If upon personal investigation the code enforcement officer finds that the violation has not been corrected within the time period, a code enforcement officer may issue a citation for a civil infraction to the person accused of commit- ting the violation. (g) The citation shall be in such form as prescribed by resolution of the council and consistent with the requirements of F.S. ch. 162, pt. II (F.S. § 162.21 et seq.). (h) Each violation of a code or ordinance is a separate civil infraction. Each day such violation continues shall be deemed to constitute a separate civil infraction. (i) The maximum civil penalty for each viola- tion shall not exceed $500.00, plus any applicable court costs. CD1:11 § 1-132 CLERMONT CODE 0) After issuing a citation to an alleged viola- tor, the code enforcement officer shall: (1) Deposit the original citation and one copy of the citation with the clerk of court for the county court; (2) Provide the person cited with one copy; and (3) Retain one copy in the code enforcement officer's department or division file. (k) If the person cited refuses to sign the citation, the code enforcement officer shall write the words "refused" or "refused to sign" in the space provided for the person's signature. The code enforcement officer shall then leave a copy of the citation with the person cited, if possible, and shall contact the city police department to file the necessary reports alleging a violation of F.S. § 162.21(6), which provides that a person who willfully refuses to sign and accept a cita- tion issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083. (Code 1998, § 2-227; Code 2008, § 2-227; Ord. No. 354-C, § 2, 1-9-2007) Sec. 1-133. Payment of fines; court hear- ings. (a) If a person elects not to contest the cita- tion, the person shall pay in full the applicable reduced civil penalty as set forth in section 1-130 to the clerk of the court within 14 days after issuance of the citation. (b) If the person cited elects to pay the applicable reduced civil penalty set forth in section 1-130, the person shall be deemed to have admitted the infraction and waived the right to a hearing. If the person cited fails to pay the civil penalty by the 14th day after issuance of the citation or fails to request a court hearing within the time prescribed, the person shall have waived any right to contest the citation, and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty, which shall not exceed $500.00 plus applicable court costs. (c) If the person elects to contest the citation, the person shall appear in court before a county court judge on such date and time as provided for on the citation to request a hearing date. The date and time on the citation to request a hearing date shall not be sooner than 21 days after the citation is issued. (d) A county judge, after a hearing on the citation, shall make a determination whether or not a violation of this article has been commit- ted. If a violation is found to have occurred, the county judge may impose a civil penalty up to the maximum civil penalty in an amount not to exceed $500.00, and a definite term of imprison- ment, not to exceed 60 days, in such facility as authorized by law, plus applicable court costs. (e) The judge may provide for the civil penalty to be paid within such time as the judge determines to be appropriate. If the person found to be in violation fails to pay the fine within the time provided, a civil judgment shall be entered against that person in the amount up to the maximum civil penalty not to exceed $500.00. (f) Should the person cited schedule a hearing as provided for herein, and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty, plus applicable court costs; provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, the clerk shall notify the code enforcement officer and the person cited of the date and time of the new hearing. (Code 1998, § 2-228; Code 2008, § 2-228; Ord. No. 354-C, § 2, 1-9-2007) Sec. 1-134. Procedures for payment of civil penalty. Payment of any civil penalty imposed by this division shall be made to the clerk of the court, who shall forward the monies collected to the administrative services director for the city for deposit into the appropriate city fund for distribu- • CD1:12 GENERAL PROVISIONS 0 • tion and use by the code enforcement division of the city department that issued the citation upon which the penalty was collected. If a judgment has been entered for the civil penalty, the clerk of the court shall notify the city when the judgment has been paid, and the necessary satisfaction of judgments shall be prepared and recorded in the official records of the county. A portion, as determined by the clerk of the court and approved by the city, of each penalty col- lected shall be retained by the clerk of the court as an administrative fee. (Code 1998, § 2-229; Code 2008, § 2-229; Ord. No. 354-C, § 2, 1-9-2007) § 1-134 CD1:13 • Chapter 2 ADMINISTRATION* Article I. In General Secs. 2-1-2-18. Reserved. Article H. City Council Sec. 2-19. Qualifications. Sec. 2-20. Oath. Sec. 2-21. Compensation of mayor and councilmembers. Sec. 2-22. Meetings. Sec. 2-23. Rules and journal. Sec. 2-24. Representing the city in such manner as to create obligation. Secs. 2-25-2-51. Reserved. Article III. Boards, Committees and Commissions Sec. 2-52. Official committees, boards and commissions. Secs. 2-53-2-77. Reserved. Article IV. Officers and Employees Division 1. Generally Seca. 2-78-2-97. Reserved. Division 2. City Manager Sec. 2-98. Revenue appropriations. Sec. 2-99. Compensation. Seca. 2-100-2-126. Reserved. Division 3. City Attorney Sec. 2-127. Office created; compensation; qualifications; duties. Secs. 2-128-2-152. Reserved. Division 4. City Clerk Sec. 2-153. General duties; minute book of council; record and publication of ordinances. Secs. 2-154-2-174. Reserved. Article V. Finance Generally Sec. 2-175. Purchasing policy. Sec. 2-176. Disposition of fees paid to city. 0 *State law reference —Municipal Home Rule Powers Act, F.S. ch. 166. CD2:1 ADMINISTRATION § 2-51 0 • ARTICLE I. IN GENERAL Secs. 2-1-2-18. Reserved. ARTICLE 11. CITY COUNCIL* Sec. 2-19. Qualifications. Any person seeking election to any city office must, at the time of filing a petition for qualifica- tion: (1) Be 18 years of age or older. (2) Be a registered elector residing in the city. (Code 2008, § 2-31; Laws of Fla. ch. 69-959, § 3(c); Laws of Fla. ch. 73-433, § 2; Ord. No. 140-C, § 1(c)-(f), 10-28-1975; Ord. No. 234-C, § 1(a), (b), 5-24-1983) Sec. 2-20. Oath. Elected officials shall take the oath of office at the next regularly scheduled meeting of the city council following their elections. (Code 2008, § 2-32; Laws of Fla. ch. 69-959, § 3(d); Laws of Fla. ch. 73-433, § 2; Ord. No. 140-C, § 1(c)-(f), 10-28-1975; Ord. No. 234-C, § 1(a), (b), 5-24-1983; Ord. No. 274-C, § 1, 6-9-1992) State law reference -Oath, F.S. § 876.05. Sec. 2-21. Compensation of mayor and councilmembers. (a) Reasonable expenses incurred in the performance of the duties of this office shall be paid by the city. Effective January 1, 2019, the mayor shall receive compensation or a salary of $650.00 per month. (b) Reasonable expenses incurred in the performance of the duties of this office shall be paid by the city. The councilmembers shall receive compensation or a salary of $550.00 per month. *State law references -Public meetings and records, F.S. § 286.011; public records, F.S. ch. 119; minimum procedural requirements and prohibitions for adoption of ordinances and resolutions, F.S. § 166.041. (c) Effective January 1, 2020, and annually each year thereafter, the compensation or salary for the mayor and councilmembers shall be adjusted by the applicable Consumer Price Index for All Urban Customers, U.S. City Average, published by the Bureau of Labor Statistics of the United States Department of Labor as of January 1. (Code. 1962, § 2-7; Code 1998, § 2-33; Code 2008, § 2-33; Ord. No. 270-C, § 1, 10-9-1990; Ord. No. 2017-07, § 1, 2-14-2017) Sec. 2-22. Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of three or more members and whenever practicable, upon no less than six hours' written notice to each member. (Code 2008, § 2-34; Laws of Fla. ch. 67-1217, art. II, § 13(a)) State law reference -Public meetings, F.S. § 286.011. Sec. 2-23. Rules and journal. The council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (Code 2008, § 2-35; Laws of Fla. ch. 67-1217, art. II, § 13(b)) Sec. 2-24. Representing the city in such manner as to create obligation. No person may represent the city before any body, group, board, or person whatsoever and obligate the city in any manner, without author- ity to do so granted by the city council. (Code 1962, § 2-3; Code 1998, § 2-36; Code 2008, § 2-36; Ord. No. 172-C, § 3, 4-25-1978) Secs. 2-25-2-51. Reserved. CD2:3 § 2-52 CLERMONT CODE ARTICLE III. BOARDS, COMMITTEES AND COMMISSIONS* Sec. 2-52. Official committees, boards and commissions. (a) The city council may create special com- mittees. Appointments to special committees, or to any official board or commission, shall be made by the city council, except as provided by the Charter or by the council. (b) Qualifications for membership on any official committee, board or commission, except for special technical advisory committees, shall be the same as qualifications for the city council, except as otherwise provided by law, ordinance or by majority vote of the city council. (c) At its first regular meeting in January of each year, or as soon as possible thereafter, appointments will be made to all vacancies on committees, boards and commissions. Vacancies occurring before the expiration of a term shall be filled as soon as practical after the vacancy occurs. (d) Any member shall forfeit the member's office if the member: (1) Lacks, at any time during the member's term of office, any qualifications for the office; (2) Is convicted of a crime involving moral turpitude; or (3) Fails to attend three consecutive regular meetings of the member's board without having been excused by the board. (Code 1962, § 2-2; Code 1998, § 2-61; Code 2008, § 2-61; Ord. No. 172-C, § 2, 4-25-1978) Secs. 2-53-2-77. Reserved. ARTICLE IV. OFFICERS AND EMPLOYEES DIVISION 1. GENERALLY Secs. 2-78-2-97. Reserved. *State law reference —Suspension or removal of municipal board members, F.S. § 112.501. DIVISION 2. CITY MANAGER Sec. 2-98. Revenue appropriations. (a) If during the fiscal year the city manager certifies that there are available for appropria- tion revenues in excess of those estimated in the budget, the city council, by resolution, or as otherwise provided by law, may make supplemental appropriations for the year up to the amount of such excess. (b) If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, the city manager shall report to the city council without delay, indicat- ing the estimated amount of the deficit, any remedial action taken by the city manager and the manager's recommendations as to any other steps to be taken. The city council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by resolution, or as otherwise provided by law, reduce one or more appropria- tions. (Code 2008, § 2-126; Laws of Fla. ch. 67-1217, art. VI, § 5; Ord. No. 358-C, § 1, 7-22-2008) Sec. 2-99. Compensation. The city manager shall receive such compensa- tion as the city council may determine by recorded vote. (Code 2008, § 2-127; Laws of Fla. ch. 67-1217, art. V, § 4) Secs. 2-100-2-126. Reserved. DIVISION 3. CITY ATTORNEY Sec. 2-127. Office created; compensation; qualifications; duties. The city council shall appoint a person as city attorney and provide for the person's compensa- tion. The city attorney shall be a person admit- ted to the bar and licensed to practice in all courts of the state and shall be appointed solely • • CD2:4 ADMINISTRATION § 2-176 0 • • on the basis of the person's qualifications for the office. The attorney shall have such duties as prescribed by the council. (Code 1962, § 2-5; Code 1998, § 2-146; Code 2008, § 2-146; Ord. No. 172-C, § 5, 4-25-1978) Secs. 2-128-2-152. Reserved. DIVISION 4. CITY CLERK Sec. 2-153. General duties; minute book of council; record and publica- tion of ordinances. The city clerk shall record all proceedings of the council and enter the same in the minute book, which shall be available to the public during regular business hours of the clerk's office. The clerk shall maintain separate books for the recording and preserving of all ordinances duly passed and adopted by the council. Copies of the ordinance passed or resolutions adopted need not be placed in the minute book. The city clerk shall cause all notices of public hearings and other legal announcements to be published and posted according to law. All proofs of publica- tion of notices pertaining to an ordinance or resolution shall be preserved. (Code 1962, § 2-4; Code 1998, § 2-166; Code 2008, § 2-166; Ord. No. 172-C, § 4, 4-25-1978) Secs. 2-154-2-174. Reserved. ARTICLE V. FINANCE GENERALLY* Sec. 2-175. Purchasing policy. (a) The city council shall adopt, by resolution, a purchasing policy to be administered by the city manager or purchasing agent designated by the city manager. (b) The purchasing policy may be amended from time to time by resolution of the city council if deemed in the best interest of the city. *State law references —Municipal borrowing, F.S. § 166.101 et seq.; municipal finance and taxation, F.S. § 166.201 et seq.; financial matters pertaining to political subdivisions, F.S. ch. 218. (c) The purchasing policy shall apply to all city departments and other governmental opera- tions under the jurisdiction of the city council. (d) The purchasing policy shall establish procedures for the procurement process that will protect the integrity of the city and be available for public scrutiny. (Code 1962, § 2-8; Code 1998, § 2-241; Code 2008, § 2-241) Sec. 2-176. Disposition of fees paid to city. It shall be unlawful for any officer or employee of the city to retain any fees which may be paid to the officer or employee under the provisions of any ordinance of the city which provides for the collection of fees. All such fees as are collected by any officer or employee of the city shall be forthwith paid by such officer or employee to the finance director, who will deposit such funds to the credit of the particular fund which is entitled to such fees. (Code 1962, § 2-1; Code 1998, § 2-242; Code 2008, § 2-242; Ord. No. 172-C, § 1, 4-25-1978) CD2:5 • • Chapter 3 RESERVED CD3:1 Chapter 4 ALCOHOLIC BEVERAGES* Sec. 4-1. Licensing vendors near school or church; standard of measure- ment. Sec. 4-2. Hours of sale. Sec. 4-3. Consumption or possession upon public property; penalty. • 0 *State law reference —Alcoholic beverages, F.S. ch. 561 et seq. CD4:1 ALCOHOLIC BEVERAGES § 4-3 0 • • Sec. 4-1. Licensing vendors near school or church; standard of measure- ment. No license shall be granted to any licensee under this chapter for the on -site consumption of alcohol where the vendor's or licensee's place of business is within 500 feet of a school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of a school, to the nearest point of the school grounds in use as part of the school facilities. Within the central business zoning district (CBD), the 500-foot distance to a school shall not apply for a business that sells alcoholic beverages for package or on -site consumption, regardless of which was established first. (Code 1962, § 3-3; Code 1998, § 6-1; Code 2008, § 6-1; Ord. No. 3-C, § 1, 6-18-1963; Ord. No. 228-C, § 3, 3-22-1983; Ord. No. 243-C, § 1, 11-13-1984; Ord. No. 2011-03-C, § 2, 7-12-2011) State law reference —Authority to regulate location, F.S. §§ 562.14, 562.45(2). Sec. 4-2. Hours of sale. No alcoholic or intoxicating beverages may be sold, consumed or served, or permitted to be sold, consumed or served in any establishment hold- ing a license under the state beverage laws between the hours of 2:00 a.m. and 7:00 a.m. on any day. (Code 1962, § 3-4; Code 1998, § 6-2; Code 2008, § 6-2; Ord. No. 23-C, 9-13-1966; Ord. No. 54-C, § 1, 2-9-1971; Ord. No. 77-C, § 1, 8-8-1972; Ord. No. 83-C, § 2, 2-13-1973; Ord. No. 136-C, § 1, 8-12-1975; Ord. No. 357-C, § 1, 6-10-2008) State law reference —Authority to regulate hours of sale, F.S. §§ 562.14, 562.45(2). Sec. 4-3. Consumption or possession upon public property; penalty. (a) Generally. It shall be unlawful for any person to consume any alcoholic beverage, includ- ing beer and wine, upon any city owned parks and beaches, city property or street, alley or sidewalk of the city, except as provided for in chapter 32, article V. This subsection shall not apply to any city owned property which is subject to a management contract, or sidewalk cafes. For those properties, alcohol consumption shall be governed by rules established jointly by the managing entity and the city manager. Further, this section shall not apply to those portions of the above -named properties included within the boundaries established by the city council for a special event for which permission to consume alcoholic beverages is given in conjunction with the permission for the event. In addition, the city council shall have the right to limit the type of alcoholic beverage to be consumed when grant- ing any such permit. (b) Carrying open containers. It shall be unlaw- ful for any person to carry an opened bottle, can, or other container containing an alcoholic bever- age, including beer and wine, upon any city parks, city beaches, city property or street, alley or sidewalk of the city, except as provided for in chapter 32, article V, pertaining to the downtown and waterfront entertainment district, as described in subsection (c) of this section. Further, this subsection shall not apply to those portions of the above -named properties included within the boundaries established by the city council for a special event for which permission to carry open containers of alcoholic beverages is given in conjunction with the permission for the event, or sidewalk cafes. In addition, the city council shall have the right to limit the type of alcoholic beverage to be consumed when granting any such permit. In no event will consumption occur directly from glass containers. (c) Downtown and waterfront entertainment district. Open containers for alcoholic beverages may be permitted within the downtown and waterfront entertainment district as described in chapter 32, article V. (d) Permits, procedure. Notwithstanding subsections (a) and (b) of this section, permits for the consumption of alcoholic beverages in parks and recreation areas may be obtained by applica- tion to the city manager or the city manager's designee in accordance with the following procedure. (1) A person seeking issuance of a permit shall file an application stating the fol- lowing: a. The name, address and age of the applicant; CD4:3 § 4-3 CLERMONT CODE b. The name and address of the person or association sponsoring the activ- ity, if any; C. The day and hours for which the permit is desired; d. The park or portion thereof for which the permit is desired; e. Any other information reasonably necessary to a determination as to whether a permit should be issued; f. Variances required from park rules. (2) A use permit shall be issued if the city manager determines: a. The proposed activity or use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park. b. The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. C. The proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct. d. The proposed activity will not entail extraordinary or burdensome expense or police operation by the city. e. The facilities desired have not been reserved for other use on the date and hour requested in the applica- tion. (e) Appeal. Within ten days after the receipt of an application, the city manager shall inform an applicant in writing of the city manager's decision to grant or deny a permit. For denial, the notification shall include the reason for the denial. Any person denied a permit shall have the right to appeal to the city council by serving written notice thereof on the city clerk within five working days of such refusal. A copy of the notice of appeal, the application, and the reasons for the city manager's refusal shall immediately be forwarded by the city clerk to the city council. (f) Ruling by council. The city council shall rule on the appeal within ten days from the receipt of the appeal by the city clerk or at its first meeting after the appeal, whichever is later. The decision of the city council shall be final. The appeal to the city council shall be de novo. (g) Compliance with park rules. A permittee shall be bound by all park rules and all applicable ordinances fully as though such were inserted in such permits. (h) Insurance requirements. An applicant for a permit shall be required to submit evidence of liability insurance in the amount of $1,000,000.00 covering injuries to members of the general public arising out of such permitted activities. (i) Revocation. The city council shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown. (Code 1962, § 3-5; Code 1998, § 6-3; Code 2008, § 6-3; Ord. No. 22-C, 5-24-1966; Ord. No. 221-C, § 1, 2-23-1982; Ord. No. 2015-01, § 2, 1-13-2015; Ord. No. 2016-33, § 2, 8-23-2016) • is • CD4:4 • • • Chapter 5 RESERVED CD5:1 • Chapter 6 ANIMALS* Article I. In General Sec. 6-1. Purpose and intent. Sec. 6-2. Definitions. Sec. 6-3. Duties of animal control officer. Sec. 6-4. Right of entry of employees. Sec. 6-5. Unlawful interference with animal control officer. Sec. 6-6. Violations and enforcement. Sec. 6-7. Impoundments. Sec. 6-8. Redemption of impounded animals; disposition upon failure to redeem. Sec. 6-9. Animals urinating and defecating. Sec. 6-10. Noisy animals; nuisance. Sec. 6-11. Injury to persons, animals, and property. Sec. 6-12. Female dogs and cats in heat. Sec. 6-13. Duty to keep animals under restraint while off property. Secs. 6-1"-44. Reserved. Article II. Domestic Animals and Wildlife Sec. 6-45. Livestock prohibited; exception. Sec. 6-46. Number of animals permitted. Sec. 6-47. Birds and game sanctuary; unlawful to shoot or trap; bird nests 41 protected. Sec. 6-48. Dangerous animals. Sec. 6-49. Attack or bite by dangerous animals, penalties; confiscation. Sec. 6-50. Confinement of dangerous animals. Sec. 6-51. Wildlife hybrids prohibited. Secs. 6-52-6-75. Reserved. Article M. Rabies -Susceptible Animals Sec. 6-76. Reporting and confinement of rabies -susceptible animals which have bitten people or appear to have rabies. Sec. 6-77. Impoundment, quarantine when suspected of having rabies. Sec. 6-78. Vaccinations required. Sec. 6-79. Certificates and tags. Sec. 6-80. City license fees. Secs. 6-81-6-103. Reserved. Article IV. Care and Shelter of Animals Sec. 6-104. Animal cruelty or neglect. Sec. 6-105. Animals found in distress; when agent may take charge. Sec. 6-106. Confinement of animal in vehicle. Sec. 6-107. Shelter and care of animals. *State law references -Municipal Home Rule Powers Act, F.S. ch. 166; damage by dogs, F.S. ch. 767; animal care and control, F.S. ch. 828. CD6:1 ANIMALS § 6-2 0 �J ARTICLE I. IN GENERAL Sec. 6-1. Purpose and intent. (a) This chapter is enacted in the interest of health, safety and welfare of the citizens and animals of the city pursuant to F.S. chs. 767 and 828, to regulate the possession, ownership, care, and custody of animals. (b) The city is authorized by state law and home rule powers to enforce the provisions of F.S. chs. 767 and 828, and this chapter is intended to supplement and complement the authority of the city with regard to damage by dogs, dangerous animals, and cruelty to animals. (Code 1998, § 10-1; Code 2008, § 10-1; Ord. No. 318-C, 1-8-2002) Sec. 6-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means any living dumb creature. Animal control officer means any person employed or appointed by a county or municipal- ity who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided in this section. Animal in distress means any animal found abandoned, neglected, cruelly treated, injured, starving or wounded. Animal shelter means any premises or facility designated by any governmental entity as a facility for the purpose of impounding and caring for animals. Animal under restraint means any animal secured by a leash, chain, rope, or lead and/or confined within a vehicle or caged or tethered in the open bed of a pick-up truck or confined within the property limits of any parcel of land with the property owner's consent, or confined within a crate or pen. Confiscate means removal of the animal from the care, custody or control of the owner of the animal in instances under this chapter or state law when the animal will only be returned to the owner following a hearing. Control means the regulation of and the pos- session, ownership, care, and custody of animals. Cruelty means any act of neglect, torture, or torment which causes unjust pain or suffering of an animal. Dangerous animal means any animal that according to the records of the division: (1) Has aggressively bitten, attacked, or endangered, or has inflicted severe injury on a human being on public or private property. (2) Has more than once injured or killed a domestic animal while off the owner's property. (3) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and confirmed by the division. Division means the city and/or the city's animal control department. Impound means the removal, usually temporary, of an animal from the care, custody or control of the owner until the animal control officer determines the owner's compliance with an ordinance or state law. Livestock means all goats, sheep, equine, bovine, swine, and includes domestic fowl such as chickens, geese, ducks, turkeys, guineas, and like domestic fowl. Neglect means any act of disregard; to ignore the physical needs of any animal such as the provision of nutritional food, clean water, and basic care. Owner means any person, firm, corporation, or organization, possessing, harboring, keeping or having control or custody of any animal or; if the animal is owned by a person under the age of 18 years, that person's parent or guardian. CD6:3 § 6-2 CLERMONT CODE Proper enclosure of a dangerous animal means, while on the owner's property, a dangerous animal is securely confined indoors or in a securely enclosed locked pen or structure, suitable to prevent the entry of any person or any body part of such person, and designed to prevent the animal from escaping, or partially advancing through. Such pen shall have secure sides, a secure top, and a secure floor to prevent the animal from escaping over, under, or through the structure and shall also provide protection from the elements. Severe injury inflicted on a person by an animal means any physical injury which results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. Unprovoked means that a victim who has been acting peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by an animal. (Code 1998, § 10-3; Code 2008, § 10-3; Ord. No. 318-C, 1-8-2002) Sec. 6-3. Duties of animal control officer. (a) The animal control officer shall be responsible for enforcement of this chapter, other than the criminal provisions hereof, and the provisions of the state statutes relating to animal welfare. (b) The animal control officer shall investigate formal complaints of alleged violations of this chapter, or act on the officer's own determination or reasonable suspicion of a violation and shall issue citations and/or warning notices requiring that violations cease or be corrected. (c) In appropriate cases, the animal control officer may impound animals pursuant to section 6-7, or confiscate animals pursuant to section 6-49. (Code 1998, § 10-4; Code 2008, § 10-4; Ord. No. 318-C, 1-8-2002) Sec. 6-4. Right of entry of employees. The animal control officer shall have the right to enter upon any public property or may enter private property with the consent of the owner or occupant or proper warrant or as otherwise provided by law within the city, for the purposes of examining or capturing any animal. Said officer shall have appropriate identification with them which identifies them as agents of the city when they enter private property for the purpose of this section. The animal control officer shall be exempt from prosecution for trespass on private property when lawfully conducting their duties under this chapter or when said officer reasonably believes that they had the right to enter upon said property under this chapter. (Code 1998, § 10-5; Code 2008, § 10-5; Ord. No. 318-C, 1-8-2002) Sec. 6-5. Unlawful interference with animal control officer. It shall be unlawful to: (1) Interfere with or threaten bodily injury to any animal control officer or employee of the city in the legal performance of duties, or to take or attempt to take an animal from any animal control officer or employee or from any vehicle used by the officer or employee to transport any animal. (2) Take or attempt to take any animal from the animal shelter without proper author- ity. (3) Knowingly remove, without authoriza- tion, an animal from a trap placed by an animal control officer or employee; or without authorization, to knowingly tamper with, damage, or relocate a trap placed by an animal control officer or employee, except that an agent of a society or association for the prevention of cruelty to animals pursuant to F.S. ch. 828, may, for good cause and without authorization, remove an animal from such a trap, and shall notify the division immediately. (Code 1998, § 10-6; Code 2008, § 10-6; Ord. No. 318-C, 1-8-2002) �J • r� CD6A ANIMALS § 6-6 0 • • Sec. 6-6. Violations and enforcement. 4. Confinement of dangerous animal; Any person determined to be in violation of any provision of this chapter may be subject to 5. Animal cruelty or neglect; any one or more of the sanctions set forth below 6. Failure of owner to impound, or as provided in F.S. ch. 767 or 828. quarantine when suspected of (1) An animal control officer or any law having rabies; enforcement officer as defined in F.S. 7. Confinement of animal in § 943.10(1), or its successor, is hereby vehicle. authorized to issue citations for the viola- b. The following violations of this tion of any provision of this chapter chapter shall be subject to a civil when, based upon personal investiga- penalty of $150.00: tion, the officer has reasonable and prob- able grounds to believe that a violation of 1. Female dogs and female cats the Code has occurred. The citation form in heat; shall be that which has been approved by 2. Wildlife hybrids prohibited; the city and shall contain the informa- tion required by F.S. § 828.27(1)(f). 3. Livestock prohibited; (2) Pursuant to F.S. ch. 162, any person 4. Number of animals allowed. cited for a violation of this chapter shall If an owner is charged with commit - be deemed to be charged with a ting the same offense within 12 noncriminal infraction and may be cited months of another conviction, the to appear in county court. Any person fine imposed shall be $300.00. A issued a citation may pay the civil penalty, violation resulting in the issuance either by mail or in person, within ten of a third or subsequent citation to business days of receiving the citation, an owner for the same offense shall except that any person required to appear be subject to a civil penalty of $300.00 in county court as mandated by the Code and shall also require a mandatory shall not have the option of paying a fine county court appearance. in lieu of appearing in county court, or such person may contest the citation at a C. All other infractions shall be subject hearing in county court. to a civil penalty of $50.00. If an owner is charged with committing (3) Noncriminal infractions of this chapter the same offense within 12 months shall be subject to the following civil of another conviction, the fine penalties: imposed shall be $150.00. A viola- a. Infractions involving violations of tion resulting in the issuance of a this chapter of the following types third or subsequent citation to an shall be subject to a civil penalty of owner for the same offense shall be $300.00. Such violations shall also subject to a civil penalty of $300.00 require a mandatory county court and shall also require a mandatory county court appearance. appearance: 1. Unlawful interference with (4) Any person electing to contest the cita- animal control officer; tion and choosing to appear in county 2. Dangerous animals; failure to court shall be deemed to have waived the register, confine or control; limitations in the amount of the civil penalty set forth above. The court, after 3. Attack or bite by dangerous a hearing, shall make a determination as animal; to whether an infraction has been proven. CD6:5 § 6-6 CLERMONT CODE The court may impose reasonable court costs and a civil penalty up to, but not exceeding $500.00. (5) If a person receives a citation, and fails to pay the civil penalty, fails to appear in county court to contest the citation, or fails to appear when a court appearance is mandated pursuant to this Code, the county court may issue an order to show cause upon the request of a representa- tive of the division. This order shall require such person to appear before the court to explain why action on the cita- tion has not been taken. If any person who is issued such an order fails to appear in response to the court's direc- tive, such person may be held in contempt of court. (6) Any person who willfully refuses to sign the citation issued by an animal control officer or law enforcement officer is in violation of this Code and shall be punished pursuant to section 1-7. (7) In addition to the citation authority granted herein, any person who violates this chapter may be charged with a violation of this Code and punished pursu- ant to section 1-7. (8) This chapter may be enforced utilizing any one or more of the alternatives set forth herein. (9) In a proper instance, as set forth in this chapter, an animal may also be impounded or confiscated if required to protect the animal or the general health, safety and welfare. (Code 1998, § 10-7; Code 2008, § 10-7; Ord. No. 318-C, 1-8-2002) Sec. 6-7. Impoundments. (a) Unlicensed animals found running at - large shall be impounded by the animal control officer and taken to the shelter at public services and there confined in a humane manner to a maximum of 24 hours, and may be transferred to the county animal control, a rescue organization, or a humane society. Owners may reclaim their animal during this period upon payment of the fees established in section 6-80. (b) Licensed animals found running at -large shall be impounded by the animal control officer and taken to the shelter at public services and there confined in a humane manner for a maximum of three days, and then may be transferred to county animal control. While in possession of the division, every reasonable effort will be made to contact the owner of said animal. Owners may reclaim their animal during this period upon payment of the fees established in section 6-80. (Code 1998, § 10-8; Code 2008, § 10-8; Ord. No. 318-C, 1-8-2002) Sec. 6-8. Redemption of impounded animals; disposition upon failure to redeem. (a) The owner of any animal impounded shall be entitled to resume possession upon compli- ance with the license provisions and payment of impoundment and boarding fees. All fees are established by the city council by resolution and are on file at the city clerk's office. (b) Any animal impounded and not redeemed by its owner within the time set forth in the time frame provided in this chapter, may be transferred to county animal control for disposition in accordance with the lawful procedures of said county animal control. No compensation shall be paid to the owner. (Code 1998, § 10-9; Code 2008, § 10-9; Ord. No. 318-C, 1-8-2002) Sec. 6-9. Animals urinating and defecat- ing. Every animal owner shall prevent any animal from soiling, defiling, urinating or defecating on any private or public property, other than that of the owner, without expressed or implied consent. The owner of every animal shall be responsible for the removal of any solid excreta deposited by these animals on public walks, recreation areas or private property other than the owner's. No owner of any animal shall permit or allow the accumulation of animal droppings, feces, urine, • • • CD6:6 ANIMALS § 6-44 0 • or other animal waste on any property in the city, and any owner of any animal who does so may be cited for a violation of this chapter or charged with a violation of this Code and punished pursuant to section 1-7. (Code 1998, § 10-46; Code 2008, § 10-46; Ord. No. 318-C, 1-8-2002) Sec. 6-10. Noisy animals; nuisance. It shall be unlawful, pursuant to section 6-6, for any animal owner to permit, either willfully or through failure to exercise due care and control, any animal, in a continuing or repeating manner, to bark, cry, howl, screech, squawk, scream, whine, or cause objectionable noises which disturb the comfort, peace, quiet, or repose of any person residing in the vicinity. Upon the receipt of documentation of a complaint from a law enforcement agency or a statement signed by three or more residents of the city who reside in separate dwellings in the vicinity of the animals or incidents, alleging that a violation of this section exists, the animal control officer shall have reasonable cause to determine that a violation of this section has occurred. The state- ments must be made under oath before an individual authorized by law to take acknowledge- ments and must set forth the pertinent facts relating to the incidents, including the time, date, and location, the address or location of the owner of the animals as well as the complainants and a description of the animals. If the makeup of the neighborhood is such that three or more residents are impossible to acquire, one verified complaint, sworn to by the complaining party, shall suffice. The owner of any such animal may be given a citation to appear in county court or cited to the code enforcement board, or subject to the other sanctions set forth in section 6-6. (Code 1998, § 10-47; Code 2008, § 10-47; Ord. No. 318-C, 1-8-2002) Sec. 6-11. Injury to persons, animals, and property. Every animal owner shall be responsible for exercising due care and control of the owner's animals so as to prevent the animals from causing physical injury to any person, or damage, harm or destroy the property or animal of another person. Any animal causing injury or harm to any person shall be subject to impoundment or confiscation, and declaration as a dangerous animal pursuant to section 6-48. (Code 1998, § 10-48; Code 2008, § 10-48; Ord. No. 318-C, 1-8-2002) Sec. 6-12. Female dogs and cats in heat. The owner of any female dog or cat shall adequately keep said animals, when they are in heat, in such a manner as to make said animals inaccessible to any male of the same species, except for intentional breeding purposes. Female dogs or cats in heat not adequately restrained or confined may be impounded and the owner of said animal cited. (Code 1998, § 10-49; Code 2008, § 10-49; Ord. No. 318-C, 1-8-2002) Sec. 6-13. Duty to keep animals under restraint while off property. It shall be the duty of the owner of any animal or anyone having an animal in the owner's custody or care to ensure that the animal is kept under restraint and control at all times while the animal is off the real property limits of the owner, harborer or keeper. For the purposes of this section, an animal is deemed under restraint and control when it is: (1) Caged or cross tethered in the open bed of a pick-up truck; (2) Securely and humanely confined within a house, building, fence, crate, pen or other enclosure with the property owner's consent; (3) Humanely secured by a chain, cable and trolley, rope or tether of sufficient strength to prevent escape with the property owner's consent where the restraint is being used; or (4) Leashed and controlled by a competent, responsible person. (Code 1998, § 10-50; Code 2008, § 10-50; Ord. No. 318-C, 1-8-2002) Secs. 6-14-6-44. Reserved. CD6:7 § 6-45 CLERMONT CODE ARTICLE II. DOMESTIC ANIMALS AND WILDLIFE Sec. 6-45. Livestock prohibited; exception. It shall be unlawful to keep any livestock upon any property within the city limits, except where a conditional use permit, authorizing livestock, is granted by the city council. (Code 1998, § 10-26; Code 2008, § 10-26; Ord. No. 318-C, 1-8-2002) Sec. 6-46. Number of animals permitted. It shall be unlawful for anyone who resides in the city to harbor more than five animals over the age of four months at any one time, except where a conditional use permit, authorizing keeping of a greater number of animals, is granted by the city council. (Code 1998, § 10-27; Code 2008, § 10-27; Ord. No. 318-C, 1-8-2002) Sec. 6-47. Birds and game sanctuary; unlawful to shoot or trap; bird nests protected. (a) The entire area within the limits of the city is hereby declared to be a bird sanctuary for all birds, game, or animals, which are protected under the laws of the state; provided, specifi- cally, that animals may be relocated, removed, or destroyed by a licensed animal trapper in the interest of public safety. (b) The molesting, shooting, trapping, or otherwise killing or injury of any bird within the limits of the city is hereby prohibited; provided, however, this section may be suspended by the city council for ten days if any birds become a nuisance or destructive. (c) It shall be unlawful for any person to rob or destroy any bird nests within the limits of the city, provided that robbing or destroying of the nests of English sparrows, starlings and pigeons shall not come within the provision of this section. (Code 1998, § 10-28; Code 2008, § 10-28; Ord. No. 318-C, 1-8-2002) Sec. 6-48. Dangerous animals. (a) The city finds that dangerous animals are an increasingly serious and widespread threat to the safety and welfare of the people of this city because of unprovoked attacks which cause severe injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their animals; that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform requirements for owners of dangerous animals. (b) The division shall investigate reported incidents involving any animal that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or law enforcement officer offering information or evidence that an animal should be classified as dangerous. Any animal that is the subject of a dangerous animal investigation, that is not impounded with the division, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearing related to the dangerous animal classification. The address of where the animal resides shall be provided to the division. No animal that is the subject of a dangerous animal investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearing related to the determination of a dangerous animal classification. In the event the animal is to be destroyed, the animal shall not be relocated nor ownership transferred. The animal shall be subject to impoundment by the animal control officer or any law enforcement officer. (c) An animal shall not be classified danger- ous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the animal or its owner, custodian or a family member. No animal may be classified dangerous if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault by the person bitten or threatened by the animal. • • • CD6:8 ANIMALS § 6-48 0 • (d) During the investigation, the division shall make an initial determination as to whether there is sufficient cause to classify the animal as dangerous and shall afford the owner an opportunity for a hearing before the code enforce- ment board prior to making a final determina- tion. The division shall provide written notification of the finding of sufficient cause, to the owner, by return receipt requested, certified hand delivery, or service in conformance with the provisions of F.S. ch. 48, relating to service of process. The owner must file a written request to the code enforcement board to appeal the division's deci- sion within seven calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 30-calendar days and no sooner than five calendar days after the receipt of the request from the owner. (e) If an animal owner appeals the decision of the division, the code enforcement board shall hold a hearing to decide if the animal should be classified dangerous. At the hearing, the animal owner or the owner's representative and any other interested persons may present any evidence relevant to a determination of whether such animal is dangerous. The code enforcement board shall hear and consider the evidence presented at said hearing and make a determination as to whether or not the animal meets the definition of a dangerous animal as defined in this chapter. (f) Once an animal is classified as a danger- ous animal, the division shall provide written notification to the owner by return receipt requested, certified hand delivery, or service. (g) Within 14 calendar days after an animal has been classified as dangerous by the division or the code enforcement board, the owner of the animal must obtain a certificate of registration for the animal from the division, and the certificate shall be renewed annually. The division is authorized to issue such certificate of registra- tion, and renewals thereof, only to persons who are at least 18 years of age and who present to the division sufficient evidence of: (1) A current certificate of rabies vaccina- tion for the animal. (2) A proper enclosure to confine a danger- ous animal and the posting of the premises with a clearly visible warning sign provided by or specified by the division at all entry points to the property which informs both children and adults of the presence of a dangerous animal on the property. (3) Permanent identification of the animal, such as a tattoo on the inside thigh or electronic implantation (microchip). (4) The wearing of the city -issued dangerous animal tag. (5) The division shall impose an annual fee for the issuance of the certificate of registration, warning signs, and danger- ous animal tag, which fee shall be set by the city council by resolution. (h) The owner shall immediately notify the division when an animal which has been classi- fied dangerous: (1) Is loose or unconfined. (2) Has bitten a human being or attacked another animal. (3) Is sold, given away, or dies. (4) Is moved to another address. (i) Prior to a dangerous animal being sold or given away, the owner shall deliver the name, address, and telephone number of the new owner to the division. The new owner shall comply with all of the requirements of this chapter. 0) It is unlawful for the owner of a dangerous animal to permit the animal to be outside a proper enclosure unless the animal is muzzled and restrained by a competent person. The muzzle shall be made in a manner which will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human or animal. The owner may exercise the animal in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the animal remains within the owner's sight and only members of the immediate household are allowed in the enclosure when the animal is present. When being CD6:9 § 6-48 CLERMONT CODE transported, such animals must be safely and securely restrained and muzzled within a vehicle. (k) It is unlawful for the owner of a dangerous animal to remove, destroy, or deface a dangerous animal tag, and if the dangerous animal tag is lost, it shall be immediately replaced at the owner's expense. (1) This section does not apply to animals used by law enforcement officials for law enforce- ment work. (m) Failure by the owner to provide any notice, or to confine, or to identify a dangerous animal shall constitute a violation of this chapter and may be charged with a violation of this Code and punished pursuant to section 1-7. (Code 1998, § 10-29; Code 2008, § 10-29; Ord. No. 318-C, 1-8-2002) Sec. 6-49. Attack or bite by dangerous animals, penalties; confiscation. (a) If an animal that has been previously declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is in violation of this Code and shall be punished pursuant to section 1-7. In addition, the danger- ous animal shall be immediately confiscated by the division, placed in quarantine for the proper length of time. Quarantine time is a minimum of ten days from the date of the bite and may be longer pending the outcome of a mandatory county court appearance by the owner. (b) If an animal that has not been classified as dangerous attacks and causes severe injury to or death of any human, the animal shall be immediately confiscated by the division, placed in quarantine for the proper length of time and the procedure for dangerous animal shall com- mence. (c) If an animal that has previously been declared or classified as dangerous attacks and causes severe injury or death of a human, the owner is guilty of a violation of this Code. In addition, the dangerous animal shall be immediately confiscated by the division, placed in quarantine for the proper length of time and thereafter destroyed in an expeditious and humane manner. (d) If the owner seeks release of such an animal and the animal control officer disputes the release, then the procedures set forth in F.S. § 767.12 shall be followed. (e) If an animal attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of attack, the matter will be determined as specified in F.S. ch. 767. (f) Prior to the animal being released from the animal shelter, or destroyed, the owner of said animal is responsible for all impoundment and other fees incurred for the impoundment and case of the animal regardless of the final determination. (Code 1998, § 10-30; Code 2008, § 10-30; Ord. No. 318-C, 1-8-2002) Sec. 6-50. Confinement of dangerous animals. (a) The owner of any dangerous animal shall confine the animal within a building, cage, or other secure enclosure and shall not take said animal from said building, cage or secure enclosure unless said animal is securely leashed, tethered, chained, muzzled, anesthetized and/or otherwise restrained so as to protect persons and other animals; provided, however, that this section shall not apply to law enforcement or rescue animals actually engaged in law enforcement or rescue operations. (b) Animals of wild or exotic nature, as so classified by the state wildlife commission as requiring specific pen or enclosure, shall be caged in accordance with the commission's regula- tions. (c) Any outside enclosure housing a trained attack dog must be completely surrounded by a fence or other wall at least six feet high and have an anticlimbing device. All gates and entrances must be kept closed and locked and all fences and walls maintained escape proof. (d) Failure of an owner to confine a dangerous animal can result in impoundment or confisca- tion of the animal and the imposition of other sanctions specified by this chapter. (Code 1998, § 10-31; Code 2008, § 10-31; Ord. No. 318-C, 1-8-2002) • CD6:10 ANIMALS § 6-78 0 Sec. 6-51. Wildlife hybrids prohibited. (a) It is unlawful to own, harbor, keep, transport, sell or breed wildlife hybrids of the family Canis or Felis or breed any wildlife with a dog or a cat, unless the owner, keeper, or breeder is in possession of an appropriate permit issued by an agency of the state authorizing such activity. (b) Any animal alive and within the boundary of the city on or before the implementation of this chapter shall not be subject to the prohibi- tion contained in subsection (a) of this section; however, the keeping or maintenance of any such animal shall be subject to such regulations as the city may enact from time to time by resolu- tion. (c) All wildlife hybrids not exempted from the application of this section by virtue of being the subject of a state permit described in subsection (a) of this section or by the terms of subsection (b) of this section are contraband. Such wildlife hybrids shall be delivered to an individual pos- sessing an appropriate state permit, the animal services department, a humane society or be humanely euthanized. (Code 1998, § 10-32; Code 2008, § 10-32; Ord. No. 318-C, 1-8-2002) Secs. 6-52-6-75. Reserved. ARTICLE III. RABIES -SUSCEPTIBLE ANIMALS Sec. 6-76. Reporting and confinement of rabies -susceptible animals which have bitten people or appear to have rabies. (a) It shall be the duty of every attending practitioner licensed to practice medicine, osteopathic medicine, or veterinary medicine or any other person knowing of or in attendance on a case to promptly report to the county health unit every instance in which a rabies -susceptible animal has bitten, scratched, or its saliva has come in contact with the mucous membrane or an open lesion of another animal or human. (b) All reporting requirements provided in F.A.C. 64D-3.029 shall remain in effect. (c) The rabies -susceptible animal may be confined in accordance with this chapter, state law, or regulation, for the required quarantine period under suitable observation or may be destroyed according to the direction of the state health officer or duly authorized representative. Any expense incurred in handling the rabies - susceptible animal during this period shall be borne by the owner. (Code 1998, § 10-76; Code 2008, § 10-76; Ord. No. 318-C, 1-8-2002) Sec. 6-77. Impoundment, quarantine when suspected of having rabies. (a) Any rabies -susceptible animal suspected of having rabies shall be impounded at the owner's expense at a place designated by the county health unit or placed at the animal owner's expense in the custody of a licensed veterinarian for ten days or longer as determined by the county health unit. The period of impound- ment shall be based upon the incubation period for rabies in the species of animal concerned. (b) Any rabies -susceptible animal bitten by a known rabid animal shall be placed under surveil- lance by the county health unit, or their authorized representative, and shall be handled pursuant to state law and state department of health rules and regulations. (c) Any person who shall fail to surrender any animal that is unvaccinated for rabies for quarantine as required herein, when demand is made therefore by the county health unit or animal control officer, shall be guilty of a viola- tion of this Code and punished pursuant to section 1-7 and punished as provided for by law. (Code 1998, § 10-77; Code 2008, § 10-77; Ord. No. 318-C, 1-8-2002) Sec. 6-78. Vaccinations required. (a) It shall be unlawful for the owner of any rabies -susceptible animal, for which a licensed vaccine is available, to fail to have said rabies- CD6:11 § 6-78 CLERMONT CODE susceptible animal vaccinated against rabies by a licensed veterinarian of the owner's choice, as provided in subsection (d) of this section. (b) Evidence of vaccination shall consist of a current rabies certificate signed by the licensed veterinarian administering the vaccine. The certificate in triplicate shall show the date and type of vaccination, the name and address of the owner, the year and serial number of the animal's required tag, the breed, age, color and sex of the animal and any other pertinent data for proper identification of the animal. One copy of the certificate shall be given to the owner, one copy filed with the animal control office, and one copy retained by the veterinarian administering the vaccine. (c) No rabies -susceptible animal need be vac- cinated for rabies where a licensed veterinarian has examined the rabies -susceptible animal and certified that vaccination would endanger said animal's health at that time because of age, infirmity, debility, or other physiological consideration, and such certificate is presented to the enforcing agency within five days of such examination, provided that such certificate shall not be valid for more than 12 months from the date of issuance. (d) All rabies -susceptible animals shall be vaccinated with a rabies vaccine licensed and approved by the U.S. Department of Agriculture. (Code 1998, § 10-78; Code 2008, § 10-78; Ord. No. 318-C, 1-8-2002; Ord. No. 343-C, § 1, 3-22-2005) Sec. 6-79. Certificates and tags. (a) All residents of the city must purchase an animal license for their animals annually at the city clerk's office. (b) This tag, along with a current rabies tag, must be attached to the animal's collar or har- ness and be worn at all times except, when a licensed veterinarian orders in writing that the collar/harness and tag be removed from the animal for health reasons, in which case the animal shall be confined in an enclosed building or a kennel at all times until a licensed veterinar- ian permits the collar/harness and tag to be placed on the animal. (c) If a tag is lost or destroyed, the owner must acquire a replacement, at the animal owner's expense. (d) A police dog, as defined in F.S. § 843.19, shall be exempt from wearing a license tag while being used by a law enforcement agency. (Code 1998, § 10-79; Code 2008, § 10-79; Ord. No. 318-C, 1-8-2002) Sec. 6-80. City license fees. The city shall establish, by resolution, fees to be charged for animal licenses pursuant to this article. The fees shall remain in force until modified by subsequent resolution. (Code 1998, § 10-80; Code 2008, § 10-80; Ord. No. 318-C, 1-8-2002) Secs. 6-81-6-103. Reserved. ARTICLE IV. CARE AND SHELTER OF ANIMALS 0 Sec. 6-104. Animal cruelty or neglect. (a) No person, either willfully or negligently, shall deprive food, water, shelter, or protection to any animal under the person's control and/or custody; or abandon, poison, beat or whip any animal under said person's, another's, or no one's control and/or custody; to kill any animal under said person's, another's, or no one's control other than for humane purposes; or to mutilate, overdrive, overwork, overload, torment, torture, or otherwise cruelly ill-use any animal, includ- ing, but not limited to, animal fighting. (b) Any person found to be in violation of this section will be subject to citation pursuant to section 6-6 and their animals confiscated. Any animals seized under this section may only be reclaimed by the owner if said owner is adjudged by the court to be able to provide adequately for, and have custody of, the animal, in which case the animal shall be returned to the owner upon payment, by the owner, for the care and provi- CD6:12 ANIMALS § 6-105 sion of the animal while in the division's custody ment by the owner for the care and and the fees established in section 6-80, or as the provision for the animal while in court otherwise directs. the agent or officer's custody; or (Code 1998, § 10-96; Code 2008, § 10-96; Ord. No. 318-C, 1-8-2002) b. The animal is turned over to an officer or agent of the division, or the county animal control, or a Sec. 6-105. Animals found in distress; society for the prevention of cruelty when agent may take charge. to animals, and a humane disposi- (a) The purpose of this section is to provide a tion of the animal is made. means by which a neglected or mistreated animal (2) If the court determines that the owner is can be: able to provide adequately for, and have (1) Removed from its present custody; custody of, the animal, the order shall provide that the animal in the possession (2) Made the subject of an order to provide of the officer or agent be claimed and care, issued to its owner by the division, removed by the owner within the time the county court, any law enforcement specified in the order, upon payment, by officer, or any agent of any society or the owner, of all expenses incurred by the association for the prevention of cruelty officer or agency. to animals appointed under F.S. § 828.03. (3) Upon a determination by the court, that (b) Any animal control officer, law enforce- the owner of the animal is unable or ment officer or any agent of the division, or the unfit to adequately provide for the animal: county or of any society or association for the a. The court shall order the animal be prevention of cruelty to animals appointed under sold by the division at public auc- the provisions of F.S. § 828.03, may: tion and shall provide in its order (1) Lawfully take custody of any animal that the current owner shall have found neglected or cruelly treated by no further custody of the animal removing the animal from its present and that any animal not bid upon location; shall be remanded to the custody of the officer or agency. (2) Order the owner of any animal found neglected or cruelly treated to provide b. The court may order the animal certain care to the animal at the owner's destroyed or remanded directly to expense without removal of the animal the custody of the appropriate agency from its present location and shall issue for such disposition. said owner a citation with a mandatory C. Upon proof of costs incurred by the county court appearance, to determine agent or officer, the court may require whether the owner, if known, is able to that the owner pay for the care of provide adequately for the animal and is the animal while in custody of the fit to have custody of the animal. agent or officer. (c) (1) The officer or agent taking charge of an animal as provided for in this section d. The court may order that other shall provide for the animal until either: animals that are in the custody of the owner and that were not seized a. The owner is adjudged by the court by the division or other agency be to be able to provide adequately for, turned over to the division or other and have custody of, the animal, in agency, if the court determines that which case the animal shall be returned to the owner upon the owner is unable or unfit to adequately for the pay- provide animals. CD6:13 § 6-105 CLERMONT CODE The court may enjoin the further possession or custody of any other animals by the owner. (Code 1998, § 10-97; Code 2008, § 10-97; Ord. No. 318-C, 1-8-2002) Sec. 6-106. Confinement of animal in vehicle. (a) It shall be unlawful, punishable as set forth in section 6-6, for any person to place or confine an animal or allow it to be placed or confined or to remain in an unattended vehicle without sufficient ventilation or under condi- tions for such a period of time as may reasonably be expected to endanger the health or well-being of such animal due to heat, cold, lack of water, or such other circumstances as may reasonably be expected to cause suffering, disability or death. (b) Any officer who finds an animal maintained in a vehicle in violation of this section may enter the vehicle by using the amount of force which is reasonably necessary to remove the animal, and the officer shall have no civil or criminal liability for such action. The officer removing the animal shall take the animal to, or arrange to have the animal delivered to, a veterinary facility or shelter. The officer shall, in the event the owner or custodian of the animal cannot be otherwise contacted, leave in a prominent place in or upon the vehicle a written note bearing the address of the shelter where the animal may be claimed by the owner thereof. The animal shall be sur- rendered to its owner if the owner claims the animal within five days from the time the animal was removed from the vehicle and pays all reasonable charges which have accrued for the maintenance and care of the animal. The shelter having custody of the animal shall make reason- able efforts to contact the owner and provide notice that the animal is in its custody and may be reclaimed by the owner upon payment of the reasonable charges for maintenance and care. If the owner shall fail to reclaim the animal within the specified time, the shelter having custody of the animal shall provide for the animal to be adopted or humanely disposed of. (Code 1998, § 10-98; Code 2008, § 10-98; Ord. No. 318-C, 1-8-2002) Sec. 6-107. Shelter and care of animals. (a) Every person who owns any animal shall comply with all applicable portions of this sec- tion. (b) Shelter for animals shall be structurally sound and shall be maintained in good repair, in order to contain, to protect the animals from injury, and to restrict the entrance of other animals. All animal areas, cages, kennels, ship- ping containers, houses, shelters, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept within. All areas of confinement shall be maintained in a healthful and sanitary condition. All areas shall be cleaned and disinfected regularly as conditions warrant. (c) All housing is to be constructed of a nonabsorbent material. Housing shall be of suf- ficient height to permit each animal to sit and stand erect with at least four inches clearance above the head, and of sufficient width to permit each animal to turn around with at least four inches clearance beyond the length of the body, and of sufficient length for each animal to walk the equivalent of its body length. No cages shall be enclosed entirely by solid walls. Stacked cages shall have solid floors. Cat cages must contain a litter pan. (d) Any bedding utilized shall be clean and dry. (e) All animals requiring the daily intake of food shall be fed at least once every 24-hour period, including Sundays and holidays. The type of food provided shall be appropriate for each particular species and shall be of sufficient nutritive content for the health and well-being of the species. The food containers shall be emptied and cleaned daily. (f) Fresh water shall be continuously avail- able to all animals and replenished whenever necessary during each day, including Sundays and holidays. The water containers shall be emptied and cleaned daily; and should be free of dirt and algae. • • CD6:14 • ANIMALS (g) All animals exhibiting symptoms of illness or disease shall be treated by or under the supervision of a licensed veterinarian. If required, diseased animals shall be humanely destroyed under the supervision of a licensed veterinarian or animal control officer. (h) Any animal owner violating the provi- sions of this section shall be in violation of this chapter and may be charged and sanctioned pursuant to section 6-6 and pursuant to state law. (Code 1998, § 10-99; Code 2008, § 10-99; Ord. No. 318-C, 1-8-2002) § 6-107 CD6:15 • • • Chapter 7 RESERVED CD7:1 Chapter 8 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 8-1. Purpose of chapter. Sec. 8-2. Enforcement of chapter. Sec. 8-3. Penalty for violation of chapter. Sec. 8-4. Fire district. Sec. 8-5. Qualifications for practice of contracting; certification required. Sec. 8-6. Building permit fees. Sec. 8-7. Unity of title. Sec. 8-8. Riparian structure requirements. Sec. 8-9. International Property Maintenance Code. Secs. 8-10-8-36. Reserved. Article II. Administration and Enforcement Division 1. Generally Sec. 8-37. Special inspectors. Sec. 8-38. Inspections. Secs. 8-39-8-64. Reserved. Sec. 8-65. Division 2. Certificate of Occupancy Required. Sec. 8-66. Contents. Sec. 8-67. Temporary or partial. Sec. 8-68. Limited use; partial. Sec. 8-69. Existing buildings. Sec. 8-70. Appeals. Sec. 8-71. Suspension or revocation of certificate. Seca. 8-72-8-100. Reserved. Article III. Building Numbering Sec. 8-101. Building services department to assign numbers. Sec. 8-102. Size and location of numbers. Sec. 8-103. Division of city; succession of numbers. Sec. 8-104. Assignment; notice; duty of property owner. Sec. 8-105. Penalty for violation of article. *State law references —Municipal Home Rule Powers Acts, F.S. ch. 166; building construction standards, F.S. ch. 553; contracting, F.S. ch. 489. CD8:1 BUILDINGS AND BUILDING REGULATIONS § 8-7 ARTICLE I. IN GENERAL Sec. 8-5. Qualifications for practice of contracting, certification Sec. 8-1. Purpose of chapter. required. The purpose of this chapter is to promote the public health, safety and welfare by establishing codes and regulations for buildings and construc- tion. (Code 1962, § 5-1; Code 1998, § 14-1; Code 2008, § 14-1; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-2. Enforcement of chapter. For the purposes of this chapter, the enforce- ment official shall be a qualified city employee appointed by the city manager. Nothing in this section shall prohibit the city from contracting with the county or another agency to act as the enforcement agent for the city. (Code 1962, § 5-3; Code 1998, § 14-2; Code 2008, § 14-2; Ord. No. 249-C, § 1, 2-24-1987) State law reference —Qualifications for building officials, F.S. § 468.601 et seq. Sec. 8-3. Penalty for violation of chapter. (a) Any person or agent who shall be found guilty of violating this chapter shall be subject to the penalties provided by section 1-7. (b) Any provision of this Code pertaining to the limits of punishment as provided by state laws shall be interpreted in this section to mean and refer to the penalties provided in this sec- tion. (Code 1962, § 5-22; Code 1998, § 14-3; Code 2008, § 14-3; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-4. Fire district. For the purposes of this chapter, there are no fire districts within the city. All types of construc- tion are permitted, provided that they comply with the provisions prescribed elsewhere in this Code. (Code 1962, § 5-21; Code 1998, § 14-4; Code 2008, § 14-4; Ord. No. 249-C, § 1, 2-24-1987) Any persons who desire to engage in contract- ing, who are required to be certified by the state or county, shall be state -certified or have a valid county certificate of competency. (Code 1962, § 5-5; Code 1998, § 14-5; Code 2008, § 14-5) Sec. 8-6. Building permit fees. Building, plumbing, electrical, mechanical and other related permit fees shall be established by resolution by the city council and kept on file in the city clerk's office. (Code 1962, § 5-7; Code 1998, § 14-6; Code 2008, § 14-6; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-7. Unity of title. (a) Whenever it is necessary that two or more recorded lots, plots or parcels or portions thereof be combined, added or joined, in whole or in part, to any other recorded lot, plot, parcel or acreage to meet minimum plot area and/or plot dimen- sions required by applicable cable requirements, the application for a building permit shall be accompanied by official evidence of filing a unity of title declaration, as described in this section, with the clerk of the circuit court. The filing of a copy of the recorded unity of title declaration is a prerequisite to final approval of the application and issuance of a building permit. (b) All lots, plots, parcels or similar legally described and recorded acreages, or portions thereof to be combined, joined or added to, in whole or in part, under a unity of title declara- tion, shall be adjacent and shall not be physi- cally separated by a dedicated public right-of- way. (c) The unity of title declaration shall state unequivocally that the combining of separated recorded lots, plots, parcels, acreage or portions thereof shall be regarded as unified under one title as an indivisible building site; the property shall be henceforth considered as one plot or parcel of land; and no portion shall be sold, assigned, transferred, conveyed or devised CD8:3 § 8-7 CLERMONT CODE separately except in its entirety as one plot or parcel of land. The parties to the declaration shall further agree that the declaration of unity of title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the signatories thereto, their heirs, succes- sors and assigns, and all parties claiming under them until such time as the declaration may be released, in writing, by a properly authorized representative of the city. (d) The city manager, or designated representa- tive, is authorized on behalf of the city to release a unity of title declaration. Such release shall be granted only when such declaration is no longer necessary or required due to the discontinuance or abandonment of the proposed construction giving rise to its issuance. The city manager, or designated representative, is further authorized on behalf of the city to approve changes or amendments to an existing unity of title declara- tion when necessary to correct errors, mistakes or changes in circumstances. (Code 1962, § 5-10; Code 1998, § 14-7; Code 2008, § 14-7; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-8. Riparian structure requirements. Structures may be built on or over waterways, provided that they meet the following require- ments: (1) They are located a minimum of ten feet from side lot lines as extended. (2) Length shall be no greater than required to provide navigability, but not more than 100 feet, whichever is less, measured from the shore at the established ordinary high-water mark of the waterway. (3) No part of the structure may be so located as to inhibit flow or to restrict naviga- tion. (4) Deck elevation should be at least one foot above the established maximum desir- able or operating level of the waterway, except for floating structures. (5) Warning reflectors shall be installed. (6) All state and county regulations are met. (Code 1962, § 5-20; Code 1998, § 14-8; Code 2008, § 14-8; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-9. International Property Maintenance Code. The International Property Maintenance Code, 2021 edition, and any amendments or successor code thereto, and the local option amendments set forth below, are hereby adopted by reference as if set out in its entirety in this section and as stated and shall be controlling with regard to all buildings and other structures in the city. The local option amendments adopted by the city are as follows: (1) Section 101.1. Title. The jurisdiction shall be the City of Clermont. (2) Section 103.1. Name. The name of depart- ment shall be Development Services/ Code Enforcement. (3) Section 302.4. Weeds. All premises and exterior property shall be maintained free from weeds and plant growth in excess of 18 inches. (4) Section 304.14. Insert screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, and food services must be supplied with approved tightly fitting screens of a minimum 16 mesh per inch with self -closing device in good working conditions. (5) Section 602.3. Heat supply. Every owner and operator of any building, who rents, leases or lets one or more dwelling units or sleeping units on terms needs to be furnished with heat to the occupants. (6) Section 602.4. Occupiable work spaces. Work spaces shall be supplied with heat for the period of January 1 through and including December 31. (Code 2008, § 14-9; Ord. No. 365-C, § 1, 5-26- 2009; Ord. No. 2021-028, § 1, 10-26-2021) Secs. 8-10-8-36. Reserved. • • CD8:4 • • • BUILDINGS AND BUILDING REGULATIONS § 8-38 ARTICLE II. ADMINISTRATION AND appointed accredited representative, to file a ENFORCEMENT certificate with the building services department on a form provided for that purpose. DIVISION 1. GENERALLY Sec. 8-37. Special inspectors. (a) The building services department may require the owner to employ, at the owner's expense, an architect or engineer registered in the state under the laws regulating the profes- sions of architecture and engineering, or a duly credited employee or representative of either, to inspect and verify on the site that actual construc- tion in a category as listed in this subsection, complies with the approved drawings and specifications and the applicable codes and ordinances of the city. (1) Structural steel framework, or parts thereof. (2) Structural steel welding, or critical structural connections. (3) Structural alterations. (4) Piledriving. (5) Special design or construction methods. (6) Buildings or structures three or more stories in height or in excess of 20,000 square feet of gross floor area. (7) Windows, sliding glass doors and curtain walls of buildings or structures three or more stories in height. (8) Other buildings or structures, or components thereof, where the building services department determines that on - site inspection by an architect or engineer, or a representative thereof, is necessary to protect the health, safety and interests of the public. (b) Upon determination by the building services department that on -site inspection by an architect or engineer, or a representative thereof, is required, the individual shall so notify the owner, who shall select the architect or engineer and require the selected individual, or the duly (c) The architect or engineer, or a representa- tive thereof, shall be present on the project site at all times when construction activities for which that individual is responsible are in progress. The architect or engineer shall verify that the work as actually performed complies with the approved drawings and specifications and applicable codes and ordinances of the city. The representative shall submit inspection and progress reports during the time the construc- tion is actually in progress to the building services department on a weekly basis. Upon completion of the construction work or project, the representa- tive shall submit a certificate of compliance to the building services department stating that the work was performed in accordance with the approved plans and specifications and city ordinances. The duties of the representative shall end with the submission of the certificate. (d) A final inspection shall be made by the building services department before issuance of a certificate of occupancy. (Code 1962, § 5-11; Code 1998, § 14-36; Code 2008, § 14-36; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-38. Inspections. (a) A building is considered ready for occupancy after the actions and inspections listed in this subsection are complete, the permit holder is assured that the building is ready for occupancy, and prior to issuance of a certificate of occupancy. (1) Final plumbing inspection. (2) Final mechanical inspection. (3) Final electrical inspection. (4) State inspection and approval of eleva- tors and escalators, where installed. (5) Final engineering inspection. (6) Final fire prevention and protection inspection. (7) Final landscaping inspection. (8) Inspection of termite treatment. CD8:5 § 8-38 CLERMONT CODE (9) Certificate of thermal performance has been filed with the building services department. (10) Final cleanup of construction site has been performed to the satisfaction of the building services department. (11) House numbers (address) are on the build- ing. (b) No work shall be done on any part of a building or structure, or on any plumbing, electri- cal or mechanical installation, beyond the point where each successive required inspection is required until such inspection has been made, the work approved, and the inspector has so indicated on the permit card at the job site. (c) Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed in any manner whatsoever without first obtaining the approval of the build- ing services department, its representative or the special inspector if one was required on the project. (d) In all buildings where plaster is used for fire protection purposes, the permit holder or agent shall notify the building services depart- ment after all lathing and backing are in place. Plaster shall not be applied until the approval of the building services department has been received. (Code 1962, § 5-12; Code 1998, § 14-37; Code 2008, § 14-37; Ord. No. 249-C, § 1, 2-24-1987) Secs. 8-39-8-64. Reserved. DIVISION 2. CERTIFICATE OF OCCUPANCY Sec. 8-65. Required. No new building shall be occupied and no change in occupancy of an existing building or part of a building shall be made, nor shall an local business tax receipt be issued, until after the building services department shall have issued a certificate of occupancy. No certificate of occupancy shall be issued until all the require- ments of the city codes for such use are met. (Code 1962, § 5-14; Code 1998, § 14-56; Code 2008, § 14-56; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-66. Contents. Upon completion of a building hereafter erected in accordance with approved plans, and after the final inspection referred to in section 8-38, and upon application therefor, the building services department shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provi- sions of this chapter. (Code 1962, § 5-15; Code 1998, § 14-57; Code 2008, § 14-57; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-67. Temporary or partial. (a) Upon written application by the permit holder, the building services department may issue a temporary or partial certificate of occupancy for a building or structure, or a por- tion of such building or structure to be occupied as clearly designated and all Code requirements for sanitary facilities, means of egress, fire - resistive separation, fire prevention and protec- tion, structural adequacy and public safety, to include adequate barricading of the work areas from the areas to be occupied, have been inspected and approved by the building services depart- ment or its designee. The application for a temporary or partial certificate of occupancy shall be accompanied by the following docu- ments: (1) A complete description of the work authorized by the permit remaining to be completed, with the estimated cost of labor and materials required to complete the project and the schedule for comple- tion. (2) Certification that the persons who will occupy the building or structure, or por- tion thereof, have been notified, in writ- ing, that only a temporary or partial certificate of occupancy will be issued, that physical occupancy by them is voluntary, and that if the permit holder fails to complete the building or structure, or portion of such building or structure, and obtain a permanent certificate of occupancy within the 90-day period as • • CD8:6 • • BUILDINGS AND BUILDING REGULATIONS § 8-70 prescribed by subsection (b) of this sec- tion, they will be required to vacate the premises. (b) A temporary or partial certificate of occupancy shall be issued for a limited period not to exceed 90 days. All work required to complete the building or project and obtain final inspec- tions and a permanent certificate of occupancy shall be completed within the maximum 90-day time limit. These provisions shall not apply in case of civil disorder or natural disaster, or when construction activities are halted due directly to judicial injunction, an order or a similar process. The fact that the parties or property may be involved in litigation, or that the owner or representative did not accurately estimate the time required for completion prior to requesting a temporary or partial certificate of occupancy, shall not constitute a justification for failure to complete the building or project within the time limit specified in this subsection. (c) If the building or project is not completed within the maximum 90-day period for a temporary or partial certificate of occupancy, and the building services department has not extended the time limit for cause as specifically provided in this chapter, the temporary or partial certificate of occupancy will automatically terminate. (1) The building services department may extend a temporary or partial certificate of occupancy for cause in cases of civil disorder, strike, natural disaster, or when the construction activities are halted due directly to judicial injunction, order or similar process; or for failure of any federal, state, county or city agency to process and complete required docu- ments within the 90-day time limit. (2) It shall be the responsibility of the permit holder who desires to obtain an exten- sion of a partial or temporary certificate of occupancy to notify the building services department of the reason for cause ten days prior to the expiration date of the temporary or partial certificate of occupancy. (Code 1962, § 5-16; Code 1998, § 14-58; Code 2008, § 14-58; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-68. Limited use; partial. (a) Upon written application by the permit holder, the building services department may issue a limited use partial temporary certificate of occupancy for a portion of the building or structure, providing the portion of the building or structure to be occupied is clearly designated and all code requirements for sanitary facilities, means of ingress and egress, fire prevention and protection, and public safety have been inspected and approved by the building services depart- ment and the fire chief or designee. (b) The application must contain the areas of the building to be occupied under the limited use partial temporary certificate of occupancy. It must clearly state how the general public will obtain access to this section of the building and how construction areas will be barricaded from public access. In the case of a single-family residence being used for a construction or sales area, the application must contain a date certain when the structure will be completed with the approved plans. (c) A limited use partial temporary certificate of occupancy may be issued by the building services department to remain in force until the issuance of a temporary or permanent certificate of occupancy. (Code 1962, § 5-17; Code 1998, § 14-59; Code 2008, § 14-59; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-69. Existing buildings. A certificate of occupancy for an existing building may be obtained by applying to the building services department and supplying the information and data necessary to determine compliance with this chapter. (Code 1962, § 5-18; Code 1998, § 14-60; Code 2008, § 14-60; Ord. No. 249-C, § 1, 2-24-1987) Sec. 8-70. Appeals. All appeals to any decision of the building services department shall be referred to the county board of examiners. (Code 1962, § 5-19; Code 1998, § 14-61; Code 2008, § 14-61; Ord. No. 249-C, § 1, 2-24-1987) CD8:7 § 8-71 CLERMONT CODE Sec. 8-71. Suspension or revocation of certificate. ('a) A certificate of occupancy may be suspended or revoked if the city manager makes any of the following findings: (1) That any condition related to the certificate of occupancy has been violated; (2) That the occupancy and use of the build- ing has become detrimental to the public health, safety or welfare or that traffic constitutes a nuisance; (3) That the certificate of occupancy was obtained by misrepresentation or fraud; (4) That the occupancy for which the certificate was granted has ceased for six consecutive months or more; (5) That the condition of the premises, or of the area of which it is a part, has changed so that the occupancy is no longer justi- fied under the meaning and intent of this section; (6) That the owner or holder of the certificate of occupancy, or agent thereof, has been convicted of a crime involving moral turpitude, and such crime was commit- ted within the course of business activity on the premises. (b) Prior to the suspension or revocation of a certificate of occupancy under this section, the city shall notify the owner/applicant of the grounds for such suspension or revocation, and the right of such owner/applicant to request a hearing. The owner/applicant shall request a hearing within 30 days of the date of the notice or the right to appeal shall be waived. In the event that a hearing is requested, the procedures for notice and hearing shall be prescribed as set forth in those applicable to the city's conditional use determination process. (Code 1998, § 14-62; Code 2008, § 14-62; Ord. No. 349-C, § 1, 1-10-2006) Secs. 8-72-8-100. Reserved. ARTICLE III. BUILDING NUMBERING Sec. 8-101. Building services department to assign numbers. The building services department is hereby authorized and directed to assign to each house a designated number, and it shall be unlawful for any property owner or occupant to place or cause to be placed on any house any number other than that designated by the building services depart- ment. (Code 1962, § 19-33; Code 1998, § 14-96; Code 2008, § 14-96; Ord. No. 222-C, § 2, 3-23-1982) Sec. 8-102. Size and location of numbers. All houses within the corporate limits of the city are hereby required to be numbered, and to have legible numbers not less than three -inches high, so placed in a conspicuous place as to be readily seen. (Code 1962, § 19-34; Code 1998, § 14-97; Code 2008, § 14-97; Ord. No. 222-C, § 2, 3-23-1982) Sec. 8-103. Division of city; succession of numbers. (a) The building services department shall begin with the streets running east and west at East Avenue and shall assign the even numbers to the north side of such streets, and the odd numbers to the south side. Each block shall have assigned thereto one number for every ten linear feet on each side of the street, so that the houses on the south side of the street in the first block west of East Avenue shall have numbers from 101 to 199, using odd numbers only. The north side shall have numbers 100 to 198, using even numbers only. In the next block west, the numbers shall run from 200 to 299, and so on indefinitely, jumping to the next hundred in each block. Streets running east from East Avenue shall be numbered in the same manner, adding the word "East" after each number. (b) Upon completion of the numbering on the streets east and west, the building services department shall begin at the northern bound- ary of the city, and in like manner number houses on the streets running north and south, using the same method, assigning odd numbers • • CD8:8 • BUILDINGS AND BUILDING REGULATIONS § 8-105 to the houses on the east side of the street and even numbers on the west side; and shall thereafter number any other streets than those running as mentioned in this section. (Code 1962, § 19-35; Code 1998, § 14-98; Code 2008, § 14-98; Ord. No. 222-C, § 2, 3-23-1982) Sec. 8-104. Assignment; notice; duty of property owner. The building services department shall notify the property owner or occupant of any house to which a number is assigned, of the number assigned to that particular house, and it shall be the duty of such owner or occupant to provide numerals not less than three inches high and place such numbers in a conspicuous place near- est the street upon which the number is assigned. (Code 1962, § 19-36; Code 1998, § 14-99; Code 2008, § 14-99; Ord. No. 222-C, § 2, 3-23-1982) Sec. 8-105. Penalty for violation of article. Any person who shall place or cause to be placed or erected on any house in the city any numbers, other than those assigned thereto by the city, or any person who shall fail to provide and place the numbers as designated by the building services department within 30 days after receipt of such notice, shall, upon convic- tion, be punished as provided in section 1-7. (Code 1962, § 19-37; Code 1998, § 14-100; Code 2008, § 14-100; Ord. No. 222-C, § 2, 3-23-1982) CD8:9 • • • Chapter 9 RESERVED CD9:1 • Chapter 10. BUSINESSES* Article I. In General Sec. 10-1. Circuses, carnivals, road shows and similar types of entertain- ment; subject to council approval; exceptions. Secs. 10-2-10-20. Reserved. Article II. Solicitors, Peddlers and Itinerant Vendors Division 1. Generally Sec. 10-21. Penalty for violation of article. Sec. 10-22. Unlawful activities. Secs. 10-23-10-47. Reserved. Division 2. Peddlers and Itinerant Vendors Sec. 10-48. Definitions. Sec. 10-49. Permit -Required. Sec. 10-50. Permit -Application. Sec. 10-51. Permit -Grounds for granting applications. Sec. 10-52. Permit -Denial of application. Sec. 10-53. Permit -Revocation. Sec. 10-54. State permit; when required. Secs. 10-55-10-81. Reserved. Division 3. Solicitors Sec. 10-82. Definitions. Sec. 10-83. Permit -Required. Sec. 10-84. Permit -Application. Sec. 10-85. Permit -Grounds for granting applications. Sec. 10-86. Permit -Denial of application. Sec. 10-87. Permit -Revocation. Sec. 10-88. State permit; when required. Secs. 10-89-10-119. Reserved. Article M. Medical Marijuana Dispensaries and Cannabis Farms Sec. 10-120. Purpose and definitions. Sec. 10-121. Cannabis farms prohibited. Sec. 10-122. Possession and use of cannabis for medical use. Sec. 10-123. Effect of annexation. Sec. 10-124. Enforcement of violations; penalties. 0 *State law reference -Municipal Home Rule Powers Act, F.S. ch. 166. CD10:1 BUSINESSES § 10-48 0 • �J ARTICLE I. IN GENERAL Sec. 10-1. Circuses, carnivals, road shows and similar types of entertain- ment; subject to council approval; exceptions. All circuses, carnivals, tent shows, acrobatic troupes, all forms of road shows and other similar types of entertainment and all other forms of professional histrionic entertainment performing for the public for money or other things of value, or where such entertainment is offered without charge but in connection with and as an attraction to the sale of any goods, wares or other commodity shall be required to obtain permission of the city council to operate, exhibit or perform in the city. Such approval shall be required whether the exhibition or performance shall be sponsored by or given under the auspices of any charitable, religious or other similar nonprofit organization; provided, however, that the provisions of this section shall not apply to the performance of any strictly amateur and nonprofessional actors, performers or musicians. (Code 1962, § 12-12; Code 1998, § 18-1; Code 2008, § 18-1; Ord. No. 231-C, § 1, 3-22-1983) Secs. 10-2-10-20. Reserved. ARTICLE II. SOLICITORS, PEDDLERS AND ITINERANT VENDORS* DIVISION 1. GENERALLY Sec. 10-21. Penalty for violation of article. Any person found guilty of violating any of the provisions of this article shall, upon conviction, be punished pursuant to section 1-7. (Code 1962, § 12-16; Code 1998, § 18-31; Code 2008, § 18-31; Ord. No. 231-C, § 1, 3-22-1983) *State law references —Home solicitation, F.S. § 501.021 et seq.; Solicitation of Contributions Act, F.S. § 496.401 et seq. Sec. 10-22. Unlawful activities. It is unlawful for any individual solicitor, agent or peddler, including any employee or agent of a charitable organization, to: (1) Enter the premises uninvited of a private residence for the purpose of selling or solicitation orders for goods, wares or merchandise, personal services or informa- tion when a "no solicitors" sign is posted. (2) Remain upon any premises after the owner or occupant requests the solicitor to depart. (3) Make uninvited sales calls before 9:00 a.m. and after 8:30 p.m. (4) Approach back or rear doors or the sides or rear of residential premises. (5) Refuse or fail to exhibit a solicitor's permit identification card, if required to possess one, upon request by any law enforcement officer, code enforcement officer or citizen solicited. (6) Refuse or fail to identify themselves by name and organization or entity by which the person is employed or acting as an agent for, upon request of any law enforce- ment officer or citizen solicited. (7) Sales within road rights -of -way. (Code 2008, § 18-83; Ord. No. 371-C, § 1, 10-27- 2009; Ord. No. 2011-03-C, § 2, 7-12-2011) Secs. 10-23-10-47. Reserved. DIVISION 2. PEDDLERS AND ITINERANT VENDORS Sec. 10-48. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Itinerant vendor means any person who engages in the temporary business of selling and deliver- ing goods, merchandise or services, and which, in furtherance of such purposes, leases, uses or occupies any building or property in the city for CD 10:3 § 10-48 CLERMONT CODE the exhibition and sale of such goods and services. The person engaged as an itinerant vendor shall not be relieved from complying with the provi- sions of this division merely by reason of associat- ing temporarily with any local merchant. Peddler means any person traveling by foot, wagon, automotive vehicle or other type of convey- ance from place to place, house to house, or street to street carrying, conveying or transport- ing goods, wares, merchandise, fruits, services, etc., and offering or exposing the same for sale. (Code 1962, § 12-11; Code 1998, § 18-51; Code 2008, § 18-51) Sec. 10-49. Permit —Required. No itinerant vendor or peddler shall offer any goods for sale, lease or trade within the city without a permit from the city manager or designated representative authorizing such sales, and, if applicable, a local business tax receipt as prescribed in chapter 34, article IV. (Code 1962, § 12-11; Code 1998, § 18-52; Code 2008, § 18-52) Sec. 10-50. Permit —Application. (a) An application for a permit as an itinerant vendor or peddler shall be made to the city manager upon forms provided by the city. Such application shall be filed with the city manager at least seven days prior to the time at which the permit applied for shall become effective; provided, however, that the city manager may, for good cause shown, allow the filing of an application in less than the seven days prescribed in this section. (b) The application required in this section shall contain: (1) The purpose for which sales are to be made; (2) An outline of the methods to be used in conducting the sales; (3) The time when such sales shall be made, giving the dates for the beginning and ending of such sales; (4) A statement of the character and nature of the goods, services or articles for which the sales are being done by the applicant; and (5) Such other information as may be reason- ably required by the city manager in order to determine the kind and character of the proposed sales. (Code 1962, § 12-11(a); Code 1998, § 18-53; Code 2008, § 18-53; Ord. No. 231-C, § 1, 3-22-1983) Sec. 10-51. Permit —Grounds for granting applications. The city manager shall issue the permit provided for in section 10-49 whenever the manager shall find the following: (1) All of the statements made in the applica- tion are true. (2) The applicant has not been convicted of a crime of moral turpitude. (3) The control and supervision of the itiner- ant vendor or peddler will be under responsible and reliable persons. (4) The applicant has not engaged in any fraudulent transaction or enterprise, and the sales will not be a fraud on the public. (5) All other ordinances and regulations are being complied with. (Code 1962, § 12-11(b); Code 1998, § 18-54; Code 2008, § 18-54; Ord. No. 231-C, § 1, 3-22-1983) Sec. 10-52. Permit —Denial of application. If the application does not meet the require- ments enumerated in this division, the city manager shall deny the application. Any deci- sion of the city manager to deny an application may be appealed to the city council. (Code 1962, § 12-11(c); Code 1998, § 18-55; Code 2008, § 18-55; Ord. No. 231-C, § 1, 3-22-1983) Sec. 10-53. Permit —Revocation. Whenever it shall be shown or whenever the city manager has knowledge that any person to whom a permit has been issued under this division has violated any of the provisions of this • • CD 10:4 BUSINESSES § 10-84 0 • division or that any vendor or peddler has misrepresented the purpose of the sales, the city manager shall immediately suspend the permit and give the permit holder written notice by hand delivery or by registered mail of such suspension. Any revocation or suspension may be appealed to the city council. (Code 1962, § 12-11(d); Code 1998, § 18-56; Code 2008, § 18-56; Ord. No. 231-C, § 1, 3-22-1983) Sec. 10-54. State permit; when required. If the total price of any goods or services is in excess of $25.00 as defined in F.S. § 501.021, the applicant shall present a state solicitation permit. (Code 2008, § 18-57) State law reference —Home solicitation permit required, F.S. § 501.022. Secs. 10-55-10-81. Reserved. Sec. 10-82. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Solicit or solicitation means the request, directly or indirectly, of money, credit, property, financial assistance or other thing of value as consideration or payment for goods, services or articles of any nature. The term "solicit" or "solicitation" also means and includes the following: (1) Any oral or written request. (2) The distribution, circulation, posting or publishing of any handbill, written advertising or publication; and the sale of, offer or attempt to sell, any advertise- ment, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with such solicitation. A solicitation, as defined in this section, shall be deemed completed when made, whether or not the person making the solicitation receives any contribution or makes any sale referred to in this section. (Code 1962, § 18A-32; Code 1998, § 18-76; Code 2008, § 18-76; Ord. No. 162-C, § 6, 6-14-1977) Sec. 10-83. Permit —Required. No person shall solicit for the sale, lease, rent or trade of any goods, services or articles of value within the city without a permit from the city manager authorizing such solicitations; provided, however, that this section shall not apply to solicitations conducted among the members of organizations or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any establishment. (Code 1962, § 18A-33; Code 1998, § 18-77; Code 2008, § 18-77; Ord. No. 162-C, § 1, 6-14-1977) Sec. 10-84. Permit —Application. An application for a permit to solicit, as provided by section 10-83, shall be made to the city manager upon forms provided by the city. Such application shall be filed with the city manager at least seven days prior to the time at which the permit applied for shall become effec- tive; provided, however, that the city manager may, for good cause shown, allow the filing of an application in less than the seven days prescribed in this section. The application required in this section shall contain the purpose for which such solicitation is to be made; an outline of the methods to be used in conducting the solicita- tion; the time when such solicitation shall be made giving the dates for the beginning and ending of such solicitation; a statement of the character and nature of the goods, services or articles for which the solicitation is made being done by the applicant; and such other informa- tion as may be reasonably required by the city manager in order to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of the public welfare. (Code 1962, § 18A-34; Code 1998, § 18-78; Code 2008, § 18-78; Ord. No. 162-C, § 2, 6-14-1977) CD 10:5 § 10-85 CLERMONT CODE Sec. 10-85. Permit —Grounds for granting applications. The city manager shall issue the permit provided for in section 10-83 whenever the manager shall find the following: (1) All of the statements made in the applica- tion are true. (2) The applicant has not been convicted of a crime of moral turpitude. (3) The control and supervision of the solicita- tion will be under responsible and reli- able persons. (4) The applicant has not engaged in any fraudulent transaction or enterprise, and the solicitation will not be a fraud on the public. (5) All other ordinances and regulations are being complied with. (Code 1962, § 18A-35; Code 1998, § 18-79; Code 2008, § 18-79; Ord. No. 162-C, § 3, 6-14-1977) Sec. 10-86. Permit —Denial of application. If the application does not meet the require- ments enumerated in section 10-85, the city manager shall deny the application. Any deci- sion of the city manager to deny an application may be appealed to the city council. (Code 1962, § 18A-36; Code 1998, § 18-80; Code 2008, § 18-80; Ord. No. 162-C, § 4, 6-14-1977) Sec. 10-87. Permit —Revocation. Whenever it shall be shown or whenever the city manager has knowledge that any person to whom a permit has been issued under this division has violated any of the provisions of this division or that any promoter, agent or solicitor has misrepresented the purpose of the solicita- tion, the city manager shall immediately suspend the permit and give the permit holder written notice by hand delivery or by registered mail of such suspension. Any revocation or suspension may be appealed to the city council. (Code 1962, § 18A-37; Code 1998, § 18-81; Code 2008, § 18-81; Ord. No. 162-C, § 5, 6-14-1977) Sec. 10-88. State permit; when required. If the total price of any goods or services is in excess of $25.00 as defined in F.S. § 501.021, the applicant shall present a state solicitation permit. (Code 1998, § 18-82; Code 2008, § 18-82) State law reference —Home solicitation permit required, F.S. § 501.022. Secs. 10-89-10-119. Reserved. ARTICLE III. MEDICAL MARIJUANA DISPENSARIES AND CANNABIS FARMS Sec. 10-120. Purpose and definitions. (a) Purpose and intent. The purpose and intent of this article is to prohibit the maintenance or operation of a cannabis farm as defined herein. (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Cannabis has the meaning given that term in F.S. § 893.02(3) and includes all forms of medical cannabis or low-THC cannabis. Cannabis farm means any property used in whole or in part for the growing or cultivation of cannabis plants, whether or not such growing or cultivation is lawful under the laws of the state. Marijuana means and is synonymous with cannabis. Medical use means any use of any form of cannabis to treat a qualifying medical condition as provided in Amendment 2 and any legislation adopted to implement Amendment 2. Non -medical use means any possession, sale, distribution, transfer, delivery, or use, of can- nabis or cannabis -based products when not associ- ated with any medical use thereof. (Code 2008, § 18-85; Ord. No. 2017-32, § 3, 9-26-2017; Ord. No. 2020-25, § 2, 7-14-2020) • is CD10:6 BUSINESSES § 10-124 0 • Sec. 10-121. Cannabis farms prohibited. The maintenance or operation of a cannabis farm is declared to be unlawful and is prohibited in all applicable land use and zoning categories and districts within the city. (Code 2008, § 18-86; Ord. No. 2017-32, § 3, 9-26-2017; Ord. No. 2020-25, § 2, 7-14-2020) Sec. 10-122. Possession and use of can- nabis for medical use. Possession and use of cannabis for medical use, by a person to whom the cannabis was sold or distributed by a medical marijuana dispensary operated in strict and full accordance with state law, and located outside the municipal limits of the city, shall not be a violation of this Code; provided, however, that any person claiming to be entitled to the benefits of this section shall bear the burden of establishing, by clear and convincing evidence, that the person was legally prescribed the cannabis for medical use in full compliance with state law, and acquired the cannabis from a fully licensed medical marijuana dispensary. Notwithstanding this article, any sale, transfer, distribution, or delivery of can- nabis by the person claiming the benefits of this section, to any other person whomsoever, whether or not for medical use, is prohibited, as is the act by the person claiming the benefit of this section of permitting any other person to use the can- nabis of the person claiming such benefit. (Code 2008, § 18-87; Ord. No. 2017-32, § 3, 9-26-2017) Sec. 10-123. Effect of annexation. If a cannabis farm is lawfully located on property outside the municipal limits of the city, which is later annexed into the city, such can- nabis farm shall be allowed to continue its operations within the property so annexed, for a period not to exceed 180 days, after which further operation as a cannabis farm shall be unlawful under this article. (Code 2008, § 18-88; Ord. No. 2017-32, § 3, 9-26-2017; Ord. No. 2020-25, § 2, 7-14-2020) Sec. 10-124. Enforcement of violations; penalties. (a) Each violation of this article shall constitute a separate offense punishable as provided in section 1-7 by a fine not to exceed $500.00 or by imprisonment in the county jail for a term not to exceed 60 days, or by both such fine and imprison- ment. (b) Nothing in this article shall be construed to prohibit the city from enforcing this article by alternate means, including, but not limited to, code enforcement or code citations pursuant to F.S. ch. 162, pt. I (F.S. § 162.01 et seq.) or II (F.S. 162.21 et seq.); by criminal action; by civil action, including petitions to enjoin persons violating this article; or by any other means available by law. (Code 2008, § 18-89; Ord. No. 2017-32, § 3, 9-26-2017) CD 10:7 • • • Chapter 11 RESERVED CD11:1 • • Chapter 12 CEMETERIES* Article I. In General Secs. 12-1-12-18. Reserved. Article H. City Cemeteries Sec. 12-19. Definitions. Sec. 12-20. Penalty for violation of article provisions. Sec. 12-21. Rules, regulations and restrictions. Sec. 12-22. Rules for interment. Sec. 12-23. Lot valuations. Sec. 12-24. Restrictions on transfer and conveyance; records of ownership. Sec. 12-25. Cemetery fund. *State law references —Municipal Home Rule Powers Act, F.S. ch. 166; Florida Funeral and Cemetery Services Act, F.S. ch. 497. CD12:1 CEMETERIES § 12-23 0 • • ARTICLE I. IN GENERAL Secs. 12-1-12-18. Reserved. ARTICLE II. CITY CEMETERIES Sec. 12-19. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cemetery or municipal cemetery means any cemetery owned by the city. Cemetery fund means the fund established for the perpetual care of the cemetery. (Code 1962, § 6-2; Code 1998, § 22-1; Code 2008, § 22-1; Ord. No. 237-C, § 1, 12-13-1983; Ord. No. 2017-31, § 1, 8-8-2017) Sec. 12-20. Penalty for violation of article provisions. Any person violating any of the provisions of this article shall be deemed guilty of a violation of this Code and, upon conviction, shall be punished as provided by section 1-7. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this article. (Code 1962, § 6-8; Code 1998, § 22-2; Code 2008, § 22-2; Ord. No. 237-C, '§ 1, 12-13-1983) Sec. 12-21. Rules, regulations and restric- tions. The council shall, by resolution, establish rules, regulations and restrictions for the use of the cemetery relating to: (1) Subdividing the cemetery into lots, blocks, streets, walkways, and recording the plats thereof; (2) Capacity of each lot; (3) Location of graves; (4) Type of plantings as well as the size of and materials in monuments and mark- ers that will be permitted for the proper and most attractive development of the cemetery; (5) Use of certain lots for single burials and burials of paupers; (6) Location of and plans and specifications for all structures of any kind for the interment of human bodies or cremated remains; and (7) All other matters for the orderly use and development of the cemetery. (Code 1962, § 6-3; Code 1998, § 22-3; Code 2008, § 22-3; Ord. No. 237-C, § 1, 12-13-1983; Ord. No. 350-C, § 1, 7-11-2006) Sec. 12-22. Rules for interment. No deceased person or the cremated remains of any deceased person shall be interred until: (1) A burial permit has been obtained from the city and, if required, from the state or any other agency as required by law; (2) The lot in which the interment is to be made has been fully paid for; (3) The person arranging for such interment has the right to the use of such lot; (4) Such lot is not used beyond its capacity; and (5) Proper record is made of the name, age and sex of the deceased person and of the exact location of the grave. (Code 1962, § 6-4; Code 1998, § 22-4; Code 2008, § 22-4; Ord. No. 237-C, § 1, 12-13-1983) Sec. 12-23. Lot valuations. The council shall, by resolution, place a value upon all unsold lots in the cemetery and the council may withhold from sale any area block or area within a block in order to promote the orderly use and development of the area. Such areas must be definitively marked on the cemetery records. When one lot is sold in a reserved area, then the whole area must be opened for sale to all persons. (Code 1962, § 6-5; Code 1998, § 22-5; Code 2008, § 22-5; Ord. No. 237-C, § 1, 12-13-1983) CD12:3 § 12-24 CLERMONT CODE Sec. 12-24. Restrictions on transfer and conveyance; records of owner- ship. (a) No owner of a lot or burial space in the cemetery shall sell or convey same to any other person or corporation other than to the city without the written consent of the city. The city reserves the right to pay no more than the original price of the lot or burial space. (b) The city shall keep full and complete records of ownership of all lots in the cemetery; of the burial capacity of each lot, sold and unsold; of the location of each grave; of the names of persons buried in each grave that has been used; and such other factual data as may be deemed necessary for such records. Information for such records must be furnished by those applying for the interment permit. (Code 1962, § 6-6; Code 1998, § 22-6; Code 2008, § 22-6; Ord. No. 237-C, § 1, 12-13-1983; Ord. No. 363-C, § 1, 11-25-2008) Sec. 12-25. Cemetery fund. The city shall account for all funds related to the cemetery in a separate fund known as the cemetery fund. Cemetery lot sale proceeds and interest may only be used for the routine maintenance and/or improvements to the cemetery. (Code 1962, § 6-7; Code 1998, § 22-7; Code 2008, § 22-7; Ord. No. 237-C, § 1, 12-13-1983; Ord. No. 2017-31, § 1, 8-8-2017) l� • CD 12:4 • l� u C� Chapter 13 RESERVED CD13:1 Chapter 14 ELECTIONS* Sec. 14-1. Mayor's proclamation and notice. Sec. 14-2. Nominating petitions; filing. Sec. 14-3. Form of official ballot. Sec. 14-4. Adoption of state election code provisions. Sec. 14-5. Election officers; compensation. Sec. 14-6. Conduct of election; tabulation. Sec. 14-7. Primary elections. Sec. 14-8. Questions may be submitted at general or special elections. Sec. 14-9. Procedure for placing initiative on ballot. Sec. 14-10. Paper ballots authorized for municipal elections in certain circumstances. �I 0 *State law reference —Florida election code, F.S. chs. 97-106. CD14:1 ELECTIONS § 14-5 0 • • Sec. 14-1. Mayor's proclamation and notice. (a) Ten weeks prior to the date of the primary election, as provided in section 14-7, or any special election, the mayor shall issue a proclama- tion calling the election. It shall specify what questions or propositions which are to be submit- ted to the electors and which officers are to be elected, the term of their office and the date and place the election shall be held. Qualifying for the election shall begin after the issuance of the proclamation. (b) The proclamation shall be substantially in the following form: Mayor's Proclamation The general election (a special election) of the City of Clermont shall be held in the Council Chambers on the day of 20 , between the hours of 7:00 a.m. and 7:00 p.m. eastern standard time. The purpose of this election is to elect: (Set forth officers to be elected and terms of their respective offices.) A primary election will be held on the day of 20 , if there are more than two candidates who qualify for any one of the above seats. (The following form shall be used for submit- ting any question or proposition:) At this election the following questions or propositions will be decided by the qualified voters of the City of Clermont. (State the question or proposition to be so decided.) Mayor (Publication dates) (c) The proclamation shall be published once each week for four consecutive weeks in a newspaper published in the city. If there are no newspapers so published, such proclamation shall be posted for a like time at four prominent places within the city. (Code 1962, § 7-6; Code 1998, § 26-1; Code 2008, § 26-1; Ord. No. 240-C, § 1, 3-27-1984; Ord. No. 275-C, § 2, 6-9-1992) Sec. 14-2. Nominating petitions; filing. Candidates for any elective office shall qualify by a petition signed by at least 25 qualified voters and filed with the city clerk during a qualifying period beginning at 12:00 noon on the 71st day prior to the first primary and ending at 12:00 noon the 67th day prior to the date of the first primary as prescribed in the state statutes or by the city council. The petition shall also contain, or have affixed thereto, the candidate's acceptance of the nomination, which shall also contain a statement that, if elected, the candidate will so serve. If not a part of the petition, the city shall omit the candidate's name from the ballot. All candidate petitions shall be preserved by the city clerk for six months after the date of the general or special election. (Code 1962, § 7-7; Code 1998, § 26-2; Code 2008, § 26-2; Ord. No. 275-C, § 3, 6-9-1992; Ord. No. 324-C, § 1, 5-13-2003; Ord. No. 356-C, § 1, 5-13-2008) Sec. 14-3. Form of official ballot. The official ballot for all general and special elections shall be prepared by the county supervi- sor of elections. (Code 1962, § 7-10; Code 1998, § 26-3; Code 2008, § 26-3; Ord. No. 275-C, § 4, 6-9-1992) Sec. 14-4. Adoption of state election code provisions. The provisions of the state election code are adopted by the city for city elections. (Code 1962, § 7-11; Code 1998, § 26-4; Code 2008, § 26-4) Sec. 14-5. Election officers; compensation. The county supervisor of elections shall be delegated the responsibilities of providing elec- CD 14:3 § 14-5 CLERMONT CODE tion inspection boards and conducting the elec- tion. The city shall provide the compensation and expenses for conducting the election. (Code 1962, § 7-13; Code 1998, § 26-5; Code 2008, § 26-5; Ord. No. 275-C, § 5, 6-9-1992) Sec. 14-6. Conduct of election; tabulation. The election inspection board under the supervi- sion of the county supervisor of elections shall conduct the election. The city council at the next regularly scheduled council meeting shall accept the returns and declare the result. (Code 1962, § 7-14; Code 1998, § 26-6; Code 2008, § 26-6; Ord. No. 275-C, § 6, 6-9-1992) Sec. 14-7. Primary elections. In the event there are more than two candidates who qualify for any one seat, there shall be a primary election held as set forth by the county supervisor of elections schedule or as set forth by state statute or as set forth by the city council. In the event one of the candidates receives a majority of the votes, the candidate shall be declared elected. In the event no candidate receives a majority of the votes, the two candidates for whom the highest number of votes were cast shall stand for election at the general election. (Code 1962, § 7-2; Code 1998, § 26-7; Code 2008, § 26-7; Ord. No. 275-C, § 1, 6-9-1992; Ord. No. 324-C, § 2, 5-13-2003) Sec. 14-8. Questions may be submitted at general or special elections. A question or proposition may be submitted to the qualified electors of the city at any general or special election ordered by the mayor under direction of the council. The same question or proposition shall not be submitted again to the qualified electors unless six months has expired since the question or proposition was previously so submitted. The rewording or rephrasing of the question shall not affect the expiration of the required six-month period. (Code 1962, § 7-4; Code 1998, § 26-8; Code 2008, § 26-8; Ord. No. 240-C, § 1, 3-27-1984) Sec. 14-9. Procedure for placing initiative on ballot. (a) Initiative. There is hereby established a procedure for registered voters of the city to place a question on the ballot at a general election of the city. (b) Petition. A petition to place a question on the ballot shall be presented to the city clerk in the following form: "We, the undersigned petitioners, request the following question to be placed on the ballot at the next general election: it (c) Percentage of registered voters. The peti- tion shall contain a minimum number of signatures equal to ten percent of the registered voters of the city at the time it is submitted to the city clerk, and each signature shall be accompanied by the current residence address of the respective registered voter. (d) Certification of signatures. Each petition shall be certified by the county supervisor of elections, who shall certify to the city clerk that the petition contains a minimum of ten percent of the registered voters of the city. (e) Time. The petition, certified by the county supervisor of elections, shall be filed with the city clerk on or before 5:00 p.m. of the last day for qualifying for the general election as provided in section 14-1. (f) Straw vote status. The results of the initia- tive shall be of a straw ballot nature and shall not be binding on the city council. (Code 1962, § 7-5; Code 1998, § 26-9; Code 2008, § 26-9; Ord. No. 240-C, § 1, 3-27-1984) Sec. 14-10. Paper ballots authorized for municipal elections in certain circumstances. Paper ballots may be utilized as the means of conducting municipal elections when authorized by resolution of the city council. In these instances, the city shall provide for use of a paper ballot by which voters shall mark their votes upon the paper ballot by hand and the votes shall be tabulated and counted by hand by the city clerk is CD14:4 ELECTIONS 0 • or other official so designated by the city council. Specific procedures to be employed in a paper ballot election shall be set by the city clerk or other official if designated, and as approved by the city council. Those members of the city council who are not involved in the election conducted in accordance with this section, shall serve as the elections canvassing board and shall resolve all issues involved in elections conducted in accordance with this section and shall certify the election results. (Code 1998, § 26-10; Code 2008, § 26-10; Ord. No. 319-C, § 1, 9-24-2002) § 14-10 CD 14:5 • • • Chapter 15 RESERVED CD15:1 • Chapter 16 EMERGENCY SERVICES* Article I. In General Seca. 16-1-16-18. Reserved. Article H. Alarms Systems Sec. 16-19. Definitions. Sec. 16-20. Penalty for violation of article provisions. Sec. 16-21. Application of article. Sec. 16-22. Notice of existence. Sec. 16-23. Responsibility for false alarm, response and corrective action. Sec. 16-24. Fee for multiple false alarms. Sec. 16-25. Disconnection of system. Sec. 16-26. Appeal. Sec. 16-27. Failure to disconnect or unauthorized reconnection of system. Sec. 16-28. Reconnection of system. Sec. 16-29. Alarm system operation responsibility. *State law references —Municipal Home Rule Powers Act, F.S. ch. 166; emergency management, F.S. ch. 252; medical transportation services, F.S. § 401.2101 et seq. CD16:1 EMERGENCY SERVICES § 16-21 0 • • ARTICLE I. IN GENERAL Secs. 16-1-16-18. Reserved. ARTICLE II. ALARMS SYSTEMS* Sec. 16-19. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm system means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. Enforcement official means the chief of police, fire chief or their designated representatives. False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance or because of the negligent or intentional misuse of the system caused by the owner, lessee, occupant or manager of the premises where the alarm is installed, i.e., smoking or welding could cause the misuse of the system by an employee, servant or agent of such person or any other activation of the alarm system not caused by a person or any other activation of the alarm system not caused by a forced entry, attempted forced entry, rob- bery; or not caused by fire, heat or smoke; provided, however, that a false alarm does not include alarms caused by acts of God or by external power failure, test alarm or those alarms intentionally activated by an owner, lessee, occupant or manager of premises who visually observed or heard suspicious circumstances which would cause a careful and prudent person to believe that a fire or forced entry, robbery or other felony was in progress at the premises protected by the alarm system. Fee means the assessment of a monetary charge, as authorized pursuant to this article. *State law reference —Electrical and alarm system contracting, F.S. § 489.501 et seq. Owner means any person who owns the premises in which an alarm system is installed or the person who leases, operates, occupies or manages the premises. Premises means any building, structure or combination of buildings and structures which serve as dwelling units, single-family or multifam- ily, or any other area within a building, structure or combination thereof which is used for any purpose, other than residential, wherein an alarm system is installed. Required operative alarm system means an alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity. Test alarm means the maintenance or testing of an alarm system for which testing or maintenance prior approval has been obtained from an enforcement official. (Code 1962, § 14-26(a); Code 1998, § 30-31; Code 2008, § 30-31; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-20. Penalty for violation of article provisions. Should any person fail to do an act required by the terms of this article, or should any person do any act declared in this article to be unlawful, such act shall, upon conviction of the violation or failure to comply with the terms of this section, be punishable as provided in section 1-7. (Code 1962, § 14-26(k); Code 1998, § 30-32; Code 2008, § 30-32; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-21. Application of article. (a) Newly installed or expanded alarm systems. The provisions of this article shall not apply to any newly installed alarm system or the expan- sion of an old system for a period of three months from the date of the installation of that alarm system but shall apply from and after the expira- tion of the initial three-month period following installation. Only the new portions to the expan- sion system shall be exempt from the provisions of this article for a period of three months from CD 16:3 § 16-21 CLERMONT CODE the date of installation of the expansion system and not the entire system. The time limit provided for in this section shall be measured from the date shown on the notice required by section 30-34. The initial exemption period shall not apply to any alarm system or expansion to an alarm system that has been in operation for more than three months prior to the effective date of the ordinance from which this section is derived. (b) Repaired, modified or replaced alarm systems. Any existing alarm system which is modified, replaced or repaired shall be exempt from the provisions of this article for a period of 14 days upon compliance with the provisions of section 16-22, commencing with the date shown on the notice. This exemption period shall not apply to any alarm systems which have been repaired, modified or replaced for more than two weeks prior to the effective date of the ordinance from which this section is derived. (Code 1962, § 14-26(i); Code 1998, § 30-33; Code 2008, § 30-33; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-22. Notice of existence. Every person who owns, leases, possesses or operates any alarm system within the city, whether the alarm system exists on the effective date of the ordinance from which this article is derived or whether the alarm system is installed thereafter, or whether it is an expansion of an existing system, shall, prior to alarm installa- tion, notify the enforcement official, on forms to be provided, of the existence of the alarm system. Notice shall include the following information: (1) The name, address, business and home telephone numbers of the owner, lessee, operator, manager or person in posses- sion of the premises wherein the alarm system is installed. (2) The name, address and telephone number of at least two persons who are to be notified by the enforcement official in the event of the activation of the alarm system, who shall be authorized to enter the premises and deactivate an alarm system. (3) The date the alarm system is to be installed. (Code 1962, § 14-26(b); Code 1998, § 30-34; Code 2008, § 30-34; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-23. Responsibility for false alarm, response and corrective action. For the purposes of this article, the responsibil- ity for a false alarm shall be that of the owner of the premises in which the alarm system is installed. A response to a false alarm shall result when any police officer or member of the fire department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system, by any means whatsoever, and response thereto by traveling to that premises. After responding to a false alarm, the enforcement official shall notify any person identified in the notice required pursuant to section 16-22 of the activation of the alarm system, and such person shall thereupon travel to the premises to deactivate the alarm system. Should the person notified fail to appear at the premises to deactivate the alarm system within 30 minutes after being notified to do so, the city shall charge the owner of the premises a fee as set forth in a fee schedule adopted by the city council by resolution and on file in the city clerk's office. Additionally, the enforcement official shall require the following of the owner of the premises: Make a written report within seven calendar days of the receipt of notice from the enforcement official, on forms prescribed and provided by the enforcement official, setting forth the cause of the false alarm, the corrective action taken, and the name, address, and telephone number of any maintenance, repair or serviceman who inspected or repaired the alarm system following the false alarm, as well as such other information as the enforcement official may deem is reasonably necessary to determine the cause of the false alarm, and the corrective action taken or required in order to correct the cause of the false alarm. (Code 1962, § 14-26(c); Code 1998, § 30-35; Code 2008, § 30-35; Ord. No. 259-C, §§ 1-11, 5-23- 1989) • • • CD16:4 EMERGENCY SERVICES § 16-28 0 • • Sec. 16-24. Fee for multiple false alarms. Should an enforcement official respond to more than three false alarms at one premises within the calendar quarter, the city shall charge the owner according to a fee schedule adopted by resolution and on file in the city clerk's office. (Code 1962, § 14-26(d); Code 1998, § 30-36; Code 2008, § 30-36; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-25. Disconnection of system. (a) Except for a premises protected by a required operative alarm system, the enforce- ment official is authorized to order the discon- nection or deactivation of any alarm system, by written notice to the owner of a premises wherein an alarm system is installed, for any of the following reasons: (1) Failure to pay the fees provided for in section 16-23 or 16-24 within ten days of the charging of the fee; (2) If the fourth false alarm or any succeed- ing false alarm at a premises for which a fee is charged pursuant to section 16-24 is the result of the failure of the owner to take corrective action to eliminate the cause of the false alarm; or (3) Because of the failure of a person notified pursuant to section 16-22 to appear within 30 minutes after being notified to deactivate an alarm system, if such failure to timely appear occurs two or more times within the calendar quarter. (b) The written notice to the owner of the premises shall specify the date on which the owner shall be required to disconnect or deactivate the alarm system, which date shall be at least 14 days following the date of the notice. The owner may appeal the order of the enforcement official pursuant to section 16-26. (Code 1962, § 14-26(e); Code 1998, § 30-37; Code 2008, § 30-37; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-26. Appeal. An owner who receives a notice to disconnect or deactivate an alarm system pursuant to sec- tion 16-25 shall be entitled to appeal the order of the enforcement official to the city manager. An appeal must be in writing, stating the reasons why the order to disconnect or deactivate should be withdrawn, and shall be made within ten days of receipt of the notice to disconnect by the owner. The city manager shall review the facts and circumstances and shall determine whether the owner has shown good cause why the order should be withdrawn. Upon making a decision on the matter, the city manager shall notify the owner of the decision in writing. If the city manager affirms the order to disconnect or deactivate an alarm system, the owner shall have three days following the receipt of the written decision of the city manager within which to comply with the order. The appeal of an order to disconnect or deactivate shall suspend the effective date of the order until the appeal has been acted upon by the city manager. (Code 1962, § 14-26(f); Code 1998, § 30-38; Code 2008, § 30-38; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-27. Failure to disconnect or unauthorized reconnection of system. It shall be unlawful for any person to fail to disconnect or deactivate an alarm system which has been ordered disconnected or deactivated pursuant to section 16-25 or following the disposi- tion of an appeal pursuant to section 16-26, if the city manager affirmed the order to disconnect or deactivate. It shall be unlawful for any person to reconnect an alarm system which has been discon- nected or deactivated pursuant to the order of the enforcement official unless the reconnection of the alarm system is authorized pursuant to section 16-28. Any person violating the provi- sions of this section shall be subject to the penalties provided for in section 16-20, such penalty being cumulative to other administra- tive remedies provided in this article. (Code 1962, § 14-26(g); Code 1998, § 30-39; Code 2008, § 30-39; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-28. Reconnection of system. Any order to disconnect or deactivate an alarm system may be rescinded by the enforcement CD 16:5 § 16-28 CLERMONT CODE official upon a finding by the enforcement official that the owner of the premises has taken correc- tive action which it is reasonable to conclude will remedy the cause of the false alarms at the premises. In making a request for such a rescis- sion, the owner shall have the burden to show what corrective action has been taken and that such action is sufficient to support a finding that the cause of the false alarms has been remedied. The enforcement official shall have the right to inspect the alarm system and test such alarm system prior to rescinding the order to discon- nect or deactivate. The enforcement official shall not rescind an order to disconnect or deactivate if the owner has failed to pay any fee charged the owner pursuant to sections 16-23 and 16-24. (Code 1962, § 14-26(h); Code 1998, § 30-40; Code 2008, § 30-40; Ord. No. 259-C, §§ 1-11, 5-23- 1989) Sec. 16-29. Alarm system operation responsibility. The city, its officers, employees and agents shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned alarm system, such duties or responsibilities being solely those of the owner of the premises. Addition- ally, it shall be solely the responsibility of the owner of the premises to silence an activated alarm and thereafter to reset the alarm. (Code 1962, § 14-260); Code 1998, § 30-41; Code 2008, § 30-41; Ord. No. 259-C, §§ 1-11, 5-23- 1989) • • is CD 16:6 �J • • Chapter 17 RESERVED CD 17:1 C� Chapter 18 ENVIRONMENT AND NATURAL RESOURCES* Article I. In General Secs. 18-1-18-18. Reserved. Article II. Noise Sec. 18-19. Scope. Sec. 18-20. Purpose. Sec. 18-21. Terminology, standards and definitions. Sec. 18-22. Findings of fact. Sec. 18-23. Prohibited acts. Sec. 18-24. Maximum permissible sound level limits. Sec. 18-25. Sound measurement. Sec. 18-26. Exceptions. Sec. 18-27. Conflicts in restrictive standard. Sec. 18-28. Enforcement. Sec. 18-29. Other remedies. Sec. 18-30. Liability of enforcement officer. Sec. 18-31. Administration. Sec. 18-32. Measurement of noise. Seca. 18-33-18-52. Reserved. Article M. Nuisances Generally Sec. 18-53. Prohibited items, conditions or actions constituting nuisances. Sec. 18-54. Creation or maintenance of nuisance by property owner declared unlawful. Sec. 18-55. Notice to abate. Sec. 18-56. Failure of owner to comply; lien. Sec. 18-57. Exceptions; citrus groves. Seca. 18-58-18-87. Reserved. Article IV. Junked, Wrecked and Abandoned Property Sec. 18-88. Definitions. Sec. 18-89. Penalty for violation of article. Sec. 18-90. Junkyards prohibited; exception. Sec. 18-91. Procedures for determination of and elimination of junkyards. Sec. 18-92. Prohibition of storage of certain items. Sec. 18-93. Removal within five business days of notice; service; certificate of notice. Sec. 18-94. Exceptions to provisions of article. Sec. 18-95. Enforcement; removal after notice. Seca. 18-96-18-118. Reserved. Article V. Rat Control Sec. 18-119. Statement of article policy. Sec. 18-120. Definitions. Sec. 18-121. Penalty for violation of article. Sec. 18-122. Buildings to be free of rats. "State law references -Municipal Home Rule Powers Act, F.S. ch. 166; environmental control, F.S. ch. 403; natural resources, F.S. ch. 373 et seq. CD18:1 CLERMONT CODE Sec. 18-123. Compliance with article required; notice or order. Sec. 18-124. Maintenance of premises by owners and occupant of building. Sec. 18-125. Planning and development services department empowered to make inspections. Sec. 18-126. Power of planning and development services department to require elimination of rat harborage. Sec. 18-127. Removal of ratproofing. Sec. 18-128. Garbage or certain refuse to be stored in containers. Sec. 18-129. Affording food or harborage for rats. Sec. 18-130. Accumulation of certain materials. Sec. 18-131. New buildings and existing structures undergoing repairs to be made free of any rat harborage. Sec. 18-132. Right of appeal. Seca. 18-133-18-162. Reserved. Article VI. Hazardous Materials; Cost Recovery for Incidents Sec. 18-163. Intent and purpose; jurisdiction. Sec. 18-164. Definitions. Sec. 18-165. Liability for costs. Sec. 18-166. Collection and payment of costs. Sec. 18-167. Methods of enforcement Seca. 18-168-18-187. Reserved. Article VII. Water Shortages Sec. 18-188. Intent and purpose. Sec. 18-189. Definitions. Sec. 18-190. Application of article. 40 Sec. 18-191. Amendments to water shortage plan. Sec. 18-192. Declaration of water shortage; water shortage emergency. Sec. 18-193. Enforcement. Sec. 18-194. Penalties. Seca. 18-195-18-211. Reserved. Article VIII. Water Efficient Irrigation and Landscaping Division 1. Generally Sec. 18-212. Definitions. Sec. 18-213. Purpose and intent. Sec. 18-214. Scope. Sec. 18-215. Enforcement. Sec. 18-216. Application of landscape and irrigation system design provi- sions. Sec. 18-217. Application of landscape irrigation provisions. Sec. 18-218. Exception to landscape irrigation provisions. Seca. 18-219-18-244. Reserved. Division 2. Irrigation Sec. 18-245. Fine schedule. Sec. 18-246. Irrigation standards. Sec. 18-247. Irrigation plan submittal. Sec. 18-248. Irrigation system design. Sec. 18-249. Irrigation system inspection and maintenance. Sec. 18-250. Landscape irrigation schedule. Seca. 18-251-18-278. Reserved. CD18:2 ENVIRONMENT AND NATURAL RESOURCES Division 3. Landscaping Sec. 18-279. Landscaping standards. Sec. 18-280. Plan submittal. Sec. 18-281. Design standards. Sec. 18-282. Inspection and acceptance. • • CD 18:3 • • • ENVIRONMENT AND NATURAL RESOURCES § 18-21 ARTICLE I. IN GENERAL Ambient noise level means the sound pressure level of the all -encompassing noise emanating from a given environment, usually being a Secs. 18-1-18-18. Reserved. composite of sounds from many sources. ARTICLE II. NOISE* Sec. 18-19. Scope. This article shall be effective throughout the city limits. (Code 2008, § 34-31; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-20. Purpose. The purpose of this article is to prevent and prohibit excessive and unnecessary noise and provide for the abatement of excessive and unnecessary noise in order to protect the health, safety and general welfare of people in the city and to restrict excessive unnecessary noise throughout the city. (Code 2008, § 34-32; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-21. Terminology, standards and definitions. (a) Terminology and standards. All technical acoustical terminology and standards used in this article which are not defined in subsection (b) of this section shall be read or construed in conformance with applicable publications of the American National Standards Institute, Inc. (ANSI), or its successor body. (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: A -weighted sound pressure level means the sound pressure level, in decibels, as measured on a sound level meter using the A -weighting network. The level so read shall be designated as db(A) or dBA. *State law reference —Motor vehicle noise, F.S. §§ 316.293, 403.415. Amplified sound equipment means electronic or other equipment that projects or transmits music, sound waves, vibration or speech, includ- ing, but not limited to, a loudspeaker, megaphone, amplifier or public address system. Commercial use means uses allowed under the zoning designations of C-1, C-2, and M-1. Construction means any site preparation, assembly, erection, substantial repair, altera- tion, or similar action, for or on public or private thoroughfares, structures, utilities or similar property. Decibel or dB means a unit for measuring the volume of sound; it is a logarithmic (dimension- less) unit of measure used in describing the amplitude of sound. Demolition means any dismantling, destruct- ing, razing or removal of structures, utilities, public or private thoroughfare surfaces, or similar property. Device means a mechanism which is intended to produce or which actually produces noise when operated or handled. Emergency means any occurrence or circumstance involving actual or imminent physi- cal death or trauma or property damage, demand- ing immediate emergency work or service. It shall be the burden of the alleged violator to prove the emergency. Emergency vehicle means a motor vehicle, boat or aircraft used in response to an emergency. Such vehicles include, but are not limited to, police vehicles, fire and rescue vehicles, and ambulances. Fluctuating noise means the sound pressure level of noise varying more than six dB(A) during the period of observation when measured with the slow meter characteristic of a sound level meter. It does not equal the previously existing ambient noise level more than once during the period of observation. CD 18:5 § 18-21 CLERMONT CODE Impulsive sound means a sound of short dura- tion, usually less than one second and of high intensity, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, the barking of dogs, and the beating of drums. Industrial use means uses allowed under the zoning designation M-1. Level, day -night (Ldn) means a 24-hour aver- age of the A -weighted sound pressure level, with the levels during the period of 10:00 p.m. to 7:00 a.m. increased by ten dB(A) before averaging. Motor vehicle means any vehicle defined as a motor vehicle by F.S. § 320.01(1), including, but not limited to, passenger cars, trucks, truck trailers, semitrailers, campers, motorcycles, minibikes, go-carts, amphibious craft on land, dune buggies, and racing vehicles which are propelled by mechanical power. Motorboat means any vehicle which is primar- ily operated on water or which does operate on water, such as boats, barges, amphibious craft, or hover craft, and which is propelled by mechani- cal power. Muffler means any apparatus consisting of baffles, chambers, or acoustical absorbing mate- rial whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end. Multifamily residential dwelling means a build- ing designed or used exclusively for residential occupancy by two or more families. Multifamily residential dwelling unit means the portion of a multifamily residential dwelling designed or used exclusively for residential occupancy by only one family. Noise means any sound produced in such quantity and for such duration that it annoys, disturbs, endangers or injures the comfort, repose, health, peace, or safety of a reasonably prudent person of ordinary sensibilities, and also includes sounds at or above decibel levels as specifically prohibited by this article. Noise -sensitive zone means a quiet zone which is open or in session, and which is demarcated by conspicuous signs identifying it as a quiet zone. Noise -sensitive zones may be established only for schools, public libraries, churches, hospitals, and nursing homes. These zones are to be established as approved by the city council. Office use means uses allowed under the zoning designation 0-1. Period of observation means the time interval during which acoustical data and facts are obtained. Police department means the city police depart- ment and each officer thereof. Powered model vehicles means any powered vehicles, either airborne, waterborne or land - borne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means. Property line means an imaginary line along the surface of land or water, and its vertical plane extension, which separates the real property owned, rented or leased by one person from the real property owned, rented or leased by another person. Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by the city, county, state or federal government. Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measure- ment, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. Receiving land use means the use of the land which is receiving the sound or noise as designated by the city zoning map; and for recently incorporated areas, the effective zoning category. l� u • • CD 18:6 ENVIRONMENT AND NATURAL RESOURCES § 18-23 0 • Residential use means uses allowed under a zoning designation of UE, R-1A, R-1, R-2, R-3, R-3A, and planned unit development. RMS sound pressure means the square root of the time averaged square of the sound pressure. Single-family residential dwelling means a detached dwelling containing complete housekeep- ing facilities for only one family, designed for or occupied exclusively by one family for usual domestic purposes, and having no enclosed space or cooking facilities or sanitary facilities in common with any other dwelling. Single-family residential dwelling lot means the parcel of land upon which a single-family residential dwelling is located. Sound means an oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. Sound level means the weighted sound pres- sure level obtained by the use of a metering characteristic and weighting A, B, or C as speci- fied in American National Standards Institute specifications for sound level meters (ANSI S1.4- 1971), or successor publications. If the weighting employed is not indicated, the A -weighting shall apply. Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting network used to measure sound pres- sure levels. The output meter reads sound pres- sure level when properly calibrated. The instrument is of type 2 or better, as specified in the American National Standards Institute publication titled Specifications for Sound -Level Meters, designated as ANSI S1.4-1971, or suc- cessor publication. Sound pressure means the instantaneous dif- ference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per meter squared. The sound pressure level is denoted Lp or SPL and is expressed in decibels. Steady noise means a sound pressure level which remains essentially constant during the period of observation, i.e., the fluctuations are too small to meet the criteria for fluctuating noise. (Code 2008, § 34-33; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-22. Findings of fact. (a) Excessive and unnecessary noise interferes with the quality of life and the health, safety and general welfare of the public. (b) In particular, excessive and unnecessary noise can and does cause adverse psychological and physiological effects in humans, inefficiency, accidents and other undesirable and dangerous conditions. (c) A substantial body of science and technol- ogy exists by which noise may be measured and substantially abated. (Code 2008, § 34-34; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-23. Prohibited acts. (a) Unlawful production of sound levels or receiving land use activities; category of use determined. It shall be unlawful for any person to produce, cause to be produced, allow to be produced or project, by any means, any sound or noise across a property line in such manner as to create a sound level which exceeds the limits set forth for the receiving land use listed in section 18-24 when measured at or within the property line of the receiving property. For any activity or use of land or buildings not expressly listed in the zoning districts in the city, the city council, upon notice to the owner or occupant of the property producing sound, may determine the category of use under this article for which the activity or use is to be considered. Notwithstand- ing the foregoing, the existence of a noise which CD 18:7 § 18-23 CLERMONT CODE relates to the receiving land use listed in section (2) 18-28 may be determined by the city's law enforcement officers, code enforcement officers, code inspectors, and/or their agents pursuant to section 18-28(a)(1). (b) Declaration of specific uses, activities and circumstances. Notwithstanding any violation of subsection (a) of this section, the following specific uses, activities and circumstances are declared to be in violation of this article: (1) Radios, television sets, exterior loudspeak- ers, musical instruments, and similar devices. Using or operating, or permit- ting the use or operation of, any radio receiving set, exterior loudspeaker, ampli- fied sound equipment, musical instru- ment, phonograph, television set, or other machine or device for the production or reproduction of sound in such a manner as to create a noise across the boundary of the property, including, without limita- tion, public and private rights -of -way from which the noise originates. In addi- tion to the preceding, radios, cassette players, disk players and similar devices associated with motor vehicles or motorboats, shall not be operated or ampli- fied in such a manner as to be felt or clearly heard at 25 feet or more from such device, when operated or parked on a public or private right-of-way or public or private space. In determining whether such devices may be clearly heard, the city's law enforcement officers, code enforcement officers, code inspectors, and/or their agents must utilize their normal auditory senses without any enhancements or hearing aids. Particular words or phrases or the name of any song or artist are not required to be identified. The detection of a rhythmic bass reverberating sound shall be sufficient to determine if a violation has occurred. To the extent that the Florida Uniform Traf- fic Control Law provisions regulate noise originating from within public or private rights -of -way, those provisions shall apply where currently existing or as amended. Construction equipment and activity. Operating or causing to be operated any equipment or performing any outside activity in furtherance of construction, repair, alteration or demolition work on buildings, structures, roads, or projects within the city except between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, excluding all legal, state, and nationally recognized holidays. The city manager or authorized designee may allow construc- tion equipment and activity outside of this timeframe on a case -by -case basis when it is determined to be in the best interest of the city. The city manager may impose conditions that limit any negative impacts to the surrounding properties. (3) Engine mufflers. Operation of any internal combustion engine, including, but not limited to, an engine associated with a motorboat, or motor vehicle without a muffler or other effective sound -dampen- ing device which functions as designed by the manufacturer muffler or other effective sound -dampening device, which prevents loud or explosive noise therefrom. (4) Motor vehicle, motorcycle or motorboat repair in residential areas. Repairing, rebuilding, modifying or testing any motor vehicle, off -road vehicle, or motorboat within or abutting any residential land use designation in such a manner as to create noise across the boundary of the property, including without limitation, public and private rights -of -way from which the noise originated between the hours of 9:00 p.m. and 7:00 a.m. (5) Activities in the vicinity of schools, courts, churches, and hospitals. Creating sound on any street adjacent to any school, court, church, or hospital which sound constitutes a noise as perceived from the interior of such institution. u • (6) Peddlers, hawkers, or vendors. It shall be unlawful for peddlers, hawkers, or vendors 0 NOWIZ ENVIRONMENT AND NATURAL RESOURCES § 18-24 0 • • (7) (8) (9) to shout or cry along or on a roadway in such a manner as to create noise on property outside the right-of-way. Drums, cymbals, and amplified sound equipment. Creating, making, or maintain- ing any sound by the use of any drum, cymbals, amplified sound equipment, or other similar instruments in the city for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business so that a noise is projected across the boundary of the property from which the noise originates. Bells or sirens on vehicles. Using, in connection with an unauthorized vehicle, any bell or siren similar to that used on ambulances or vehicles of the police, fire departments, and other public safety agen- cies. Skateboard ramps. Using any skateboard ramp or similar configuration for skateboarding or rollerblading between 9:00 p.m. and 7:00 a.m. in a residential land use designation in a manner that results in noise across the boundary of the property from which the noise originates. (10) Air -blow or vacuum cleaners. Operating any air -blow or vacuum cleaning equip- ment or similar devices for the cleaning of parking lots, walkways, driveways, or similar areas between the hours of 9:00 p.m. and 7:00 a.m. that results in noise across the boundary of the property from which the noise originates. (11) Places of public entertainment. It shall be unlawful for any public entertainment establishment or person associated with or working for said establishment to operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to create a noise across the boundary of the property from which the noise originates. (12) Landscape maintenance. Undertaking landscape maintenance activities in such a manner as to create noise across the boundary of the property from which the noise originates between the hours of 9:00 p.m. and 7:00 a.m. Golf courses engaged in the regular maintenance of greens, fairways, practice areas, etc., are exempt from this provision. (13) Powered model vehicles. Operating or permitting the operation of powered model vehicles in such a manner as to create noise across the boundary of the property from which the noise originates between the hours of 9:00 p.m. and 7:00 a.m. (14) Animal noises. It shall be unlawful for the owner or custodian of any animal to permit such animal to habitually bark, whine, howl, squawk, screech, bray, crow or cause any other noise which constitutes a noise experienced across the boundary of the property from which the noise originates. (15) Loading docks. It shall be unlawful for any commercial or industrial establish- ment to engage in any loading or unload- ing of equipment or merchandise from a vehicle between the hours of 9:00 p.m. and 7:00 a.m. where such activity results in a noise being generated across the boundary of the property from which the noise originates onto property occupied for residential purposes. (16) Activities within the vicinity of sleeping quarters. Actions or activities between the hours of 11:00 p.m. and 7:00 a.m. resulting in transmission of a sound across the boundary line of the property where the actions or activities occurs such that the sound constitutes a noise as perceived from within the interior of a building used for residential or lodging purposes. (Code 2008, § 34-35; Ord. No. 2015-79, § 2, 12-8-2015; Ord. No. 2018-01, § 2, 1-23-2018) Sec. 18-24. Maximum permissible sound level limits. (a) The following applicable sound level limits are established for the following applicable times when measured at or within the property lines of the following applicable receiving land use categories: CD 18:9 § 18-24 CLERMONT CODE Receiving Land Use Sound Level Limit Designation Time WBA) Single-family residential dwelling 7:00 a.m.— 9:00 p.m. 60 lot, parcel, or area; any other lot, parcel or area zoned for residential use except a multifamily residential dwelling unit; any noise -sensi- tive zone 9:00 p.m.— 55 7:00 a.m. Multifamily 7:00 a.m.— 55 residential dwelling 9:00 P.M. unit 9:00 p.m.— 45 7:00 a.m. Lot, parcel or area 7:00 a.m.— 75 zoned for office use 9:00 P.M. 9:00 p.m.— 70 7:00 a.m. Commercial other 7:00 a.m.— 75 than office use 9:00 P.M. 9:00 p.m.— 70 7:00 a.m. Industrial 7:00 a.m.— 75 9:00 P.M. 9:00 p.m.— 70 7:00 a.m. Agricultural 7:00 a.m.— 75 9:00 P.M. 9:00 p.m.— 70 7:00 a.m. (b) Any source of sound which emits a pure tone or is characterized as an impulsive sound will reduce by five dBA the sound level limits set forth in subsection (a) of this section. (c) To the extent other sections of this article allow sounds at levels that exceed the sound level limits and times specified in the above chart, the other sections of this article control. (Code 2008, § 34-36; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-25. Sound measurement. Except as may otherwise be provided in sec- tion 18-23(b), sound measurements taken under this article shall be made with a sound level meter. Recorded measurement shall be taken so as to secure and ensure an accurate representa- tion of the sound. All periods of observation made hereunder shall be determined with regard to the character of the noise being measured and the particular instrument used to make the measurement. (Code 2008, § 34-37; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-26. Exceptions. (a) The following noise and sounds are exempt from this article: (1) Noise and sounds caused by or related to emergency vehicles, equipment, and personnel during emergencies, which shall be deemed to include all work made necessary by an emergency to restore property to a safe condition, all work made necessary by an emergency to restore public utility service and all work made necessary by an emergency to protect persons or property from imminent injury, death, or substantial harm. (2) Noise and sounds produced by city, county, state, and federal government vehicles, equipment and personnel during the pursuit of official duties of the respective governments, including, but not limited to, public works construction and maintenance, authorized safety signals, warning devices and emergency testing. (3) Noise and sounds produced by public utility vehicles, equipment and person- nel during the pursuit of the public duty of such public utility. (4) Noise and sounds produced by activities or events approved by the city council where the person responsible for such activities or events obtains the city council's approval after such person clearly and expressly has advised the city council that the noise or sounds associated with the activities or events would be in viola- tion of this article but for this exemption. (5) Railway locomotives and railway cars. (6) Aircraft and airport activity conducted in accordance with federal laws and regula- tions. (7) Motor vehicles operating on a public right-of-way subject to F.S. § 316.293 or other provisions of the Florida Uniform Traffic Control Law that regulate noise and sounds originating from within public or private right-of-way where currently existing or as amended. u is • CD18:10 ENVIRONMENT AND NATURAL RESOURCES § 18-28 (8) Organized athletic contests. such levels is difficult, unduly burdensome or (9) Noise and sounds produced from churches impossible, the sound level limits in this article between the hours of 7:00 a.m. and 10:00 shall control. (Code 2008, § 34-39; Ord. No. 2015-79, § 2, p.m. 12-8-2015) (10) Community events, such as fairs, school activities, community festivals and the like which do not extend their activities Sec. 18-28. Enforcement. beyond 11:00 p.m. or commence before 7:00 a.m. Any community activity which (a) Determination of violations. The city's law extends beyond 11:00 p.m. or commences enforcement officers, the city manager, code before 7:00 a.m. and would otherwise enforcement officers, code inspectors, and their violate this article must apply for and agents are empowered to investigate any situa- receive prior approval from the city. tion where a person is alleged to be violating sections 18-23 and 18-24 or the terms of any (11) Noise and sounds produced by an electri- variance. These individuals shall have authority cal generator during a time period in to issue citations for all violations of this article. which regular electrical utility service is If any of these individuals encounters a temporarily unavailable to the property circumstance which reasonably indicates that a upon which the generator is located. person is violating a provision of section 18-23 or (12) Noise and sound associated with uses or 18-24, the following standards shall apply depend - activities for which a variance has been ing upon the provision alleged to have been obtained from the city approving such violated: noises and sounds contrary to the restric- (1) Violations of section 18-23(a). If a viola- tions of this article. tion of section 18-23(a) is alleged, a sound (b) To the extent any portion of this article level pressure test may be utilized to covers a matter covered by F.S. § 403.415, the establish the violation. The city may; Florida Motor Vehicle Noise Prevention and through agreement with other local Control Act of 1974, or any other provisions of governments or other entities, provide the Florida Uniform Traffic Control Law, the for the measurement of sound and noise provisions of this article covered by such act or and for the performance of sound level law shall be of no effect. For matters not covered pressure tests and other matters as such by the act or law, all of the sections of this article may be used in the enforcement of this are in full force and effect. Additionally, any article and the enforcement of section violation of such act within the city shall be a 18-32. Additionally, the city's law enforce - violation of this article, and such violation may ment officers, the city manager, code be penalized, and such act may be enforced enforcement officers, code inspectors, through the enforcement provisions of this article and/or their agents, may assess whether and this Code. a particular sound constitutes a noise as (Code 2008, § 34-38; Ord. No. 2015-79, § 2, to the receiving land use listed in section 12-8-2015; Ord. No. 2018-01, § 2, 1-23-2018) 18-24. In assessing whether a noise has been or is continuing to be created, the Sec. 18-27. Conflicts in restrictive investigating agent shall investigate the standard. matter and be entitled to rely on the agent's observations, witness statements, If this article and section 18-32 provide for and any other evidence available. In different maximum noise levels, the more restric- determining whether a sound constitutes tive maximum level shall apply. If the noise levels (maximum sound pressure level) in sec- a noise, the investigating agent shall objectively evaluate the alleged noise by tion 18-32 cannot be enforced or measurement of considering several environmental and CD18:11 § 18-28 CLERMONT CODE contextual factors, including, but not limited to, the criteria set forth in section 18-28(a)(2). (2) Violations of section 18-23(b). If a viola- tion of section 18-23(b) is alleged, then the city's law enforcement officers, the city manager, code enforcement officers, code inspectors, and/or their agents, in assessing whether a noise has been or is continuing to be created shall investigate the matter and be entitled to rely on their observations, witness statements, and any other evidence available. In determining whether a sound constitutes a noise, the investigating agent shall objectively evaluate the alleged noise by considering several environmental and contextual factors, including, but not limited to, the following: a. The intensity of the alleged noise. b. The duration of the alleged noise. C. The relationship of the alleged noise to the intensity of background or ambient sounds, if any. d. The uses permitted within the zoning district in which the alleged noise emanates or emanated and the uses permitted within zoning districts that lie within 500 feet of the source of the alleged noise. e. The time of the day or night at which the alleged noise occurs. f. The proximity of the alleged noise to facilities customarily utilized for sleeping purposes. g. Whether the alleged noise is continu- ous or impulsive. h. The existence of additional complaints concerning the alleged noise from additional persons who claim to be affected by the alleged noise. i. Whether the alleged noise is due to natural occurrences or humanmade activities. (b) Enforcement. In the event that a violation of this article has occurred or is occurring, the city shall have the right to one or more of the following remedies or actions: (1) Code enforcement proceedings. The city may initiate a code enforcement proceed- ing against the persons or entities in violation and/or the property owner of the real property where the violation occurs. A violation of this article may be prosecuted as a violation of an itinerant or transient nature and one that is irreparable and irreversible. (2) Civil citation. A civil citation may be issued against the person or entity in violation as set forth in section 18-53. The city's law enforcement officers or code enforcement officers are authorized to issue notices to appear to the violator. (3) Criminal penalty. The city may prosecute the violator for an offense punishable as provided in section 1-7. (4) Other remedies. The city may institute any appropriate action at law or in equity to bring about compliance or remedy, including, but not limited to, instituting an action in court to enjoin violating actions, in which case the violating person or entity shall be liable to the city for reimbursement of the city's attorneys' fees and costs concerning such action. (Code 2008, § 34-40; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-29. Other remedies. The city council or any substantially affected person may bring suit in the circuit court of the county to restrain, enjoin, or otherwise prevent the violation of this article. Nothing contained in this article shall prevent or restrict the city from taking such other lawful actions in any court of competent jurisdiction as is necessary to prevent or remedy any violation or situation of noncompli- ance. Such other lawful actions may include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. • • • CD18:12 • • ENVIRONMENT AND NATURAL RESOURCES § 18-53 All remedies and penalties provided for in this article shall be cumulative and independently available. (Code 2008, § 34-41; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-30. Liability of enforcement officer. The police department, the environmental protection officer, the city and their agents are immune from prosecution, civil or criminal, for reasonable, good faith trespass upon private property while in the discharge of duties under this article. (Code 2008, § 34-42; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-31. Administration. It shall not be a violation of section 18-23(a) or (b) if the noise at issue relates to or is produced as a result of pre -approved city events or activi- ties. Such exemptions include, but are not limited to, activities and events sponsored, conducted, or permitted by the city. (Code 2008, § 34-43; Ord. No. 2015-79, § 2, 12-8-2015) Sec. 18-32. Measurement of noise. (a) Method of measurement. For the purpose of this article, sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Associa- tion (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3- 1944, American Standards Association, Inc., New York, and American Standard Specification for an Octave -Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York). (b) Locational requirement for measurement. Sound levels shall be measured along the boundar- ies of the site. (c) Permitted sound levels. Permitted sound levels shall be as follows: Maximum Sound Pressure Level (in decibels 0.0002 dyne per square centimeter) Octave Band (cycles per second) Along Residential District Boundar- ies Along Commercial and Industrial District Boundar- ies 0-75 69 79 75-150 54 74 150-300 47 66 300-600 41 59 600-1,200 37 53 1,200-2,400 34 47 2,400-4,800 31 41 Above 4,800 28 39 (d) Applicability of standards. These standards shall apply to all noises, due to intermittence, beat frequency or shrillness. (Code 2008, § 34-44; Ord. No. 2015-79, § 2, 12-8-2015) Secs. 18-33-18-52. Reserved. ARTICLE III. NUISANCES GENERALLY* Sec. 18-53. Prohibited items, conditions or actions constituting nuisances. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance: (1) Weeds. Any weeds such as broom grass, jimson, burdock, ragweed, sandspur or other similar weeds; or any other vegeta- tion, including grass, other than trees, ornamental bushes, flowers or other ornamental plants with a height exceed- ing 18 inches. (2) Refuse. Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter; fruit, vegetables, offal, bricks, concrete, scrap lumber or other building debris or other refuse of any nature. *State law references —Abatement of nuisances by injunction, F.S. § 60.05 et seq.; nuisances injurious to health, F.S. ch. 386; public nuisances generally, F.S. ch. 823. CD18:13 § 18-53 CLERMONT CODE (3) Harborage for rats, snakes and other vermin. Any condition which provides harborage for rats, mice, snakes and other vermin. (4) Dilapidated buildings. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation or kept in such an insanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. (5) Noises. All unnecessary or unauthorized noises and annoying vibrations, includ- ing animal noises. (6) Odors and stenches. All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or genera- tion of such odors and stenches. (7) Carcasses of animals or fowl. The carcasses of animals or fowl not disposed of within a reasonable time after death. (8) Pollution of bodies of water. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery wastes, industrial wastes or other substances. (9) Places where illegal activities take place. Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained. (10) Stagnant water. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground. (11) Storage of junk in residential areas. The storage or accumulation of junk in any area zoned for residential use. within the city, except as may be allowed through the city's sewer system, or as otherwise authorized by articles VII and VIII of this chapter and state law. (13) Improperly built or maintained private disposal systems. Improperly built or maintained septic tanks, water closets, or privies. (14) Health or life -threatening activities. Any act by which the health or life of any individual may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused. (15) Unapproved sewage or grease disposal methods. Any method for disposing of the contents of any septic tank, dry well, raw sewage, grease or similar material which has not been approved by the county health department or state department of health and rehabilitative services. (16) Improper maintenance or operation of vehicles used for transport and disposal of sewage orgrease. Improper maintenance or operation of any vehicle designed or used for the transportation or disposal of the contents of any septic tank, dry well, raw sewage, grease or similar material, which may threaten or impair the health or lives of any individual, or by which or through which, directly or indirectly, disease may be caused. (Code 1998, § 34-61; Code 2008, § 34-61) Sec. 18-54. Creation or maintenance of nuisance by property owner declared unlawful. It shall be unlawful for any person to create a nuisance, or suffer or permit a nuisance to exist, upon property which is under the person's care, custody or control. (Code 1998, § 34-62; Code 2008, § 34-62) (12) Discharge of sewage or grease. Any act Sec. 18-55. Notice to abate. resulting in the discharge, dumping or disposal of any contents of any septic Upon receipt of a report of a condition as tank, dry well, raw sewage, grease or prescribed in section 18-53 on any property in similar material, regardless of its source, the city, and after due consideration thereof, the into or upon any land or body of water city manager shall direct the city clerk to notify �J • • CD18:14 ENVIRONMENT AND NATURAL RESOURCES § 18-89 0 • • in writing, the owner, if known, and occupant of such property and give them ten days from the date of notice to have removed from their property, as well as adjacent sidewalks and parkways, such conditions, and, if not done, the city would have such work performed for which the city would claim and enforce a lien against such real property. (Code 1962, § 11-6; Code 1998, § 34-63; Code 2008, § 34-63; Ord. No. 232-C, § 2, 4-12-1983) Sec. 18-56. Failure of owner to comply; lien. (a) If the owner or occupant fails or refuses to have the work performed, the city manager shall either contract for or have the city crews perform such work. If the city crews perform such work, the charge shall be equal to that of an independent contractor, day laborer and regular machine hire charges. (b) The city clerk shall bill the owner and occupant of the property and, if not paid within 30 days, the clerk shall, on behalf of the city and without requiring further authority of the council, file a claim of lien against the property. (Code 1962, § 11-7; Code 1998, § 34-64; Code 2008, § 34-64; Ord. No. 232-C, § 2, 4-12-1983) Sec. 18-57. Exceptions; citrus groves. In considering real property on which there is excessive growth or accumulation of grass, weeds and noxious plants, the city manager shall consider and make allowance for real property set into commercial citrus groves, but each owner shall be required to maintain at least a fire guard of sufficient width to prevent the spread- ing of fire. However, nothing in this section shall allow an accumulation of grass, weeds, leaves, etc., from one citrus fruit season to another without such accumulation being at least annu- ally worked or turned into the real property by plows, discs, harrows and similar grove cultiva- tion machines. (Code 1962, § 11-8; Code 1998, § 34-65; Code 2008, § 34-65; Ord. No. 232-C, § 2, 4-12-1983) Secs. 18-58-18-87. Reserved. ARTICLE IV. JUNKED, WRECKED AND ABANDONED PROPERTY Sec. 18-88. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Junkyard means any area of land, including structures thereon, that is used or designed to be used for the buying and selling at retail and/or wholesale, and/or storage, or remodeling or reconditioning of old, used or secondhand materi- als or items of any kind, which among others include cloth, rubber, paper, rubbish, bottles, iron, brass, copper, steel and other metals, furniture and used inoperative motor vehicles or parts thereof, or other like articles, exclusive of or in conjunction with any other use. Nonresidential section means any property now or hereafter zoned or under zoning law of the city as 0-1, C-1, C-2, CBD, M-1, CD, or any other zoned area where such property within such zoned area is used for nonresidential purposes, to include, but not be limited to, commercial retail, office, industrial, nonprofit, or any other similar type uses. Residential section means any property now or hereafter zoned under the zoning law of the city as UE, UT, R-1A, R-1, R-2, R-3-A, R-3, or any other zoned area where such property within such zoned area is used for residential purposes. (Code 1962, §§ 11A-2, 11A-15; Code 1998, § 34- 91; Code 2008, § 34-91; Ord. No. 36-C, § 1(1), 2-13-1968; Ord. No. 39-C, § 2, 4-24-1968; Ord. No. 2011-03-C, § 2, 7-12-2011) Sec. 18-89. Penalty for violation of article. It shall be unlawful and an offense for any person to violate the provisions of this article, and any violation of this article shall be punished as provided in this section. Upon conviction of a violation of this article as provided in section 18-95, whoever shall be convicted shall be punished as provided in section 1-7. (Code 1962, § 11A-20; Code 1998, § 34-92; Code 2008, § 34-92; Ord. No. 36-C, § 1(6), 2-13-1968) CD18:15 § 18-90 CLERMONT CODE Sec. 18-90. Junkyards prohibited; excep- Sec. 18-92. Prohibition of storage of tion. certain items. It shall be unlawful for any person, company, corporation, association or any entity whatsoever to maintain or allow to be maintained a junkyard upon its property within the city, unless permit- ted in the land development code. (Code 1962, § 11A-1; Code 1998, § 34-93; Code 2008, § 34-93; Ord. No. 39-C, § 1, 4-24-1968) Sec. 18-91. Procedures for determination of and elimination of junk- yards. (a) Adequate notice; certificate as evidence of notice. If it shall be determined by the city manager or delegate that such conditions exist as would constitute a junkyard, then the city manager shall so notify the owner, and the owner shall have ten days to correct such condi- tions. If the owner is not present, then the notice may be given to any person occupying the property. If it is impractical to give the notice or written notice, then the notice should be posted upon the property, and the certificate by the clerk or city manager of such notice shall be prima facie evidence that the notice was given in the manner certified to by the clerk or city manager. (b) Enforcement. The provisions of this article shall be enforced by the city manager and by the chief of police, or any member of their respective departments designated by one of them. The city manager and/or the chief of police is authorized to remove or have removed any such machinery, appliances, vehicles, boats, or parts thereof, scrap metal and junk when such items reasonably appear to be in violation of this section after notice as provided in subsection (a) of this sec- tion. Such items shall be impounded until law- fully claimed or disposed of in accordance with law. (c) Penalty for violation of section. It shall be unlawful and an offense for any person to violate the provisions of this section, and any violation shall be punished as provided in section 1-7. (Code 1962, § 11A-3; Code 1998, § 34-94; Code 2008, § 34-94; Ord. No. 39-C, § 3, 4-24-1968) (a) No person or business shall keep, store or allow to remain on any property within any section of the city any dismantled, partially dismantled, nonoperative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk. For purposes herein, a vehicle that does not have a current and valid motor vehicle license tag shall be presumed to be nonoperative. Storage of untagged vehicles, boats or similar items shall be allowed if contained within an enclosed structure such as a garage or warehouse. (b) Approved nonresidential uses that, as part of the operation of the business have such approved temporary storage for any of those uses listed in subsection (a) of this section, may continue such use. New businesses after approval of this section shall provide an approved, permit- ted, and completely opaque screening enclosure. Opaque screening must be approved by the site review committee and be in accordance with the architectural standards, permitted and installed for such use. (Code 1962, § 11A-16; Code 1998, § 34-95; Code 2008, § 34-95; Ord. No. 36-C, § 1(2), 2-13-1968; Ord. No. 2011-03-C, § 2, 7-12-2011) Sec. 18-93. Removal within five business days of notice; service; certificate of notice. No person in charge or control of any property in a residential or nonresidential section of the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any dismantled, partially dismantled, nonoperative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk to remain on such property longer than five days after notice by the city to remove such junk is given to the owner. If the owner is not present, then the notice may be given to any person occupying the property. If it is impracti- cal to give the occupant written notice, then the notice shall be posted upon the property, and the certificate by the clerk or city manager of such notice shall be prima facie evidence that the notice was given in the manner certified to by • • is CD 18:16 ENVIRONMENT AND NATURAL RESOURCES § 18-123 0 • the clerk or city manager. No person shall leave any such items on any residential property within the city for a longer time than five days. (Code 1962, § 11A-17; Code 1998, § 34-96; Code 2008, § 34-96; Ord. No. 36-C, § 1(3), 2-13-1968; Ord. No. 2011-03-C, § 2, 7-12-2011) Sec. 18-94. Exceptions to provisions of article. This article shall not apply with regard to such machinery, appliances, vehicles, boats, or parts thereof, scrap metal and junk in a completely enclosed building, or on the premises of a busi- ness enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise, or in an appropriate storage place or depository maintained in a lawful place and manner by the city. (Code 1962, § 11A-18; Code 1998, § 34-97; Code 2008, § 34-97; Ord. No. 36-C, § 1(4), 2-13-1968) Sec. 18-95. Enforcement; removal after notice. The provisions of this article shall be enforced by the planning and development services depart- ment and by the chief of police, or any member of their respective departments designated by one of them. The planning and development services department and/or the chief of police is authorized to remove or have removed any such machinery, appliances, vehicles, boats, or parts thereof, scrap metal and junk when such items reasonably appear to be in violation of this section after notice, as provided in section 18-93. Such items shall be impounded until lawfully claimed or disposed of in accordance with law. (Code 1962, § 11A-19; Code 1998, § 34-98; Code 2008, § 34-98; Ord. No. 36-C, § 1(5), 2-13-1968) Secs. 18-96-18-118. Reserved. ARTICLE V. RAT CONTROL Sec. 18-119. Statement of article policy. The city does hereby determine that for the purposes of this article it is desirable and neces- sary to free the city of rats and to free the city of places where rats may harbor, feed, nest or breed. (Code 1962, § 11-9; Code 1998, § 34-131; Code 2008, § 34-131; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-120. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Rat harborage means any condition existing in, under, over or outside a structure of any kind or in or about vacant or unimproved lands, which provides shelter or protection for rats thus favor- ing their multiplication. Rat stoppage or ratproofing means a relatively inexpensive form of ratproofing to prevent the harborage of rats, or any rat harborage facilities. (Code 1962, § 11-10; Code 1998, § 34-132; Code 2008, § 34-132; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-121. Penalty for violation of article. Any person who shall violate any provision of sections 18-122 through 18-130, inclusive, shall be deemed guilty of an offense under section 1-7. (Code 1962, § 11-21; Code 1998, § 34-133; Code 2008, § 34-133; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-122. Buildings to be free of rats. All buildings or structures in the city shall be free of rat harborage and maintained in a condi- tion free of rat harborage under the direction and supervision of the planning and develop- ment services department. (Code 1962, § 11-11; Code 1998, § 34-134; Code 2008, § 34-134; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-123. Compliance with article required; notice or order. (a) Upon receipt of a written notice or order from the planning and development services department, the owner and occupant, within the time specified therein, shall take immediate measures for ratproofing such building or vacant or unimproved lands, and unless the work and CD 18:17 § 18-123 CLERMONT CODE improvements have been completed by the owner within the time specified in the written notice or order, in no event to be less than ten days, then the owner of the building or lands, so failing to comply with the directions and terms of the written notice or order, shall be deemed guilty of an offense under section 1-7. (b) Upon receipt of written notice or order from the planning and development services department, the owner of any such building or lands shall proceed with the eradication work (poisoning, trapping, harborage removal, fumiga- tion or other means of ratproofing) necessary to free the building of rats in a manner and under conditions approved by the planning and develop- ment services department, and shall continue this work until the building or land is free of rats. It shall be the responsibility of the owner to free the building or lands of rats and to maintain the building or lands in a ratproofed condition thereafter. If the building or lands become reinfested with rats through accident or otherwise, the owner shall proceed with approved measures to again free it of rats. (Code 1962, § 11-12; Code 1998, § 34-135; Code 2008, § 34-135; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-124. Maintenance of premises by owners and occupant of building. The owners and occupants of all ratproofed buildings are required to maintain the premises in a ratproofed condition and to repair all breaks or leaks that may occur in any ratproofing unless such breaks or leaks develop as the result of natural deterioration of the building, in which event, it shall be the responsibility of the owner to make the repairs. (Code 1962, § 11-13; Code 1998, § 34-136; Code 2008, § 34-136; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-125. Planning and development services department empowered to make inspec- tions. The planning and development services depart- ment is empowered to make unannounced inspec- tions of the exterior of buildings, or vacant and unimproved lands, as in the opinion of the planning and development services department may be necessary to determine full compliance with sections 18-122 through 18-124, this sec- tion, and sections 18-126 through 18-128 inclusive, and to inspect the interior of buildings at any reasonable time. (Code 1962, § 11-14; Code 1998, § 34-137; Code 2008, § 34-137; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-126. Power of planning and development services depart- ment to require elimination of rat harborage. Whenever conditions inside or under build- ings, or vacant and unimproved lands provide such extensive harborage for rats that the plan- ning and development services department deems it necessary to eliminate such harborage, the planning and development services department may require the owner and occupant to eliminate such rat harborage. The planning and develop- ment services department may further require the owner and occupant to correct such other conditions related to rat harborage as may be necessary in order to facilitate the eradication of rats in a reasonable time and thereby to reduce the cost thereof, and to place materials for poisoning or killing rats on vacant or unimproved lands. (Code 1962, § 11-15; Code 1998, § 34-138; Code 2008, § 34-138; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-127. Removal of ratproofing. It shall be unlawful under the provisions of sections 18-122 through 18-128, inclusive, for the occupant, owner, contractor, public utility company, plumber or any other person to remove the ratproofing from any building or vacant lands for any purpose and fail to restore the ratproofing in a satisfactory manner, or to make any new openings that are not closed or sealed against the entrance of rats. (Code 1962, § 11-16; Code 1998, § 34-139; Code 2008, § 34-139; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-128. Garbage or certain refuse to be stored in containers. All garbage or refuse consisting of waste animal or vegetable matter, excepting trimmings • �J CD18:18 ENVIRONMENT AND NATURAL RESOURCES § 18-164 0 • • or cuttings from plants, trees or lawns, upon which rats may feed, shall be placed and stored in covered containers. It is hereby declared unlawful for any person to dump or place on any premises, land or waterway, any dead animals or any waste vegetable or animal matter of any kind. (Code 1962, § 11-17; Code 1998, § 34-140; Code 2008, § 34-140; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-129. Affording food or harborage for rats. It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish or trash in any buildings or vacant or unimproved lands for premises in the city so that the same shall or may afford food or harborage for rats. (Code 1962, § 11-18; Code 1998, § 34-141; Code 2008, § 34-141; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-130. Accumulation of certain materials. It shall be unlawful for any person to permit to accumulate on any premises, anywhere in the city limits, improved or vacant, and on all open lots and alleys in the city any lumber, boxes, barrels, bricks, stones, or similar materials that may be permitted to remain thereon unless such materials shall be placed on open racks that are elevated not less than 18 inches above the ground and evenly piled or stacked so that these materials will not afford harborage for rats. (Code 1962, § 11-19; Code 1998, § 34-142; Code 2008, § 34-142; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-131. New buildings and existing structures undergoing repairs to be made free of any rat harborage. All buildings hereafter to be constructed in the city shall be made ratproof, and any existing buildings undergoing major repairs shall be made ratproof. In order to ensure compliance with this section, it shall be the duty of the owner of the property on which the structure is being newly built or undergoing major repair, to obtain the planning and development services department's approval of specifications for such structural plans as it relates to ratproofing and freedom from rat harborage. (Code 1962, § 11-20; Code 1998, § 34-143; Code 2008, § 34-143; Ord. No. 232-C, § 4, 4-12-1983) Sec. 18-132. Right of appeal. Any person aggrieved by any act or order of the planning and development services depart- ment shall have the right to, within ten days of the order or act complained of, appeal to the city council, and the decision of the council shall be final. Any proceedings under this article shall be stayed pending final determination by the council, should an appeal be made. (Code 1962, § 11-22; Code 1998, § 34-144; Code 2008, § 34-144; Ord. No. 232-C, § 4, 4-12-1983) Secs. 18-133-18-162. Reserved. ARTICLE VI. HAZARDOUS MATERIALS; COST RECOVERY FOR INCIDENTS Sec. 18-163. Intent and purpose; jurisdic- tion. (a) This article is intended to provide for recovery of costs incurred in response and recovery efforts related to hazardous material incidents. In addition, it is intended to provide for cost recovery for damages to natural resources and government -owned properties. (b) This article shall apply to emergency and related services provided by the city in incorporated and unincorporated Lake County; provided, however, that if this provision is in conflict with a county or another municipal ordinance, this provision will not be effective in unincorporated Lake County or in the municipal- ity to the extent of such conflict. (Ord. No. 2022-031, § 2(34-150), 7-12-2022) Sec. 18-164. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings CD18:19 § 18-164 CLERMONT CODE 0 ascribed to them in this section, except where ent or potential hazard to public health, safety or the context clearly indicates a different meaning: welfare or to the environment if released into the environment. Costs, as used in connection with an emergency response, means those customary and reason- Incident means a release or threat of release able costs resulting from an emergency and of a hazardous substance, hazardous waste, toxic post -emergency response to an incident, and chemical, or toxic substance constituting hazard - shall also include, but not be limited to: ous material. (1) All costs incurred to facilitate the removal Release means any spilling, leaking, pumping, or cessation of a hazardous materials pouring,emittin emptying,discharging inject - g' emergency, or for remedial actions; ing, escaping, leaching, dumping, or disposing (2) Costs of any health assessment or health into the environment which results in an effects study for emergency response emergency (including the abandonment or discard - personnel carried out as a necessity result- ing of barrels, containers and other receptacles) ing from a hazardous material incident; of any hazardous materials, but does not include (3) Labor costs, including overtime if required any consumer product in use in accordance with label instructions, or those discharges stable in and/or unavoidable; rate and quantity. The term "release" also does (4) The cost of operating, leasing, and not include releases solely within the workplace maintaining of equipment used specifi- into those secondary containment or other areas cally for and incurred directly as a result designed to receive spills; permitted releases in of the incident, or the repairing and accordance with applicable local, state or federal replacement of equipment where the law; and those associated with the label instruc- destruction thereof was caused by the tion use of a consumer product. incident and occurred during the response and is not related to the act or omission Responsible party means jointly and severally: of a third party or contractor; (1) Any person or entity whose negligent or (5) The cost of disposable materials used in willful act or omission proximately caused the response, including, but not limited such release; to, absorbents, foam, dispersants, (2) The person who owned or had custody or neutralization agents, overpack drums control of the hazardous material at the or containers; time of such release, without regard to (6) The cost of contract labor, equipment and negligence, fault or proximate cause; materials where such are necessitated by and/or a response beyond normal operations of the city and devoted specifically to the (3) The person who owned or had custody or incident; and control of, or other legal duty with regard to, the container which held such hazard- (7) Legal expenses incurred as a result of ous material at the time of such release, response activities and for collection activi- without regard to negligence, fault or ties as set forth herein. proximate cause. Environment means water, air, and land, includ- (Ord. No. 2022-031, § 2(34-151), 7-12-2022) ing, but not limited to, streets, sidewalks, paved or unpaved property, vehicles and buildings or Sec. 18-165. Liability for costs. other structures. (a) A responsible party shall be liable and Hazardous material means any material that, because of its quantity, concentration, physical obligated for the payment of all costs incurred by the city or its agents for response to and reme- or chemical characteristics, poses significant pres- diation of a hazardous material incident. CD18:20 ENVIRONMENT AND NATURAL RESOURCES § 18-189 0 • (b) The city will seek all available remedies at law, to include the provisions of this article, against any parties responsible for any hazard- ous material incident. (Ord. No. 2022-031, § 2(34-152), 7-12-2022) Sec. 18-166. Collection and payment of costs. (a) The city manager or designee shall serve as the city's agent for collecting invoices and billing the responsible party for costs. (b) The city manager or designee shall submit an invoice to the responsible party identifying the specific costs incurred and the amount to be reimbursed to the city. The responsible party shall submit payment in certified or guaranteed funds to the city within 60 days of receiving an invoice. (c) This article shall not restrict or replace cost recovery from funding sources available under state, federal or county regulations. A responsible party subject to cost recovery hereunder shall have the right to off -set the balance owed against funds actually received by the city from other sources or to a refund if the amount paid by the responsible party is off -set by reimbursement to the city from other sources, such that the city has recovered in excess of its costs as provided for herein. (Ord. No. 2022-031, § 2(34-153), 7-12-2022) Sec. 18-167. Methods of enforcement (a) The city may enforce the provisions of this article by civil action in a court of competent jurisdiction for the collection of any amounts due under this article plus administrative collection costs and attorney fees, or for any other relief that may be appropriate. A certified copy of a judgment in favor of the city may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by such person; and such lien shall be coequal with the liens of all state, district and municipal taxes, superior in dignity to all other liens, titles and claims until paid or extinguished. (b) This section shall not prohibit the city from pursuing any other remedy, whether civil or criminal, or from instituting any appropriate action or proceedings, including injunction in a court of competent jurisdiction, nor shall the recovery of extraordinary expenses under this division in any way release the various parties, or limit them, from legal liability incurred as a result of hazardous material cleanup or abate- ment as defined under any local, state or federal rule or regulation. (Ord. No. 2022-031, § 2(34-154), 7-12-2022) Secs. 18-168-18-187. Reserved. ARTICLE VII. WATER SHORTAGES Sec. 18-188. Intent and purpose. It is the intent and purpose of this article to protect the water resources of the city from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the St. Johns River Water Management District in the implementation of its water shortage plan. (Code 1998, § 66-161; Code 2008, § 66-161; Ord. No. 307-C, 3-27-2001) Sec. 18-189. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: District is the St. Johns River Water Manage- ment District. Water resource means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage CD18:21 § 18-189 CLERMONT CODE within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. Water shortage emergency means that situa- tion when the powers which can be exercised under F.A.C. ch. 40C-21, pt. II (F.A.C. 40C- 21.221 et seq.), are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. (Code 1998, § 66-162; Code 2008, § 66-162; Ord. No. 307-C, 3-27-2001) Sec. 18-190. Application of article. The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the water shortage or water shortage emergency, as determined by the district or the city, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. (Code 1998, § 66-163; Code 2008, § 66-163; Ord. No. 307-C, 3-27-2001) Sec. 18-191. Amendments to water short- age plan. The provision of F.A.C. ch. 40C-21, as the same may be amended from time to time, is incorporated herein by reference as a part of this Code. (Code 1998, § 66-164; Code 2008, § 66-164; Ord. No. 307-C, 3-27-2001) Sec. 18-192. Declaration of water short- age; water shortage emergency. The declaration of a water shortage or water shortage emergency within all or any part of the city by the governing board or the executive director of the district or by the city council shall invoke the provisions of this article. Upon such declaration all water use restrictions or other measures adopted by the district applicable to the city, or any portion thereof, shall be subject to enforcement action pursuant to this article. Any violation of the provisions of F.A.C. ch. 40C-21, or any order issued pursuant thereto, shall be a violation of this article. (Code 1998, § 66-165; Code 2008, § 66-165; Ord. No. 303-C, 3-27-2001) Sec. 18-193. Enforcement. Every police officer or sheriff deputy having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the city manager may also delegate enforcement responsibility for this article to agencies and department of city government, or cities in the service areas governed by this article in accordance with state and local law. (Code 1998, § 66-166; Code 2008, § 66-166; Ord. No. 307-C, 3-27-2001) Sec. 18-194. Penalties. (a) Violation of any provision of this article shall be subject to the following penalties: (1) First violation: written warning. (2) Second violation: $50.00. (3) Subsequent violations: fine not to exceed $500.00. (b) Each day in violation of this article shall constitute a separate offense. Law enforcement officials shall provide violators with no more than one written warning. The city, in addition to the civil sanctions contained herein, may take any other appropriate legal action, including, but not limited to, injunctive action, to enforce the provisions of this article. (Code 1998, § 66-167; Code 2008, § 66-167; Ord. No. 307-C, 3-27-2001) Secs. 18-195-18-211. Reserved. ARTICLE VIII. WATER EFFICIENT IRRIGATION AND LANDSCAPING DIVISION 1. GENERALLY Sec. 18-212. Definitions. For the purpose of this article the following terms, phrases, words and their derivatives shall have the meaning given herein. • is • CD 18:22 ENVIRONMENT AND NATURAL RESOURCES § 18-212 0 • • Address means the house number of the physi- cal location of a specific property. This includes rural route numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the United States Postal Service to determine a delivery location, the lot number shall be the property's address. Annual beds means any landscape where the majority of plants are replaced yearly or more frequently. Automatic irrigation controller means a timer, capable of operating solenoid valves, to set days and lengths of time for proper application of water, in each irrigation zone. Best management practices (BMPs) means irrigation system, lawn, and landscape practices designed to reduce negative impacts on the environment and promote water conservation. District means the St. Johns River Water Management District. Drought tolerant plants means plants, once established, that survive on natural rainfall with occasional irrigation during dry periods. Emitter means a device that applies irrigation water. The term "emitter" is primarily used to refer to the low flow rate devices used in micro - irrigation systems. Even -numbered address means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A through M. Florida Friendly Landscape, as provided for in F.S. § 373.185, means quality landscapes that conserve water and protect the environment and are adaptable to local conditions and which are drought tolerant. The principles of Florida Friendly Landscape include planning and design, appropriate choice of plants, soil analysis which may include the use of solid waste compost, efficient irrigation, practical use of turf, appropri- ate use of mulches, and proper maintenance. Green space means the entire parcel less the building footprint, driveways, vehicular use areas, hardscapes such as decks, swimming pools, decora- tive fountains, patios, and other nonporous areas. Stormwater management systems, and wetland conservation areas, lakes, rivers and creeks are excluded in the calculation of green space area. Irrigation system means a permanent water- ing system designed to transport and distribute water to plants as a supplement to natural rainfall. Irrigation zone means a control valve circuit containing emitters and/or sprinklers with consistent application rates. Landscape irrigation means the outside water- ing of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights -of -way. The term "landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegeta- tion associated with recreation areas, such as, but not limited to, football, baseball and soccer fields. Landscape plant zone means a grouping of plants with similar water and cultural needs, such as sunlight and soil. Plant groupings based on water use are as follows: natural plants, drought tolerant plants, and oasis plants. Micro -irrigation means the frequent applica- tion of small quantities of water directly on or below the soil surface or plant root zone, usually as discrete drops, tiny streams or miniature sprays through emitters placed along the water delivery pipes (laterals). Micro -irrigation encompasses a number of methods or concepts, including drip; previously known as trickle irriga- tion, subsurface, bubbler and micro -spray irriga- tion. Mulch means any material applied to the soil surface to retain soil moisture, control erosion, inhibit weeds, and/or regulate soil temperatures. Natural plants means plants, once established, that survive on rainfall without irrigation. Nonresidential landscape irrigation means the irrigation of landscape not included within the definition of the term "residential landscape CD18:23 § 18-212 CLERMONT CODE irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights -of - way. Oasis plants means plants, once established, requiring frequent irrigation. Odd -numbered address means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N through Z. Overspray means water that is delivered beyond the landscape area wetting pavements, walks, structures, or other nonlandscaped areas. Rain sensor device means a calibrated device that is designed to measure rainfall and override the irrigation cycle of the irrigation system when a predetermined amount of rainfall has occurred. Reclaimed water means a reclaimed water system, including systems in which the primary source is reclaimed water; which may or may not be supplemented from another source during peak demand periods. Residential landscape irrigation means the irrigation of landscape associated with any hous- ing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. Running annual water budget means a water budget based on 12 consecutive months of irriga- tion water consumption. Runoff means water not absorbed by the soil that flows from the area. Site appropriate plants means landscape plant species that are suited to the site growing condi- tions. Turfand/or turfgrass means continuous plant coverage consisting of grass species appropriately suited to the site where it is planted. Water features means features of a site that holds water temporarily or permanently. The term "water features" may include both natural features such as lakes, wetlands, rivers and creeks, or artificial features such as retention and detention ponds, fountains, ditches and canals. Wind sensor means a device used to measure the wind speed or velocity and override the irrigation cycle of the irrigation system when a pre -determined wind speed has occurred. (Code 1998, § 66-203; Code 2008, § 66-203; Ord. No. 336-C, § 1.3, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-213. Purpose and intent. The purpose of this article is to implement procedures that promote water conservation through more efficient landscape irrigation and to ensure efficient water use by establishing minimum standards for landscape and irrigation design, recognizing climate, soils, water resources, land use, and resource planning of the watersheds within the city. Implementation will aid in improv- ing environmental quality and water use efficiency in the city. Creative site development concepts shall be used in order to promote water conserva- tion. Water requirements may be reduced by providing for: (1) The preservation of existing plant com- munities; (2) The use of site appropriate plant materi- als; (3) The use of pervious paving materials; (4) The use of water efficient landscape irriga- tion; and (5) Other environmentally sensitive site development concepts; (6) Utilization of applicable best manage- ment practices. (Code 1998, § 66-201; Code 2008, § 66-201; Ord. No. 336-C, § 1.1, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-214. Scope. This article shall be applied and enforced within all incorporated areas of the city and within the city's potable water service area. (Code 1998, § 66-202; Code 2008, § 66-202; Ord. No. 336-C, § 1.2, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) • CD 18:24 ENVIRONMENT AND NATURAL RESOURCES § 18-245 0 • • Sec. 18-215. Enforcement. Enforcement of this article may be by authorized law enforcement personnel, city code enforcement personnel, water conservation coordinator or any other city official delegated that responsibility by the city manager. (Code 2008, § 66-207; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-216. Application of landscape and irrigation system design provisions. (a) Compliance with the landscape and irriga- tion system design provision of this article is required of all office, commercial, industrial, institutional, multifamily, and single-family sites receiving potable water service from the city and/or located within the city limits in the following categories: (1) New construction. (2) Newly irrigated landscaped and turf areas. (3) Renovations of existing landscapes. (b) Alternate methods of compliance may be considered as long as they meet the intent and purpose of this article and the intent of the district. (Code 1998, § 66-204; Code 2008, § 66-204; Ord. No. 336-C, § 1.4, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-217. Application of landscape irrigation provisions. The provisions of this article that pertain to landscape irrigation shall apply to each person located within the city. (Code 2008, § 66-205; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-218. Exception to landscape irriga- tion provisions. (a) Irrigation using micro -spray, micro jet, drip or bubbler irrigation is allowed anytime. (b) Irrigation of new landscape is allowed daily for the initial 30 days following installation and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. (c) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Lawn maintenance/pest control companies must install an advisory marker, visible in the front yard, showing the date of the application. Watering in of chemicals shall not exceed one-fourth inch of water per application except as otherwise required by law, the manufacturer, or best management practices. (d) Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed 20 minutes per hour per zone. (e) Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed any time of day on any day. (f) Discharge of water from a water -to -air air conditioning unit or other water -dependent cool- ing system is not limited. (g) The use of recycled water from wet deten- tion treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off -site surface water, or public supply sources. (Code 2008, § 66-206; Ord. No. 2010-11-C, § 1, 9-28-2010) Secs. 18-219-18-244. Reserved. DIVISION 2. IRRIGATION Sec. 18-245. Fine schedule. The fine schedule for violation of the watering restrictions shall be adopted by resolution of the city council. Each day in violation of this division shall constitute a separate offense. (Code 1998, § 66-221; Code 2008, § 66-221; Ord. No. 336-C, § 2.6, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) CD 18:25 § 18-246 Sec. 18-246. Irrigation standards. CLERMONT CODE The most current version of the Florida Irriga- tion Society (FIS) Standards (see F.S. § 373.228, as amended or succeeded) shall be used for all irrigation design and installation procedures, except where the requirements of this division supersede the FIS standards. (Code 1998, § 66-216; Code 2008, § 66-216; Ord. No. 336-C, § 2.1, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-247. Irrigation plan submittal. A detailed irrigation plan shall be submitted by an irrigation contractor certified by the city and/or the county, illustrating zones, pipe sizes, emitter types, nozzle size and precipitation rate and total precipitation rate for each zone, irriga- tion water source connection point, backflow prevention device, type and locations of automatic shut-off devices, controller specifications, and any other pertinent information shall be submit- ted to the water conservation coordinator for review and approval prior to installation of an irrigation system. (Code 1998, § 66-217; Code 2008, § 66-217; Ord. No. 336-C, § 2.2, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-248. Irrigation system design. (a) A site plan, at a readable and defined scale, shall be submitted illustrating the proposed irrigation zones. Turf areas shall be on separate irrigation zones from other landscape plant zones. The irrigation system shall be designed to accom- modate separate landscape plant zones based on differing water requirements. (b) Spacing for rotors and sprays shall not exceed 50 percent of the sprinklers' diameter of coverage, per manufacturer's specifications to accomplish head -to -head coverage. (c) Sprays and rotors shall have matching application rates within each irrigation zone. Sprays and rotors may not be mixed within a single zone. Tree bubblers must be on a separate zone or on the zone with shrubs. Tree bubblers must be of a type that can be adjusted to be on or shut off. (d) All irrigation systems shall be designed to avoid overspray, runoff, low head drainage, or other similar conditions where water flows onto or over adjacent property, nonirrigated areas, walkways, roadways, structures, or water features. Narrow areas four feet wide or less shall not be irrigated unless such irrigation can be contained within that narrow area. Emitters may not transverse sidewalks or driveways in order to cover a larger area. (e) Irrigation control equipment shall include an automatic irrigation controller having program flexibility such as repeat cycles and multiple program capabilities. Automatic irrigation control- lers shall have a replaceable battery back-up to retain the irrigation programs. The irrigation control equipment shall be reset to accommodate irrigation needs based on the season. Automatic control systems shall be equipped with an oper- able and properly placed and calibrated automatic shut-off or rain sensor device which will disable the system after a maximum of one-half inch of rainfall. Vents on such sensor must be closed. Such sensors may not be disabled at any time. (f) All properties that receive water from the city for the purpose of landscape irrigation must have a separate landscape irrigation meter. The city shall establish a running annual water budget (RAWB) for each landscape irrigation customer based on property size, pervious area, and an annual landscape irrigation application rate of 35 inches. Where individual residential lot sizes have not been determined, an initial running annual water budget shall be based on an assumed property size of 11,000 square feet (one-fourth acre) with 50 percent pervious area. (g) For a property for which a running annual water budget has been determined using an assumed property size and pervious area where a property exceeds the assumed specified property size of 11,000 square feet, a water customer may request that a new running annual water budget be established by submitting a signed and sealed property survey to the city's planning and develop- ment services department showing the total square footage of the property and the percent of pervious surface. l� u is • CD18:26 ENVIRONMENT AND NATURAL RESOURCES § 18-250 0 • • (h) Exceeding the running annual water budget is subject to the fine schedule identified in section 18-245. (Code 1998, § 66-218; Code 2008, § 66-218; Ord. No. 336-C, § 2.3, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-249. Irrigation system inspection and maintenance. (a) The builder or irrigation contractor shall request an inspection at a minimum of 48 hours in advance. (b) The system shall be inspected for conformance of the Code by the water conserva- tion coordinator, or other authorized city person- nel. (c) The builder or irrigation contractor shall provide as -built drawings of the irrigation system to the property owner and to the city inspector. (d) The builder or irrigation contractor shall provide the property owner with an irrigation maintenance checklist, seasonal watering guidelines and a copy of the water budget provided by the city. (e) The irrigation system shall be maintained and managed to ensure water efficiency and prevent wasteful practices. This shall include, but not be limited to, resetting the automatic controller according to the season, flushing the filters, testing the rain sensor or other shut-off device, monitoring, adjusting, and repairing irriga- tion equipment such that the efficiency of the system is maintained. (Code 1998, § 66-219; Code 2008, § 66-219; Ord. No. 336-C, § 2.4, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-250. Landscape irrigation schedule. (a) All landscape irrigation shall be limited in amount to only that which is necessary to meet landscape needs and no more than three -fourths inch of water may be applied per irrigation zone on each day that irrigation occurs. Irrigation shall be prohibited between the hours of 10:00 a.m. and 4:00 p.m. Irrigation shall be limited to two days per week during Daylight Saving Time and one day per week during Eastern Standard Time, but at no time may any one zone run for more than one hour per zone per watering day. (b) The watering schedule is as follows: (1) Daylight Saving Time (second Sunday in March to the first Sunday in November). a. Odd addresses ending in 1, 3, 5, 7 and 9 or no address may water on Wednesday and Saturday. b. Even addresses ending in 0, 2, 4, 6 and 8 may water on Thursday and Sunday. C. Nonresidential irrigation may water on Tuesday and Friday. (2) Eastern Standard Time (first Sunday in November to the second Sunday in March). a. Odd addresses ending in 1, 3, 5, 7, and 9 or no address may water on Saturday. b. Even addresses ending in 0, 2, 4, 6 and 8 may water on Sunday. C. Nonresidential irrigation may water on Tuesday. (c) The city may adjust schedules for reclaimed customers to accommodate the city's reclaimed water system demands. These schedules may be changed in the future should the supply of reclaimed water either exceed or not meet demand. The city will notify such customers, in writing, should such changes be necessary. (d) A variance from the specific landscape irrigation days or day set forth in subsections (a) and (b) of this section may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a vari- ance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall the variance allow a single zone to be CD18:27 § 18-250 CLERMONT CODE irrigated more than two days per week during Daylight Saving Time or more that one day per week during Eastern Standard Time. (Code 1998, § 66-220; Code 2008, § 66-220; Ord. No. 336-C, § 2.5, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Secs. 18-251-18-278. Reserved. DIVISION 3. LANDSCAPING Sec. 18-279. Landscaping standards. Landscaping shall meet all applicable landscape requirements adopted by the city, including those outlined in this division. All landscaping must comply with the Florida Friendly Landscaping specifications as provided for in F.S. § 373.185, which are quality landscapes that conserve water and protect the environment and are adaptable to local conditions and which are drought toler- ant. The principles of Florida Friendly Landscape include planning and design, appropriate choice of plants, soil analysis which may include the use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance. (Code 1998, § 66-236; Code 2008, § 66-236; Ord. No. 336-C, § 3.1, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-280. Plan submittal. A site plan at a readable scale of the proposed landscape shall be submitted to the water conservation coordinator for review and approval prior to installation. The plan shall incorporate the concept of a Florida Friendly Landscape and shall identify existing vegetation to be preserved, proposed turf, and other landscape areas. The plan shall identify the type of percent coverage of turf grass. (Code 1998, § 66-237; Code 2008, § 66-237; Ord. No. 336-C, § 3.2, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-281. Design standards. (a) Installed trees and plants shall be grouped together into landscape plant zones according to water and cultural (soil, climate, and light) requirements. (b) Plant groupings based on water require- ments are as follows: natural, drought tolerant and oasis. (c) Wind breaks shall be utilized to reduce wind velocity and water loss that occurs by evaporation during irrigation and by evapotranspiration from plants. Windbreaks can be formed by walls, fences, shrub beds or hedges. An alternative to the physical windbreaks may be the addition of a wind sensor set to disengage the irrigation system when wind speeds exceed 15 miles per hour. (d) A maximum of 60 percent of the landscape area may be planted with turf grass if a non - drought tolerant species of turf grass is used. St. Augustine species are not drought tolerant in the city area. There is no limit to the amount of turf grass that may be used if such turf grass is of a drought -tolerant species, such as Bahia or centipede. (e) A layer of mulch to a minimum depth of three inches shall be specified on the site plan in plant beds and around individual trees in turf areas. Organic mulches are preferred. The mulch shall not be placed directly against the plant stem or tree trunk. Mulch shall not be required in annual beds. (Code 1998, § 66-238; Code 2008, § 66-238; Ord. No. 336-C, § 3.3, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) Sec. 18-282. Inspection and acceptance. (a) The homeowner, builder or landscape contractor shall request an inspection at a minimum of 48 hours in advance. (b) The landscape shall be inspected for conformance of the code by the water conserva- tion coordinator, or other authorized city person- nel. (c) The builder or landscape contractor shall provide as -built drawings of the landscape to the property owner. (d) The landscape shall be maintained and managed to ensure water efficiency and prevent wasteful practices. This shall include, but not be limited to, replenishing mulch and utilizing turf u • is CD18:28 ENVIRONMENT AND NATURAL RESOURCES § 18-282 0 • and landscape best management practices. Any future replacement of turf grass may not exceed the allowable specifications as stated in section 18-281(d). (Code 1998, § 66-239; Code 2008, § 66-239; Ord. No. 336-C, § 3.4, 4-13-2004; Ord. No. 2010-11-C, § 1, 9-28-2010) CD 18:29 • • Chapter 19 RESERVED CD 19:1 FIRE PREVENTION AND PROTECTION § 20-21 0 ARTICLE I. IN GENERAL Secs. 20-1-20-18. Reserved. ARTICLE II. FIRE SAFETY CODE Sec. 20-19. Title. This chapter shall be known as the "Fire Safety Code of the City of Clermont, Lake County, Florida." (Code 2008, § 15-1; Ord. No. 2016-35, § 2, 8-9-2016) Sec. 20-20. Adoption of Fire Prevention Code. Pursuant to F.S. § 633.208, the most current edition of the Florida Fire Prevention Code, NFPA 1, adopted by the state fire marshal, is adopted and enacted as the fire prevention code of the city as fully as if set out at length in this section. - (Code 2008, § 15-2; Ord. No. 2016-35, § 2, 8-9-2016) • Sec. 20-21. Adoption of Life Safety Code. Pursuant to F.S. § 633.208, the most current edition of the Life Safety Code, NFPA 101, adopted by the state fire marshal, is adopted and enacted as the life safety code of the city as fully as if set out at length in this section. (Code 2008, § 15-3; Ord. No. 2016-35, § 2, 8-9-2016) CD20:3 • • Chapter 20 FIRE PREVENTION AND PROTECTION* Article I. In General Secs. 20-1-20-18. Reserved. Article II. Fire Safety Code Sec. 20-19. Title. Sec. 20-20. Adoption of Fire Prevention Code. Sec. 20-21. Adoption of Life Safety Code. *State law references —Municipal Home Rule Powers Act, F.S. ch. 166; fire prevention and control, F.S. ch. 633. CD20:1 I* Chapter 21 RESERVED CD21:1 • is is Chapter 22 MOBILE HOMES AND RECREATIONAL VEHICLES Sec. 22-1. Definitions. Sec. 22-2. Restriction on parking; use as living quarters; use for storage purposes. Sec. 22-3. Temporary parking for use as office space or storage. Sec. 22-4. Parking, storage of recreational vehicles used for sleeping purposes. Sec. 22-5. Penalty for violation of chapter. CD22:1 • • MOBILE HOMES AND REREATIONAL VEHICLES § 22-3 Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Mobile home means so-called trailers, house cars and trailer buses, which can be used as places of abode or office or storage, both temporary and permanent, and which are not self-propelled. Mobile home and recreational vehicle sales lot means an area within the city operated under a lease, or otherwise, by a duly licensed person engaged in the sale, trade or exchange of, and general repair and servicing of, new or used mobile homes. Such mobile home sales lots shall also embrace sales rooms used in the display, sale, trade and exchange of new and used mobile homes. Mobile home and recreational vehicle sales lots may be also operated in conjunction with any other duly licensed business. Recreational vehicle means any self-propelled mobile home, bus, motor home, camper, motor coach or other self-propelled vehicle which can be used, or which was designed to be used, as a dwelling or place of abode, and any non -self- propelled vehicle, the primary use of which is for recreational purposes, including, but not limited to, campers, boat and horse trailers. Recreational vehicle park means a duly permit- ted park or other established area to carry on the business of temporary storage or occupancy of recreational vehicles. (Code 1962, § 24-1; Code 1998, § 38-1; Code 2008, § 38-1; Ord. No. 153, § 1, 4-5-1957; Ord. No. 86-C, §§ 1, 2, 3-13-1973) Sec. 22-2. Restriction on parking; use as living quarters; use for storage purposes. (a) No mobile home, as defined in this chapter, except as provided in this section, shall be parked on any lot, parcel or tract of land, street, highway or city property in the city for a period in excess of 24 hours, except in a duly licensed mobile home park or mobile and recreational vehicle park or mobile home sales lot, as defined in section 22-1. The permission for the parking of such mobile home for such period of 24 hours shall in no way be interpreted to embrace or allow the mobile home to be parked in such a way as to endanger the lives or property of others or obstruct the normal flow of traffic, nor shall it be interpreted to embrace or allow the owners of such mobile home to remove the wheels therefrom, place or set a mobile home on any type of permanent or temporary foundation and/or to connect the sanitary facilities in such mobile home with any septic tank, cesspool or sewerage system of any kind or to have such mobile home connected to or become a part of any public, private or municipal utility system; however, when such mobile homes are parked in mobile home sales lots for the purpose of display for selling of such mobile homes, the person duly licensed to operate such mobile home sales lot may have such mobile homes connected with the person's electric power system for the purpose of having electric power in such mobile homes for display purposes only. Such mobile homes so parked for display cannot under any condition be connected with any public or private sewerage system, nor can they be occupied temporarily or permanently as an abode or living quarters for any person. (b) Mobile homes used for the storage of construction materials and/or office use on construction sites may be parked on the construc- tion site for the duration of construction or the time period of the building permit, whichever is shorter. (Code 1962, § 24-2; Code 1998, § 38-2; Code 2008, § 38-2; Ord. No. 153, § 3, 4-5-1957; Ord. No. 86-C, § 3, 3-13-1973; Ord. No. 151-C, § 1, 8-10- 1976; Ord. No. 155-C, § 1, 12-21-1976) Sec. 22-3. Temporary parking for use as office space or storage. Any person, company or organization desiring to park a mobile home in any area of this city for use as a temporary office while permanent office space or a subdivision sales office is under construction shall apply for a permit allowing such parking and shall furnish all necessary information concerning such mobile home, includ- ing, but not limited to, dimensions, conditions, utility facilities, purported use and period CD22:3 § 22-3 CLERMONT CODE requested for permit. Mobile homes shall not be allowed on lots for the construction of individual residential lots. The city may then issue a permit for such parking on a temporary basis. Mobile homes shall be used only for office space. The permittees shall properly identify the owner of such mobile home and the business in which it is being used by placing on such mobile home in a conspicuous location a sign denoting the owner, which shall be legible to normal vision at a distance of not less than 100 feet. Mobile homes parked under the provisions of this section may be connected to utilities, providing that the connection complies with the applicable code and is inspected by the building inspector. Mobile homes cannot be occupied temporarily or permanently as an abode or living quarters for any person, except for on -site security personnel. (Code 1962, § 24-2.1; Code 1998, § 38-3; Code 2008, § 38-3; Ord. No. 26-C, § 3, 5-9-1967) Sec. 22-4. Parking, storage of recreational vehicles used for sleeping purposes. It shall be unlawful for any persons to park and/or store for a period exceeding 24 hours any recreational vehicle upon any lot, piece or parcel of land in the city or upon any street or highway within the city, except upon permitted recreational vehicle parks or recreational vehicle sales lots, or except where such recreational vehicle is kept entirely within a closed building and not used for living or sleeping purposes, or except where such recreational vehicle is parked or stored to the rear of the building setback line according to the land development regulations of the city for the particular zone wherein the recreational vehicle is parked and/or stored. (Code 1962, § 24-4; Code 1998, § 38-4; Code 2008, § 38-4; Ord. No. 86-C, § 5, 3-13-1973) Sec. 22-5. Penalty for violation of chapter. Every person violating any provision of this chapter shall be subject to penalties as provided by section 1-7. (Code 1962, § 24-5; Code 1998, § 38-5; Code 2008, § 38-5; Ord. No. 230-C, § 1, 3-22-1983) �J • • CD22:4 • • • Chapter 23 RESERVED CD23:1 Chapter 24 OFFENSES AND MISCELLANEOUS PROVISIONS* Article I. In General Sec. 24-1. State misdemeanors; commission within city. Sec. 24-2. Advertising -Posting bills on trees, poles and buildings. Sec. 24-3. Advertising -Distributing samples of certain kinds. Sec. 24-4. Distribution or placing handbills, magazines, or other forms of advertising papers on public or private property. Sec. 24-5. Littering. Sec. 24-6. Loitering in area of business during nonbusiness hours; author- ity of police. Sec. 24-7. Public lands; selling goods thereon. Sec. 24-8. Public houses; disturbances. Sec. 24-9. Throwing stones or other missiles. Sec. 24-10. Riding skateboards on streets, sidewalks and other public places. Sec. 24-11. Operating airboats within corporate boundaries. Sec. 24-12. Lighting of property. Sec. 24-13. Glass containers on beaches. Sec. 24-14. Prohibited residences for sexual offenders. Secs. 24-15-24-31. Reserved. Article Il. Minors Division 1. Generally Sec. 24-32. Frequenting pool rooms. Secs. 24-33-24-52. Reserved. Division 2. Curfew Sec. 24-53. Definitions. Sec. 24-54. Penalty for violation of division. Sec. 24-55. Prohibited acts. Sec. 24-56. Defenses. Sec. 24-57. Enforcement of division. Secs. 24-58-24-87. Reserved. Article III. Nudity Sec. 24-88. In public places. Sec. 24-89. Prohibited acts. Sec. 24-90. Employment of persons to perform prohibited acts in public places. Secs. 24-91-24-108. Reserved. Article IV. Simulated Gambling Devices Sec. 24-109. Legislative authorization. Sec. 24-110. Definitions. Sec. 24-111. Intent. Sec. 24-112. Prohibition. Sec. 24-113. Exemptions. *State law references -Municipal Home Rule Powers Act, F.S. ch. 166; crimes, F.S. ch. 775 et seq. CD24:1 CLERMONT CODE Sec. 24-114. Conflict with state law. Sec. 24-115. Civil penalties and injunctive relief. C� CD24:2 OFFENSES AND MISCELLANEOUS PROVISIONS § 24-4 0 • ARTICLE I. IN GENERAL Sec. 24-1. State misdemeanors; commis- sion within city. (a) It shall be unlawful to commit within the city any act which shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts are forbidden. (b) Whosoever shall violate the provisions of this section shall, upon conviction, be punished by the same penalty as is therefor provided by the laws of the state, but in no case shall such penalty exceed the punishment provided in sec- tion 1-7. (Code 1962, § 14-20; Code 1998, § 42-1; Code 2008, § 42-1; Ord. No. 233-C, § 1, 4-12-1983) Case law annotation —A municipality may enact an ordinance which creates an offense against municipal law for the same act that constitutes an offense against state law. Jaramillo v City of Homestead, 322 So. 2d 496 (Fla. 1975). A municipality by ordinance may adopt state misdemeanor statutes by specific reference or by general reference, such as that contained in an ordinance making it unlawful to commit, within city limits, any act which is or shall be recognized by the laws of the state as a misdemeanor. Id. An adoption by general reference of a misdemeanor statute permits subsequent amendments, revisions and repeals of the laws by the state legislature to apply to the municipal ordinances. Id. See also Hecht v. ShaM 112 Fla. 762, 151 So. 333 (1933); McFarland v. Roberts, 74 So. 2d 88 (Fla. 1954); and State v. Smith, 189 So. 2d 846 (Fla. 4th D.C.A. 1966). Sec. 24-2. Advertising —Posting bills on trees, poles and buildings. It shall be unlawful for any person to nail, tack, paste, paint or otherwise attach any poster, bill or other advertising matter to any shade or ornamental tree or any telegraph, telephone, electric light or other pole on or along the streets of the city, or to attach such advertising matter to any building or structure on public property. (Code 1962, § 14-1; Code 1998, § 42-2; Code 2008, § 42-2; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-3. Advertising —Distributing samples of certain kinds. (a) It shall be unlawful for any person to distribute, for advertising purposes, drugs, patent medicines, chemicals, washing powders, soaps, and other cleaning articles, or samples of such items, unless the same are delivered directly to an adult person. (b) Satisfactory evidence showing possession of any of the articles in subsection (a) of this section by a child under 12 years of age, together with satisfactory evidence that any of such articles have been distributed, shall constitute prima facie evidence of the violation of this section. (Code 1962, § 14-2; Code 1998, § 42-3; Code 2008, § 42-3; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-4. Distribution or placing handbills, magazines, or other forms of advertising papers on public or private property. (a) The practice of distributing, casting, throw- ing, and otherwise placing handbills, circulars, newspapers, dodgers, magazines, pamphlets and other forms of advertising matter or papers upon public and private property, in the city, in viola- tion of this section, is hereby declared to constitute a public nuisance. (b) It shall be unlawful for any person to distribute, cast, throw or otherwise place upon any public place within the city, including streets, alleys, public parks, school grounds, or parking lots open to the use of the general public, any handbill, circular, dodger, pamphlet or other advertising literature of any kind, or any advertis- ing sample or device in any manner other than by delivery thereof to any person who then and there accepts the same. (c) It shall be unlawful for any person to distribute, cast, throw or otherwise place in, or upon, any vehicle operated, or parked, within the city, including streets, alleys, public parks, school grounds, or parking lots open to the use of the general public, any handbill, circular, dodger, pamphlet or other advertising literature of any kind, or any advertising sample or device, in any manner other than by delivery thereof to any person who then and there accepts the same. (d) It shall be unlawful for any person to distribute, cast, throw or otherwise place any handbill, circular, newspaper, dodger, magazine, pamphlet or other form of advertising matter or CD24:3 § 24-4 CLERMONT CODE paper, or any advertising sample or device, in the yard or grounds or upon the porch, vestibule or doorstep of any private residential property or upon any vacant lot without the express consent of the owner, or of an adult occupant, thereof, or of a person authorized by such owner to give such consent. (e) This section shall not be deemed to prohibit the distribution of United States mail, nor the delivery of any newspaper to any subscriber therefor, or to any person who has requested the delivery of such newspaper, nor the sale of separate copies thereof. (Code 1962, § 14-3; Code 1998, § 42-4; Code 2008, § 42-4; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-5. Littering. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Law enforcement officer means any officer of the state highway patrol, county sheriffs' depart- ments, municipal law enforcement departments, law enforcement departments of any other politi- cal subdivision, state department of environmental protection, and state wildlife commission. Litter means any garbage, rubbish, cans, bottles, containers, trash, refuse, papers, lighted or unlighted cigarette or cigar, or flaming or glow- ing material. (b) Prohibited acts. It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands, except in containers or areas lawfully provided therefor. It shall be unlawful for any person to throw, discard, place or deposit any garbage, cans, bottles or containers in or on any freshwater lakes, rivers, streams, or tidal or coastal waters of the state. In addition, it shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount whatsoever on any private property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (c) Penalty for violation of section. Any person violating any of the provisions of this section shall, upon conviction, be punished by a fine as provided in section 1-7. It shall be the duty of all law enforcement officers to enforce the provi- sions of this section. (Code 1962, § 14-7; Code 1998, § 42-7; Code 2008, § 42-7; Ord. No. 233-C, § 1, 4-12-1983) State law reference —Florida Litter Law, F.S. § 403.413. Sec. 24-6. Loitering in area of business during nonbusiness hours; authority of police. (a) No person or congregation of persons shall loiter in the area of a business operation unless such business is open for the public or unless the persons have written authority to so congregate or loiter. (b) The police department of the city is hereby authorized and directed to remove any person violating this section. (Code 1962, § 14-11; Code 1998, § 42-8; Code 2008, § 42-8; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-7. Public lands; selling goods thereon. No peddler, storekeeper, merchant or other person shall use or occupy any portion of any public square, park, street or sidewalk for the purpose of selling or offering for sale any goods, wares or merchandise. (Code 1962, § 14-18; Code 1998, § 42-9; Code 2008, § 42-9; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-8. Public houses; disturbances. It shall be unlawful for any person who owns or operates a hotel, tavern or inn or any other person keeping a public house, to permit persons who may resort to their houses to disturb their neighbors, either in the day or in the nighttime, by loud cries, carousals, songs or other noises, CD24:4 • OFFENSES AND MISCELLANEOUS PROVISIONS § 24-14 calculated or having the effect of interrupting the tranquility, peace and quietude of the neighbor- hood. (Code 1962, § 14-19; Code 1998, § 42-10; Code 2008, § 42-10; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-9. Throwing stones or other mis- siles. Any person found guilty of throwing stones, or other missiles, endangering persons or property, within the city limits, shall be punished as provided by section 1-7. (Code 1962, § 14-21; Code 1998, § 42-11; Code 2008, § 42-11; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-10. Riding skateboards on streets, sidewalks and other public places. (a) It shall be unlawful for any person to ride or use a skateboard on the streets, alleys or commercial parking lots open to the general public unless otherwise designated for such use. (b) It shall be unlawful for any person to ride or use a skateboard on any sidewalk located in a commercial district as designated by the adopted zoning district map of the city. (c) The riding of skateboards shall be permit- ted on sidewalks in all residential districts. However, pedestrians shall have the right-of- way at all times. (d) It shall be unlawful to place any ramp or other device used in conjunction with skateboard- ing on any public property. (e) Any person found in violation of this sec- tion shall be subject to a fine as provided in F.S. § 318.18(1) and (2). (Code 1962, § 14-22; Code 1998, § 42-12; Code 2008, § 42-12; Ord. No. 233-C, § 1, 4-12-1983; Ord. No. 258-C, § 1, 3-14-1989; Ord. No. 313-M, § 1, 6-11-1996) Sec. 24-11. Operating airboats within corporate boundaries. It shall be unlawful to operate an airboat or any other boat of similar construction and power within the corporate boundaries of the city. (Code 1962, § 14-23; Code 1998, § 42-13; Code 2008, § 42-13; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-12. Lighting of property. It shall be unlawful to illuminate any property in such a manner to cause unnecessary and unreasonable reflection, glare or light on other property. Lights used to illuminate property shall be installed and operated to reflect light away from adjoining premises. (Code 1962, § 14-24; Code 1998, § 42-14; Code 2008, § 42-14; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-13. Glass containers on beaches. (a) It shall be unlawful for any person to carry, possess, distribute or in any other manner have in the person's possession any glass contain- ers on city beaches. (b) Any person being found in violation of this section shall, upon conviction, be punished by a fine as provided in section 1-7. (Code 1962, § 14-25(a); Code 1998, § 42-15(c); Code 2008, § 42-15; Ord. No. 233-C, § 1, 4-12- 1983) Sec. 24-14. Prohibited residences for sexual offenders. (a) It is prohibited and unlawful for any person who has been convicted of a violation of F.S. § 794.011, 800.04, 827.071, or 847.0145, or any equivalent or similar statute or law of another state, regardless of whether adjudica- tion has been withheld, when the victim of the offense for which the conviction resulted was less than 16 years of age at the time the offense was committed, to reside in a residence located within the city when such residence is located within 2,500 feet of any school, day care center, public park, playground, library or church or other place of religious assembly regardless of whether the school, day care center, public park, playground, library or church or other place of religious assembly lies within the incorporated limits of the city or unincorporated county. (b) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the near- CD24:5 § 24-14 CLERMONT CODE est outer property line of a school, day care Secs. 24-33-24-52. Reserved. center, public park, playground or church or other place of religious assembly. DIVISION 2. CURFEW* (c) The provisions of this section shall not be applied to persons residing at a prohibited loca- tion on the effective date of the ordinance from which this section is derived such that it is not the intent of this section to impair valid, existing and bona fide contract rights; provided, however, that the provisions of this section shall apply upon termination of any leasehold relationship arising from a landlord tenant relationship or the expiration of a lease. When a person who is the subject of this section changes residences, this section shall fully apply to such persons. (d) The city may pursue any enforcement action or legal remedy available under control- ling state law and any legal remedy available to the city to include, but not be limited to, a fine not exceeding $500.00 unless otherwise authorized by state law or by imprisonment for a term not exceeding 60 days unless otherwise authorized by state law, or by both such fine and imprison- ment. (Code 1998, § 42-16; Code 2008, § 42-16; Ord. No. 345-C, § 2, 7-26-2005; Ord. No. 346-C, § 2, 8-9-2005) Secs. 24-15-24-31. Reserved. ARTICLE II. MINORS DIVISION 1. GENERALLY Sec. 24-32. Frequenting pool rooms. (a) It shall be unlawful for any person under the age of 18 years to enter, remain in or engage in any games in any billiard or pool room (not for private use) in the city, or for the owner, manager or keeper of such billiard or pool room, not kept for private use, to permit any minor under the age of 18 years to enter, remain in or engage in any game therein. (b) This section shall not be applicable except in such establishments where intoxicating bever- ages are sold, served, distributed or consumed. (Code 1962, § 14-10; Code 1998, § 42-41; Code 2008, § 42-41; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-53. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curfew hours means: (1) The hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (2) The hours of 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. Guardian means: (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. Minor means any person under 16 years of age. Operator means any individual, firm, associa- tion, partnership, or corporation operating, manag- ing or conducting any establishment. The term includes the members or partners of an associa- tion or partnership and the officers of a corpora- tion. *State law reference —Juvenile curfew ordinances, F.S. § 877.20 et seq. • is CD24:6 OFFENSES AND MISCELLANEOUS PROVISIONS § 24-56 Parent means a person who is: minor to remain in any public place or on the (1) A natural parent, adoptive parent or premises of any establishment within the city stepparent of another person; or during curfew hours. (2) At least 18 years of age and authorized (c) The owner, operator or any employee of an by a parent or guardian to have the care establishment is in violation of this section if the and custody of a minor. owner knowingly allows a minor to remain upon the premises of the establishment during curfew Public place means any place to which the hours. public or a substantial group of the public has (Code 1962, § 14-8; Code 1998, § 42-63; Code access and includes, but is not limited to, streets, 2008, § 42-63) highways, and the common areas of schools, hospitals, apartment houses, office buildings, Sec. 24-56. Defenses. transport facilities and shops. (a) It is a defense to prosecution under section Remain means to: 24-55 that the minor was: (1) Linger or stay; or (1) Accompanied by the minor's parent or guardian; (2) Fail to leave premises when requested to (2) On an errand at the direction of the do so by a police officer or the owner, minor's parent or guardian, without any operator or other person in control of the detour or stop; premises. (3) In a motor vehicle involved in interstate Serious bodily injury means bodily injury that travel; creates a substantial risk of death or that causes death, serious permanent disfigurement, or (4) Engaged in an employment activity, or protracted loss or impairment of the function of going to or returning home from an any bodily member or organ. employment activity, without any detour (Code 1998, § 42-61; Code 2008, § 42-61) or stop; (5) Involved in an emergency; Sec. 24-54. Penalty for violation of divi- (6) On the sidewalk abutting the minor's sion. residence or abutting the residence of a A person who violates a provision of this next -door neighbor if the neighbor did division is guilty of a separate offense for each not complain to the police department day or part of a day during which the violation is about the minor's presence; committed, continued or permitted. Each offense, (7) Attending an official school, religious or upon conviction, is punishable by a fine not to other recreational activity supervised by exceed $500.00. adults and sponsored by the city, a civic (Code 1998, § 42-62; Code 2008, § 42-62) organization or another similar entity that takes responsibility for the minor, or Sec. 24-55. Prohibited acts. going to or returning home from, without any detour or stop, an official school, (a) A minor is in violation of this section if the religious or other recreational activity minor remains in any public place or on the supervised by adults and sponsored by premises of any establishment within the city the city, a civic organization or another during curfew hours. similar entity that takes responsibility (b) A parent or guardian is in violation of this for the minor; section if the parent or guardian knowingly (8) Exercising First Amendment rights permits, or by insufficient control, allows the protected by the United States Constitu- CD24:7 § 24-56 CLERMONT CODE tion, such as the free exercise of religion, freedom of speech, and the right of assembly; or (9) Married or had been married or had disabilities of minority removed in accordance with state law. (b) It is a defense to prosecution under section 24-55(c) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Code 1998, § 42-64; Code 2008, § 42-64) Sec. 24-57. Enforcement of division. Before taking any enforcement action under this division, a police officer shall ask the appar- ent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 24-56 is present. (Code 1998, § 42-65; Code 2008, § 42-65) Secs. 24-58-24-87. Reserved. ARTICLE III. NUDITY Sec. 24-88. In public places. It shall be unlawful for any host, hostess, waiter, waitress, entertainer, employee or any other person in any cocktail lounge, bar, saloon, cabaret, nightclub, restaurant or any other public place within the city to be found in a state of nudity or in an indecent exposure of the person as described in section 24-89. (Code 1962, § 14-15; Code 1998, § 42-81; Code 2008, § 42-81; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-89. Prohibited acts. The following acts of behavior are hereby declared unlawful if committed within the city: (1) The removal by any hostess, waitress, female entertainer, female employee or any other female person in any cocktail lounge, bar, saloon, cabaret, nightclub, restaurant or any other public place and in the presence of an audience, of the person's clothing, so as to make nude, or give the illusion of nudity, of any part of either the genital organs, buttocks or breasts. (2) The exposure by a male performer, male employee or any other male person in any cocktail lounge, bar, saloon, cabaret, nightclub, restaurant or any other public place and in the presence of an audience, of any part of either the genital organs or the buttocks. (3) The performance of any dance, episode or musical entertainment by any person in any cocktail lounge, bar, saloon, cabaret, nightclub, restaurant or any other public place and in the presence of an audience, where the purpose of such performance is to direct the attention of the audience to the breasts, buttocks or genital organs of the performer. (Code 1962, § 14-16; Code 1998, § 42-82; Code 2008, § 42-82; Ord. No. 233-C, § 1, 4-12-1983) Sec. 24-90. Employment of persons to perform prohibited acts in public places. It shall be unlawful for any owner, operator or manager of any cocktail lounge, bar, saloon, cabaret, nightclub, restaurant or any other public place within the city to employ any person to engage in the conduct of acts prohibited by sections 24-88 and 24-89 or to permit any employee to engage in the conduct of acts prohibited by sections 24-88 and 24-89. (Code 1962, § 14-17; Code 1998, § 42-83; Code 2008, § 42-83; Ord. No. 233-C, § 1, 4-12-1983) Secs. 24-91-24-108. Reserved. ARTICLE IV. SIMULATED GAMBLING DEVICES Sec. 24-109. Legislative authorization. This article is enacted in the interest of the public health, peace, safety, and general welfare • CD24:8 • • • OFFENSES AND MISCELLANEOUS PROVISIONS § 24-111 of the citizens and inhabitants of the city, pursu- (5) The term "computer simulation" includes ant to article VIII, section 2, Florida Constitu- simulations by means of a computer, tion, and F.S. ch. 166. computer system, video display, video (Code 2008, § 42-100; Ord. No. 2011-05-C, § 2, system or any other form of electronic 10-25-2011) video presentation. Sec. 24-110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Simulated gambling device means any device that, upon connection with an object, is available to play or operate a computer simulation of any game, and which may deliver or entitle the person or persons playing or operating the device to a payoff. The following rules of construction apply to the term "simulated gambling device": (1) (2) (3) (4) The term "device" means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of download- ing games from a central server system, machine, computer or other device or equipment. The term "device" also includes any associated equipment neces- sary to conduct the operation of the device. The term "upon connection with" means insertion, swiping, passing in range, or any other technical means of physically or electromagnetically connecting an object to a device or inputting a password or code account number, or username, into a device. The term "object" means a coin, bill, ticket, token, card, password, code account number or similar object, obtained directly or indirectly through payment of consideration, or obtained as a bonus or supplement to another transaction involv- ing the payment of consideration. The terms "play or operate" or "play or operation" includes the use of skill, the application of the element of chance, or both. (6) The term "game" includes slot machines, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest or other promotion, lotto, sweepstakes, and any other game associated with gambling or which could be associated with gambling, but the term "game" does not necessarily imply gambling as that term may be defined elsewhere. (7) The term "payoff' means cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manu- ally. (8) The use of the word "gambling" in the term "simulated gambling device" is for convenience of reference only. The term "simulated gambling device" as used in this article is defined exclusively by this subsection and does not incorporate or imply any other legal definition or require- ment applicable to gambling that may be found elsewhere. (Code 2008, § 42-101; Ord. No. 2011-05-C, § 2, 10-25-2011) Sec. 24-111. Intent. The intent of the council acting as the govern- ing body of the city, in adopting this article, is to prohibit broadly the possession or use of simulated gambling devices, including any related activity or behavior which can be reasonably construed to be the use of simulated gambling devices. Further, the council, in prohibiting simulated gambling devices, in no way intends to approve the use of actual slot machines, other forms of casino gambling or other types of gambling devices. In addition, this prohibition is aimed directly at devices that simulate gambling activ- CD24:9 § 24-111 CLERMONT CODE ity, regardless of whether the devices or the simulations in and of themselves can be said to constitute gambling as that term may be defined elsewhere. (Code 2008, § 42-102; Ord. No. 2011-05-C, § 2, 10-25-2011) Sec. 24-112. Prohibition. It is unlawful in the city for any person to design, develop, manage, supervise, maintain, provide, produce, possess or use one or multiple simulated gambling devices. Each individual act to design, develop, manage, supervise, maintain, provide, produce, possess or use a simulated gambling device constitutes a separate violation of this section. (Code 2008, § 42-103; Ord. No. 2011-05-C, § 2, 10-25-2011) Sec. 24-113. Exemptions. (a) This article does not prohibit an individual's personal, recreational, and noncommercial owner- ship, possession, play, operation or use of a device which could be construed to be a simulated gambling device. (b) This article does not prohibit the owner- ship, possession, play, operation or use of any device expressly permitted by the state statutes and not otherwise prohibited by the Florida Constitution, except that devices permitted by article X, section 23 of the Florida Constitution and F.S. ch. 551 in Broward and Miami -Dade Counties only are not permitted by this article. (c) This article does not prohibit a religious or charitable organization from conducting a fund- raising activity involving gaming, provided the religious or charitable organization provides advance written notice to the city chief of police of the date, time, place, and nature of such activity and who will be conducting it, and the activity is not otherwise unlawful. (Code 2008, § 42-104; Ord. No. 2011-05-C, § 2, 10-25-2011) Sec. 24-114. Conflict with state law. Nothing in this article is intended to conflict with the provisions of the Florida Constitution or F.S. ch. 849 concerning gambling. In the event of a direct and express conflict between this article and either the Florida Constitution or F.S. ch. 849, then the provisions of the Florida Constitu- tion or F.S. ch. 849, as applicable, control. (Code 2008, § 42-105; Ord. No. 2011-05-C, § 2, 10-25-2011) Sec. 24-115. Civil penalties and injunctive relief. (a) Civil penalties. Any person who violates this article is subject to the fine provisions of chapter 1, article II. Each simulated gambling device, possession or use thereof, constitutes an individual offense for the purpose of chapter 2. (b) Injunctive relief. The city attorney's office, or special counsel as otherwise authorized, is authorized to pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law in courts of competent jurisdiction to cure, remove or end any activity which violates this article. (Code 2008, § 42-106; Ord. No. 2011-05-C, § 2, 10-25-2011) • is CD24:10 �J • Chapter 25 RESERVED CD25:1 • Chapter 26 PARKS AND RECREATION* Article I. In General Secs. 26-1-26-18. Reserved. Article II. Public Conduct in Parks and Recreation Sec. 26-19. Purpose and intent. Sec. 26-20. Definitions. Sec. 26-21. Hours of operation and general use. Sec. 26-22. Traffic control. Sec. 26-23. Pollution and litter. Sec. 26-24. Removal of natural resources. Sec. 26-25. Fireworks; destructive devices; weapons; other potentially danger- ous uses. Sec. 26-26. Fires. Sec. 26-27. Camping and sleeping. Sec. 26-28. Noise and other conduct. Sec. 26-29. Commercial activity and peddling. Sec. 26-30. Interference with park operations. Sec. 26-31. Glass containers. Sec. 26-32. Airsofl; and paintball guns. Sec. 26-33. Bathing, swimming, scuba diving. Sec. 26-34. Promulgation of supplemental rules. Sec. 26-35. Hunting/wildlife preservation and conservation. Sec. 26-36. Bicycles, micro -mobility devices and motorized scooters. Sec. 26-37. Enforcement; penalties. 0 *State law reference —Municipal Home Rule Powers Act, F.S. ch. 166. CD26:1 PARKS AND RECREATION § 26-21 0 • • ARTICLE I. IN GENERAL Secs. 26-1-26-18. Reserved. ARTICLE II. PUBLIC CONDUCT IN PARKS AND RECREATION Sec. 26-19. Purpose and intent. The purpose and intent of this article is to establish minimum rules and regulations to promote the safe and orderly use of, and to discourage and prevent the misuse of, city park and recreation areas for the benefit of the general public. (Code 2008, § 54-111; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bicycle means every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor designed to or capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. City park means land owned or maintained by the city and which is designated as a public park or public recreation area by the city's comprehensive plan (recreation and open space element), by a resolution adopted by the city council, or by dedication that has been accepted by the city council. Included in the definition of the term "city park" are the city's special use facilities (for example, arts and recreation center) and all natural resources, wildlife, facilities, improvements, waters and materials in, on or under the lands so designated. Properties in any system of trails owned by the city are intended to be designated as a city park. Micro -mobility device means any motorized transportation device made available for private use by reservation through an online applica- tion, website, or software for point-to-point trips and which is not designed or capable of traveling at a speed greater than 20 miles per hour on level ground as defined by F.S. § 316.003(38). Motorized scooter means any vehicle or micro - mobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not designed to or capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground as defined by F.S. § 316.003(48). An electric personal assistive mobility device, as defined in F.S. § 316.003(24), shall not be considered a motorized scooter hereunder. Stage or staging means the unauthorized park- ing and or placing of bicycles, micro -mobility devices and motorized scooters on public property for the purpose of advertising or displaying such micro -mobility devices to the general public for use or rental. (Code 2008, § 54-112; Ord. No. 2016-22, § 2, 6-14-2016; Ord. No. 2020-32, § 2, 9-22-2020) Sec. 26-21. Hours of operation and general use. (a) All city parks shall be closed during the evening time period from dusk (sunset) to dawn (sunrise) unless otherwise posted. Signs stating park hours shall be posted prominently in each city park. (b) Programs or events sponsored or approved by the city, or for which the city has issued a permit, shall be permitted to use the city park during such program or event for the period of time approved by the city. (c) The city council by resolution or the city manager by administrative rule may adopt more restrictive or extended hours for any particular city park on a case -by -case basis of legitimate circumstances warranting hours of operation different than those set forth in subsection (a) of this section. CD26:3 § 26-21 CLERMONT CODE (d) The city council or the city manager may close any city park as deemed appropriate in the event of an emergency or an imminent threat to public health, safety or welfare. (e) Persons using any city park do so at their own risk. (f) Adults are responsible for children that they bring to a city park or who are otherwise under their care, custody or control. (Code 2008, § 54-113; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-22. Traffic control. (a) The Florida Uniform Traffic Control Laws, F.S. ch. 316, are incorporated by reference and made part of this section and shall apply to the operation of all motor vehicles, as defined in F.S. ch. 316, on streets and roads in all city parks, unless modified herein. Law enforcement officers and city employees are hereby authorized to direct traffic whenever necessary within the city parks. (b) It is unlawful to operate, drive or park any motor vehicle or other vehicle upon any road, driveway, path, trail, parking area, or other area within a city park except when the area has been marked, permitted or approved for such activity or activities either by permanent signage or marking or when permitted by the city in the course of a public event or activity. (c) It is unlawful to cause any vehicle for hire to stand upon any part of a city park for the purpose of soliciting passengers. (d) Pursuant to F.S. § 316.008(1)(e), which authorizes the city to establish speed limits on city streets in public parks, it is unlawful to drive a vehicle at a rate of speed exceeding ten miles per hour in any city park unless the city has posted a greater speed limit. (e) It is unlawful to enter or exit from any city park in any vehicle except at entrances and exits designated for such purpose by the city. (f) It is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere in a city park during hours when the city park is closed. (Code 2008, § 54-114; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-23. Pollution and litter. (a) It is unlawful to throw or place or cause to be thrown or placed, any litter, dirt, filth, or foreign matter into the water of any lake, pond, canal, pool, river, creek, inlet, tank or reservoir in any city park or on the grounds of any city park. (b) It is unlawful to cause any pollutant, as defined in F.S. § 206.9925 or 376.031, as may be amended, to be placed in or to otherwise pollute the lands or waters of a city park. (Code 2008, § 54-115; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-24. Removal of natural resources. (a) It is unlawful to remove any beach sand, whether submerged or not, any soil, rock, stones, plants, trees, shrubs, wood, flora, fauna or their materials from any city park unless issued a general or specific permit to do so by the city. (b) It is unlawful to cause or make any excava- tion by tools, equipment, blasting or other means at a city park unless issued a general or specific permit to do so by the city. (c) Subsections (a) and (b) of this section do not apply to city workers or authorized contrac- tors performing maintenance and upkeep of the city parks at the direction and consent of the city. (Code 2008, § 54-116; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-25. Fireworks; destructive devices; weapons; other potentially dangerous uses. (a) It is unlawful to carry, fire or discharge any explosive, or weapon as those terms are defined in F.S. § 790.001, as amended, or any fireworks, as deemed in F.S. § 791.01, as amended, of any description in a city park. However, the city council hereby expressly recognizes the state l� u • CD26:4 • • PARKS AND RECREATION § 26-29 law preemption of firearms and ammunition pursuant to F.S. § 790.33, as amended, and therefore, this section shall not apply in any respects to firearms and ammunition. (b) The city may authorize fireworks displays for which the city has issued a permit, during such program or event for the period of time approved by the city. (c) It is unlawful to carry, fire or use rockets and radio -controlled planes, boats, cars and helicopters at a city park unless such uses are specifically authorized or permitted by the city. (Code 2008, § 54-117; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-26. Fires. It is unlawful to ignite, set or maintain any fire in a city park unless such fire is within an area designated by the city for fires by signage and postings displayed at the city park unless specifically authorized or permitted by the city. Included in this prohibition are activities such as the use of portable cooking equipment of whatever type or nature. (Code 2008, § 54-118; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-27. Camping and sleeping. It is unlawful to sleep, camp, lodge or park a vehicle overnight in a city park unless the city has designated certain areas for these purposes, but then only to the extent permitted and authorized by the city. Any such activity authorized by the city shall not interfere with the general public's use and enjoyment of the city park and the intended purpose of the city park. (Code 2008, § 54-119; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-28. Noise and other conduct. (a) It is unlawful to play any musical instru- ment or audio amplification system or engage in any disorderly conduct or behavior tending to breach the public peace or in violation of the city's noise ordinance, in any city park. (b) It is unlawful to use abusive, threatening, offensive, profane, obscene or foul language that is reasonably foreseeable to provoke an immedi- ate breach of the peace or engage in any disorderly conduct or behavior tending to breach the public peace in any city park. (c) It is unlawful to use golf clubs within a city park unless as part of a specific program or activity which has been permitted and approved by the city. (d) It is unlawful to take into, carry through, or put into any city park, any rubbish, refuse, garbage or other waste (waste). Such waste shall be deposited in receptacles, so provided by the city. Where receptacles are not provided, all such waste shall be carried away from the city park by the person responsible for its presence and properly disposed of elsewhere. (Code 2008, § 54-120; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-29. Commercial activity and ped- dling. It is unlawful to engage in any commercial activity for any consideration within a city park without being authorized or permitted by the city. (1) Any individual, group or organization conducting a program within any city park shall enter into an agreement with the city or rent the city park prior to the use of the requested city park. (2) Programs that are open to the public at no charge must request usage through the parks and recreation department, complete a public rental application, shall provide a copy of liability insurance with limits determined by the city and complete a background check. In addition, any waiver that is provided to participants shall be supplied to the city. (3) Any commercial use of city parks requires the operator to enter into a contractual agreement with the city. Examples of commercial use includes anyone who offers instruction, education, care or supervi- CD26:5 § 26-29 CLERMONT CODE sion and charges a fee, and for -profit corporations using city parks as a means to generate profit. (Code 2008, § 54-121; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-30. Interference with park opera- tions. It is unlawful to interfere with the operations of a city park by gathering in groups that are not engaged in bona fide recreation activities consistent with the facilities of the city park and any permit issued by the city. (Code 2008, § 54-123; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-31. Glass containers. The use of glass containers of any kind in a recreation area of a city park, including, but not limited to, playing fields, splash pad areas, pool areas, children's playground areas, and trails is prohibited unless such use is in an area where the use of glass containers has been authorized by the city. (Code 2008, § 54-124; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-32. Airsoft and paintball guns. The use of airsoft (plastic pellets) guns, paint - ball guns, paintball markers, and paintball equip- ment within city parks is prohibited unless the city has specifically designated an area for the use of this equipment. Paintball equipment includes, but is not limited to, paint balls, paint gun refillable gas tanks, paint gun propellant canisters, and targets. Nothing contained in this section is intended to regulate or apply to firearms and ammunition which are preempted by state law. (Code 2008, § 54-125; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-33. Bathing, swimming, scuba diving. No person shall swim, bathe, wade or scuba dive in any waters or waterways within a city park except in such waters and at such places and times authorized and posted by the city. (Code 2008, § 54-126; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-34. Promulgation of supplemental rules. (a) The city manager is hereby authorized to adopt administrative rules supplemental to, and consistent with, the provisions of this article that the city manager deems necessary and appropriate to implement the provisions of this article relative to the use of city parks and the violation of such rules shall constitute a viola- tion of this article. (b) The provisions of this article and the administrative rules adopted by the city manager shall be maintained on file at city hall and at the parks and recreation department office for public inspection and copying. (c) A general condition of each permit to use a city park is that the permittee shall abide by and adhere to the provisions of this article and the rules promulgated by the city, except as may be otherwise specifically permitted by the city by means of a permit issued for a specific event or activity. (d) The city manager or authorized designee shall regularly review, or cause to be reviewed, the use of and conditions within each city park in order to reasonably mitigate against potential public liability relating to city parks. (Code 2008, § 54-127; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-35. Hunting(wildlife preservation and conservation. (a) It is unlawful to harass, hunt, catch, harm, kill, trap, shoot, shine lights at or throw missiles at any animal, of any type or species, in any city park. Exception to the foregoing is made in that snakes known to be deadly and/or poisonous may be killed on sight in self-defense. (b) It is unlawful to introduce into or leave any wild animal in a city park. (c) It is unlawful for a person to remove or have in the person's possession any wild animal, of any type or species, or the eggs or nest of a young reptile or bird which is or was located in a city park. • • CD26:6 PARKS AND RECREATION 0 (d) The city may issue permits to allow activi- ties and actions that are otherwise contrary to the provisions of this section if the city determines that the activities and actions will be accomplished for management, scientific or husbandry purposes and are consistent with the public interest. (Code 2008, § 54-128; Ord. No. 2016-22, § 2, 6-14-2016) Sec. 26-36. Bicycles, micro -mobility devices and motorized scoot- ers. (a) No bicycle, micro -mobility device or motor- ized scooter shall be parked, staged, abandoned or otherwise left upon any street, right-of-way or sidewalk in such a manner as to obstruct traffic, either of vehicles or pedestrians, or to obstruct any stopping or parking space. (b) It shall be unlawful to operate any motor- ized scooter or micro -mobility devices in or upon the city parks, including, but not limited to, any trail or path of the city designed and dedicated for non -motor vehicle, bicycle or pedestrian traf- fic. (c) It shall be unlawful to stage micro - mobility devices and motorized scooters within the limits of the city. (Code 2008, § 54-129; Ord. No. 2020-32, § 3, 9-22-2020) Sec. 26-37. Enforcement; penalties. City law enforcement and code enforcement officers, the parks and recreation director or authorized designee, and the city manager or authorized designee shall be responsible for enforc- ing the provisions of this article and shall have the authority to order any person acting in violation of this article to leave the city park. It is unlawful for a person to remain in the city parks when the person is asked to leave the city park by a city official pursuant to this section. (Code 2008, § 54-130; Ord. No. 2016-22, § 2, 6-14-2016; Ord. No. 2020-32, § 4, 9-22-2020) § 26-37 CD26:7 • • • Chapter 27 RESERVED CD27:1 • • • Chapter 28 PENSIONS AND RETIREMENT* Article I. In General Sec. 28-1. City Pension Plan for Police and Firefighters and Defined Benefits General Employees Plan. Sec. 28-2. Defined Contribution Plan for General Employees. Sec. 28-3. Florida Municipal Pension Trust Fund 401(A) Defined Contribu- tion Plan. Sec. 28-4. Copies on file; public inspection. Secs. 28-5-28-26. Reserved. Article II. Social Security Sec. 28-27. Adoption of coverage. Sec. 28-28. Execution of agreements with state agency. Sec. 28-29. Employee contributions. Sec. 28-30. Employer contributions; appropriations. Sec. 28-31. Records and reports. Sec. 28-32. Adoption of terms of Social Security Act. Sec. 28-33. Duties of city finance director. Seca. 28-34-28-54. Reserved. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 28-55. 28-56. 28-57. 28-58. 28-59. 28-60. 28-61. 28-62. 28-63. 28-64. 28-65. 28-66. 28-67. 28-68. 28-69. 28-70. 28-71. 28-72. 28-73. 28-74. Sec. 28-75. Sec. 28-76. Sec. 28-77. Sec. 28-78. Sec. 28-79. Sec. 28-80. Sec. 28-81. Sec. 28-82. Article III. Police Officers' Retirement Plan Retirement plan and trust for the police officers of the city. Definitions. Membership. Board of trustees. Finances and fund management. Contributions. Benefit amounts and eligibility. Pre -retirement death. Disability. Vesting. Optional forms of benefits. Beneficiaries. Claims procedures. Reports to division of retirement. Roster of retirees. Maximum pension. Minimum distribution of benefits. Miscellaneous provisions. Repeal or termination of system. Domestic relations orders; retiree directed payments; exemption from execution, non -assignability. Pension validity. Forfeiture of pension. Conviction and forfeiture; false, misleading or fraudulent state- ments. Indemnification. Direct transfers of eligible rollover distributions. Family and medical leave act. Military service prior to employment. Prior police service. *State law reference -Actuarial soundness of retirement systems, F.S. § 112.60 et seq. CD28:1 CLERMONT CODE 0 Sec. 28-83. Reemployment after retirement Sec. 28-84. Supplemental benefit component for special benefits; chapter 185 share accounts. Sec. 28-85. Deferred retirement option plan (DROP). Secs. 28-86-28-113. Reserved. Article IV. Firefighters' Retirement Plan Sec. 28-114. Retirement plan and trust for the firefighters of the city. Sec. 28-115. Definitions. Sec. 28-116. Membership Sec. 28-117. Board of trustees. Sec. 28-118. Finances and fund management. Sec. 28-119. Contributions. Sec. 28-120. Benefit amounts and eligibility. Sec. 28-121. Pre -retirement death. Sec. 28-122. Disability. Sec. 28-123. Vesting. Sec. 28-124. Optional forms of benefits. Sec. 28-125. Beneficiaries. Sec. 28-126. Claims procedures. Sec. 28-127. Reports to division of retirement. Sec. 28-128. Roster of retirees. Sec. 28-129. Maximum pension. Sec. 28-130. Minimum distribution of benefits. Sec. 28-131. Miscellaneous provisions. Sec. 28-132. Repeal or termination of system. Sec. 28-133. Domestic relations orders; retiree directed payments; exemption from execution, non -assignability. Sec. 28-134. Pension validity. Sec. 28-135. Forfeiture of pension. Sec. 28-136. Conviction and forfeiture; false, misleading or fraudulent state- ments. Sec. 28-137. Indemnification. Sec. 28-138. Direct transfers of eligible rollover distributions. Sec. 28-139. Family and Medical Leave Act. Sec. 28-140. Military service prior to employment. Sec. 28-141. Prior firefighter service. Sec. 28-142. Reemployment after retirement. Sec. 28-143. Supplemental benefit component for special benefits; chapter 175 share accounts. Sec. 28-144. Deferred retirement option plan (DROP). is CD28:2 PENSIONS AND RETIREMENT § 28-28 0 • �J ARTICLE I. IN GENERAL Sec. 28-1. City Pension Plan for Police and Firefighters and Defined Benefits General Employees Plan. The city council confirms and adopts the Clermont Pension Plan for Police Officers, Firefighters and Defined Benefits General Employees Plan, as amended and restated (effec- tive date November 1, 1960), as it is set forth in full and on file in the city clerk's office. The plan and trust shall be known as and may be referred to as the Clermont Pension Plan for Police and Firefighters and Defined Benefits Plan General Employees Plan (November 1, 1960). Effective October 1, 1985, the Defined Contribution Plan for General Employees was provided through a separate plan and trust as provided for in section 28-2. Effective February 2001, the police officers' and the firefighters' retirement benefits were provided through a separate plan and trust created by Ordinance No. 304-C. Effective March 23, 2021, the retirement plans for the police officers and the firefighters were amended and restated as provided for in sections 28-55 and 28-114, respectively. (Code 2008, § 46-21; Ord. No. 2014-16, § 1, 6-10-2014; Ord. No. 2014-36, § 1, 10-28-2014; Ord. No. 2015-05, § 1, 2-10-2015; Ord. No. 2021-012, § 2, 3-23-2021) Sec. 28-2. Defined Contribution Plan for General Employees. The city council confirms and adopts the Defined Contribution Plan for General Employees, as amended and restated (effective date October 1, 1985), as it is set forth in full and on file in the city clerk's office. The plan and trust shall be known as and may be referred to as the Defined Contribution Plan for General Employees (October 1, 1985). (Code 2008, § 46-22; Ord. No. 2014-16, § 1, 6-10-2014; Ord. No. 2014-23, § 1, 10-28-2014) Sec. 28-3. Florida Municipal Pension Trust Fund 401(A) Defined Contribution Plan. The city council confirms and adopts the Florida Municipal Pension Trust Fund 401(A) Defined Contribution Plan (November 2001) as it is set forth in full and on file in the city clerk's office. The plan and trust shall be known as and may be referred to as the Florida Municipal Pension Trust Fund 401(A) Defined Contribu- tion Plan (November 2001). (Code 2008, § 46-25; Ord. No. 2014-16, § 1, 6-10-2014) Sec. 28-4. Copies on file; public inspec- tion. The city manager is authorized and directed to maintain on file in the office of the city clerk copies of the pension and retirement plans adopted in this chapter for public inspection at all times. (Code 2008, § 46-26; Ord. No. 2014-16, § 1, 6-10-2014) Secs. 28-5-28-26. Reserved. ARTICLE II. SOCIAL SECURITY* Sec. 28-27. Adoption of coverage. It is hereby declared to be the policy and purpose of the city to extend, effective as of October 1, 1954, to the employees and officials thereof not excluded by law or excepted in this article, and whether employed in connection with a governmental or proprietary function, the benefits of the system of old -age and survivors insurance as authorized by the federal Social Security Act and amendments thereto, including Public Law 734 of 81st Congress, and by F.S. ch. 650, and to cover by such plan all services which constitute employment, as defined in F.S. § 650.02, performed in the employ of the city by employees thereof. (Code 2008, § 46-31; Ord. No. 2014-16, § 1, 6-10-2014) Sec. 28-28. Execution of agreements with state agency. The mayor, or other chief executive officer of the city, is hereby authorized and directed to execute all necessary agreements and amend - *State law reference -Social security for public employees, F.S. ch. 650. CD28:3 § 28-28 CLERMONT CODE ments thereto with the state agency, for the purpose of extending the benefits provided by the system of old -age and survivors insurance to the employees and officials of this city as provided in section 28-27, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient administra- tion thereof, and shall be effective with respect to services in employment covered by such agree- ment performed after September 30, 1954. (Code 2008, § 46-32; Ord. No. 2014-16, § 1, 6-10-2014) Sec. 28-29. Employee contributions. Withholding from salaries, wages or other compensation of employees and officials for the purpose provided in section 28-27 is hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations and shall be paid over to the state agency designated by such laws or regulations to receive such amounts. (Code 2008, § 46-33; Ord. No. 2014-16, § 1, 6-10-2014) Sec. 28-30. Employer contributions; appropriations. There shall be appropriated from available funds, derived from the general funds of the city, such amounts, at such times, as may be required to pay promptly the contributions and assess- ments required of the city as employer by applicable state or federal laws or regulations under this article, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regula- tion. (Code 2008, § 46-34; Ord. No. 2014-16, § 1, 6-10-2014) Sec. 28-31. Records and reports. The city shall keep such records and make such reports under this article as may be required by applicable state or federal laws or regulations and shall adhere to the regulations of the state agency. (Code 2008, § 46-35; Ord. No. 2014-16, § 1, 6-10-2014) Sec. 28-32. Adoption of terms of Social Security Act. The city does hereby adopt the terms, condi- tions, requirements, reservations, benefits, privileges and other conditions thereunto appertaining of title II of the Social Security Act, as amended, for and on behalf of all the officers and employees thereof and of its departments and agencies now covered or authorized to be covered by any retirement system provided by law, excepting any official or employee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations. (Code 2008, § 46-36; Ord. No. 2014-16, § 1, 6-10-2014) Sec. 28-33. Duties of city finance director. The city finance director is hereby designated the custodian of all sums withheld from the compensation of officers and employees under this article and of the appropriated funds for the contribution of the city, and the city finance director is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 2008, § 46-37; Ord. No. 2014-16, § 1, 6-10-2014) Secs. 28-34-28-54. Reserved. ARTICLE III. POLICE OFFICERS' RETIREMENT PLAN* Sec. 28-55. Retirement plan and trust for the police officers of the city. The city council adopts the amended and restated plan and trust for the police officers of *State law reference —Municipal police pensions, F.S. ch. 185. • • CD28:4 PENSIONS AND RETIREMENT § 28-56 0 ID the city, effective March 23, 2021, as if fully set forth in this Code. The plan shall be renamed as the city Police Officers' Retirement Plan and all assets of the former retirement plan and trust for the police officers of the city are renamed also. (Code 2008, § 46-50; Ord. No. 2014-16, § 1, 6-10-2014; Ord. No. 2021-012, § 3, 3-23-2021) Sec. 28-56. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated contributions means a member's own contributions with interest at the rate of five percent per annum. Interest accrues only during periods when a member is accruing credited service. For those members who purchase credited service with interest or at no cost to the system, any payment representing the amount attributable to member contributions based on the applicable member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such credited service, shall be included in accumulated contributions without the credit- ing of interest of five percent per annum. Actuarial equivalent means a benefit or amount of equal value, based upon the unisex mortality table promulgated by the Internal Revenue Service for purposes of Internal Revenue Code section 417(e)(3), and an interest rate equal to the investment return assumption set forth in the last actuarial valuation report approved by the board. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. Average final compensation means Y12 of the average salary of the five best years of the last ten years of credited service prior to retirement, termination, or death, or the career average as a full-time police officer, whichever is greater. A year shall be 12 consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect, or if no person so designated is living, at the time of death of the member, the beneficiary shall be the estate of the member. Board means the board of trustees, which shall administer and manage the system herein provided and serve as trustees of the fund. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited service means the total number of years and fractional parts of years, computing fractional parts of years on the basis of the nearest number of completed months of service as a police officer with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city as a police officer. A member may voluntarily leave the member's accumulated contributions in the fund for a period of five years after leaving the employ of the police department pending the possibility of being reemployed as a police officer, without losing credit for the time that the person was a member of the system. If a vested member leaves the employ of the police department, the member's accumulated contributions will be returned only upon the member's written request. If a member who is not vested is not reemployed as a police officer with the police department within five years, the officer's accumulated contributions, if $1,000.00 or less shall be returned. If a member who is not vested is not reemployed within five years, the member's accumulated contributions, if more than $1,000.00, will be returned only upon the written request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of the member's rights and benefits under the system are forfeited and terminated. Upon any reemployment, a police officer shall not receive credit for the years and fractional parts of years of service for which the CD28:5 § 28-56 CLERMONT CODE officer has withdrawn the officer's accumulated contributions from the fund, unless the police officer repays into the fund the contributions the officer has withdrawn, with interest, as determined by the board, within 90 days after reemployment. (1) The years or fractional parts of a year that a member performs qualified military service consisting of voluntary or involuntary service in the uniformed services, as defined in the Uniformed Services Employment and Reemploy- ment Rights Act (USERRA) (P.L. 103- 353), after separation from employment as a police officer with the city to perform training or service, shall be added to the officer's years of credited service for all purposes, including vesting, provided that: a. The member is entitled to reemploy- ment under the provisions of USERRA. b. The member returns to employment as a police officer within one year from the earlier of the date of the member's military discharge or release from active service, unless otherwise required by USERRA. C. The maximum credit for military service pursuant to this subsection shall be five years. d. This subsection is intended to satisfy the minimum requirements of USERRA. To the extent that this subsection does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. (2) In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accru- als relating to the period of qualified military service) as if the member had resumed employment and then died while employed. (3) Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an individual receiving differential wage payments (as defined under section 3401(h)(2) of the code) from an employer shall be treated as employed by that employer, and the differential wage pay- ment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. (4) Leave conversions of unused accrued paid time off shall not be permitted to be applied toward the accrual of credited service either during each plan year of a member's employment with the city or in the plan year in which the member terminates employment. Effective date means October 1, 1979. Fund means the trust fund established herein as part of the system. Member means an actively employed police officer who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the system adopted by city ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to members who terminate employ- ment or who retire prior to the effective date of any ordinance adopting such benefit improve- ments, unless such ordinance specifically provides to the contrary. Plan year means the 12-month period begin- ning October 1 and ending September 30 of the following year. Police officer means an actively employed full-time person, employed by the city, including the officer's initial probationary employment period, who is certified as a police officer as a condition of employment in accordance with the provisions of F.S. § 943.1395, who is vested with authority to bear arms and make arrests, and • CD28:6 PENSIONS AND RETIREMENT § 28-58 0 • • whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the state. Retiree means a member who has entered retirement status. Retirement means a member's separation from city employment with eligibility for immediate receipt of benefits under the system or entry into the deferred retirement option plan. Salary means the total compensation for services rendered to the city as a police officer reportable on the member's W-2 form plus all tax deferred, tax sheltered, or tax-exempt items of income derived from elective employee payroll deductions or salary reductions, and any pay- ments for extra duty or special detail work performed on behalf of a second party employer. Effective October 1, 2019, the amount of annual overtime compensation that may be included in the calculation of a retirement benefit shall be limited to the first 300 hours of overtime paid per calendar year. The amount of the accrued unused sick or annual leave payment at retire- ment that may be included in the retirement benefit shall be the lesser of: (1) The total value of accrued unused sick or annual leave that would have been paid to the member based on years of service as of February 14, 2012; or (2) The actual amount of accrued unused sick or annual leave paid to the member at retirement, regardless of whether the amount of sick or annual leave was, at some time prior to retirement, reduced below the amount on February 14, 2012. Compensation in excess of the limitations set forth in section 401(a)(17) of the code as of the first day of the plan year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensa- tion of each member taken into account in determining benefits or employee contributions for any plan year beginning on or after January 1, 2002, may not exceed $200,000.00, as adjusted for cost -of -living increases in accordance with code section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost -of - living adjustment in effect for a calendar year applies to annual compensation for the determina- tion period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensa- tion limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a member's contributions or benefits for the cur- rent plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an eligible employee shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. The term "eligible employee" means an individual who was a member before the first plan year beginning after December 31, 1995. Spouse means the member's or retiree's spouse under applicable law at the time benefits become payable. System means the city Police Officers' Retire- ment Plan as contained herein and all amend- ments thereto. (Code 2008, § 46-51; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-57. Membership. (a) Conditions of eligibility. All police officers as of the effective date, and all future new police officers, shall become members of this system as a condition of employment. (b) Designation of beneficiary. Each police officer shall complete a form prescribed by the board designating a beneficiary. (Code 2008, § 46-52; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-58. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of CD28:7 § 28-58 CLERMONT CODE this article is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the city council, and two of whom shall be members of the system, who shall be elected by a majority of the police officers who are members of the system. The fifth trustee shall be chosen by a majority of the previous four trustees as provided for herein, and such person's name shall be submitted to the city council. Upon receipt of the fifth person's name, the city council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four trustees appointed or elected as herein provided and shall serve a two-year term, unless the trustee sooner vacates the office. Each resident trustee shall serve as trustee for a period of two years, unless the trustee sooner vacates the office or is sooner replaced by the city council at whose pleasure the trustee shall serve. Each member trustee shall serve as trustee for a period of two years, unless the trustee sooner leaves the employment of the city as a police officer or otherwise vacates the member's office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed the trustee in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall, by a majority vote, elect a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one vote on the board. Three affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of F.S. § 112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board and all other expenses of the board neces- sary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. In the event the board chooses to use the city's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the board. (e) The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the system and determine all questions arising thereunder. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disburs- ing agent, in writing, of approved benefit payments and other expenditures aris- ing through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required • is CD28:8 PENSIONS AND RETIREMENT § 28-59 0 • by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. (Code 2008, § 46-53; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-59. Finances and fund manage- ment. The establishment and operation of the fund are as follows: (1) As part of the system, there is hereby established the fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system, including the assets of the prior Police Officers' Retirement Plan. (2) The actual custody and supervision of the fund (and assets thereof) shall be vested in the board. Payment of benefits and disbursements from the fund shall be made by the disbursing agent but only upon written authorization from the board. (3) All funds of the Police Officers' Retire- ment Plan may be deposited by the board with the finance director of the city, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as the finance director is liable for the safekeeping of funds for the city. However, any funds so deposited with the finance director of the city shall be kept in a separate fund by the finance director or clearly identified as such funds of the Police Officers' Retirement Plan. In lieu thereof, the board shall deposit the funds of the Police Officers' Retire- ment Plan in a qualified public deposi- tory as defined in F.S. § 280.02, which depository with regard to such funds shall conform to and be bound by all of the provisions of F.S. ch. 280. In order to fulfill its investment responsibilities as set forth herein, the board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the board, in the invest- ment of all fund assets. (4) All funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composi- tion of the fund, including accurate cur- rent accounts and entries as regards the following: a. Current amounts of accumulated contributions of members on both an individual and aggregate account basis; b. Receipts and disbursements; C. Benefit payments; d. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contribu- tions and deposits from the city; e. All interest, dividends and gains (or losses) whatsoever; and f. Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (5) An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the system showing a detailed listing of assets and a state- ment of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. CD28:9 § 28-59 CLERMONT CODE (6) The board shall have the following invest- 2. The board shall develop and ment powers and authority: adopt a written investment a. The board shall be vested with full policy statement setting forth legal title to said fund, subject, permissible types of invest - however, and in any event to the ments, goals and objectives of authority and power of the city investments and setting qual- council to amend or terminate this ity and quantity limitations on fund, provided that no amendment investments in accordance with or fund termination shall ever result the recommendations of its in the use of any assets of this fund investment consultants. The except for the payment of regular investment policy statement expenses and benefits under this shall be reviewed by the board system, except as otherwise provided at least annually. herein. All contributions from time 3. In addition, the board may, to time paid into the fund, and the upon recommendation by the income thereof, without distinction board's investment consultant, between principal and income, shall make investments in group be held and administered by the trusts meeting the require - board or its agent in the fund and ments of Internal Revenue the board shall not be required to Service Revenue Ruling 81-100, segregate or invest separately any Revenue Ruling 2011-1 IRS portion of the fund. Notice 2012-6 and Revenue b. All monies paid into or held in the Ruling 2014-24, or successor Fund shall be invested and reinvested rulings or guidance of similar by the board and the investment of import, and operated or all or any part of such funds shall be maintained exclusively for the subject to the following: commingling and collective 1. Notwithstanding any limita- investment of monies, provided tion provided for in F.S. ch. that the funds in the group 185, to the contrary (unless trust consist exclusively of trust such limitation may not be assets held under plans quali- amended by local ordinance) fied under section 401(a) of the or any limitation in prior city code, individual retirement ordinances to the contrary, all accounts that are exempt under monies paid into or held in the section 408(e) of the code, fund may be invested and eligible governmental plans reinvested in such securities, that meet the requirements of investment vehicles or property section 457(b) of the code, and wherever situated and of governmental plans under sec - whatever kind, as shall be tion 401(a)(24) of the code. For approved by the board, includ- this purpose, a trust includes a ing, but not limited to, common custodial account or separate or preferred stocks, bonds, and tax -favored account maintained other evidences of indebted- by an insurance company that ness or ownership. In no event, is treated as a trust under however, shall more than 25 section 401(f) or under section percent of the assets of the 457(g)(3) of the code. While fund at market value be any portion of the assets of the is invested in foreign securities. fund are invested in such a CD28:10 PENSIONS AND RETIREMENT § 28-59 0 �J • group trust, such group trust is itself adopted as a part of the system or plan. (i) Any collective or common group trust to which assets of the fund are transferred pursuant to subsection (6)b.3 of this section shall be adopted by the board as part of the plan by executing appropriate participation, adoption agreements, and/or trust agreements with the group trust's trustee. (ii) The separate account maintained by the group trust for the plan pursu- ant to subsection (6)b.3 of this section shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries of the plan. (iii) For purposes of valua- tion, the value of the separate account maintained by the group trust for the plan shall be the fair market value of the portion of the group trust held for the plan, determined in accordance with generally recognized valuation procedures. C. At least once every three years, and more often as determined by the board, the board shall retain a profes- sionally qualified independent consultant, as defined in F.S. § 185.06, to evaluate the performance of all current investment managers and make recommendations regard- ing the retention of all such invest- ment managers. These recommendations shall be considered by the board at its next regularly scheduled meeting. d. The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. e. Neither the board nor any trustee shall be liable for the making, reten- tion or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the fund, except that, due to the board or trustee's own negligence, willful misconduct or lack of good faith. f. The board may cause any invest- ment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. g. The board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corpora- tion, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like com- mittee with the trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the CD28:11 § 28-59 CLERMONT CODE fund which it may deem to be to the best interest of the fund to exercise. h. The board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. i. Where any action which the board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as trustee under this article, can reasonably be taken or performed only after receipt by it from a member, the city, or any other entity, of specific information, certification, direction or instruc- tions, the board shall be free of liability in failing to take such action or perform such duty or function until such information, certifica- tion, direction or instruction has been received by it. j. Any overpayments or underpay- ments from the fund to a member, retiree or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board in such a manner that the actuarial equivalent of the benefit to which the member, retiree or beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the fund in a prudent manner. k. The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for herein. 1. In any application to or proceeding or action in the courts, only the board shall be a necessary party, and no member or other person having an interest in the fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. in. Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said fund shall always remain in the board. (Code 2008, § 46-54; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-60. Contributions. (a) Member contributions. (1) Amount. Each member of the system shall be required to make regular contributions to the fund in the amount of five percent of the member's salary. Member contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated as employer contributions pursuant to section 414(h) of the code. Such designation is contingent upon the contributions being excluded from the members' gross income for federal income tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. (2) Method. Such contributions shall be made by payroll deduction. (b) State contributions. Any monies received or receivable by reason of laws of the state, for the express purpose of funding and paying for retirement benefits for police officers of the city shall be deposited in the fund comprising part of this system immediately and under no circumstances more than five days after receipt by the city. • is CD28:12 PENSIONS AND RETIREMENT § 28-61 0 • • (c) City contributions. So long as this system is in effect, the city shall make quarterly contribu- tions to the fund in an amount equal to the required city contribution as shown by the applicable actuarial valuation of the system. (d) Other. Private donations, gifts and contribu- tions may be deposited to the fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. funds arising from these sources may be used only for additional benefits for members, as determined by the board, and may not be used to reduce what would have otherwise been required city contributions. (Code 2008, § 46-55; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-61. Benefit amounts and eligibil- ity. (a) Normal retirement age and date. A member's normal retirement age is the earlier of the attainment of the age of 55 years and the completion of ten years of credited service, or the completion of 20 years of credited service, regard- less of age. Each member shall become 100 percent vested in the member's accrued benefit at normal retirement age. A member's normal retirement date shall be the first day of the month coincident with or next following the date the member retires from the city after attaining normal retirement age. (b) Normal retirement benefit. A member retir- ing hereunder on or after the member's normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following the member's retirement and be continued thereafter during member's lifetime, ceasing upon death, but with 120 monthly payments guaranteed in any event. The monthly retirement benefit shall equal 2'A percent of average final compensation times years of credited service earned prior to October 1, 2002, and three percent of average final compensation times years of credited service earned on and after October 1, 2002. (c) Early retirement date. A member may retire on the member's early retirement date which shall be the first day of any month coincident with or next following the attainment of the age of 50 years and the completion of ten years of credited service. Early retirement under the system is retirement from employment with the city on or after the early retirement date and prior to the normal retirement date. (d) Early retirement benefit. A member retir- ing hereunder on the member's early retirement date may receive either a deferred or an immedi- ate monthly retirement benefit payable in the same form as for normal retirement as follows: (1) A deferred monthly retirement benefit which shall commence on what would have been the member's normal retire- ment date, determined based upon actual years of credited service as a police officer and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on the member's normal retirement date, determined based upon the member's actual years of credited service, except that credited service and average final compensation shall be determined as of the member's early retirement date; or (2) An immediate monthly retirement benefit which shall commence on the member's early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in subsection (d)(1) of this section, reduced by three percent for each year by which the commencement of benefits precedes the date which would have been the member's normal retire- ment date, determined based upon the member's actual years of credited service. (e) Required distribution date. The member's benefit under this section must begin to be distributed to the member no later than the member's required beginning date, as provided under section 28-71. (Code 2008, § 46-56; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) CD28:13 § 28-62 CLERMONT CODE Sec. 28-62. Pre -retirement death. member's youngest child. Such monthly (a) Death prior to vesting, not -in -line of duty. payments may be extended until the 25th birthday of the member's child if The beneficiary of a deceased member who was the child is unmarried and enrolled as a not receiving monthly benefits or who was not full-time student at an accredited institu- yet vested or eligible for early or normal retire- tion. If there is more than one minor ment and dies not -in -line of duty shall receive a child, the benefits shall be divided equally refund of 100 percent of the member's accumulated among the children. As each child reaches contributions. the benefit termination age, the remain- (b) Death after vesting, not -in -line of duty. ing eligible children will divide the The beneficiary of a deceased member who was benefits. not receiving monthly benefits and who was vested and dies not -in -line of duty shall receive (3) If the member dies leaves no surviving the benefits otherwise payable to the member at spouse but is survived by a child or the member's early or normal retirement date, children under 18 years of age and unmar- determined based on the member's actual years ried, the benefits provided by subsection of credited service. (d)(1) of this section, shall be paid for the use and benefit of such member's child or (c) Death prior to vesting, in -line of duty. If a children under 18 years of age and unmar- member dies prior to retirement in -the -line -of- ried until the 18th birthday of the duty, and the member is not vested, the member's member's youngest child. Such monthly beneficiary shall receive the benefit provided for payments may be extended until the in subsection (d) of this section. 25th birthday of any of the member's (d) Death after vesting, in -line of duty. If a children if the child is unmarried and member, other than a participant in the DROP enrolled as a full-time student at an under section 28-85 dies in the line of duty, the accredited institution. If there is more following benefits are payable: than one minor child, the benefits shall be divided equally among the children. (1) If the member dies leaving a surviving As each child reaches the benefit termina- spouse, the surviving spouse may receive tion age, the remaining eligible children a monthly pension equal to 100 percent will divide the benefits. of the monthly salary being received by the member at the time of the member's (4) If the member dies leaving no surviving death for the rest of the surviving spouse's spouse and no child under 18 years of age lifetime. Benefits provided by this subsec- and unmarried, and no child under the tion supersede any other distribution age of 25 years and unmarried, and that may have been provided by the enrolled as a full-time student, then the member's designation of beneficiary. Such member's beneficiary shall receive the benefit ceases upon the surviving spouse's greater of: death, unless the member's minor children survive the spouse as provided for in a. The member's accrued benefit; or subsection (d)(2) of this section. b. 42 percent of the member's average (2) If the surviving spouse dies and the final compensation, with the member's minor children survive the applicable annuity amount payable spouse, the monthly payments that for ten years. If the named otherwise would have been payable to beneficiary dies before the full ten such surviving spouse shall be paid for years of payments are made, the the use and benefit of the member's child remaining benefit payments will be or children under 18 years of age and paid in a lump sum to the estate of unmarried until the 18th birthday of the the beneficiary. • l� u CD28:14 PENSIONS AND RETIREMENT § 28-63 (5) For purposes of determining whether a of average final compensation times years death is in -the -line -of -duty, the presump- of credited service earned on and after tion and additional presumption provided October 1, 2002; or for in section 28-63(b)(1) and (b)(2) shall (3) 42 percent of the average final compensa- apply. tion of the member. (6) In all cases, the benefits paid in subsec- Eligibility requirements for disability benefits tions (d)(1), (2) and (3) of this section will are set forth in subsection (g) of this section. be at least the members accrued benefit paid for ten years. In the event that the (b) In -line of duty presumptions. surviving spouse or children's benefits cease due to death or reaching the age of (1) Presumption generally. Any condition or majority as provided for herein, the benefit impairment of health of a member caused will be paid to the estate of the survivor by hypertension or heart disease shall be payee (i.e., the surviving spouse or surviv- presumed to have been suffered in line of ing children). duty unless the contrary is shown by competent evidence, provided that such (e) Distributions to spouse beneficiary. member shall have successfully passed a Notwithstanding anything contained in this sec- physical examination upon entering into tion to the contrary, in any event, distributions such service, including cardiogram, which to the spouse beneficiary will begin no later than examination failed to reveal any evidence the beginning date provided under section of such condition; and provided further, 28-71(b)(2)a. that such presumption shall not apply to benefits payable or granted in a policy of (f) Determining payment period. The Uniform life insurance or disability insurance. Lifetime Table in Treasury Regulations section 1.401(a)(9)-9 shall determine the payment period (2) Additional presumption. The presump- for the calendar year benefits commence, if tion provided for in subsection (b)(2)b of necessary to satisfy the regulations. this section shall apply only to those (Code 2008, § 46-57; Ord. No. 2021-012, § 3(exh. conditions described in this subsection A), 3-23-2021) (b)(2) that are diagnosed on or after January 1, 1996. Sec. 28-63. Disability. a. Definitions. The following words, terms and phrases, when used in (a) Benefits in -line of duty. Any member who this subsection (b)(2), shall have the shall become totally and permanently disabled meanings ascribed to them in this to the extent that the member is unable, by subsection (b)(2)a, except where the reason of a medically determinable physical or context clearly indicates a different mental impairment, to render useful and efficient meaning: service as a police officer, which disability was Body fluids means blood and body directly caused by the performance of the fluids containing visible blood and member's duty as a police officer, shall, upon other body fluids to which universal establishing the same to the satisfaction of the precautions for prevention of board, be entitled to a monthly pension equal to occupational transmission of blood - the greater of: borne pathogens, as established by (1) The member's accumulated contribu- the Centers for Disease Control, tions at five percent interest; apply. For purposes of potential transmission of meningococcal (2) 2Y4 percent of average final compensa- tion times years of credited service earned meningitis or tuberculosis, the term "body fluids" includes respiratory, prior to October 1, 2002, plus three percent salivary, and sinus fluids, including CD28:15 § 28-63 CLERMONT CODE droplets, sputum, and saliva, needles or other sharp mucous, and other fluids through instruments exposed to which infectious airborne organ- body fluids; isms can be transmitted between persons. (iii) Engages in the pursuit, Emergency rescue or public safety apprehension, and arrest member means any member of law violators or suspected law violators employed full time by the city as a and, in performing such firefighter, paramedic, emergency duties, may be exposed to medical technician, law enforce- ment officer, or correctional officer body fluids; or who, in the course of employment, (iv) Is responsible for the runs a high risk of occupational custody, and physical exposure to hepatitis, meningococ- restraint when necessary, cal meningitis, or tuberculosis and of prisoners or inmates who is not employed elsewhere in a within a prison, jail, or similar capacity. However, the term other criminal detention "emergency rescue or public safety facility, while on work member" does not include any person detail outside the facility, employed by a public hospital or while being transported licensed under F.S. ch. 395, or any and, in performing such person employed by a subsidiary duties, may be exposed to thereof. body fluids. Hepatitis means hepatitis A, hepatitis B, hepatitis non -A, Occupational exposure, in the case hepatitis non-B, hepatitis C, or any of hepatitis, meningococcal other strain of hepatitis generally meningitis, or tuberculosis, means recognized by the medical com- an exposure that occurs during the munity. performance of job duties that may High risk of occupational exposure place a worker at risk of infection. means that risk that is incurred because a person subject to the provi- b. Presumption due to health condi- sions of this subsection, in perform- tion or impairment. Any emergency ing the basic duties associated with rescue or public safety member who the person's employment: suffers a condition or impairment of (i) Provides emergency medi- health that is caused by hepatitis, cal treatment in a non- meningococcal meningitis, or healthcare setting where tuberculosis, that requires medical there is a potential for treatment, and that results in total transfer of body fluids or partial disability or death shall between persons; be presumed to have a disability (ii) At the site of an accident, suffered in the line of duty, unless fire, or other rescue or the contrary is shown by competent public safety operation, or evidence; however, in order to be in an emergency rescue entitled to the presumption, the or public safety vehicle, member must, by written affidavit handles body fluids in or out of containers or works as provided in F.S. § 92.50, verify by with or otherwise handles CD28:16 PENSIONS AND RETIREMENT § 28-63 written declaration that, to the best exposed, outside the scope of of the member's knowledge and the member's employment, to belief: any person known to have 1. In the case of a medical condi- meningococcal meningitis or tion caused by or derived from known to be an asymptomatic hepatitis, the member has not: carrier of the disease. (i) Been exposed, through 3. In the case of tuberculosis, in transfer of bodily fluids, the period of time since the to any person known to member's last negative have sickness or medical tuberculosis skin test, the conditions derived from member has not been exposed, hepatitis, outside the outside the scope of the scope of the member's member's employment, to any employment; person known by the member (ii) Had a transfusion of blood to have tuberculosis. or blood components, other C. Immunization. Whenever any than a transfusion aris- standard, medically recognized vac- ing out of an accident or cine or other form of immunization injury happening in con- or prophylaxis exists for the preven- nection with the member's tion of a communicable disease for present employment, or which a presumption is granted received any blood under this section, if medically products for the treat- indicated in the given circumstances ment of a coagulation pursuant to immunization policies disorder since last established by the Advisory Commit - undergoing medical tests tee on Immunization Practices of for hepatitis, which tests the U.S. Public Health Service, an failed to indicate the pres- emergency rescue or public safety ence of hepatitis; member may be required by the city (iii) Engaged in unsafe sexual to undergo the immunization or practices or other high- prophylaxis unless the member's risk behavior, as identi- physician determines in writing that fied by the Centers for the immunization or other Disease Control or the prophylaxis would pose a significant Surgeon General of the risk to the member's health. Absent United States or had such written declaration, failure or sexual relations with a refusal by an emergency rescue or person known to the public safety member to undergo member to have engaged such immunization or prophylaxis in such unsafe sexual disqualifies the member from the practices or other high- benefits of the presumption. risk behavior; or d. Record of exposures. The city shall (iv) Used intravenous drugs maintain a record of any known or not prescribed by a physi- reasonably suspected exposure of cian. an emergency rescue or public safety 2. In the case of meningococcal member in its employ to the disease meningitis, in the ten days immediately preceding described in this section and shall immediately notify the member of diagnosis the member was not such exposure. An emergency rescue CD28:17 § 28-63 CLERMONT CODE or public safety member shall file of average final compensation times years an incident or accident report with of credited service earned on and after the city of each instance of known or October 1, 2002. suspected occupational exposure to Eligibility requirements for disability benefits hepatitis infection, meningococcal are set forth in subsection (g) of this section. meningitis, or tuberculosis. e. Required medical tests; preemploy- (d) Conditions disqualifying disability benefits. ment physical. In order to be entitled Each member who is claiming disability benefits to the presumption provided by this shall establish, to the satisfaction of the board, section: that such disability was not occasioned primarily 1. An emergency rescue or public by: safety member must, prior to (1) Excessive or habitual use of any drugs, diagnosis, have undergone intoxicants or narcotics. standard, medically accept- (2) Injury or disease sustained while will - able tests for evidence of the fully and illegally participating in fights, communicable disease for which riots or civil insurrections or while com- the presumption is sought, or mitting a crime. evidence of medical conditions derived therefrom, which tests (3) Injury or disease sustained while serving fail to indicate the presence of in any branch of the armed forces. infection. This subsection does (4) Injury or disease sustained by the member not apply in the case of menin- after the member's employment as a gococcal meningitis. police officer with the city shall have 2. On or after June 15, 1995, an terminated. emergency rescue or public (5) Injury or disease sustained by the member safety member may be required while working for anyone other than the to undergo a preemployment city and arising out of such employment. physical examination that tests for and fails to reveal any (e) Physical examination requirement. A evidence of hepatitis or member shall not become eligible for disability tuberculosis. benefits until and unless the member undergoes (c) Benefits not -in -line of duty. Any member a physical examination by a qualified physician with ten years or more credited service who shall or physicians and/or surgeon or surgeons, who become totally and permanently disabled to the shall be selected by the board for that purpose. extent that the member is unable, by reason of a The board shall not select the members treating medically determinable physical or mental impair- physician or surgeon for this purpose except in an unusual case where the board determines ment, to render useful and efficient service as a that it would be reasonable and prudent to do so. police officer, which disability is not directly caused by the performance of the member's (1) Any retiree receiving disability benefits duties as a police officer shall, upon establishing under provisions of this article may be the same to the satisfaction of the board, be required by the board to submit sworn entitled to a monthly pension equal to the greater statements of the retiree's condition of accompanied by a physician's statement (1) The member's accumulated contribu- (provided at the retiree's expense) to the tions at five percent interest; or board annually and may be required by the board to undergo additional periodic (2) 2Y4 percent of average final compensa- tion times years of credited service earned re-examinations by a qualified physician or physicians and/or surgeon or surgeons prior to October 1, 2002, plus three percent who shall be selected by the board, to CD28:18 PENSIONS AND RETIREMENT § 28-63 0 • • determine if such disability has ceased to exist. If the board finds that the retiree is no longer permanently and totally disabled to the extent that the retiree is unable to render useful and efficient service as a police officer, the board shall recommend to the city that the retiree be returned to performance of duty as a police officer, and the retiree so returned shall enjoy the same rights that the retiree had at the time the retiree was placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the order within 30 days from the issuance thereof, the retiree shall forfeit the right to the retiree's pension. (2) The cost of the physical examination and/or re-examination of the member claiming or the retiree receiving dis- ability benefits shall be borne by the fund. All other reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the fund. (3) If the retiree recovers from disability and reenters the service of the city as a police officer, the retiree's service will be deemed to have been continuous, but the period beginning with the first month for which the retiree received a disability retire- ment income payment and ending with the date the retiree reentered the service of the city will not be considered as credited service for the purposes of the system. (4) The board shall have the power and authority to make the final decisions regarding all disability claims. ment, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: (1) If the retiree recovers from the disability, the payment due next preceding the date of such recovery; or (2) If the retiree dies without recovering from disability, the payment due next preceding the retiree's death or the 120th monthly payment, whichever is later; provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in section 28-65(a)(1) or (2), which shall be the actuarial equivalent of the normal form of benefit. (g) Eligibility for disability benefits. (1) Subject to subsection (g)(2) of this sec- tion, only active members of the system on the date the board determines entitle- ment to a disability benefit are eligible for disability benefits. a. Terminated persons, either vested or non -vested, are not eligible for disability benefits. b. If a member voluntarily terminates the member's employment, either before or after filing an application for disability benefits, the member is not eligible for disability benefits. C. If a member is terminated by the city for any reason other than for medical reasons, either before or after the member files an applica- tion for disability benefits, the member is not eligible for disability benefits. (f) Disability payments. The monthly benefit (2) The only exception to subsection (g)(1)a to which a member is entitled in the event of the of this section is: member's disability retirement shall be payable a. If the member is terminated by the on the first day of the first month after the board city for medical reasons and the determines such entitlement. However, the member has already applied for dis- monthly retirement income shall be payable as ability benefits before the medical of the date the board determined such entitle- termination; or CD28:19 § 28-63 CLERMONT CODE b. If the member is terminated by the city for medical reasons and the member applies within 30 days after the medical termination date. If either subsection (g)(2)a or b of this section applies, the member's application will be processed and fully considered by the board. (h) Workers' compensation. When a retiree is receiving a disability pension and workers' compensation benefits pursuant to F.S. ch. 440, for the same disability, and the total monthly benefits received from both exceed 100 percent of the member's average monthly wage, as defined in F.S. ch. 440, the disability pension benefit shall be reduced so that the total monthly amount received by the retiree does not exceed 100 percent of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten years certain by dividing the lump sum amount by 83.9692. Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the greater of 42 percent of average final compensation or two and three-quarters percent of average final compensation times years of credited service. (Code 2008, § 46-58; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-64. Vesting. If a member terminates the member's employ- ment as a police officer, either voluntarily or by discharge, and is not eligible for any other benefits under this system, the member shall be entitled to the following: (1) If the member has less than five years credited service upon termination, the member shall be entitled to a refund of the member's accumulated contribu- tions, or the member may leave it deposited with the fund. (3) (2) If the member has more than five, but less than ten years of credited service (4) upon termination, the member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the member's credited service, aver- age final compensation and the benefit accrual rate as of the date of termina- tion, payable to the member commencing at the member's otherwise normal or early retirement date, based on the member's actual years of credited service, provided the member does not elect to withdraw the member's accumulated contributions and provided the member survives to the member's otherwise normal or early retirement date in accordance with the following schedule: Years of Service Vested Percentage 5 50 6 60 7 70 8 1 80 9 1 90 For purposes of this section only, a member may start drawing vested accrued benefit at age 55 years. An early retirement deduction will be based on the years between age 55 years and the member's early retirement date. If the member has more than ten years of credited service upon termination, the member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the member's credited service, average final compensa- tion and the benefit accrual rate as of the date of termination, payable to the member commencing at the member's otherwise normal or early retirement date, based upon the member's actual years of credited service, provided the member does not elect to withdraw the member's accumulated contributions and provided the member survives to the member's otherwise normal or early retire- ment date. If the member does not withdraw the member's accumulated contributions and does not survive to the member's otherwise normal or early retirement date, the member's designated beneficiary shall be �J CD28:20 PENSIONS AND RETIREMENT § 28-65 0 entitled to a benefit as provided herein for a deceased member, vested or eligible for retirement under pre -retirement death. (Code 2008, § 46-59; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-65. Optional forms of benefits. (a) In lieu of the amount and form of retire- ment income payable in the event of normal or early retirement as specified herein, a member, upon written request to the board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: (1) A retirement income of a monthly amount payable to the retiree for the retiree's lifetime only. (2) a. A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, 100 percent, 75 percent, 662/3 percent or 50 percent of such monthly amount payable to a joint pensioner for the retiree's lifetime. b. Except where the retiree's joint pensioner is the retiree's spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury Regulations. (See Q&A-2 of section 1.401(a)(9)-6.) (3) If a member retires prior to the time at which social security benefits are pay- able, the member may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the system, based upon the social security law in effect at the time of is the member's retirement. (4) For members who do not participate in the DROP pursuant to section 28-85, the member may elect a percentage of benefit in a lump sum as follows: a. Five percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 95 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. b. Ten percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 90 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. C. 15 percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 85 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. d. 20 percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 80 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. (b) The member, upon electing any option of this section, will designate the joint pensioner (subsection (a)(2) of this section) or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the system in the event of member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. A member may change the member's beneficiary at any time. If a member has elected an option with a joint pensioner and member's retirement income benefits have commenced, member may thereafter change the member's designated beneficiary at any time, but may only change the member's joint pensioner twice. Subject to the restriction in the previous sentence, a member may substitute a new joint pensioner for a deceased joint pensioner. In the absence of proof of good health CD28:21 § 28-65 CLERMONT CODE of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. (c) The consent of a member's or retiree's joint pensioner or beneficiary to any such change shall not be required. The rights of all previously designated beneficiaries'to receive benefits under the system shall thereupon cease. (d) Upon change of a retiree's joint pensioner in accordance with this section, the amount of the retirement income payable to the retiree shall be actuarially redetermined to take into account the age of the former joint pensioner, the new joint pensioner and the retiree and to ensure that the benefit paid is the actuarial equivalent of the present value of the retiree's then -current benefit at the time of the change. Any such retiree shall pay the actuarial recalcula- tion expenses. Each request for a change will be made in writing on a form prepared by the board and on completion will be filed with the board. In the event that no designated beneficiary survives the retiree, such benefits as are payable in the event of the death of the retiree subsequent to the retiree's retirement shall be paid as provided in section 28-66. (e) Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: (1) If a member dies prior to the member's normal retirement date or early retire- ment date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under section 28-62. (2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the system, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the member upon the member's retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the member prior to retirement. (3) If both the retiree and the beneficiary (or beneficiaries) designated by member or retiree die before the full payment has been affected under any option providing for payments for a period certain and life thereafter, made pursuant to the provi- sions of subsection (a) of this section, the board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with section 28-66. (4) If a member continues beyond the member's normal retirement date pursu- ant to the provisions of section 28-61(a), and dies prior to the member's actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary designated by the member in the amount or amounts computed as if the member had retired under the option on the date on which the member's death occurred. (5) The member's benefit under this section must begin to be distributed to the member no later than the member's required beginning date, as provided under section 28-71. M A retiree may not change a retirement option after the date of cashing or depositing the retiree's first retirement check. (g) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of the monthly income pay- ments to be paid do not exceed $1,000.00. Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the • • • CD28:22 PENSIONS AND RETIREMENT § 28-70 0 • system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. (Code 2008, § 46-60; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-66. Beneficiaries. (a) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of the member or retiree's death. Each designation may be revoked or changed by such member or retiree by signing and filing with the board a new designation -of - beneficiary form. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the system shall cease. (b) If a deceased member or retiree failed to name a beneficiary in the manner prescribed in subsection (a) of this section, or if the beneficiary named by a deceased member or retiree predeceases the member or retiree, the death benefit, if any, which may be payable under the system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree and the board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. (c) Any payment made to any person pursu- ant to this section shall operate as a complete discharge of all obligations under the system with regard to the deceased member and any other persons with rights under the system and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. (Code 2008, § 46-61; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-67. Claims procedures. (a) The board shall establish administrative claims procedures to be utilized in processing written requests (claims), on matters which affect the substantial rights of any person ("claimant"), including members, retirees, beneficiaries, or any person affected by a decision of the board. (b) The board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the board's claims procedures. The claimant may request in writing the issuance of subpoenas by the board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in state statutes. (Code 2008, § 46-62; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-68. Reports to division of retire- ment. Each year and no later than March 15, the board shall file an annual report with the divi- sion of retirement containing the documents and information required by F.S. § 185.221. (Code 2008, § 46-63; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-69. Roster of retirees. The secretary of the board shall keep a record of all persons enjoying a pension under the provisions of this article in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Addition- ally, the secretary shall keep a record of all members in such a manner as to show the name, address, date of employment and date of termina- tion of employment. (Code 2008, § 46-64; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-70. Maximum pension. (a) Basic limitation. (1) Notwithstanding any other provisions of this system to the contrary, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be neces- sary to conform to the requirements of code section 415 for a qualified retire- ment plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in code section 415(b), subject to the applicable adjustments in that section. CD28:23 § 28-70 CLERMONT CODE On and after January 1, 1995, a plan ing at the same annuity starting member may not receive an annual benefit date as the form of benefit to the that exceeds the dollar amount specified member, or in code section 415(b)(1)(A) ($160,000.00), b. The annual amount of the straight subject to the applicable adjustments in life annuity commencing at the same code section 415(b) and subject to any annuity starting date that has the additional limits that may be specified in same actuarial present value as the this system. For purposes of this section, form of benefit payable to the the term "limitation year" means the member, computed using a five calendar year. percent interest assumption (or the (2) For purposes of code section 415(b), the applicable statutory interest assump- term "annual benefit" means a benefit tion); and payable annually in the form of a straight 1. For years prior to January 1, life annuity (with no ancillary benefits) 2009, the applicable mortality without regard to the benefit attribut- tables described in Treasury able to after-tax employee contributions Regulations section 1.417(e)- (except pursuant to code section 415(n) 1(d)(2) (revenue ruling 2001-62 and to rollover contributions (as defined or any subsequent revenue in code section 415(b)(2)(A)). The benefit ruling modifying the applicable attributable shall be determined in provisions of revenue rulings accordance with Treasury Regulations. 2001-62); and 2. For years after December 31, (b) Adjustments to basic limitation for form of 2008, the applicable mortality benefit. If the benefit under the plan is other tables described in section than the annual benefit described in subsection 417(e)(3)(B) of the code (Notice (a) of this section, then the benefit shall be 2008-85 or any subsequent adjusted so that it is the equivalent of the Internal Revenue Service guid- annual benefit, using factors prescribed in ance implementing section Treasury Regulations. If the form of the benefit 417(e)(3)(B) of the code); or without regard to any automatic benefit increase (2) For a benefit paid in a form to which feature is not a straight life annuity or a quali- fled joint and survivor annuity, then the preced- section 417(e)(3) of the code applies (gener- ing sentence is applied by either reducing the ally, a lump sum benefit), the actuarially code section 415(b) limit applicable at the annu- equivalent straight life annuit y benefit ity starting date or adjusting the form of benefit that is the greatest of to an actuarially equivalent amount (determined a. The annual amount of the straight using the assumptions specified in Treasury life annuity commencing at the annu- Regulations section 1.415(b)-1(c)(2)(ii)) that takes ity starting date that has the same into account the additional benefits under the actuarial present value as the form of benefit as follows: particular form of benefit payable, computed using the interest rate (1) For a benefit paid in a form to which and mortality table, or tabular factor, section 417(e)(3) of the code does not specified in the plan for actuarial apply (generally, a monthly benefit), the experience; actuarially equivalent straight life annu- ity benefit that is the greater of: b. The annual amount of the straight life annuity commencing at the annu- a. The annual amount of the straight ity starting date that has the same life annuity (if any) payable to the actuarial present value as the member under the plan commenc- particular form of benefit payable, �J • is CD28:24 PENSIONS AND RETIREMENT § 28-70 0 • • computed using a 5Y2 percent inter- est assumption (or the applicable statutory interest assumption); and 1. For years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulations section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provi- sions of Revenue Ruling 2001- 62); and 2. For years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guid- ance implementing section 417(e)(3)(B) of the code); or C. The annual amount of the straight life annuity commencing at the annu- ity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable inter- est rate for the distribution under Treasury Regulation section 1.417(e)- 1(d)(3) (the 30-year treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after Janu- ary 1, 2007, using the rate in effect for the first day of the plan year with a one-year stabilization period)) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulations section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modify- ing the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code), divided by 1.05; (3) The actuary may adjust the section 415(b) limit at the annuity starting date in accordance with subsections (b)(1) and (2) of this section. (c) Benefits not taken into account. For purposes of this section, the following benefits shall not be taken into account in applying these limits: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under section 415(b)(2) of the code and regula- tions thereunder to be taken into account for purposes of the limitation of code section 415(b)(1)); and (3) That portion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity. (d) COLA effect. Effective on and after Janu- ary 1, 2003, for purposes of applying the limits under code section 415(b) (the limit), the follow- ing will apply: (1) A member's applicable limit will be applied to the member's annual benefit in the member's first limitation year of benefit payments without regard to any automatic cost of living adjustments; (2) Thereafter, in any subsequent limitation year, a member's annual benefit, includ- ing any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the code section 415(b)(1)(A) dollar limit under code section 415(d), and the regula- tions thereunder; but (3) In no event shall a member's benefit payable under the system in any limita- tion year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursu- ant to code section 415(d) and the regula- tions thereunder. CD28:25 § 28-70 CLERMONT CODE Unless otherwise specified in the system, for purposes of applying the limits under code sec- tion 415(b), a member's applicable limit will be applied taking into consideration cost of living increases as required by section 415(b) of the code and applicable Treasury Regulations. (e) Other adjustments in limitations. (1) In the event the member's retirement benefits become payable before age 62 years, the limit prescribed by this section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of code section 415(b) of the code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a $160,000.00 annual benefit beginning at age 62 years. (2) In the event the member's benefit is based on at least 15 years of credited service as a full-time employee of the fire or police department of the city, the adjustments provided for in subsection (e)(1) of this section shall not apply. (3) The reductions provided for in subsection (e)(1) of this section shall not be applicable to disability benefits pursuant to section 28-63, or pre -retirement death benefits paid pursuant to section 28-62. (4) In the event the member's retirement benefit becomes payable after age 65 years, for purposes of determining whether this benefit meets the limit set forth in subsection (a) of this section, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at the age of 65 years. This adjustment shall be made in accordance with regula- tions promulgated by the secretary of the treasury or delegate. (f) Less than ten years of participation. The maximum retirement benefits payable under this section to any member who has completed less than ten years of participation shall be the amount determined under subsection (a) of this section multiplied by a fraction, the numerator of which is the number of the member's years of participation and the denominator of which is ten. The reduction provided by this subsection cannot reduce the maximum benefit below ten percent of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre - retirement disability benefits paid pursuant to section 28-63, or pre -retirement death benefits paid pursuant to section 28-62. (g) Participation in other defined benefit plans. The limit of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in code section 4140) maintained by the city shall apply as if the total benefits payable under all city defined benefit plans in which the member has been a member were payable from one plan. (h) .$10,000.00 limit; less than ten years of service. Notwithstanding anything in this sec- tion 28-70, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the city contributes, do not exceed $10,000.00 for the applicable limitation year and for any prior limitation year and the city has not any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten years of credited service with the city, the limit under this subsection shall be a reduced limit equal to $10,000.00 multiplied by a frac- tion, the numerator of which is the number of the member's years of credited service and the denominator of which is ten. (i) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating • • CD28:26 PENSIONS AND RETIREMENT § 28-70 0 excess forfeitures for defined contribution plans in which the member participated, such reduc- tion to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administra- tor for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. 0) Service credit purchase limits. (1) Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a member makes one or more contribu- tions to purchase permissive service credit under the system, as allowed in sections 28-80 and 28-81, then the requirements of this section will be treated as met only if. a. The requirements of code section 415(b) are met, determined by treat- ing the accrued benefit derived from 40 all such contributions as an annual benefit for purposes of code section 415(b); or b. The requirements of code section 415(c) are met, determined by treat- ing all such contributions as annual additions for purposes of code sec- tion 415(c). For purposes of applying subsection 0)(1)a of this section, the system will not fail to meet the reduced limit under code sec- tion 415(b)(2)(C) solely by reason of this subsection, and for purposes of applying subsection 0)(1)b of this section, the system will not fail to meet the percent- age limitation under section 415(c)(1)(B) of the code solely by reason of this subsec- tion. (2) For purposes of this subsection, the term "permissive service credit" means service credit: a. Recognized by the system for purposes of calculating a member's benefit under the plan; b. Which such member has not received under the plan; and C. Which such member may receive only by making a voluntary additional contribution, in an amount determined under the system, which does not exceed the amount neces- sary to fund the benefit attributable to such service credit. Effective for permissive service credit contribu- tions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding subsection 0)(2)b of this section, may include service credited in order to provide an increased benefit for service credit which a member is receiving under the system. (k) Contribution limits. (1) For purposes of applying the code section 415(c) limits which are incorporated by reference and for purposes of this subsec- tion (k), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a limita- tion year, except as noted below and as permitted by Treasury Regulations sec- tion 1.415(c)-2, or successor regulations. Unless another definition of compensa- tion that is permitted by Treasury Regula- tions section 1.415(c)-2, or successor regulation, is specified by the system, compensation will be defined as wages within the meaning of code section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under code sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under code section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in code section 3401(a)(2). a. However, for limitation years begin- ning after December 31, 1997, CD28:27 § 28-70 CLERMONT CODE compensation will also include and compensation that would amounts that would otherwise be otherwise be included under this included in compensation but for an definition. election under code section 125(a), (2) Notwithstanding any other provision of 402(e)(3), 402(h)(1)(B), 402(k), or law to the contrary, the board may modify 457(b). For limitation years begin- a request by a member to make a contribu- ning after December 31, 2000, tion to the system if the amount of the compensation will also include any contribution would exceed the limits elective amounts that are not includ- provided in code section 415 by using the ible in the gross income of the following methods: employee by reason of code section 132(f)(4). a. If the law requires a lump sum b. For limitation years beginning on payment for the purchase of service and after January 1, 2007, compensa- credit, the board may establish a tion for the limitation year will also periodic payment deduction plan for include compensation paid by the the member to avoid a contribution later of 22 months after an in excess of the limits under code employee's severance from employ- section 415(c) or 415(n). ment or the end of the limitation b. If payment pursuant to subsection year that includes the date of the (k)(2)a of this section will not avoid employee's severance from employ- a contribution in excess of the limits ment if: imposed by code section 415(c), the 1. The payment is regular board may either reduce the compensation for services member's contribution to an amount during the employee's regular within the limits of that section or working hours, or compensa- refuse the member's contribution. tion for services outside the (3) If the annual additions for any member employee's regular working for a limitation year exceed the limita- hours (such as overtime or shift tion under section 415(c) of the code, the differential), commissions, excess annual addition will be corrected bonuses or other similar pay- as permitted under the Employee Plans ments, and, absent a sever- Compliance Resolution System (or similar ance from employment, the IRS correction program). payments would have been paid (4) For limitation years beginning on or after to the employee while the employee continued in employ- employee January 1, 2009, a member's compensa- with the employer; or tion for purposes of this subsection (k) shall not exceed the annual limit under 2. The payment is for unused section 401(a)(17) of the code. accrued bona fide sick, vaca- tion or other leave that the (1) Additional limitation on pension benefits. employee would have been able Notwithstanding anything herein to the contrary: to use if employment had (1) The normal retirement benefit or pen - continued. sion payable to a retiree who becomes a C. Back pay, within the meaning of member of the system and who has not Treasury Regulations section previously participated in such system, 1.415(c)-2(g)(8), shall be treated as on or after January 1, 1980, shall not compensation for the limitation year to which the back pay relates to the exceed 100 percent of the retiree's aver - age final compensation. However, noth- extent the back pay represents wages ing contained in this section shall apply CD28:28 PENSIONS AND RETIREMENT § 28-71 0. • to supplemental retirement benefits or to pension increases attributable to cost -of - living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restric- tion does not apply to social security benefits or federal benefits under chapter 1223, title 10, U.S. Code. (m) Effect of direct rollover on 415(b) limit. If the plan accepts a direct rollover of an employee's or former employee's benefit from a defined contribution plan qualified under code section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more favorable actuarial basis than required under code section 417(e) shall be included in the annual benefit for purposes of the limit under code section 415(b). (Code 2008, § 46-65; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-71. Minimum distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpreta- tion of the requirements of code section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of code section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determin- ing required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this sec- tion will take precedence over any inconsistent provisions of the plan. (3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this section other than this subsection (a)(3), distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibil- ity Act (TEFRA) and the provisions of the plan that related to section 242(b)(2) of TEFRA. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required begin- ning date. a. For a member who attains age 70V2 years prior to January 1, 2020, the member's required beginning date is April 1 of the calendar year fol- lowing the later of: 1. The calendar year in which the member attains age 70V2 years; or 2. The calendar year in which the member terminates employ- ment with the city. b. For a member who attains age 70Y2 years on or after January 1, 2020, the member's required beginning date is April 1 of the calendar year following the later of: 1. The calendar year in which the member attains age 72 years; or 2. The calendar year in which the member terminates employ- ment with the city. (2) Death of member before distributions begin. If the member dies before distribu- tions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by CD28:29 § 28-71 CLERMONT CODE December 31 of the calendar year section), the date distributions are immediately following the calendar considered to begin is the date distribu- year in which the member died, or tions actually commence. by a date on or before December 31 (3) Death after distributions begin. If the of the calendar year in which the member dies after the required distribu- member would have attained age tion of benefits has begun, the remaining 701/2 years, (or age 72 for a member portion of the member's interest must be who would have attained age 701/2 distributed at least as rapidly as under after December 31, 2019) if later, as the method of distribution before the the surviving spouse elects. member's death. b. If the member's surviving spouse is (4) Form of distribution. Unless the member's not the member's sole designated interest is distributed in the form of an beneficiary, then, distributions to annuity purchased from an insurance the designated beneficiary will begin company or in a single sum on or before by December 31 of the calendar the required beginning date, as of the year immediately following the first distribution calendar year distribu- calendar year in which the member tions will be made in accordance with died. this section. If the member's interest is C. If there is no designated beneficiary distributed in the form of an annuity as of September 30 of the year purchased from an insurance company, following the year of the member's distributions thereunder will be made in death, the member's entire interest accordance with the requirements of sec - will be distributed by December 31 tion 401(a)(9) of the code and Treasury of the calendar year containing the Regulations. Any part of the member's fifth anniversary of the member's interest which is in the form of an death. individual account described in section 414(k) of the code will be distributed in a d. If the member's surviving spouse is manner satisfying the requirements of the member's sole designated section 401(a)(9) of the code and Treasury beneficiary and the surviving spouse Regulations that apply to individual dies after the member but before accounts. distributions to the surviving spouse (c) Determination of amount to be distributed begin, this subsection (b)(2), other each year. than subsection (b)(2)a of this sec- tion, will apply as if the surviving (1) General requirements. If the member's spouse were the member. interest is paid in the form of annuity distributions under the plan, payments For purposes of this subsection (b)(2), under the annuity will satisfy the follow - distributions are considered to begin on ing requirements: the member's required beginning date or, a. The annuity distributions will be if subsection (b)(2)d of this section applies, paid in periodic payments made at the date of distributions are required to intervals not longer than one year. begin to the surviving spouse under subsection (b)(2)a of this section. If annu- b. The member's entire interest must ity payments irrevocably commence to be distributed pursuant to section the member before the member's required 28-61, 28-62, 28-64, or 28-65 (as beginning date (or to the member's surviv- applicable) and in any event over a ing spouse before the date distributions period equal to or less than the are required to begin to the surviving member's life or the lives of the spouse under subsection (b)(2)a of this member and a designated CD28:30 PENSIONS AND RETIREMENT § 28-72 0 • • beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. (2) Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under section 28-62) is the pay- ment that is required for one payment interval. The second payment need not be made until the end of the next pay- ment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. (3) Additional accruals after first distribu- tion calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of code section 401(a)(9)(G), and effective for any annuity commencing on or -after January 1, 2008, the minimum distribu- tion incidental benefit rule under Treasury Regulations section 1.401(a)(9)-6, Q&A-2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in code section 401(a)(9)(G) and Treasury Regulations section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25 percent of the cost for all of the members' benefits received from the retirement system. (e) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Designated beneficiary means the individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a)(9) of the code and section 1.401(a)(9)-1, Q&A-4, of the Treasury Regula- tions. Distribution calendar year means a calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the member's required begin- ning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to section 28-62. (Code 2008, § 46-66; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-72. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. CD28:31 § 28-72 CLERMONT CODE (b) No reduction of accrued benefits. No amend- ment or ordinance shall be adopted by the city council of the city which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the code for a qualified plan under code section 401(a) and a governmental plan under code section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of the code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (d) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. (e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by code section 503(b). M USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by code section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of the term "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting. (1) Member will be 100 percent vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and (2) A member will be 100 percent vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. (h) Electronic forms. In those circumstances where a written election or consent is not required by the plan or the code, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treasury Regulations section 1.401(a)-21. (i) Compliance with F.S. ch. 185. It is intended that the system will continue to qualify for funding under state statutes determined based upon actual years of credited service. Accord- ingly, unless otherwise required by law, any provision of the system which violates the require- ments of F.S. ch. 185, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. 0) Missing benefit recipients. The system shall follow the procedures outlined in the IRS Employee Plans Compliance Resolution System (EPCRS) Program and other applicable IRS guid- ance to locate any missing individuals to whom a full unreduced benefit payment is due and if, at the conclusion of such efforts, the individual cannot be located, the existing procedure of cancelling payments otherwise due (provided that, if the individual is later located, the benefits due shall be paid) will apply. (Code 2008, § 46-67; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-73. Repeal or termination of system. (a) This article establishing the system and fund, and subsequent ordinances pertaining to said system and fund, may be modified, terminated, or amended, in whole or in part, provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the member or beneficiary shall not be affected thereby. �J • • CD28:32 PENSIONS AND RETIREMENT § 28-74 0 (b) If this article shall be repealed, or if contributions to the system are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in F.S. ch. 121, the board shall continue to administer the system in accordance with the provisions of this article, for the sole benefit of the then members, any beneficiaries then receiv- ing retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this article who are designated by any of said members. In the event of repeal, discontinuance of contributions, or transfer, merger or consolidation of government units, services or functions, there shall be full vesting 100 percent of benefits accrued to date of repeal and such benefits shall be nonforfeitable. (c) The fund shall be distributed in accordance with the following procedures: (1) (2) (3) • The board shall determine the date of distribution and the asset value required to fund all the nonforfeitable benefits after taking into account the expenses of such distribution. The board shall inform the city if additional assets are required, in which event the city shall continue to financially support the plan until all nonforfeitable benefits have been funded. The board shall determine the method of distribution of the asset value, whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each police officer entitled to benefits under the plan as specified in subsection (c)(3) of this section. The board shall distribute the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount required to provide any given retirement income is the actuarially computed single -sum value of such retirement income, except that if the method of distribution determined under subsection (c)(2) of this section involves the purchase of an insured annu- ity, the amount required to provide the given retirement income is the single premium payable for such annuity. The actuarial single -sum value may not be less than the police officer's accumulated contributions to the plan, with interest if provided by the plan, less the value of any plan benefits previously paid to the police officer. (4) If there is asset value remaining after the full distribution specified in subsec- tion (c)(3) of this section, and after the payment of any expenses incurred with such distribution, such excess shall be returned to the city, less return to the state of the state's contributions, provided that, if the excess is less than the total contributions made by the city and the state to date of termination of the plan, such excess shall be divided proportionately to the total contributions made by the city and the state. (5) The board shall distribute, in accordance with subsection (c)(2) of this section, the amounts determined under subsection (c)(3) of this section. If, after 24 months after the date the plan terminated or the date the board received writ- ten notice that the contributions thereunder were being permanently discontinued, the city or the board of the fund affected has not complied with all the provisions in this section, the state department of management services will affect the termination of the fund in accordance with this section. (Code 2008, § 46-68; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-74. Domestic relations orders; retiree directed payments; exemption from execution, non -assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic rela- tions order which affects or purports to affect the system's responsibility in con- nection with the payment of benefits of a retiree, the member or retiree shall submit CD28:33 § 28-74 CLERMONT CODE the proposed order to the board for review to determine whether the system may legally honor the order. (2) If a domestic relations order is not submit- ted to the board for review prior to entry of the order, and the system is ordered to take action that it may not legally take, and the system expends administrative or legal fees in resolving the matter, the member or retiree who submits such an order will be required to reimburse the system for its expenses in connection with the order. (b) Retiree directed payments. The board may, upon written request by a retiree or by a dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the city, to pay the certified bargaining agent of the city, to make payment to insurance companies for insurance premiums as permitted by F.S. ch. 185 and to make any payments for child support or alimony. (c) Exemption from execution, non -assignabil- ity. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this article and the accumulated contributions and the cash securities in the fund created under this article are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassign- able. (Code 2008, § 46-69; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-75. Pension validity. The board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this article if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this article be erroneously, improperly or illegally classified. Any overpayments or underpayments shall bey corrected and paid or repaid in a reasonable manner determined by the board. (Code 2008, § 46-70; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-76. Forfeiture of pension. (a) Any member who is convicted of the fol- lowing offenses committed prior to retirement, or whose employment is terminated by reason of the member's admitted commission, aid or abet- ment of the following specified offenses, shall forfeit all rights and benefits under this system, except for the return of the member's accumulated contributions as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft by a public officer or employee from employer; (3) Bribery in connection with the employ- ment of a public officer or employee; (4) Any felony specified in F.S. ch. 838; (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which the officer or employee acts or in which the officer or employee is employed, of the right to receive the faithful performance of duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for the officer or employee or for some other person through the use or attempted use of the power, rights, privileges, duties or position of public office or employment position; or (7) The committing on or after October 1, 2008, of any felony defined in F.S. § 800.04, �J • • CD28:34 PENSIONS AND RETIREMENT § 28-78 0 • • against a victim younger than 16 years of age, or any felony defined in F.S. ch. 794, against a victim younger than 18 years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or posi- tion of public office or employment posi- tion. (b) Conviction shall be defined as an adjudica- tion of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld, and the accused is placed on probation; or a conviction by the senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceed- ing involving the alleged commission of a speci- fied offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present case against forfeiture. (d) Any member who has received benefits from the system in excess of accumulated contribu- tions after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received in excess of accumulated contributions. The board may implement all legal action necessary to recover such funds. (Code 2008, § 46-71; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-77. Conviction and forfeiture; false, misleading or fraudulent statements. (a) It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the system. (b) In addition to any applicable criminal penalty, upon conviction for a violation described in subsection (a) of this section, a member or beneficiary of the system may, in the discretion of the board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the system. For purposes of this subsection, the term "convic- tion" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (Code 2008, § 46-72; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-78. Indemnification. (a) To the extent not covered by insurance contracts in force from time to time, the city shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litiga- tion, or threat of same, herein referred to as "claims," against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. (b) This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this section waive any provision of law affording the city immunity from any suit in whole or part or waive any other substantive or procedural rights the city may have. (c) This section shall not apply, nor shall the city be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. (Code 2008, § 46-73; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) CD28:35 § 28-79 CLERMONT CODE Sec. 28-79. Direct transfers of eligible deferred compensation plan described in rollover distributions. section 457(b) of the code which is (a) Rollover distributions. maintained by an eligible employer described in section 457(e)(1)(A) of the (1) General. This section applies to distribu- code and which agrees to separately tions made on or after January 1, 2002. account for amounts transferred into such Notwithstanding any provision of the plan from this plan; effective January 1, system to the contrary that would 2002, an annuity contract described in otherwise limit a distributee's election section 403(b) of the code; a qualified under this section, a distributee may trust described in section 401(a) of the elect, at the time and in the manner code; or effective January 1, 2008, a Roth prescribed by the board, to have any IRA described in section 408A of the portion of an eligible rollover distribu- code, that accepts the distributee's eligible tion paid directly to an eligible retire- rollover distribution. This definition shall ment plan specified by the distributee in also apply in the case of an eligible a direct rollover. rollover distribution to the surviving (2) Definitions. The following words, terms spouse. and phrases, when used in this section, Eligible rollover distribution means shall have the meanings ascribed to them any distribution of all or any portion of in this subsection, except where the the balance to the credit of the distribu- context clearly indicates a different mean- tee, except that an eligible rollover ing: distribution does not include any distribu- Direct rollover means a payment by tion that is one of a series of substantially the plan to the eligible retirement plan equal periodic payments (not less specified by the distributee. frequently than annually) made for the life (or life expectancy) of the distributee Distributee means and includes an or the joint lives (or joint life expectan- employee or former employee. It also ties) of the distributee and the distribu- includes the employee's or former tees designated beneficiary, or for a employee's surviving spouse and the specified period of ten years or more; any employee's or former employee's spouse distribution to the extent such distribu- or former spouse. Effective January 1, tion is required under section 401(a)(9) of 2007, it further includes a nonspouse the code and the portion of any distribu- beneficiary who is a designated beneficiary tion that is not includible in gross income. as defined by code section 401(a)(9)(E). Effective January 1 2002 any Portion of However, a nonspouse beneficiary may any distribution which would be includ- rollover the distribution only to an ible in gross income as after-tax employee individual retirement account or contributions will be an eligible rollover individual retirement annuity established distribution if the distribution is made to for the purpose of receiving the distribu- an individual retirement account tion and the account or annuity will be described in section 408(a); to an treated as an "inherited" individual retire- individual retirement annuity described ment account or annuity. in section 408(b); to a qualified defined Eligible retirement plan means an contribution plan described in section individual retirement account described 401(a) or 403(a) that agrees to separately in section 408(a) of the code; an individual account for amounts so transferred (and retirement annuity described in section earnings thereon), including separately 408(b) of the code; an annuity plan accounting for the portion of such distribu- described in section 403(a) of the code; tion which is includible in gross income effective January 1, 2002, an eligible and the portion of such distribution which CD28:36 PENSIONS AND RETIREMENT § 28-80 0 I • is not so includible; or on or after Janu- ary 1, 2007, to a qualified defined benefit plan described in code section 401(a) or to an annuity contract described in code section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribu- tion that is includible in gross income and the portion of the distribution that is not so includible. (b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible member requested transfers of funds from other retire- ment or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: (1) Transfers and direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribu- tion or a member contribution of an eligible rollover distribution from a quali- fied plan described in section 401(a) or 403(a) of the code, from an annuity contract described in section 403(b) of the code or from an eligible plan under section 457(b) of the code which is maintained by a state, political subdivi- sion of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. (2) Member rollover contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribu- tion from an individual retirement account or annuity described in section 408(a) or 408(b) of the code that is eligible to be rolled over. (c) Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this plan provides for a mandatory (involuntary) cash distribution from the plan not otherwise required by law, for an amount in excess of $1,000.00, such distribution shall be made from the plan only upon written request of the member and completion by the member of a written election on forms designated by the board, to either receive a cash lump sum or to rollover the lump sum amount. (Code 2008, § 46-74; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-80. Family and medical leave act. The fractional parts of the 12-month period ending each March 1 that a member is on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA) shall be added to the member's credited service, provided that: (1) The member contributes to the fund the sum that the member would have contributed, based on the member's salary and the member contribution rate in effect at the time that the credited service is requested, had the member been a member of the system for the years or fractional parts of years for which the member is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) The request for credited service for FMLA leave time for the 12-month period prior to each March 1 and payment of profes- sional fees shall be made on or before March 31. (3) Payment by the member of the required amount shall be made on or before April 30 for the preceding 12-month period ending March 1 and shall be made in one lump sum payment upon receipt of which credited service shall be issued. (4) Credited service purchased pursuant to this section shall not count toward vest- ing. (Code 2008, § 46-75; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) CD28:37 § 28-81 CLERMONT CODE Sec. 28-81. Military service prior to (4) The maximum credit under this section, employment. combined with section 28-82, prior police service, shall be five years. The years or fractional parts of years that a (5) Credited service purchased pursuant to police officer serves or has served on active duty this section shall count for all purposes, in the military service of the armed forces of the except vesting and eligibility for not -in - United States, the United States Merchant Marine line of duty disability benefits. or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable (6) In lieu of the lump sum payment provided conditions, prior to first and initial employment for in subsection (3) of this section, a with the city police department shall be added to member may elect to make payments the officer's years of credited service, provided over a period of time in order to fully pay that: the amount provided for in subsection (1) of this section. The member shall be (1) The member contributes to the fund the required to notify the board, in writing, sum that the member would have of the member's election to make pay - contributed, based on the member's salary ments in the manner provided for in this and the member contribution rate in subsection. The payment plan provided effect at the time that the credited service for in this subsection shall be subject to is requested, had the member been a the following terms: member of the system for the years or fractional parts of years for which the a. The principal amount to be paid member is requesting credit plus amounts shall be determined as set forth in actuarially determined such that the subsection (1) of this section. crediting of service does not result in any b. The original principal amount shall cost to the fund plus payment of costs for be amortized over the period begin - all professional services rendered to the ning with the first payment and board in connection with the purchase of ending no later than 60 months years of credited service. from the date of the first payment (2) Multiple requests to purchase credited and shall be reamortized annually service pursuant to this section may be to reflect changes in the interest rate provided for in subsection (6)c made at any time prior to retirement. of this section. (3) Payment by the member of the required C. Payments shall consist of principal amount shall be made within six months and interest at a rate equal to the of the member's request for credit, but actuarially assumed rate of return not later than the retirement date, and on plan investments. shall be made in one lump sum payment d. Payments shall be made by payroll upon receipt of which credited service deduction from each paycheck on an shall be given or the member may elect to after-tax basis. make payment for the requested credited service over a period of time as provided e. In the event that a member dies, for in subsection (6) of this section. Vested retires (including entry into any members may use their share account deferred retirement option plan balance to purchase this permissive (DROP)) or otherwise terminates service as provided for in section 28-84(12). the member's employment, without The transfer of these share account funds having made full payment of the does not convert the share account funds principal amount necessary to to employee contributions under this receive all credited service requested, system. the member shall receive so much of • • PENSIONS AND RETIREMENT § 28-82 0 • • the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of the member's death or termination of employment. f. In the event that the member's employment is terminated for any reason and the member is not entitled to any benefit from the system other than the return of the amounts the member has had deducted from the member's paycheck as a normal contribution to the system, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to the member, including all interest paid; however, no inter- est shall accrue on amounts paid to purchase service. (Code 2008, § 46-76; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-82. Prior police service. Unless otherwise prohibited by law, and except as provided for in section 28-56, the years or fractional parts of years that a member previ- ously served as a full-time police officer with the city during a period of previous employment and for which period accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a member served as a full-time police officer for any other municipal, county or state law enforcement department in the state shall be added to the member's years of credited service, provided that: (1) The member contributes to the fund the sum that the member would have contributed, based on the member's salary and the member contribution rate in effect at the time that the credited service is requested, had the member been a member of the system for the years or fractional parts of years for which the member is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the police officer of the required amount shall be made within six months of the officer's request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given, or the member may elect to make payment for the requested credited service over a period of time as provided for in subsection (7) of this section. Vested members may use their share account balance to purchase this permissive service as provided for in section 28-84(2)a of this system. The transfer of these share account funds does not convert the share account funds to employee contributions under this system. (4) The maximum credit under this section for service other than with the city, combined with section 28-81, prior military service, shall be five years of credited service and shall count for all purposes, except vesting and eligibility for not -in -line of duty disability benefits. There shall be no maximum purchase of credit for prior service with the city and such credit shall count for all purposes, including vesting. (5) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement depart- ment, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retire- ment system or plan as set forth in section 28-700)(2). (6) For purposes of determining credit for prior service as a police officer as provided CD28:39 § 28-82 CLERMONT CODE for in this section, in addition to service as a police officer in this state, credit may be purchased by the member in the same manner as provided above for federal, other state, county or municipal service if the prior service is recognized by the criminal justice standards and training commission within the department of law enforcement, as provided under F.S. ch. 943 or the police officer provides proof to the board that such service is equivalent to the service required to meet the definition of a police officer under section 28-56. (7) In lieu of the lump sum payment provided for in subsection (3) of this section, a member may elect to make payments over a period of time in order to fully pay the amount provided for in subsection (1) of this section. The member shall be required to notify the board, in writing, of the member's election to make pay- ments in the manner provided for in this subsection. The payment plan provided for in this subsection shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in subsection (1) of this section. b. The original principal amount shall be amortized over the period begin- ning with the first payment and ending no later than 60 months from the date of the first payment and shall be reamortized annually to reflect changes in the interest rate provided for in subsection Mc of this section. C. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into any deferred retirement option plan (DROP)) or otherwise terminates the member's employment, without having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of death or termination of employment. f. In the event that the member's employment is terminated for any reason and the member is not entitled to any benefit from the system other than the return of the amounts the member has had deducted from the member's paycheck as a normal contribution to the system, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to the member, including all interest paid; however, no inter- est shall accrue on amounts paid to purchase service. (Code 2008, § 46-77; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-83. Reemployment after retire- ment (a) Benefits not affected. Any retiree who is retired under this article may be reemployed by any public or private employer and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this system. Notwithstand- ing the previous sentence, reemployment by the city shall be subject to the limitations set forth in this section. (b) After normal retirement. (1) Any retiree who is retired under normal retirement pursuant to this system and who is reemployed as a police officer after that retirement and, by virtue of • �J CD28:40 PENSIONS AND RETIREMENT § 28-83 0 • �J that reemployment, is eligible to participate in this system, shall upon being reemployed discontinue receipt of benefits. Upon reemployment, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retire- ment to determine the total benefit pay- able upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, average final compensation, and credited service as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employ- ment period), and credited service as of the date of subsequent retirement. The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employ- ment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. (2) Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the city after that retirement and, by virtue of that reemploy- ment is ineligible to participate in this system, shall, during the period of such reemployment, continue receipt of benefits during any subsequent employment period. (c) After early retirement. Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity shall discontinue receipt of benefits from the system. If by virtue of that reemployment, the retiree is eligible to participate in this system, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retire- ment shall be based upon the benefit accrual rate, average final compensation, credited service and early retirement reduction factor as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employment period), and credited service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retire- ment shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. Retirement pursuant to an early retirement incentive program shall be deemed early retire- ment for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the system at the time of retirement. (d) After disability retirement. (1) Subject to subsection (e)(2) of this sec- tion, any retiree who is retired under section 28-63(e), related to a physical examination, may be reemployed by any public or private employer, and may receive compensation from that employ- ment without limiting or restricting in any way, the retirement benefits payable under this system. CD28:41 § 28-83 CLERMONT CODE (2) Any disability retiree who subsequently becomes an employee of the city in any capacity, except as a police officer, shall discontinue receipt of disability benefits from the system for the period of any such employment. (3) If a disability retiree is reemployed as a police officer for the city, the retiree's disability benefit shall cease, and section 28-63 shall apply. (e) Reemployment of terminated vested persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provi- sions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (f) DROP participants. Retirees who were in the deferred retirement option plan shall, follow- ing termination of employment after DROP participation, have the options provided for in this section for reemployment. (Code 2008, § 46-78; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-84. Supplemental benefit component for special benefits; chapter 185 share accounts. There was established, effective January 26, 2016, an additional plan component to provide special benefits in the form of a supplemental retirement, termination, death and disability benefit to be in addition to the benefits provided for in the previous sections of this plan, such benefit to be funded solely and entirely by F.S. ch. 185, premium tax monies for each plan year which are allocated to this supplemental component as provided for in F.S. § 185.35. Effective January 26, 2016, the city shall use 100 percent of all future F.S. ch. 185 annual distribu- tions up to the amount received in the 2012 calendar year ($211,000.00) and 50 percent of any future annual amount in excess of the 2012 calendar year distribution to fund the normal cost of the pension plan. The remaining 50 percent of any future annual amounts in excess of the 2012 calendar year distribution shall be allocated to this supplemental component (share plan), and shall be further allocated to the members and DROP participants as follows: (1) Individual member share accounts. The board shall create individual "member share accounts" for all actively employed plan members and DROP participants and maintain appropriate books and records showing the respective interest of each member or DROP participant hereunder. Each member or DROP participant shall have a member share account for the member's share of the F.S. ch. 185 tax revenues described above, forfeitures and income and expense adjust- ments relating thereto. The board shall maintain separate member share accounts; however, the maintenance of separate accounts is for accounting purposes only and a segregation of the assets of the trust fund to each account shall not be required or permitted. (2) Share account funding. a. Individual member share accounts were established as of January 26, 2016, for all members and DROP participants who were actively employed as of January 26, 2016. Individual member share accounts shall be credited with an allocation as provided for in the following subsection (c) of any premium tax monies which have been allocated to the share plan for that plan year, beginning with the plan year ending September 30, 2015. b. Any forfeitures, as provided in subsection (4) of this section, shall be used as part of future allocations to the individual member share accounts in accordance with the formula set forth in subsection (3)a. of this section. (3) Allocation of monies to share accounts. a. Allocation of chapter 185 contribu- tions. 1. Initial allocation. Effective January 26, 2016, the amount • • CD28:42 PENSIONS AND RETIREMENT § 28-84 0 • • of any premium tax monies ings or losses allocated to the allocated to the share plan were individual member share allocated to individual member accounts shall be the same share accounts based on their percentage which is earned or completed months of credited lost by the total plan invest - service in proportion to the ments, including realized and combined completed months of unrealized gains or losses, net credited service of all of brokerage commissions, participants. All premium tax transaction costs and manage - monies allocated to the share ment fees. plan in any subsequent plan 2. Net earnings or losses are year shall be allocated as determined as of the last busi- provided for in this subsection. ness day of the fiscal year, Available premium tax monies which is the valuation date, shall be allocated to individual and are debited or credited as member share accounts at the of such date. end of each plan year on September 30 (a valuation 3. For purposes of calculating net date). earnings or losses on member's share account pursu- 2. Annual allocations. On each ant to this subsection, broker - valuation date, each current age commissions, transaction actively employed member of costs, and management fees the plan not participating in for the immediately preceding the DROP and each active fiscal year shall be determined DROP participant shall receive for each year by the invest - a share allocation as follows: ment consultant pursuant to (i) The total funds subject to contracts with fund managers allocation on each valua- as reported in the custodial tion date shall be divided statement. The investment equally among those consultant shall report these persons eligible for an annual contractual fees to the allocation and allocated board. The investment to the member share consultant shall also report the account of those eligible net investment return for each for an allocation. manager and the net invest- (ii) Re-employed retirees shall ment return for the total plan be deemed new employees assets. and shall receive an C. Allocation of costs, fees and expenses. allocation based solely on The board of trustees shall pay all the credited service in the costs and expenses for the manage - reemployment period. ment and operation for the current b. Allocation of investment gains and fiscal year and shall set aside as losses. much of the income as it considers 1. On each valuation date, each advisable as a reserve for expenses individual member share for the next fiscal year. account shall be adjusted to d. No right to allocation. The fact of reflect the net earnings or losses allocation or credit of an allocation resulting from investments to a member's share account by the during the year. The net earn- board shall not vest in any member, CD28:43 § 28-84 CLERMONT CODE any right, title, or interest in the b. Termination benefit. assets of the trust or in the chapter 1. In the event that a member's 185 tax revenues except at the time employment as a police officer or times, to the extent, and subject is terminated by reason other to the terms and conditions provided than retirement, death or dis- in this section. ability, the member shall be e. Members and DROP participants entitled to receive 100 percent shall be provided annual state- of the value of the member's ments setting forth their share share account, but only if the account balance as of the end of the member is either partially or plan year. totally vested in accordance with section 28-64. (4) Forfeitures. Any member who has less than five years of service credit and who 2. Such payment shall be made is not otherwise eligible for payment of as provided in subsection (6) of benefits after termination of employ- this section. ment with the city as provided for in C. Disability benefit. subsection (5) of this section shall forfeit 1. In the event that a member is the member's individual member share determined to be eligible for account. Forfeited amounts shall be either an in -line of duty dis- included and used as part of the chapter ability benefit pursuant to sec - 185 tax revenues for future allocations to tion 28-63(a) or a not -in -line of individual member share accounts on duty disability benefit pursu- each valuation date in accordance with ant to section the the formula set forth in subsection Ma of member shall bea entitled to this section. 100 percent of the value of the (5) Eligibility for benefits. Any member (or member's share account. member's beneficiary) or DROP 2. Such payment shall be made participant who terminates employment as provided in subsection (6) of as a police officer with the city or who this section. dies prior to a September 30 valuation date shall, upon application filed with d. Death benefit. the board, be entitled to be paid the 1. In the event that a member or value of the member's individual member DROP participant dies while share account, valued as of the actively employed as a police immediately preceding valuation date, officer, 100 percent of the value subject to the following criteria: of the member share account a. Retirement benefit. shall be paid to the member's designated beneficiary as 1. A member shall be entitled to provided in section 28-62. 100 percent of the value of the member's share account upon 2. Such payment shall be made normal or early retirement as provided in subsection (6) of pursuant to section 28-61, or if this section. the member enters the DROP, (6) Payment of benefits. Any person eligible upon termination of employ- for a share account benefit distribution ment. as provided for in subsection (5) of this 2. Such payment shall be made section, shall receive an amount equal to as provided in subsection (6) of the share account balance as of the this section. immediately preceding valuation date • • CD28:44 PENSIONS AND RETIREMENT § 28-85 0 • • (September 30). Payment of the calculated share account balance shall be payable as soon as administratively practicable following the date of retirement, termina- tion, disability or death, but not later than 150 days following the date of retire- ment, termination, disability or death, and shall be paid in one lump sum payment, subject to the provision for eligible rollover distributions provided for in section 28-79. No optional forms of payments shall be permitted. (7) Benefits not guaranteed. All benefits pay- able under this section 28-84 shall be paid only from the assets accounted for in individual member share accounts. Neither the city nor the board shall have any duty or liability to furnish any additional funds, securities or other assets to fund share account benefits. Neither the board nor any trustee shall be liable for the making, retention, or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the member share account balances, except due to the member's, board's, or trustee's own negligence, willful misconduct or lack of good faith. All investments shall be made by the board subject to the restrictions otherwise applicable to fund invest- ments. (8) Notional account. The member share account is a notional account, used only for the purpose of calculation of the share distribution amount. It is not a separate account in the system. There is no change in the system's assets, and there is no distribution available to the member or DROP participant until the member's or DROP participant's termination from employment. The member or DROP participant has no control over the invest- ment of the share account. (9) No employer discretion. The share account benefit is determined pursuant to a specific formula which does not involve employer discretion. (10) Maximum additions. Notwithstanding any other provision of this section, annual additions under this section shall not exceed the limitations of section 415(c) of the code pursuant to the provisions of section 28-70(k). (11) IRC limit. The share account distribu- tion, along with other benefits payable from the system, is subject to limitation under Internal Revenue Code section 415(b). (12) Use for permissive service purchase. Vested members may use their share account balance to purchase permissive service as defined in sections 28-81 and 28-82. The transfer of these funds does not convert the share account funds to employee contributions under this system. (Code 2008, § 46-79; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Sec. 28-85. Deferred retirement option plan (DROP). (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: DROP means the city Police Officers' Retire- ment Plan Deferred Retirement Option Plan. DROP account means the account established for each DROP participant under this section. (b) Participation. (1) Eligibility to participate. In lieu of terminating the member's employment as a police officer, any member who is eligible for normal retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to participate. A member's elec- tion to participate in the DROP must be made in writing in a time and manner determined by the board and shall be effective on the first day of the first CD28:45 § 28-85 CLERMONT CODE calendar month which is at least 15 (5) Effect of DROP participation on the system. business days after it is received by the board. a. A member's credited service and accrued benefit under the system (3) Period of participation. A member who shall be determined on the date the elects to participate in the DROP under member's election to participate in subsection (b)(2) of this section shall the DROP first becomes effective. participate in the DROP for a period not For purposes of determining the to exceed 60 months beginning at the accrued benefit, the member's salary time the member's election to participate for the purposes of calculating the in the DROP first becomes effective. An member's average final compensa- election to participate in the DROP shall tion shall include an amount equal constitute an irrevocable election to resign to any lump sum payments which from the service of the city not later than would have been paid to the member the date provided for in the previous and included as salary as defined sentence. A member may participate only herein, had the member retired once. under normal retirement and not (4) Termination of participation. elected DROP participation. Member contributions attributable to any a. A member's participation in the lump sums used in the benefit DROP shall cease at the earlier of: calculation and not actually received 1. The end of the member's by the member shall be deducted permissible period of participa- from the first payments to the tion in the DROP as determined member's DROP account. The under subsection (b)(3) of this member shall not accrue any section; or additional credited service or any additional benefits under the system 2. Termination of the member's (except for any supplemental benefit employment as a police officer. payable to DROP participants or b. Upon the member's termination of any additional benefits provided participation in the DROP, pursu- under any cost -of -living adjustment ant to subsection (b)(4)a.1 of this for retirees in the system) while the section, all amounts provided for in member is a participant in the DROP. subsection (c)(2) of this section, After a member commences including monthly benefits and participation, the member shall not investment earnings and losses or be permitted to again contribute to interest, shall cease to be transferred the system nor shall the member be from the system to the member's eligible for disability or pre -retire - DROP account. Any amounts ment death benefits, except as remaining in the member's DROP provided for in section 28-83. account shall be paid to the member b. No amounts shall be paid to a in accordance with the provisions of member from the system while the subsection (d) of this section when member is a participant in the DROP. the member terminates employ- Unless otherwise specified in the ment as a police officer. system, if a member's participation C. A member who terminates participa- in the DROP is terminated other tion in the DROP under this subset- than by terminating the member's tion (b)(4) of this section shall not employment as a police officer, no be permitted to again become a amounts shall be paid to the member participant in the DROP. from the system until the member • CD28:46 PENSIONS AND RETIREMENT § 28-85 0 • • terminates the member's employ- ment as a police officer. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP account shall be paid directly to the member only on the termination of the member's employment as a police officer. (c) Funding. (1) Establishment of DROP account. A DROP account shall be established for each member participating in the DROP. A member's DROP account shall consist of amounts transferred to the DROP under subsection (c)(2) of this section, and earn- ings or interest on those amounts. (2) Transfers from retirement system. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retire- ment benefit the member would have received under the system had the member terminated employment as a police officer and elected to receive monthly benefit payments thereunder shall be transferred to the member's DROP account, except as otherwise provided for in subsec- tion (b)(4)b of this section. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4) of this section, but in no event shall it continue past the date the member terminates the member's employ- ment as a police officer. b. Except as otherwise provided in subsection (b)(4)b of this section, a member's DROP account under this subsection (c)(2) of this section shall be credited with interest at an effec- tive rate of 6Y2 percent per annum compounded monthly determined on the last business day of the prior month's ending balance and credited to the member's DROP account as of such date (to be applicable to all current and future DROP participants). C. A member's DROP account shall only be credited with interest and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon termination of participation in the DROP shall be the value of the account at the end of the month immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous month, and prior to distribution. If a member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employ- ment following the last month of the permissible period of DROP participation, the member's DROP account will no longer be credited with interest, nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the police department, and no cost -of -living adjustments shall be applied to the member's credit during such period of continued employment. A member employed by the police department after the permissible period of DROP participation will still not be eligible for pre -retirement death or dis- ability benefits and will not accrue additional credited service except as provided for in section 28-83. (d) Distribution of DROP accounts on termina- tion of employment. (1) Eligibility for benefits. A member shall receive the balance in a DROP account in accordance with the provisions of this CD28:47 § 28-85 CLERMONT CODE subsection (d) upon the member's termina- sum, a partial lump sum and partial tion of employment as a police officer. rollover amount, or a rollover of the full Except as provided in subsection (d)(5) of lump sum amount. this section, no amounts shall be paid to (4) Proof of death and right of beneficiary or a member from the DROP prior to the other person. The board may require and member's termination of employment as rely upon such proof of death and such a police officer. evidence of the right of any beneficiary or other person to receive the value of a (2) Form of distribution. deceased member's DROP account as the a. Distribution of a member's DROP board may deem proper and its determina- account shall be made in a lump tion of the right of that beneficiary or sum, subject to the direct rollover other person to receive payment shall be provisions set forth in subsection conclusive. (d)(6) of this section; or (5) Distribution limitation. Notwithstand- b. The member may elect to have a ing any other provision of subsection (d) partial lump sum amount paid to of this section, all distributions from the the member or a surviving DROP shall conform to the minimum distribution of benefits provisions as beneficiary, less taxes, with the provided for herein. remainder of the distribution of the member's DROP account made in a (6) Direct rollover of certain distributions. lump sum, subject to the rollover This subsection applies to distributions provisions set forth in subsection made on or after January 1, 2002. (d)(6) of this section. Notwithstanding any provision of the DROP to the contrary, a distributee may Elections under this subsection shall be elect to have any portion of an eligible in writing and shall be made in such time rollover distribution paid in a direct or manner as the board shall determine. rollover as otherwise provided under the Notwithstanding the preceding, if a system in section 28-79. member dies before the member's benefit (e) Administration of DROP. is paid, the member's DROP account shall be paid to the member's beneficiary (1) Board administers the DROP. The general in such optional form as the member's administration of the DROP, the beneficiary may select. If no beneficiary responsibility for carrying out the provi- designation is made, the DROP account sions of the DROP and the responsibility shall be distributed to the member's of overseeing the investment of the estate. DROP's assets shall be placed in the board. The members of the board may (3) Date of payment of distribution. Except appoint from their number such subcom- as otherwise provided in this subsection mittees with such powers as they shall (d) of this section, distribution of a determine; may adopt such administra- member's DROP account shall be made tive procedures and regulations as they as soon as administratively practicable deem desirable for the conduct of their following the member's termination of affairs; may authorize one or more of employment. Distribution of the amount their number or any agent to execute or in a member's DROP account will not be deliver any instrument or make any pay - made unless the member completes a ment on their behalf; may retain counsel, written request for distribution and a employ agents and provide for such cleri- written election, on forms designated by cal, accounting, actuarial and consulting the board, to either receive a cash lump services as they may require in carrying • �J CD28:48 PENSIONS AND RETIREMENT § 28-85 0 • out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to the trustee. (2) Individual accounts, records and reports. The board shall maintain records show- ing the operation and condition of the DROP, including records showing the individual balances in each member's DROP account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. (3) Establishment of rules. Subject to the limitations of the DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The board shall have discretionary authority to construe and interpret the DROP (includ- ing, but not limited to, determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General provisions. (1) The DROP is not a separate retirement plan. Instead, it is a program under which a member who is eligible for normal retirement under the system may elect to accrue future retirement benefits in the manner provided in this section 28-85 for the remainder of the member's employ- ment, rather than in the normal manner provided under the plan. Upon termina- tion of employment, a member is entitled to a lump sum distribution of the member's DROP account balance or may elect a rollover. The DROP account distribution is in addition to the member's monthly benefit. (2) Notional account. The DROP account established for such a member is a notional account, used only for the purpose of calculation of the DROP distribution amount. It is not a separate account in the system. There is no change in the system's assets, and there is no distribu- tion available to the member until the member's termination from the DROP. The member has no control over the investment of the DROP account. CD28:49 § 28-85 CLERMONT CODE (3) No employer discretion. The DROP benefit filed with the board in a time and is determined pursuant to a specific manner determined by the board formula which does not involve employer under rules uniformly applicable to discretion. all employees similarly situated. The board reserves the right to change (4) IRC limit. The DROP account distribu- from time to time the manner for tion, along with other benefits payable making notifications, elections or from the system, is subject to limitation designations by members under the under Internal Revenue Code section DROP if it determines after due 415(b). deliberation that such action is justi- (5) Amendment of DROP. The DROP may be fied in that it improves the amended by an ordinance of the city at administration of the DROP. In the any time and from time to time, and event of a conflict between the provi- retroactively if deemed necessary or sions for making an election, notifica- appropriate, to amend in whole or in part tion or designation set forth in the any or all of the provisions of the DROP. DROP and such new administrative However, except as otherwise provided procedures, those new administra- by law, no amendment shall make it tive procedures shall prevail. possible for any part of the DROP's funds b. Each member or Retiree who has a to be used for, or diverted to, purposes DROP account shall be responsible other than for the exclusive benefit of for furnishing the board with the persons entitled to benefits under the member's current address and any DROP. No amendment shall be made subsequent changes in the member's which has the effect of decreasing the address. Any notice required to be balance of the DROP account of any given to a member or Retiree member. hereunder shall be deemed given if directed to the member or retiree at (6) Facility of payment. If a member or other the last such address given to the person entitled to a benefit under the board and mailed by registered or DROP is unable to care for the member's certified United States mail. If any affairs because of illness or accident or is check mailed by registered or certi- a minor, the board shall direct that any fied United States mail to such benefit due the member shall be made address is returned, mailing of only to a duly appointed legal representa- checks will be suspended until such tive. Any payment so made shall be a time as the member or retiree noti- complete discharge of the liabilities of fies the board of the member's the DROP for that benefit. address. (7) Information. Each member, beneficiary (9) Benefits not guaranteed. All benefits pay - or other person entitled to a benefit, able to a member from the DROP shall before any benefit shall be payable to the be paid only from the assets of the member or on the member's account under member's DROP account and neither the the DROP, shall file with the board the city nor the board shall have any duty or information that it shall require to liability to furnish the DROP with any establish the member's rights and benefits funds, securities or other assets except to under the DROP. the extent required by any applicable law. (8) Written elections, notifications. (10) Construction. a. Any elections, notifications or a. The DROP shall be construed, designations made by a member regulated and administered under pursuant to the provisions of the state law, except where other DROP shall be made in writing and applicable law controls. • • �J J CD28:50 • PENSIONS AND RETIREMENT § 28-115 b. The titles and headings of the subsec- tions in this section 28-85 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. (11) Forfeiture of retirement benefits. Nothing in this section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the system. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (12) Effect of DROP participation on employ- ment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. (Code 2008, § 46-80; Ord. No. 2021-012, § 3(exh. A), 3-23-2021) Secs. 28-86-28-113. Reserved. ARTICLE IV. FIREFIGHTERS' RETIREMENT PLAN* Sec. 28-114. Retirement plan and trust for the firefighters of the city. The city council adopts the amended and restated plan and trust for the firefighters of the city, effective March 23, 2021, as if fully set forth in this Code. The plan shall be renamed as the city Firefighters' Retirement Plan and all assets of the former retirement plan and trust for the firefighters of the city are renamed also. (Code 2008, § 46-100; Ord. No. 2014-16, § 1, 6-10-2014; Ord. No. 2021-012, § 4, 3-23-2021) Sec. 28-115. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated contributions means a member's own contributions without interest. For those *State law reference —Firefighter pensions, F.S. ch. 175. participants who purchase credited service with interest or at no cost to the plan, only that portion of any payment representing the amount attributable to the participant's contributions based on the applicable participant contribution rate shall be included in accumulated contribu- tions. Actuarial equivalent means a benefit or amount of equal value, based upon the unisex mortality table promulgated by the Internal Revenue Service for purposes of Internal Revenue Code section 417(e)(3), and an interest rate equal to the investment return assumption set forth in the last actuarial valuation report approved by the board. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. Average final compensation means: (1) For a full-time firefighter: V12 of the average salary of the five best years of the last ten years of credited service prior to retirement, termination, or death, or the career average as a full-time firefighter, whichever is greater. A year shall be 12 consecutive months. (2) For a volunteer firefighter: 'h2 of the average salary of the five best years of the last ten best contributing years prior to change in status to a permanent full- time firefighter or retirement as a volunteer firefighter or the career aver- age of the firefighter, whichever is greater. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect, or if no person so designated is living, at the time of death of the member, the beneficiary shall be the estate of the member. Board means the board of trustees, which shall administer and manage the system herein provided and serve as trustees of the fund. CD28:51 § 28-115 CLERMONT CODE Code means the Internal Revenue Code of 1986, as amended from time to time. Credited service means the total number of years and fractional parts of years of service, rounded to the nearest completed month, as a firefighter during which the member made required contributions to the plan, omitting intervening years or fractional parts of years when such member was not employed by the city as a firefighter. A member may voluntarily leave accumulated contributions in the fund for a period of five years after leaving the employ of the fire department pending the possibility of being reemployed as a firefighter, without losing credit for the time that the member was a member of the system. If a vested member leaves the employ of the city, the member's accumulated contributions will be returned only upon the member's written request. If a member who is not vested is not reemployed as a firefighter with the fire department within five years, the member's accumulated contributions, if $1,000.00 or less shall be returned. If a member who is not vested is not re-employed within five years, the member's accumulated contributions, if more than $1,000.00, will be returned only upon the written request of the member and upon comple- tion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of the member's rights and benefits under the system are forfeited and terminated. Upon any re- employment, a firefighter shall not receive credit for the years and fractional parts of years of service for which the firefighter has withdrawn the firefighter's accumulated contributions from the fund, unless the firefighter repays into the fund the contributions the firefighter has withdrawn, with interest, as determined by the board, within 90 days after the member's re- employment. (1) The years or fractional parts of a year that a member performs qualified military service consisting of voluntary or involuntary service in the uniformed services as defined in the Uniformed Services Employment and Reemploy- ment Rights Act (USERRA) (P.L. 103- 353), after separation from employment as a firefighter with the city to perform training or service, shall be added to the member's years of credited service for all purposes, including vesting, provided that: a. The member is entitled to re-employ- ment under the provisions of USERRA. b. The member returns to employment as a firefighter within one year from the earlier of the date of the member's military discharge or release from active service, unless otherwise required by USERRA. C. The maximum credit for military service pursuant to this subsection shall be five years. d. This subsection is intended to satisfy the minimum requirements of USERRA. To the extent that this subsection does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. (2) In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accru- als relating to the period of qualified military service) as if the member had resumed employment and then died while employed. (3) Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an individual receiving differential wage payments (as defined under section 3401(h)(2) of the code) from an employer shall be treated as employed by that employer, and the differential wage pay- ment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. 0 • CD28:52 PENSIONS AND RETIREMENT § 28-115 0 • Effective date means December 20, 1960. Full-time firefighter means any person employed full-time solely by the city fire depart- ment who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35 and whose duty is to extinguish fires, to protect life, and to protect property. The term "full-time firefighter" includes all certified, supervisory, and command person- nel whose duties include, in whole or in part, the supervision, training, guidance, and manage- ment responsibilities of full-time firefighters, part-time firefighters, or auxiliary firefighters but does not include part-time firefighters or auxiliary firefighters. Fund means the trust fund established herein as part of the system. Member means an actively employed firefighter who fulfills the prescribed membership require- ments. Benefit improvements which, in the past, have been provided for by amendments to the system adopted by city ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan year means the 12-month period begin- ning October 1 and ending September 30 of the following year. Retiree means a member who has entered retirement status. Retirement means a member's separation from city employment with eligibility for immediate receipt of benefits under the system or entry into the deferred retirement option plan. Salary means the fixed monthly remunera- tion paid a firefighter, plus all tax deferred, tax sheltered, or tax-exempt items of income derived from elective employee payroll deductions or salary reductions; where, as in the case of volunteer firefighter, remuneration is based on actual services rendered, salary will be total cash remuneration received yearly for such services, prorated on a monthly basis. The remuneration paid a firefighter by the city for a plan year excludes bonuses. Effective October 1, 2019, the amount of annual overtime compensa- tion that may be included in the calculation of a retirement benefit shall be limited to the first 300 hours of overtime paid per calendar year. The amount of the accrued unused sick or annual leave payment at retirement that may be included in the retirement benefit shall be the lesser of- (1) The total value of accrued unused sick or annual leave that would have been paid to the firefighter based on years of service as of February 14, 2014; or (2) The actual amount of accrued unused sick or annual leave paid to the firefighter at retirement, regardless of whether the amount of sick or annual leave was, at some time prior to retirement, reduced below the amount on February 14, 2014. Compensation in excess of the limitations set forth in section 401(a)(17) of the code as of the first day of the plan year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensa- tion of each member taken into account in determining benefits or employee contributions for any plan year beginning on- or after January 1, 2002, may not exceed $200,000.00, as adjusted for cost -of -living increases in accordance with code section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost -of - living adjustment in effect' for a calendar year applies to annual compensation for the determina- tion period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensa- tion limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a member's contributions or benefits for the cur- rent plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an eligible employee shall not be less than the CD28:53 § 28-115 CLERMONT CODE amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. The term "eligible employee" means an individual who was a member before the first plan year beginning after December 31, 1995. Spouse means the member's or retiree's spouse under applicable law at the time benefits become payable. System means the City of Clermont Firefight- ers' Retirement Plan as contained herein and all amendments thereto. Volunteer firefighter means any person whose name is carried on the active membership roll of a constituted volunteer fire department or a combination of a paid and volunteer fire depart- ment of any municipality or special fire control district and whose duty is to extinguish fires, protect life, and to protect property. Compensa- tion for services rendered by a volunteer firefighter shall not disqualify the firefighter as a volunteer. A person shall not be disqualified as a volunteer firefighter solely because the firefighter has other gainful employment. Any person who volunteers assistance at a fire but is not an active member of the department described herein is not a volunteer firefighter within the meaning of this definition. (Code 2008, § 46-101; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-116. Membership (a) Conditions of eligibility. All firefighters as of the effective date, and all future new firefight- ers, shall become members of this system as a condition of employment. (b) Designation of beneficiary. Each firefighter shall complete a form prescribed by the board designating a beneficiary or beneficiaries. (Code 2008, § 46-102; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-117. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the city council, and two of whom shall be members of the system, who shall be elected by a majority of the firefighters who are members of the system. The fifth trustee shall be chosen by a majority of the previous four trustees as provided for herein, and such person's name shall be submitted to the city council. Upon receipt of the fifth person's name, the city council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four trustees appointed or elected as herein provided and shall serve a two-year term unless the trustee sooner vacates the office. Each resident trustee shall serve as trustee for a period of two years, unless the trustee sooner vacates the office or is sooner replaced by the city council at whose pleasure the trustee shall serve. Each member trustee shall serve as trustee for a period of two years, unless the trustee sooner leaves the employment of the city as a firefighter or otherwise vacates the member's office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed the trustee in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall, by a majority vote, elect a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one vote on the board. Three affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain CD28:54 • is PENSIONS AND RETIREMENT § 28-118 0 • • from voting as the result of a conflict of interest and shall comply with the provisions of F.S. § 112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board and all other expenses of the board neces- sary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. In the event the board chooses to use the city's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the board. (e) The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the system and determine all questions arising thereunder. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disburs- ing agent, in writing, of approved benefit payments and other expenditures aris- ing through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. (Code 2008, § 46-103; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-118. Finances and fund manage- ment. The establishment and operation of the fund are as follows: (1) As part of the system, there is hereby established the fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system, including the assets of the prior firefighters' retirement plan. (2) The actual custody and supervision of the fund (and assets thereof) shall be vested in the board. Payment of benefits and disbursements from the fund shall be made by the disbursing agent but only upon written authorization from the board. (3) All funds of the firefighters' retirement plan may be deposited by the board with the finance director of the city, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as the finance director is liable for the safekeeping of funds for the city. However, any funds so deposited with the finance director of the city shall be kept in a separate fund by the finance director or clearly identified as such funds of the firefighters' retirement plan. In lieu thereof, the board shall deposit the funds of the firefighters' retirement plan in a qualified public depository as defined in F.S. § 280.02, which depository with regard to such funds shall conform to and be bound by all of the provisions of F.S. ch. 280. In order to fulfill its invest- ment responsibilities as set forth herein, the board may retain the services of a custodian bank, an investment advisor registered under the Investment Advi- sors Act of 1940 or otherwise exempt from such required registration, an insur- CD28:55 § 28-118 CLERMONT CODE ance company, or a combination of these, however, and in any event to the for the purposes of investment decisions authority and power of the city and management. Such investment council to amend or terminate this manager shall have discretion, subject to fund, provided that no amendment any guidelines as prescribed by the board, or fund termination shall ever result in the investment of all fund assets. in the use of any assets of this fund (4) All funds and securities of the system �, except for the payment of regular may be commingled in the fund, provided expenses and benefits under this that accurate records are maintained at system, except as otherwise provided all times reflecting the financial composi- herein. All contributions from time tion of the fund, including accurate cur- to time paid into the fund, and the rent accounts and entries as regards the income thereof, without distinction between principal and income, shall following: be held and administered by the a. Current amounts of accumulated board or its agent in the fund and contributions of members on both the board shall not be required to an individual and aggregate account segregate or invest separately any basis; portion of the fund. b. Receipts and disbursements; b. All monies paid into or held in the C. Benefit payments; fund shall be invested and reinvested by the board and the investment of d. Current amounts clearly reflecting all or any part of such funds shall be all monies, funds and assets subject to the following: whatsoever attributable to contribu- tions and deposits from the city; 1. Notwithstanding any limita- tion provided for in F.S. ch. e. All interest, dividends and gains (or 175, to the contrary (unless losses) whatsoever; and such limitation may not be f. Such other entries as may be amended by local ordinance) properly required so as to reflect a or any limitation in prior city clear and complete financial report ordinances to the contrary, all of the fund. monies paid into or held in the (5) An audit shall be performed annually by fund may be invested and a certified public accountant for the most reinvested in such securities, recent fiscal year of the system showing investment vehicles or property a detailed listing of assets and a state- wherever situated and of whatever kind, as shall be ment of all income and disbursements approved by the board, includ- during the year. Such income and ing, but not limited to, common disbursements must be reconciled with or preferred stocks, bonds, and the assets at the beginning and end of other evidences of indebted - the year. Such report shall reflect a ness or ownership. In no event, complete evaluation of assets on both a however, shall more than 25 cost and market basis, as well as other percent of the assets of the items normally included in a certified fund at market value be audit. invested in foreign securities. (6) The board shall have the following invest- 2. The board shall develop and ment powers and authority: adopt a written investment a. The board shall be vested with full fund, policy statement setting forth types invest- legal title to said subject, permissible of CD28:56 PENSIONS AND RETIREMENT § 28-118 0 • • ments, goals and objectives of assets of the fund are investments and setting qual- transferred pursuant to ity and quantity limitations on subsection (6)c of this sec - investments in accordance with tion shall be adopted by the recommendations of its the board as part of the investment consultants. The plan by executing investment policy statement appropriate participation, shall be reviewed by the board adoption agreements, at least annually. and/or trust agreements 3. In addition, the board may, with the group trust's upon recommendation by the trustee. board's investment consultant, make investments in group GO The separate account trusts meeting the require- ments of Internal Revenue trust for the plan pursu- Service Revenue Ruling 81-100, ant to subsection (6)c of Revenue Ruling 2011-1 IRS this section shall not be Notice 2012-6 and Revenue used for, or diverted to, Ruling 2014-24, or successor any purpose other than rulings or guidance of similar for the exclusive benefit import, and operated or of the members and maintained exclusively for the beneficiaries of the plan. commingling and collective (iii) For purposes of valua- investment of monies, provided tion, the value of the that the funds in the group separate account trust consist exclusively of trust maintained by the group assets held under plans quali- trust for the plan shall be fied under section 401(a) of the the fair market value of code, individual retirement the portion of the group accounts that are exempt under section 408(e) of the code, trust held for the plan, eligible governmental plans determined in accordance that meet the requirements of with generally recognized section 457(b) of the code, and valuation procedures. governmental plans under C. At least once every three years, and 401(a)(24) of the code. For this more often as determined by the purpose, a trust includes a board, the board shall retain a profes- custodial account or separate sionally qualified independent tax -favored account maintained consultant, as defined in F.S. by an insurance company that § 175.071, to evaluate the is treated as a trust under performance of all current invest - section 401(f) or under section ment managers and make recom- 457(g)(3) of the code. While mendations regarding the retention any portion of the assets of the fund are invested in such a of all such investment managers. group trust, such group trust These recommendations shall be is itself adopted as a part of considered by the board at its next the system or plan. regularly scheduled meeting. (i) Any collective or common d. The board may retain in cash and group trust to which keep unproductive of income such CD28:57 § 28-118 CLERMONT CODE amount of the fund as it may deem report to any court, nor to secure advisable, having regard for the cash any order of court for the exercise of requirements of the system. any power contained herein. e. Neither the board nor any trustee i. Where any action which the board shall be liable for the making, reten- is required to take or any duty or tion or sale of any investment or function which it is required to reinvestment made as herein perform either under the terms provided, nor for any loss or herein or under the general law diminishment of the fund, except applicable to it as trustee under that due to the member's, board's, this article, can reasonably be taken or trustee's own negligence, willful or performed only after receipt by it misconduct or lack of good faith. from a member, the city, or any other entity, of specific information, f. The board may cause any invest- certification, direction or instruc- ment in securities held by it to be tions, the board shall be free of registered in or transferred into its liability in failing to take such action name as trustee or into the name of or perform such duty or function such nominee as it may direct, or it until such information, certifica- may retain them unregistered and tion, direction or instruction has in form permitting transferability, been received by it. but the books and records shall at j. Any overpayments or underpay - all times show that all investments ments from the fund to a member, are part of the fund. retiree or beneficiary caused by g. The board is empowered, but is not errors of computation shall be required, to vote upon any stocks, adjusted with interest at a rate per bonds, or securities of any corpora- annum approved by the board in tion, association, or trust and to such a manner that the actuarial give general or specific proxies or equivalent of the benefit to which powers of attorney with or without the member, retiree or beneficiary power of substitution; to participate was correctly entitled, shall be paid. in mergers, reorganizations, Overpayments shall be charged recapitalizations, consolidations, and against payments next succeeding similar transactions with respect to the correction or collected in another such securities; to deposit such stock manner if prudent. Underpayments or other securities in any voting shall be made up from the fund in a trust or any protective or like com- prudent manner. mittee with the trustees or with k. The board shall sustain no liability depositories designated thereby; to whatsoever for the sufficiency of the amortize or fail to amortize any fund to meet the payments and part or all of the premium or discount benefits provided for herein. resulting from the acquisition or disposition of assets; and generally 1. In any application to or proceeding to exercise any of the powers of an or action in the courts, only the owner with respect to stocks, bonds, board shall be a necessary party, or other investments comprising the and no member or other person fund which it may deem to be to the having an interest in the fund shall best interest of the fund to exercise. be entitled to any notice or service h. The board shall not be required to of process. Any judgment entered in such a proceeding or action shall be make any inventory or appraisal or conclusive upon all persons. CD28:58 PENSIONS AND RETIREMENT § 28-120 0 m. Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said fund shall always remain in the board. (Code 2008, § 46-104; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-119. Contributions. (a) Member contributions. (1) Amount. Each member of the system shall be required to make regular contributions to the fund in the amount of four percent of the member's salary. Member contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated as employer contributions pursuant to section 414(h) of the code. Such designation is contingent upon the contributions being excluded from the members' gross income for federal income tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. (2) Method. Such contributions shall be made by payroll deduction. (b) State contributions. Any monies received or receivable by reason of laws of the state, for the express purpose of funding and paying for retirement benefits for firefighters of the city shall be deposited in the fund comprising part of this system immediately and under no circumstances more than five days after receipt by the city. (c) City contributions. So long as this system is in effect, the city shall make quarterly contribu- tions to the fund in an amount equal to the required city contribution as shown by the applicable actuarial valuation of the system. (d) Other. Private donations, gifts and contribu- tions may be deposited to the fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for members, as determined by the board, and may not be used to reduce what would have otherwise been required city contributions. (Code 2008, § 46-105; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-120. Benefit amounts and eligibil- ity. (a) Normal retirement age and date. A member's normal retirement age is the earlier of the attainment of age 55 and the completion of ten years of credited service, or the completion of 20 years of credited service, regardless of age. Each member shall become 100 percent vested in the member's accrued benefit at normal retire- ment age. A member's normal retirement date shall be the first day of the month coincident with or next following the date the member retires from the city after attaining normal retirement age. (b) Normal retirement benefit. (1) For full-time firefighters. A full-time firefighter member retiring hereunder on or after the member's normal retire- ment date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next follow- ing the member's retirement and be continued thereafter during member's lifetime, ceasing upon death, but with 120 monthly payments guaranteed in any event. The monthly retirement benefit shall equal the sum of 2 % percent of average final compensation times years of credited service earned prior to October 1, 2002, and three percent of average final compensation times years of credited service, earned on and after October 1, 2002. (2) For volunteer firefighters. A volunteer firefighter member retiring hereunder on or after the member's normal retire- CD28:59 § 28-120 CLERMONT CODE ment date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next follow- ing the member's retirement and be continued thereafter during member's lifetime, ceasing upon death, but with 120 monthly payments guaranteed in any event. The monthly retirement benefit shall equal the greater of: a. $5.00 per year multiplied by the years of credited volunteer service; or b. The sum of 21/4 percent of average final compensation times years of credited service earned prior to October 1, 2002, and three percent of average final compensation times years of credited service earned on and after October 1, 2002. (3) For firefighters who change status. The normal retirement benefit of a volunteer firefighter that changes status from a volunteer firefighter to a full-time firefighter shall be the sum of the accrued benefit as a volunteer firefighter and the accrued benefit as a full-time firefighter. (c) Early retirement date. A member may retire on the member's early retirement date which shall be the first day of any month coincident with or next following the attainment of age 50 years and the completion of ten years of credited service. Early retirement under the system is retirement from employment with the city on or after the early retirement date and prior to the normal retirement date. (d) Early retirement benefit. A member retir- ing hereunder on the member's early retirement date may receive either a deferred or an immedi- ate monthly retirement benefit payable in the same form as for normal retirement as follows: (1) A deferred monthly retirement benefit which shall commence on what would have been the member's normal retire- ment date, determined based upon the member's actual years of credited service as a firefighter and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on the member's normal retirement date, determined based upon the member's actual years of credited service, except that credited service and average final compensation shall be determined as of the member's early retirement date; or (2) An immediate monthly retirement benefit which shall commence on the member's early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in subsection (d)(1) of this section, reduced by three percent for each year by which the commencement of benefits precedes the date which would have been the member's normal retire- ment date, determined based upon the member's actual years of credited service. (e) Required distribution date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains the age of 72 years (or 701/2 if that age was reached before December 31, 2019) or the calendar year in which the member terminates employment with the city. (Code 2008, § 46-106; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-121. Pre -retirement death. (a) Death prior to vesting, not -in -line of duty. The beneficiary of a deceased member who was not receiving monthly benefits or who was not yet vested or eligible for early or normal retire- ment and dies not -in -line of duty shall receive a refund of 100 percent of the member's accumulated contributions. (b) Death after vesting, not -in -line of duty. The beneficiary of a deceased member who was not receiving monthly benefits and who was vested and dies not -in -line of duty shall receive the benefits otherwise payable to the member at �J • • CD28:60 • PENSIONS AND RETIREMENT § 28-121 the member's early or normal retirement date, determined based on the member's actual years of credited service. (c) Death prior to vesting, in -line of duty. If a member dies prior to retirement in -the -line -of - duty, and the member is not vested, the member's beneficiary shall receive the benefit provided for in subsection (d) of this section. (d) Death after vesting, in -line of duty. If a member, other than a participant in the DROP, under section 28-144, dies in -the -line -of -duty, the following benefits are payable: (1) If the member dies leaving a surviving spouse, the surviving spouse may receive a monthly pension equal to 100 percent of the monthly salary being received by the member at the time of the member's death for the rest of the surviving spouse's lifetime. Benefits provided by this subsec- tion supersede any other distribution that may have been provided by the member's designation of beneficiary. Such benefit ceases upon the surviving spouse's death, unless the member's minor children survive the spouse as provided for in subsection (d)(2) of this section. (2) If the surviving spouse dies and the member's minor children survive the spouse, the monthly payments that otherwise would have been payable to such surviving spouse shall be paid for the use and benefit of the member's child or children under 18 years of age and unmarried until the 18th birthday of the member's youngest child. Such monthly payments may be extended until the 25th birthday of the member's child if the child is unmarried and enrolled as a full-time student at an accredited institu- tion. If there is more than one minor child, the benefits shall be divided equally among the children. As each child reaches the benefit termination age, the remain- ing eligible children will divide the benefits. (3) If the member dies leaving no surviving spouse but is survived by a child under 18 years of age and unmarried, the benefits provided by subsection (d)(1) of this section shall be paid for the use and benefit of such member's child under 18 years of age and unmarried until the 18th birthday of the member's youngest child. Such monthly payments may be extended until the 25th birthday of any of the member's children if the child is unmarried and enrolled as a full-time student at an accredited institution. If there is more than one minor child, the benefits shall be divided equally among the children. As each child reaches the benefit termination age, the remaining eligible children will divide the benefits. (4) If the member dies leaving no surviving spouse and no children under 18 years of age and unmarried and no child under age 25 years and unmarried and enrolled as a full-time student, then the member's beneficiary shall receive the greater of a. The member's accrued benefit; or b. 42 percent of the member's average final compensation, with the applicable annuity amount payable for ten years. If the named beneficiary dies before the full ten years of payments are made, the remaining benefit payments will be paid in a lump sum to the estate of the beneficiary. (5) For purposes of determining whether a death is in -the -line -of -duty, the presump- tion and additional presumption provided for in section 28-122(b)(1) and (2) shall apply. (6) In all cases, the benefits paid in subsec- tions (d)(1), (2) and (3) of this section will be at least the member's accrued benefit paid for ten years. In the event that the surviving spouse or children's benefits cease due to death or reaching the age of majority as provided for herein, the benefit will be paid to the estate of the survivor payee (i.e., the surviving spouse or surviv- ing children). CD28:61 § 28-121 CLERMONT CODE (e) Beginning of distribution. Notwithstand- ing anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained age 72 years (or 70Y2 if that age would have been reached before December 31, 2019). (f) Payment period. The Uniform Lifetime Table in Treasury Regulations section 1.401(a)(9)-9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations. (g) Rebuttable presumptions of death in line of duty. The provisions of F.S. §§ 112.18, 112.181, and 175.231 are hereby codified within the plan and are intended to be incorporated by reference. The board of trustees shall adopt uniform administrative rules for the resulting relating to these rebuttable presumptions and for the determination of any disqualifying events reflected in F.S. chs. 112 and 175. (h) Non -rebuttable conclusive cancer presump- tion in line of duty. The provisions of F.S. § 112.1816 are hereby codified within the plan and are intended to be incorporated by reference. The board of trustees shall adopt uniform administrative rules relating to this presump- tion and for the determination of any disqualify- ing events as reflected in F.S. chs. 112 and 175. (Code 2008, § 46-107; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-122. Disability. (a) Benefits in -line of duty. Any member who shall become totally and permanently disabled to the extent that the member is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a firefighter, which disability was directly caused by the performance of the member's duty as a firefighter, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to the greater of: (1) The member's accumulated contribu- tions at five percent interest; (2) 2V4 percent of average final compensa- tion times years of credited service earned prior to October 1, 2002, plus three percent of average final compensation times years of credited service earned on and after October 1, 2002; or (3) 42 percent of the average final compensa- tion of the member. Eligibility requirements for disability benefits are set forth in subsection (g) of this section. (b) In -line of duty presumptions. (1) Rebuttable presumption for hypertension and heart disease. Any condition or impair- ment of health of a member caused by hypertension or heart disease shall be presumed to have been suffered in the line of duty unless the contrary is shown by competent evidence, provided such member shall have successfully passed a physical examination upon entering into such service, which examination failed to reveal any evidence of such condition, and provided, further, that such presump- tion shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. (2) Additional rebuttable presumption for hepatitis, meningitis, and tuberculosis. The presumption provided for in subsec- tion (b)(2)b of this section shall apply only to those conditions described in this subsection (b)(2) that are diagnosed on or after January 1, 1996. a. Definitions. The following words, terms and phrases, when used in this subsection (b)(2), shall have the meanings ascribed to them in subsec- • • CD28:62 PENSIONS AND RETIREMENT § 28-122 tion (b)(2)b of this section, except sions of this subsection, in perform - where the context clearly indicates ing the basic duties associated with a different meaning: the member's employment: Body fluids means blood and body (i) Provides emergency medi- fluids containing visible blood and cal treatment in a non - other body fluids to which universal healthcare setting where precautions for prevention of there is a potential for occupational transmission of blood- transfer of body fluids borne pathogens, as established by between persons; the Centers for Disease Control, (ii) At the site of an accident, apply. For purposes of potential fire, or other rescue or public safety operation, or transmission of meningococcal meningitis or tuberculosis, the term in an emergency rescue or public safety vehicle , "body fluids" includes respiratory, handles body fluids in salivary, and sinus fluids, including out of containers or works droplets, sputum, and saliva, with or otherwise handles mucous, and other fluids through needles or other sharp which infectious airborne organ- instruments exposed to isms can be transmitted between body fluids; persons. (iii) Engages in the pursuit, Emergency rescue or public safety apprehension, and arrest member means any member of law violators or employed full time by the city as a suspected law violators firefighter, paramedic, emergency and, in performing such medical technician, law enforce- duties, may be exposed to ment officer, or correctional officer body fluids; or who, in the course of employment, (iv) Is responsible. for the runs a high risk of occupational custody, and physical exposure to hepatitis, meningococ- restraint when necessary, cal meningitis, or tuberculosis and of prisoners or inmates who is not employed elsewhere in a within a prison, jail, or similar capacity. However, the term other criminal detention "emergency rescue or public safety facility, while on work member" does not include any person detail outside the facility, employed by a public hospital or while being transported licensed under F.S. ch. 395, or any and, in performing such person employed by a subsidiary duties, may be exposed to thereof. body fluids. Occupational exposure, in the case Hepatitis means hepatitis A, of hepatitis, meningococcal hepatitis B, hepatitis non -A, meningitis, or tuberculosis, means hepatitis non-B, hepatitis C, or any an exposure that occurs during the other strain of hepatitis generally performance of job duties that may recognized by the medical com- place a worker at risk of infection. munity. b. Presumption due to health condi- High risk of occupational exposure means that risk that is incurred tion or impairment. Any emergency rescue or public safety member who because a person subject to the provi- suffers a condition or impairment of CD28:63 § 28-122 CLERMONT CODE health that is caused by hepatitis, person known to the meningococcal meningitis, or member to have engaged tuberculosis, that requires medical in such unsafe sexual treatment, and that results in total practices or other high - or partial disability or death shall risk behavior; or be presumed to have a disability (iv) Used intravenous drugs suffered in the line of duty, unless not prescribed by a physi- the contrary is shown by competent cian. evidence; however, in order to be 2. In the case of meningococcal entitled to the presumption, the meningitis, in the ten days member must, by written affidavit immediately preceding as provided in F.S. § 92.50, verify by diagnosis the member was not written declaration that, to the best exposed, outside the scope of of the member's knowledge and the member's employment, to belief: any person known to have 1. In the case of a medical condi- meningococcal meningitis or tion caused by or derived from known to be an asymptomatic hepatitis, the member has not: carrier of the disease. (i) Been exposed, through 3. In the case of tuberculosis, in transfer of bodily fluids, the period of time since the to any person known to member's last negative have sickness or medical tuberculosis skin test, the conditions derived from member has not been exposed, hepatitis, outside the outside the scope of the scope of the member's member's employment, to any employment; person known by the member (ii) Had a transfusion of blood to have tuberculosis. or blood components, other C. Immunization. Whenever any than a transfusion aris- standard, medically recognized vac- ing out of an accident or cine or other form of immunization injury happening in con- or prophylaxis exists for the preven- nection with the member's tion of a communicable disease for present employment, or which a presumption is granted received any blood under this section, if medically products for the treat- indicated in the given circumstances ment of a coagulation pursuant to immunization policies disorder since last established by the Advisory Commit - undergoing medical tests tee on Immunization Practices of for hepatitis, which tests the U.S. Public Health Service, an failed to indicate the pres- emergency rescue or public safety ence of hepatitis; member may be required by the city (iii) Engaged in unsafe sexual to undergo the immunization or practices or other high- prophylaxis unless the member's risk behavior, as identi- physician determines in writing that fied by the Centers for the immunization or other Disease Control or the prophylaxis would pose a significant Surgeon General of the risk to the member's health. Absent United States or had such written declaration, failure or sexual relations with a refusal by an emergency rescue or CD28:64 • PENSIONS AND RETIREMENT § 28-122 public safety member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption. d. Record of exposures. The city shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety member in its employ to the disease described in this section and shall immediately notify the member of such exposure. An emergency rescue or public safety member shall file an incident or accident report with the city of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. e. Required medical tests; preemploy- ment physical. In order to be entitled to the presumption provided by this section: 1. An emergency rescue or public safety member must, prior to diagnosis, have undergone standard, medically accept- able tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This subsection does not apply in the case of menin- gococcal meningitis. 2. On or after June 15, 1995, an emergency rescue or public safety member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. (3) Non -rebuttable conclusive cancer presump- tion. The provisions of F.S. § 112.1816 are hereby codified within the plan and are intended to be incorporated by refer- ence. The board of trustees may, if neces- sary, adopt uniform administrative rules for the conduct of hearings relating to this presumption and for the determina- tion of any disqualifying events as reflected in the statute. (c) Benefits not -in -line of duty. Any member with ten years or more credited service who shall become totally and permanently disabled to the extent that the member is unable, by reason of a medically determinable physical or mental impair- ment, to render useful and efficient service as a firefighter, which disability is not directly caused by the performance of the member's duties as a firefighter shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to the greater: (1) The member's accumulated contribu- tions at five percent interest; (2) 21/4 percent of average final compensa- tion times years of credited service earned prior to October 1, 2002, plus three percent of average final compensation times years of credited service earned on and after October 1, 2002; or (3) 25 percent of the member's average final compensation. A member determined to be totally and permanently disabled from a non -service -con- nected injury or disease and who has not completed ten years of service shall receive a return of accumulated contributions with five percent interest. Eligibility requirements for disability benefits are set forth in subsection (g) of this section. (d) Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the board, that such disability was not occasioned primarily by: (1) Excessive or habitual use of any drugs, intoxicants or narcotics. (2) Injury or disease sustained while will- fully and illegally participating in fights, riots or civil insurrections or while com- mitting a crime. CD28:65 § 28-122 CLERMONT CODE (3) Injury or disease sustained while serving (2) in any branch of the armed forces. (4) Injury or disease sustained by the member after the member's employment as a firefighter with the city shall have terminated. (5) Injury or disease sustained by the member while working for anyone other than the city and arising out of such employment. (e) Physical examination requirement. A member shall not become eligible for disability benefits until and unless the member undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. The board shall not select the member's treating physician or surgeon for this purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so. (1) Any retiree receiving disability benefits under provisions of this article may be required by the board to submit sworn statements of the member's condition accompanied by a physician's statement (provided at the retiree's expense) to the board annually and may be required by the board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has ceased to exist. If the board finds that the retiree is no longer permanently and totally disabled to the extent that the retiree is unable to render useful and efficient service as a firefighter, the board shall recommend to the city that the retiree be returned to performance of duty as a firefighter, and the retiree so returned shall enjoy the same rights that the retiree had at the time the retiree was placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the order within 30 days from the issuance thereof, the retiree shall forfeit the right to the retiree's pension. The cost of the physical examination and/or re-examination of the member claiming or the retiree receiving dis- ability benefits shall be borne by the fund. All other reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the fund. (3) If the retiree recovers from disability and reenters the service of the city as a firefighter, the member's service will be deemed to have been continuous, but the period beginning with the first month for which the retiree received a disability retirement income payment and ending with the date the retiree reentered the service of the city will not be considered as credited service for the purposes of the system. (4) The board shall have the power and authority to make the final decisions regarding all disability claims. (f) Disability payments. The monthly benefit to which a member is entitled in the event of the member's disability retirement shall be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable as of the date the board determined such entitle- ment, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: (1) If the retiree recovers from the disability, the payment due next preceding the date of such recovery; or (2) If the retiree dies without recovering from disability, the payment due next preceding the member's death or the 120th monthly payment, whichever is later; provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of I • CD28:66 PENSIONS AND RETIREMENT § 28-123 benefit payment as described in section and is not eligible for any other benefits under 28-124(a)(1) or (2), which shall be the actuarial this system, the member shall be entitled to the equivalent of the normal form of benefit. following: (g) Eligibility for disability benefits. (1) If the member has less than five years credited service upon termination, the (1) Subject to subsection (g)(2) of this sec- member shall be entitled to a refund of tion, only active members of the system the member's accumulated contributions on the date the board determines entitle- or the member may leave it deposited ment to a disability benefit are eligible with the fund. for disability benefits. (2) If the member has more than five, but a. Terminated persons, either vested less than ten years of credited service or non -vested, are not eligible for upon termination, the member shall be disability benefits. entitled to a monthly retirement benefit, b. If a member voluntarily terminates determined in the same manner as for the member's employment, either normal or early retirement and based before or after filing an application upon the members credited service, aver - for disability benefits, the member age final compensation, and the benefit is not eligible for disability benefits. accrual rate as of the date of termina- tion, payable to the member commencing C. If a member is terminated by the at the member's normal or early retire - city for any reason other than for ment date, based on the member's actual medical reasons, either before or years of credited service, provided the after the member files an applica- member does not elect to withdraw the tion for disability benefits, the member's accumulated contributions and member is not eligible for disability provided the member survives to the benefits. member's otherwise normal or early retire- ment date in accordance with the follow- (2) The only exception to subsection (g)(1) of ing schedule: this section is: a. If the member is terminated by the city for medical reasons and the member has already applied for dis- ability benefits before the medical termination; or Years of Service Vested Percentage 5 50 6 60 7 70 8 80 9 90 b. If the member is terminated by the For purposes of this section only, a member city for medical reasons and the may start drawing the member's vested member applies within 30 days after accrued benefit at age 55 years. An early the medical termination date. retirement deduction will be based on If either subsection (g)(2)a or b of this section the years between age 55 years and the applies, the member's application will be processed member's early retirement date. and fully considered by the board. (3) If the member has more than ten years of (Code 2008, § 46-108; Ord. No. 2021-012, § 4(exh. credited service upon termination, the B), 3-23-2021) member shall be entitled to a monthly retirement benefit, determined in the Sec. 28-123. Vesting. same manner as for normal or early retirement and based upon the member's If a member terminates employment as a credited service, average final compensa- firefighter, either voluntarily or by discharge, tion and the benefit accrual rate as of the CD28:67 § 28-123 CLERMONT CODE date of termination, payable to the member commencing at the member's normal or early retirement date, based upon the member's actual years of credited service, provided the member does not elect to withdraw the member's accumulated contributions and provided the member survives to the member's otherwise normal or early retirement date. (4) If the member does not withdraw the member's accumulated contributions and does not survive to the member's otherwise normal or early retirement date, the member's designated beneficiary shall be entitled to a benefit as provided herein for a deceased member, vested or eligible for retirement under pre -retirement death. (Code 2008, § 46-109; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-124. Optional forms of benefits. (a) In lieu of the amount and form of retire- ment income payable in the event of normal or early retirement as specified herein, a member, upon written request to the board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: (1) A retirement income of a monthly amount payable to the retiree for the member's lifetime only. (2) a. A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, 100 percent, 75 percent, 66213 percent or 50 percent of such monthly amount payable to a joint pensioner for the joint pensioner's lifetime. b. Except where the retiree's joint pensioner is the retiree's spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury Regulations. (See Q&A-2 of section 1.401(a)(9)-6.) (3) If a member retires prior to the time at which social security benefits are pay- able, the member may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the system, based upon the social security law in effect at the time of the member's retirement. (4) For members who do not participate in the DROP pursuant to section 28-144, the member may elect a percentage of benefit in a lump sum as follows: a. Five percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 95 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. b. Ten percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 90 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. C. 15 percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 85 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. d. 20 percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining 80 percent paid under the normal form or as per subsection (a)(1), (2), or (3) of this section. C • • CD28:68 PENSIONS AND RETIREMENT § 28-124 0 • • (b) The member, upon electing any option of this section, will designate the joint pensioner (subsection (a)(2) of this section) or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the system in the event of member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. A member may change the member's beneficiary at any time. If a member has elected an option with a joint pensioner and the member's retirement income benefits have commenced, the member may thereafter change the member's designated beneficiary at any time but may only change the member's joint pensioner twice. Subject to the restriction in the previous sentence, a member may substitute a new joint pensioner for a deceased joint pensioner. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculat- ing the new payment. (c) The consent of a member's or retiree's joint pensioner or beneficiary to any such change shall not be required. The rights of all previously designated beneficiaries to receive benefits under the system shall thereupon cease. (d) Upon change of a retiree's joint pensioner in accordance with this section, the amount of. the retirement income payable to the retiree shall be actuarially redetermined to take into account the age of the former joint pensioner, the new joint pensioner and the retiree and to ensure that the benefit paid is the actuarial equivalent of the present value of the retiree's then -current benefit at the time of the change. Any such retiree shall pay the actuarial recalcula- tion expenses. Each request for a change will be made in writing on a form prepared by the board and on completion will be filed with the board. In the event that no designated beneficiary survives the retiree, such benefits as are payable in the event of the death of the retiree subsequent to the retiree's retirement shall be paid as provided in section 28-125. (e) Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: (1) If a member dies prior to the member's normal retirement date or early retire- ment date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under section 28-121. (2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the system, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the member upon retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the member prior to retirement. (3) If both the retiree and the beneficiary (or beneficiaries) designated by member or retiree die before the full payment has been affected under any option providing for payments for a period certain and life thereafter, made pursuant to the provi- sions of subsection (a) of this section, the board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with section 28-125. (4) If a member continues beyond the member's normal retirement date pursu- ant to the provisions of section 28-120(a), and dies prior to the member's actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the member in the amount or amounts computed as if the member had retired under the option on the date on which the member's death occurred. CD28:69 § 28-124 CLERMONT CODE (5) The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 72 years (or 701/2 if that age was reached before December 31, 2019) or the calendar year in which the member terminates employment with the city. (f) A retiree may not change the member's retirement option after the date of cashing or depositing the member's first retirement check. (g) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of the monthly income pay- ments to be paid do not exceed $1,000.00. Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. (Code 2008, § 46-110; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-125. Beneficiaries. (a) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of the member's death. Each designation may be revoked or changed by such member or retiree by signing and filing with the board a new designation -of -beneficiary form. Upon such change, the rights of all previ- ously designated beneficiaries to receive any benefits under the system shall cease. (b) If a deceased member or retiree failed to name a beneficiary in the manner prescribed in subsection (a) of this section, or if the beneficiary named by a deceased member or retiree predeceases the member or retiree, the death benefit, if any, which may be payable under the system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree and the board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. (c) Any payment made to any person pursu- ant to this section shall operate as a complete discharge of all obligations under the system with regard to the deceased member and any other persons with rights under the system and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. (Code 2008, § 46-111; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28.126. Claims procedures. (a) The board shall establish administrative claims procedures to be utilized in processing written requests (claims), on matters which affect the substantial rights of any person (claimant), including members, retirees, beneficiaries, or any person affected by a decision of the board. (b) The board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the board's claims procedures. The claimant may request in writing the issuance of subpoenas by the board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in state statutes. (Code 2008, § 46-112; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-127. Reports to division of retire- ment. Each year and no later than March 15, the board shall file an annual report with the divi- sion of retirement containing the documents and information required by F.S. § 175.261. (Code 2008, § 46-113; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-128. Roster of retirees. The secretary of the board shall keep a record of all persons enjoying a pension under the provisions of this article in which it shall be noted the time when the pension is allowed and • l� u CD28:70 PENSIONS AND RETIREMENT § 28-129 0 • • when the same shall cease to be paid. Addition- annual benefit, using factors prescribed in ally, the secretary shall keep a record of all Treasury Regulations. If the form of the benefit members in such a manner as to show the name, without regard to any automatic benefit increase address, date of employment and date of termina- feature is not a straight life annuity or a quali- tion of employment. fied joint and survivor annuity, then the preced- (Code 2008, § 46-114; Ord. No. 2021-012, § 4(exh. ing sentence is applied by either reducing the B), 3-23-2021) code section 415(b) limit applicable at the annu- ity starting date or adjusting the form of benefit Sec. 28-129. Maximum pension. to an actuarially equivalent amount (determined using the assumptions specified in Treasury (a) Basic limitation. Regulations section 1.415(b)-1(c)(2)(ii)) that takes (1) Notwithstanding any other provisions of into account the additional benefits under the this system to the contrary, the member form of benefit as follows: contributions paid to, and retirement benefits paid from, the system shall be (1) For a benefit paid in a form to which limited to such extent as may be neces- section 417(e)(3) of the code does not sary to conform to the requirements of apply (generally, a monthly benefit), the code section 415 for a qualified retire- actuarially equivalent straight life annu- ment plan. Before January 1, 1995, a ity benefit that is the greater of: plan member may not receive an annual a. The annual amount of the straight benefit that exceeds the limits specified life annuity (if any) payable to the in code section 415(b), subject to the applicable adjustments in that section. member under the plan commenc- On and after January 1, 1995, a plan ing at the same annuity starting member may not receive an annual benefit date as the form of benefit to the that exceeds the dollar amount specified member; or in code section 415(b)(1)(A) ($160,000.00), b. The annual amount of the straight subject to the applicable adjustments in life annuity commencing at the same code section 415(b) and subject to any annuity starting date that has the additional limits that may be specified in same actuarial present value as the this system. For purposes of this section, form of benefit payable to the "limitation year" shall be the calendar member, computed using a five year. percent interest assumption (or the (2) For purposes of Code section 415(b), the applicable statutory interest assump- term "annual benefit" means a benefit tion); and payable annually in the form of a straight 1. For years prior to January 1, life annuity (with no ancillary benefits) 2009, the applicable mortality without regard to the benefit attribut- tables described in Treasury able to after-tax employee contributions Regulations section 1.417(e)- (except pursuant to code section 415(n) 1(d)(2) (Revenue Ruling and to rollover contributions (as defined 2001-62 or any subsequent in code section 415(b)(2)(A)). The "benefit Revenue Ruling modifying the attributable" shall be determined in applicable provisions of accordance with Treasury Regulations. Revenue Rulings 2001-62); and: (b) Adjustments to basic limitation for form of 2. For years after December 31, benefit. If the benefit under the plan is other 2008, the applicable mortality than the annual benefit described in subsection tables described in section (a) of this section, then the benefit shall be 417(e)(3)(B) of the code (Notice adjusted so that it is the equivalent of the 2008-85 or any subsequent CD28:71 § 28-129 CLERMONT CODE Internal Revenue Service guid- ance implementing section 417(e)(3)(B) of the code); or (2) For a benefit paid in a form to which section 417(e)(3) of the code applies (gener- ally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest of: a. The annual amount of the straight life annuity commencing at the annu- ity starting date that has the same actuarial present value as the particular form of benefit payable, computed using the interest rate and mortality table, or tabular factor, specified in the plan for actuarial experience; b. The annual amount of the straight life annuity commencing at the annu- ity starting date that has the same actuarial present value as the particular form of benefit payable, computed using a 51/2 percent inter- est assumption (or the applicable statutory interest assumption); and 1. For years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulations section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provi- sions of Revenue Ruling 2001- 62); and 2. For years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guid- ance implementing section 417(e)(3)(B) of the code); or C. The annual amount of the straight life annuity commencing at the annu- ity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable inter- est rate for the distribution under Treasury Regulation section 1.417(e)- 1(d)(3) (the 30-year Treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after Janu- ary 1, 2007, using the rate in effect for the first day of the plan year with a one-year stabilization period)); and 1. For years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulations section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provi- sions of Revenue Ruling 2001- 62); and 2. For years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guid- ance implementing section 417(e)(3)(B) of the code), divided by 1.05; (3) The actuary may adjust the section 415(b) limit at the annuity starting date in accordance with subsections (b)(1) and (2) of this section. (c) Benefits not taken into account. For purposes of this section, the following benefits shall not be taken into account in applying these limits: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under section 415(b)(2) of the code and regula- tions thereunder to be taken into account for purposes of the limitation of code section 415(b)(1)); and �J • l� u CD28:72 • • PENSIONS AND RETIREMENT § 28-129 (3) That portion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity. (d) COLA effect. Effective on and after Janu- ary 1, 2003, for purposes of applying the limits under code section 415(b) (the limit), the follow- ing will apply: (1) (2) (3) A member's applicable limit will be applied to the member's annual benefit in the member's first limitation year of benefit payments without regard to any automatic cost of living adjustments; Thereafter, in any subsequent limitation year, a member's annual benefit, includ- ing any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the code section 415(b)(1)(A) dollar limit under code section 415(d), and the regula- tions thereunder; but In no event shall a member's benefit payable under the system in any limita- tion year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursu- ant to code section 415(d) and the regula- tions thereunder. Unless otherwise specified in the system, for purposes of applying the limits under code sec- tion 415(b), a member's applicable limit will be applied taking into consideration cost of living increases as required by section 415(b) of the code and applicable Treasury Regulations. (e) Other adjustments in limitations. (1) In the event the member's retirement benefits become payable before age 62 years, the limit prescribed by this section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of code section 415(b) of the code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a $160,000.00 annual benefit beginning at age 62 years. (2) In the event the member's benefit is based on at least 15 years of credited service as a full-time employee of the fire or police department of the city, the adjustments provided for in subsection (e)(1) of this section shall not apply. (3) The reductions provided for in subsection (e)(1) of this section shall not be applicable to disability benefits pursuant to section 28-122, or pre -retirement death benefits paid pursuant to section 28-121. (4) In the event the member's retirement benefit becomes payable after age 65 years, for purposes of determining whether this benefit meets the limit set forth in subsection (a) of this section, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age 65 years. This adjustment shall be made in accordance with regulations promulgated by the secretary of the treasury or delegate. (f) Less than ten years of participation. The maximum retirement benefits payable under this section to any member who has completed less than ten years of participation shall be the amount determined under subsection (a) of this section multiplied by a fraction, the numerator of which is the number of the member's years of participation and the denominator of which is ten. The reduction provided by this subsection cannot reduce the maximum benefit below ten percent of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre - retirement disability benefits paid pursuant to section 28-122, or pre -retirement death benefits paid pursuant to section 28-121. (g) Participation in other defined benefit plans. The limit of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in code section 4140) maintained by the city shall apply as if the total benefits payable under all city defined benefit plans in which the member has been a member were payable from one plan. CD28:73 § 28-129 CLERMONT CODE (h) $10,000.00 limit; less than ten years of service. Notwithstanding anything in this sec- tion, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the city contributes, do not exceed $10,000.00 for the applicable limita- tion year and for any prior limitation year and the city has not any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten years of credited service with the city, the limit under this subsection shall be a reduced limit equal to $10,000.00 multiplied by a fraction, the numera- tor of which is the number of the member's years of credited service and the denominator of which is ten. (i) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduc- tion to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administra- tor for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. 0) Service credit purchase limits. (1) Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a member makes one or more contribu- tions to purchase permissive service credit under the system, as allowed in sections 28-139 and 28-140, then the require- ments of this section will be treated as met only if: a. The requirements of code section 415(b) are met, determined by treat- ing the accrued benefit derived from all such contributions as an annual benefit for purposes of code section 415(b); or b. The requirements of code section 415(c) are met, determined by treat- ing all such contributions as annual additions for purposes of code sec- tion 415(c). For purposes of applying subsection Q)(1)a of this section, the system will not fail to meet the reduced limit under code sec- tion 415(b)(2)(C) solely by reason of this subsection, and for purposes of applying to subsection Q)(1)b of this section, the system will not fail to meet the percent- age limitation under section 415(c)(1)(B) of the code solely by reason of this subsec- tion. (2) For purposes of this subsection, the term "permissive service credit" means service credit: a. Recognized by the system for purposes of calculating a member's benefit under the plan; b. Which such member has not received under the plan; and C. Which such member may receive only by making a voluntary additional contribution, in an amount determined under the system, which does not exceed the amount neces- sary to fund the benefit attributable to such service credit. Effective for permissive service credit contribu- tions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding clause subsection Q)(2)b of this section, may include service credited • • 1� u CD28:74 PENSIONS AND RETIREMENT § 28-129 in order to provide an increased benefit for tion for the limitation year will also service credit which a member is receiving under include compensation paid by the the system. later of 2'/2 months after an employee's severance from employ- (k) Contribution limits. ment or the end of the limitation (1) For purposes of applying the code section year that includes the date of the 415(c) limits which are incorporated by employee's severance from employ - reference and for purposes of this subsec- ment if. tion (k), only and for no other purpose, 1. The payment is regular the definition of compensation where compensation for services applicable will be compensation actually during the employee's regular paid or made available during a limita- working hours, or compensa- tion year, except as noted below and as tion for services outside the permitted by Treasury Regulations sec- employee's regular working tion 1.415(c)-2, or successor regulations. hours (such as overtime or shift Unless another definition of compensa- differential), commissions, tion that is permitted by Treasury Regula- bonuses or other similar pay- tions section 1.415(c)-2, or successor ments, and, absent a sever - regulation, is specified by the system, ance from employment, the compensation will be defined as wages payments would have been paid within the meaning of code section 3401(a) to the employee while the and all other payments of compensation employee continued in employ - to an employee by an employer for which the employer is required to furnish the ment with the employer; or 2. The payment is for unused employee a written statement under code accrued bona fide sick, vaca- sections 6041(d), 6051(a)(3) and 6052 tion or other leave that the and will be determined without regard to employee would have been able any rules under code section 3401(a) that to use if employment had limit the remuneration included in wages continued. based on the nature or location of the employment or the services performed C. Back pay, within the meaning of (such as the exception for agricultural Treasury Regulations section labor in code section 3401(a)(2). 1.415(c)-2(g)(8), shall be treated as compensation for the limitation year a. However, for limitation years begin- to which the back pay relates to the ning after December 31, 1997, extent the back pay represents wages compensation will also include and compensation that would amounts that would otherwise be otherwise be included under this included in compensation but for an definition. election under code section 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or (2) Notwithstanding any other provision of 457(b). For limitation years begin- law to the contrary, the board may modify ning after December 31, 2000, a request by a member to make a contribu- compensation will also include any tion to the system if the amount of the elective amounts that are not includ- contribution would exceed the limits ible in the gross income of the provided in code section 415 by using the employee by reason of code section following methods: 132(f)(4). a. If the law requires a lump sum b. For limitation years beginning on payment for the purchase of service and after January 1, 2007, compensa- credit, the board may establish a CD28:75 § 28-129 CLERMONT CODE periodic payment deduction plan for the member to avoid a contribution in excess of the limits under code section 415(c) or 415(n). b. If payment pursuant to subsection (k)(2)a of this section will not avoid a contribution in excess of the limits imposed by code section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (3) If the annual additions for any member for a limitation year exceed the limita- tion under section 415(c) of the code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). (4) For limitation years beginning on or after January 1, 2009, a member's compensa- tion for purposes of this subsection (k) shall not exceed the annual limit under section 401(a)(17) of the code. (1) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pen- sion payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed 100 percent of the member's aver- age final compensation. However, noth- ing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of - living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restric- tion does not apply to social security benefits or federal benefits under chapter 1223, title 10, U.S. Code. (m) Effect of direct rollover on 415(b) limit. If the plan accepts a direct rollover of an employee's or former employee's benefit from a defined contribution plan qualified under code section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more favorable actuarial basis than required under code section 417(e) shall be included in the annual benefit for purposes of the limit under code section 415(b). (Code 2008, § 46-115; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-130. Minimum distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpreta- tion of the requirements of code section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of code section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determin- ing required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this sec- tion will take precedence over any inconsistent provisions of the plan. (3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this section other than this subsection (3), distributions may be made under a designation made before January 1,1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to section 242(b)(2) of TEFRA. • • • CD28:76 PENSIONS AND RETIREMENT § 28-130 (b) Time and manner of distribution. d. If the member's surviving spouse is the member's sole designated (1) Required beginning date. The member's beneficiary and the surviving spouse entire interest will be distributed, or dies after the member but before begin to be distributed, to the member no distributions to the surviving spouse later than the member's required begin- begin, this subsection (b)(2), other ning date which shall not be later than than subsection (b)(2)a of this sec - April 1 of the calendar year following the tion, will apply as if the surviving later of the calendar year in which the spouse were the member. member attains age 72 years (or 701/2 if that age was reached before December For purposes of this subsection (2), 31, 2019) or the calendar year in which distributions are considered to begin on the member terminates employment with the member's required beginning date or, the city. if subsection (b)(2)d of this section applies, the date of distributions are required to (2) Death of member before distributions begin to the surviving spouse under begin. If the member dies before distribu- subsection (b)(2)a of this section. If annu- tions begin, the member's entire interest ity payments irrevocably commence to will be distributed, or begin to be the member before the member's required distributed no later than as follows: beginning date (or to the member's surviv- ing spouse before the date distributions a. If the member's surviving spouse is are required to begin to the surviving the member's sole designated spouse under subsection (b)(2)a of this beneficiary, then distributions to the surviving spouse will begin by section) the date distributions are considered to begin is the date distribu- December 31 of the calendar year tions actually commence. immediately following the calendar year in which the member died, or (3) Death after distributions begin. If the by a date on or before December 31 member dies after the required distribu- of the calendar year in which the tion of benefits has begun, the remaining member would have attained age 72 portion of the member's interest must be years (or 701/2 if that age was reached distributed at least as rapidly as under before December 31, 2019), if later, the method of distribution before the as the surviving spouse elects. member's death. b. If the member's surviving spouse is (4) Form of distribution. Unless the member's not the member's sole designated interest is distributed in the form of an beneficiary, then, distributions to annuity purchased from an insurance the designated beneficiary will begin company or in a single sum on or before by December 31 of the calendar the required beginning date, as of the year immediately following the first distribution calendar year distribu- calendar year in which the member tions will be made in accordance with died. this section. If the member's interest is distributed in the form of an annuity C. If there is no designated beneficiary purchased from an insurance company, as of September 30 of the year distributions thereunder will be made in following the year of the member's accordance with the requirements of sec - death, the member's entire interest tion 401(a)(9) of the code and Treasury will be distributed by December 31 Regulations. Any part of the member's of the calendar year containing the interest which is in the form of an fifth anniversary of the member's individual account described in section death. 414(k) of the code will be distributed in a CD28:77 § 28-130 CLERMONT CODE manner satisfying the requirements of section 401(a)(9) of the code and Treasury Regulations that apply to individual accounts. (c) Determination of amount to be distributed each year. (1) General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the follow- ing requirements: a. The annuity distributions will be paid in periodic payments made at intervals not longer than one year. b. The member's entire interest must be distributed pursuant to section 28-120, 28-121, 28-123, or 28-124 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. (2) Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under section 28-121) is the payment that is required for one pay- ment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. (3) Additional accruals after first distribu- tion calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of code section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribu- tion incidental benefit rule under Treasury Regulations section 1.401(a)(9)-6, Q&A-2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in code section 401(a)(9)(G) and Treasury Regulations section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25 percent of the cost for all of the members' benefits received from the retirement system. (e) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a)(9) of the code and section 1.401(a)(9)-1, Q&A-4, of the Treasury Regulations. (2) Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first • • • CD28:78 PENSIONS AND RETIREMENT § 28-131 0 • • distribution calendar year is the calendar year immediately preceding the calendar year which contains the member's required beginning date. For distribu- tions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to section 28-121. (Code 2008, § 46-116; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-131. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No reduction of accrued benefits. No amend- ment or ordinance shall be adopted by the city council which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the code for a qualified plan under code section 401(a) and a Governmental Plan Under code section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of the code as now in effect or hereafter amended, or any other applicable provisions of the U.S. Federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (d) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. (e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by code section 503(b). (f) USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by code section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of the term "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting. (1) Member will be 100 percent vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and (2) A member will be 100 percent vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. (h) Electronic forms. In those circumstances where a written election or consent is not required by the plan or the Code, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treasury Regulations section 1.401(a)-21. (i) Compliance with F.S. ch. 175. It is intended that the system will continue to qualify for funding under F.S. § 175.091 determined based upon the member's actual years of credited service. Accordingly, unless otherwise required by law, any provision of the system which violates the requirements of F.S. ch. 175, as amended from time to time, shall be superseded by and administered in accordance with the require- ments of such chapter. Q) IRS compliance. (1) It is intended that the plan be administered at all times in accordance with the provisions of the Internal Revenue Code and the corresponding Treasury Regulations applicable to a governmental defined benefit retirement plan. CD28:79 § 28-131 CLERMONT CODE (2) In recognition of the changing require- ments of plan qualification, the board shall adopt an administrative policy set- ting forth the required provisions for tax qualification. Such a policy shall be amended by the Board as required to maintain continuing compliance with the Internal Revenue Code and that policy and any amendments shall have the force of law as if adopted by the city commission. (k) Missing benefit recipients. The system shall follow the procedures outlined in the IRS Employee Plans Compliance Resolution System (EPCRS) Program and other applicable IRS guid- ance to locate any missing individuals to whom a full unreduced benefit payment is due and if, at the conclusion of such efforts, the individual cannot be located, the existing procedure of cancelling payments otherwise due (provided that, if the individual is later located, the benefits due shall be paid) will apply. (Code 2008, § 46-117; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-132. Repeal or termination of system. (a) This article establishing the system and fund, and subsequent ordinances pertaining to said system and fund, may be modified, terminated, or amended, in whole or in part, provided that, if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the member or beneficiary shall not be affected thereby. (b) If this article shall be repealed, or if contributions to the system are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in F.S. ch. 121, the board shall continue to administer the system in accordance with the provisions of this article, for the sole benefit of the then members, any beneficiaries then receiv- ing retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this article who are designated by any of said members. In the event of repeal, discontinuance of contributions, or transfer, merger or consolidation of government units, services or functions, there shall be full vesting 100 percent of benefits accrued to date of repeal and such benefits shall be nonforfeitable. (c) The fund shall be distributed in accordance with the following procedures: (1) The board shall determine the date of distribution and the asset value required to fund all the nonforfeitable benefits after taking into account the expenses of such distribution. The board shall inform the city if additional assets are required, in which event the city shall continue to financially support the plan until all nonforfeitable benefits have been funded. (2) The board shall determine the method of distribution of the asset value, whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each firefighter entitled to benefits under the plan as specified in subsection (c)(3) of this section. (3) The board shall distribute the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount required to provide any given retirement income is the actuarially computed single -sum value of such retirement income, except that if the method of distribution determined under subsection (c)(2) of this section involves the purchase of an insured annu- ity, the amount required to provide the given retirement income is the single premium payable for such annuity. The actuarial single -sum value may not be less than the firefighter's accumulated contributions to the plan, with interest, if provided by the plan, less the value of any plan benefits previously paid to the firefighter. (4) If there is asset value remaining after the full distribution specified in subsec- 0 1� u CD28:80 PENSIONS AND RETIREMENT § 28-134 0 • • tion (c)(3) of this section, and after the payment of any expenses incurred with such distribution, such excess shall be returned to the city, less return to the state of the state's contributions, provided that, if the excess is less than the total contributions made by the city and the state to date of termination of the plan, such excess shall be divided proportionately to the total contributions made by the city and the state. (5) The board shall distribute, in accordance with subsection (c)(2) of this section, the amounts determined under subsection (c)(3) of this section. If, after 24 months after the date the plan terminated or the date the board received writ- ten notice that the contributions thereunder were being permanently discontinued, the city or the board of the fund affected has not complied with all the provisions in this section, the state department of management services will affect the termination of the fund in accordance with this section. (Code 2008, § 46-118; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-133. Domestic relations orders; retiree directed payments; exemption from execution, non -assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic rela- tions order which affects or purports to affect the system's responsibility in con- nection with the payment of benefits of a retiree, the member or retiree shall submit the proposed order to the board for review to determine whether the system may legally honor the order. (2) If a domestic relations order is not submit- ted to the board for review prior to entry of the order, and the system is ordered to take action that it may not legally take, and the system expends administrative or legal fees in resolving the matter, the member or retiree who submits such an order will be required to reimburse the system for its expenses in connection with the order. (b) Retiree directed payments. The board may, upon written request by a retiree or by a dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the city, to pay the certified bargaining agent of the city, to make payment to insurance companies for insurance premiums as permitted by F.S. ch. 175 and to make any payments for child support or alimony. (c) Exemption from execution, non -assignabil- ity. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this article and the accumulated contributions and the cash securities in the fund created under this article are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassign- able. (Code 2008, § 46-119; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-134. Pension validity. The board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this article if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this article be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the board. (Code 2008, § 46-120; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) CD28:81 § 28-135 Sec. 28-135. Forfeiture of pension. CLERMONT CODE (a) Any member who is convicted of the fol- lowing offenses committed prior to retirement, or whose employment is terminated by reason of the member's admitted commission, aid or abet- ment of the following specified offenses, shall forfeit all rights and benefits under this system, except for the return of the member's accumulated contributions as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft by a public officer or employee from employer; (3) Bribery in connection with the employ- ment of a public officer or employee; (4) Any felony specified in F.S. ch. 838; (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which the member acts or in which the member is employed, of the right to receive the faithful performance of the member's duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for the member or for some other person through the use or attempted use of the power, rights, privileges, duties or position of the member's public office or employment position; or (7) The committing on or after October 1, 2008, of any felony defined in F.S. § 800.04, against a victim younger than 16 years of age, or any felony defined in F.S. ch. 794, against a victim younger than 18 years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or posi- tion of the member's public office or employment position. (b) Conviction shall be defined as an adjudica- tion of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceed- ing involving the alleged commission of a speci- fied offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present the member's case against forfeiture. (d) Any member who has received benefits from the system in excess of the member's accumulated contributions after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received in excess of the member's accumulated contribu- tions. The board may implement all legal action necessary to recover such funds. (Code 2008, § 46-121; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-136. Conviction and forfeiture; false, misleading or fraudulent statements. (a) It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the system. (b) In addition to any applicable criminal penalty, upon conviction for a violation described in subsection (a) of this section, a member or beneficiary of the system may, in the discretion of the board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the system. For purposes of this subsection, the term "convic- • CD28:82 PENSIONS AND RETIREMENT § 28-138 0 • • tion" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (Code 2008, § 46-122; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-137. Indemnification. (a) To the extent not covered by insurance contracts in force from time to time, the city shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litiga- tion, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. (b) This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this section waive any provision of law affording the city immunity from any suit in whole or part, or waive any other substantive or procedural rights the city may have. (c) This section shall not apply nor shall the city be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. (Code 2008, § 46-123; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-138. Direct transfers of eligible rollover distributions. (a) Rollover distributions. (1) General. This section applies to distribu- tions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribu- tion paid directly to an eligible retire- ment plan specified by the distributee in a direct rollover. (2) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different mean- ing: Direct rollover means a payment by the plan to the eligible retirement plan specified by the distributee. Distributee means and includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a nonspouse beneficiary who is a designated beneficiary as defined by code section 401(a)(9)(E). However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribu- tion and the account or annuity will be treated as an "inherited" individual retire- ment account or annuity. Eligible retirement plan means an individual retirement account described in section 408(a) of the code; an individual retirement annuity described in section 408(b) of the code; an annuity plan described in section 403(a) of the code; effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the code which is maintained by an eligible employer described in section 457(e)(1)(A) of the code and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in CD28:83 § 28-138 CLERMONT CODE section 403(b) of the code; a qualified trust described in section 401(a) of the code; or effective January 1, 2008, a Roth IRA described in section 408A of the code, that accepts the distributee's eligible rollover distribution. This definition shall also apply in the case of an eligible rollover distribution to the surviving spouse. Eligible rollover distribution means any distribution of all or any portion of the balance to the credit of the distribu- tee, except that an eligible rollover distribution does not include: any distribu- tion that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectan- cies) of the distributee and the distribu- tee's designated beneficiary, or for a specified period often years or more; any distribution to the extent such distribu- tion is required under section 401(a)(9) of the code and the portion of any distribu- tion that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includ- ible in gross income as after-tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a); to an individual retirement annuity described in section 408(b); to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribu- tion which is includible in gross income and the portion of such distribution which is not so includible; or on or after Janu- ary 1, 2007, to a qualified defined benefit plan described in code section 401(a) or to an annuity contract described in code section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribu- tion that is includible in gross income and the portion of the distribution that is not so includible. (b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible member requested transfers of funds from other retire- ment or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: (1) Transfers and direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribu- tion or a member contribution of an eligible rollover distribution from a quali- fied plan described in section 401(a) or 403(a) of the code, from an annuity contract described in section 403(b) of the code or from an eligible plan under section 457(b) of the code which is maintained by a state, political subdivi- sion of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. (2) Member rollover contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribu- tion from an individual retirement account or annuity described in section 408(a) or 408(b) of the code that is eligible to be rolled over. (c) Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this plan provides for a mandatory (involuntary) cash distribution from the plan not otherwise required by law, for an amount in excess of $1,000.00, such distribution shall be made from the plan only upon written request of the member and completion by the l� u • 1� u CD28:84 PENSIONS AND RETIREMENT § 28-140 0 �J • member of a written election on forms designated by the board, to either receive a cash lump sum or to rollover the lump sum amount. (Code 2008, § 46-124; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-139. Family and Medical Leave Act. The fractional parts of the 12-month period ending each March 1 that a member is on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA) shall be added to the member's credited service, provided that: (1) The member contributes to the fund the sum that the member would have contributed, based on the member's salary and the member contribution rate in effect at the time that the credited service is requested, had the member been a member of the system for the years or fractional parts of years for which the member is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) The request for credited service for FMLA leave time for the 12-month period prior to each March 1 and payment of profes- sional fees shall be made on or before March 31. (3) Payment by the member of the required amount shall be made on or before April 30 for the preceding 12-month period ending March 1 and shall be made in one lump sum payment upon receipt of which credited service shall be issued. (4) Credited service purchased pursuant to this section shall not count toward vest- ing. (Code 2008, § 46-125; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-140. Military service prior to employment. The years or fractional parts of years that a firefighter serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the city fire department shall be added to the firefighter's years of credited service, provided that: (1) The member contributes to the fund the sum that the member would have contributed, based on the member's salary and the member contribution rate in effect at the time that the credited service is requested, had the member been a member of the system for the years or fractional parts of years for which the member is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund, plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. a. The member salary used as the initial salary for the projected salary will be the salary for the member for the year preceding each purchase of service credits. b. The calculation of the full actuarial cost will be made using the assump- tions used in the actuarial valua- tion performed prior to the purchase of the service credits. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the member of the required amount shall be made within six months of the member's request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given or the member may elect to make payment for the requested credited CD28:85 § 28-140 CLERMONT CODE service over a period of time as provided for in subsection (6) of this section. Vested members may use their share account balance to purchase this permissive service as provided for in section 28-143(12) of this system. The transfer of these share account funds does not convert the share account funds to employee contributions under this system. (4) The maximum credit under this section, combined with section 28-141, prior firefighter service, shall be five years. (5) Credited service purchased pursuant to this section shall count for vesting, benefit accrual, and for satisfying service require- ments for benefits. (6) In lieu of the lump sum payment provided for in subsection (3) of this section, a member may elect to make payments over a period of time in order to fully pay the amount provided for in subsection (1) of this section. The member shall be required to notify the board, in writing, of the member's election to make pay- ments in the manner provided for in this subsection. The payment plan provided for in this subsection shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in subsection (1) of this section. b. The original principal amount shall be amortized over the period begin- ning with the first payment and ending no later than 60 months from the date of the first payment and shall be re -amortized annually to reflect changes in the interest rate provided for in subsection (6)c of this section. C. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into any deferred retirement option plan (DROP)) or otherwise terminates the member's employment, without having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of the member's death or termination of employment. f. In the event that the member's employment is terminated for any reason and the member is not entitled to any benefit from the system other than the return of the amounts the member has had deducted from the member's paycheck as the member's normal contribution to the system, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to the member including all interest paid, however, no interest shall accrue on amounts paid to purchase service. (Code 2008, § 46-126; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-141. Prior firefighter service. Unless otherwise prohibited by law, and except as provided for in section 28-115, the years or fractional parts of years that a member previ- ously served as a full-time firefighter with the city during a period of previous employment and for which period accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a member served as a full-time firefighter for any other municipal, county or state law enforcement department in the state shall be added to the member's years of credited service, provided that: (1) The member contributes to the fund the sum that the member would have • CD28:86 PENSIONS AND RETIREMENT § 28-141 0 • u contributed, based on the member's salary and the member contribution rate in effect at the time that the credited service is requested, had the member been a member of the system for the years or fractional parts of years for which the member is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (5) a. The member salary used as the initial salary for the projected salary (6) will be the salary for the member for the year preceding each purchase of service credits. b. The calculation of the full actuarial cost will be made using the assump- tions used in the actuarial valua- tion performed prior to the purchase of the service credits. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the firefighter of the required amount shall be made within six months of the firefighter's request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given, or the member may elect to make payment for the requested credited service over a period of time as provided for in subsection (7) of this section. Vested members may use their share account balance to purchase this permissive service as provided for in section 28-143(12) of this system. The transfer of these share account funds does not convert the share account funds to employee contributions under this system. (4) The maximum credit under this section for service other than with the city, combined with section 28-140, prior military service, shall be five years of credited service and shall count for all purposes. There shall be no maximum purchase of credit for prior service with the city and such credit shall count for all purposes, including vesting. In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement depart- ment, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retire- ment system or plan as set forth in section 28-129(1)(2). For purposes of determining credit for prior service as a firefighter as provided for in this section, in addition to service as a firefighter in this state, credit may be purchased by the member in the same manner as provided above for federal, other state, county or municipal service if the prior service is recognized by the division of state fire marshal, as provided in F.S. ch. 633 or the firefighter provides proof to the board that such service is equivalent to the service required to meet the definition of a firefighter under section 28-115. (7) In lieu of the lump sum payment provided for in subsection (3) of this section, a member may elect to make payments over a period of time in order to fully pay the amount provided for in subsection (1) of this subsection. The member shall be required to notify the board, in writing, of the member's election to make pay- ments in the manner provided for in this subsection. The payment plan provided for in this subsection shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in subsection (1) of this section. b. The original principal amount shall be amortized over the period begin- ning with the first payment and ending no later than 60 months from the date of the first payment CD28:87 § 28-141 CLERMONT CODE and shall be reamortized annually to reflect changes in the interest rate provided for in subsection Mc of this section. C. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into any deferred retirement option plan (DROP)) or otherwise terminates the member's employment, without having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of the member's death or termination of employment. f. In the event that the member's employment is terminated for any reason and the member is not entitled to any benefit from the system other than the return of the amounts the member has had deducted from the member's paycheck as a normal contribution to the system, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to the member including all interest paid, however, no inter- est shall accrue on amounts paid to purchase service. (Code 2008, § 46-127; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-142. Reemployment after retire- ment. (a) Benefits not affected. Any retiree who is retired under this may be reemployed by any public or private employer and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this system. Notwithstand- ing the previous sentence, reemployment by the city shall be subject to the limitations set forth in this section. (b) After normal retirement. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed as a firefighter after that retirement and, by virtue of that reemployment, is eligible to participate in this system, shall upon being reemployed discontinue receipt of benefits. Upon reemployment, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retire- ment shall be based upon the benefit accrual rate, average final compensation, and credited service as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employment period), and credited service as of the date of subsequent retirement. The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. (c) Reemployment by the city. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the city after that retirement and, by virtue of that reemployment, is ineligible to participate in this system shall, during the period of such reemploy- ment, continue receipt of benefits during any subsequent employment period. • • CD28:88 PENSIONS AND RETIREMENT § 28-143 0 • • (d) After early retirement. Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity shall discontinue receipt of benefits from the system. If by virtue of that reemployment, the retiree is eligible to participate in this system, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retire- ment shall be based upon the benefit accrual rate, average final compensation, credited service and early retirement reduction factor as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employment period), and credited service as of the date of subsequent retirement. The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retire- ment shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. Retirement pursuant to an early retirement incentive program shall be deemed early retire- ment for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the system at the time of retirement. (e) After disability retirement. (1) Subject to subsection (e)(2) of this sec- tion, any retiree who is retired under section 28-122 may, subject to this subsec- tion (e), physical examination require- ment, of that section, be reemployed by any public or private employer, and may receive compensation from that employ- ment without limiting or restricting in any way, the retirement benefits payable under this system, unless such disability retiree is rehired as a firefighter or performing services which are similar to firefighting services. (2) Any disability retiree who subsequently becomes an employee of the city in any capacity, except as a firefighter, shall discontinue receipt of disability benefits from the system for the period of any such employment. (3) If a disability retiree is reemployed as a firefighter for the city, the firefighter's disability benefit shall cease, and section 28-122 shall apply. (f) Reemployment of terminated vested persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provi- sions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (g) DROP participants. Retirees who were in the deferred retirement option plan shall, follow- ing termination of employment after DROP participation, have the options provided for in this section for reemployment. (Code 2008, § 46-128; Ord. No. 2021-012, § 4(exh. B), 3-23-2021) Sec. 28-143. Supplemental benefit component for special benefits; chapter 175 share accounts. There was established, effective January 24, 2017, an additional plan component to provide special benefits in the form of a supplemental retirement, termination, death and disability benefit to be in addition to the benefits provided for in the previous sections of this plan, such benefit to be funded solely and entirely by F.S. ch. 175, premium tax monies for each plan year which are allocated to this supplemental CD28:89 § 28-143 CLERMONT CODE component as provided for in F.S. § 175.351. Effective January 24, 2017, the city shall use 100 percent of all future chapter 175 annual distribu- tions up to the amount received in the 2012 calendar year ($188,967.00) and 50 percent of any future annual amount in excess of the 2012 calendar year distribution to fund the normal cost of the pension plan. The remaining 50 percent of any future annual amounts in excess of the 2012 calendar year distribution shall be allocated to this supplemental component (share plan), and shall be further allocated to the members and DROP participants as follows: (1) Individual member share accounts. The board shall create individual member share accounts for all actively employed plan members and DROP participants and maintain appropriate books and records showing the respective interest of each member or DROP participant hereunder. Each member or DROP participant shall have a member share account for the member's share of the F.S. ch. 175 tax revenues described above, forfeitures and income and expense adjust- ments relating thereto. The board shall maintain separate member share accounts; however, the maintenance of separate accounts is for accounting purposes only and a segregation of the assets of the trust fund to each account shall not be required or permitted. (2) Share account funding. a. Individual member share accounts were established as of January 24, 2017, for all members and DROP participants who were actively employed as of January 24, 2017. Individual member share accounts shall be credited with an allocation as provided for in the following subsection (3) of this section of any premium tax monies which have been allocated to the share plan for that plan year, beginning with the plan year ending September 30, 2015. b. Any forfeitures as provided in subsec- tion (4) of this section, shall be used as part of future allocations to the individual member share accounts in accordance with the formula set forth in subsection (3)a of this sec- tion. (3) Allocation of monies to share accounts. a. Allocation of chapter 175 contribu- tions. 1. Initial allocation. Effective January 24, 2017, the amount of any premium tax monies allocated to the share plan were allocated to individual member share accounts based on their completed months of credited service in proportion to the combined completed months of credited service of all participants. All premium tax monies allocated to the share plan in any subsequent plan year shall be allocated as provided for in this subsection. Available premium tax monies shall be allocated to individual member share accounts at the end of each plan year on September 30 (a valuation date). To be eligible for a distribution, an individual member must be employed on September 30. 2. Annual allocations. On each valuation date, each current actively employed member of the plan not participating in the DROP, each DROP participant and each retiree who retires or DROP participant who has terminated DROP participation in the plan year ending on the valuation date (including each disability retiree), or beneficiary of a deceased member (not includ- ing terminated vested persons) who is otherwise eligible for an • �J CD28:90 PENSIONS AND RETIREMENT § 28-143 0 • allocation as of the valuation date shall receive a share allocation as follows: (i) The total funds subject to allocation on each valua- tion date shall be divided equally among those persons eligible for an allocation and allocated to the member share account of those eligible for an allocation. (ii) Re-employed retirees shall be deemed new employees and shall receive an allocation based solely on the credited service in the reemployment period. b. Allocation of investment gains and losses. 1. On each valuation date, each individual member share account shall be adjusted to reflect the net earnings or losses resulting from investments during the year. The net earn- ings or losses allocated to the individual member share accounts shall be the same percentage which is earned or lost by the total plan invest- ments, including realized and unrealized gains or losses, net of brokerage commissions, transaction costs and manage- ment fees. 2. Net earnings or losses are determined as of the last busi- ness day of the fiscal year, (4) which is the valuation date, and are debited or credited as of such date. 3. For purposes of calculating net earnings or losses on a member's share account pursu- ant to this subsection, broker- age commissions, transaction costs, and management fees for the immediately preceding fiscal year shall be determined for each year by the invest- ment consultant pursuant to contracts with fund managers as reported in the custodial statement. The investment consultant shall report these annual contractual fees to the board. The investment consultant shall also report the net investment return for each manager and the net invest- ment return for the total plan assets. C. Allocation of costs, fees and expenses. The board of trustees shall pay all costs and expenses for the manage- ment and operation for the current fiscal year and shall set aside as much of the income as it considers advisable as a reserve for expenses for the next fiscal year. d. No right to allocation. The fact of allocation or credit of an allocation to a member's share account by the board shall not vest in any member, any right, title, or interest in the assets of the trust or in the chapter 175 tax revenues except at the time or times, to the extent, and subject to the terms and conditions provided in this section. e. Members and drop participants shall be provided annual statements set- ting forth their share account bal- ance as of the end of the plan year. Forfeitures. Any member who has less than five years of service credit and who is not otherwise eligible for payment of benefits after termination of employ- ment with the city as provided for in subsection (5) of this section shall forfeit the member's individual member share account. Forfeited amounts shall be included and used as part of the chapter 175 tax revenues for future allocations to individual member share accounts on CD28:91 § 28-143 CLERMONT CODE each valuation date in accordance with member shall be entitled to the formula set forth in subsection (3)a of 100 percent of the value of the this section. member's share account. (5) Eligibility for benefits. Any member (or 2. Such payment shall be made beneficiary) or DROP participant who as provided in subsection (6) of terminates employment as a firefighter this section. with the city or who dies, upon applica- d. Death benefit. tion filed with the board, shall be entitled 1. In the event that a member or to be paid the value of the member's DROP participant dies while individual member share account, subject actively employed as a to the following criteria: firefighter, 100 percent of the a. Retirement benefit. value of the member's share account shall be paid to themember's 1. A member shall be entitled to designated 100 percent of the value of the beneficiary as provided in sec- member's share account upon tion 28-121. normal or early retirement pursuant to section 28-120, or 2. Such payment shall be made if the member enters the DROP, as provided in subsection (6) of upon termination of employ- this section. ment. (6) Payment of benefits. If a member or DROP 2. Such payment shall be made participant terminates employment for as provided in subsection (6) of any reason or dies and the member or the this section. member's beneficiary is otherwise entitled to receive the balance in the member's b. Termination benefit. share account, the member's share account 1. In the event that a member's shall be valued by the plan's actuary on employment as a firefighter is the next valuation date as provided for in terminated by reason other subsection (3) of this section, following than retirement, death or dis- termination of employment. Payment of ability, the member shall be the calculated share account balance shall entitled to receive 100 percent be payable as soon as administratively of the value of the member's practicable following the valuation date, share account, but only if the but not later than 150 days following the member is either partially or valuation date and shall be paid in one totally vested in accordance lump sum payment. No optional forms of with section 28-123. payments shall be permitted. 2. Such payment shall be made (7) Benefits not guaranteed. All benefits pay - as provided in subsection (6) of able under this section 28-143 shall be this section. paid only from the assets accounted for C. Disability benefit. in individual member share accounts. Neither the city nor the board shall have 1. In the event that a member is any duty or liability to furnish any determined to be eligible for additional funds, securities or other assets either an in -line of duty dis- to fund share account benefits. Neither ability benefit pursuant to sec- the board nor any trustee shall be liable tion 28-122(a) or a not -in -line for the making, retention, or sale of any of duty disability benefit pursu- investment or reinvestment made as ant to section 28-122(c), the herein provided, nor for any loss or • • CD28:92 PENSIONS AND RETIREMENT § 28-144 diminishment of the member share Sec. 28-144. Deferred retirement option account balances, except due to the plan (DROP). member's, city's, or board's own negligence, (a) Definitions. The following words, terms willful misconduct or lack of good faith. and phrases, when used in this section, shall All investments shall be made by the have the meanings ascribed to them in this board subject to the restrictions otherwise subsection, except where the context clearly applicable to fund investments. indicates a different meaning: (8) Notional account. The member share DROP means the City of Clermont Firefight- account is a notional account, used only ers' Retirement Plan Deferred Retirement Option plan. for the purpose of calculation of the share distribution amount. It is not a separate DROP account means the account established account in the system. There is no change for each DROP participant under subsection (c) in the system's assets, and there is no of this section. distribution available to the member or (b) Participation. DROP participant until the member's or DROP participant's termination from (1) Eligibility to participate. In lieu of employment. The member or DROP terminating the member's employment participant has no control over the invest- as a firefighter, any member who is went of the share account. eligible for normal retirement under the system may elect to defer receipt of such (9) No employer discretion. The share account service retirement pension and toparticipate in the DROP. benefit is determined pursuant to a specific formula which does not involve (2) Election to participate. A member's elec- employer discretion. tion to participate in the DROP must be made in writing in a time and manner (10) Maximum additions. Notwithstanding any determined by the board and shall be other provision of this section, annual effective on the first day of the firstcalendar additions under this section shall not month which is at least 15 exceed the limitations of section 415(c) of business days after it is received by the board. the code pursuant to the provisions of section 28-129(k). (3) Period of participation. A member who elects to participate in the DROP under (11) IRC limit. The share account distribu- subsection (b)(2) of this section shall tion, along with other benefits payable participate in the DROP for a period not from the system, is subject to limitation to exceed 60 months beginning at the under Internal Revenue Code section time the member's election to participate 415(b). in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign (12) Use for permissive service purchase. Vested from the service of the city not later than members may use their share account the date provided for in the previous balance to purchase permissive service sentence. A member may participate only as defined in sections 28-140 and 28-141 once. of this system. The transfer of these funds does not convert the share account (4) Termination of participation. funds to employee contributions under a. A member's participation in the this system. (Code 2008, § 46-129; Ord. No. 2021-012, § 4(exh. DROP shall cease at the earlier of: 1. The end of the member's B), 3-23-2021) permissible period of participa- CD28:93 § 28-144 CLERMONT CODE tion in the DROP as determined under subsection (b)(3) of this section; or 2. Termination of the member's employment as a firefighter. b. Upon the member's termination of participation in the DROP, pursu- ant to subsection (b)(4)a.1 of this section, all amounts provided for in subsection (c)(2) of this section, including monthly benefits and investment earnings and losses or interest, shall cease to be transferred from the system to the member's DROP account. Any amounts remaining in the member's DROP account shall be paid to the member in accordance with the provisions of subsection (d) of this section when the member terminates the member's employment as a firefighter. C. A member who terminates the member's participation in the DROP under this subsection (4) shall not be permitted to again become a participant in the DROP. (5) Effect ofDROPparticipation on the system. a. A member's credited service and the member's accrued benefit under the system shall be determined on the date the member's election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating the member's average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal retire- ment and not elected DROP participation. Member contribu- tions attributable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any supplemental benefit payable to DROP participants or any additional benefits provided under any cost -of - living adjustment for retirees in the system) while the member is a participant in the DROP. After a member commences participation, the member shall not be permitted to again contribute to the system nor shall the member be eligible for disability or pre -retirement death benefits, except as provided for in section 28-142. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member's participation in the DROP is terminated other than by terminating the member's employment as a firefighter, no amounts shall be paid to the member from the system until the member terminates the member's employ- ment as a firefighter. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP account shall be paid directly to the member only on the termination of the member's employment as a firefighter. (c) Funding. (1) Establishment of DROP account. A DROP account shall be established for each member participating in the DROP. A member's DROP account shall consist of amounts transferred to the DROP under subsection (c)(2) of this section, and earn- ings or interest on those amounts. a. The credited service and vesting credits of a participant in the DROP shall remain as they existed on the effective date of the DROP. The • • CD28:94 PENSIONS AND RETIREMENT § 28-144 0 • DROP participant is not eligible for any additional credited service or increases in salary after entry into DROP. b. Payment for accrued unused leave earned before February 14, 2014, shall be made, at the option of the participant: 1. When commencing participa- tion in the DROP; 2. As the leave is actually used during participation in the DROP; or 3. When the participant actually terminates employment with the city. (2) Transfers from retirement system. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retire- ment benefit the member would have received under the system had the member terminated the member's employment as a firefighter and elected to receive monthly benefit payments thereunder shall be transferred to the member's DROP account, except as otherwise provided for in subsection (b)(4)b of this sec- tion. A member's period of participa- tion in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (4) of this section, but in no event shall it continue past the date the member terminates the member's employ- ment as a firefighter. b. Except as otherwise provided in subsection (b)(4)b of this section, a member's DROP account under this subsection (2) shall be credited with interest at an effective rate of 6'/2 percent per annum compounded monthly determined on the last busi- ness day of the prior month's ending balance and credited to the member's DROP account as of such date (to be applicable to all current and future DROP participants). C. A member's DROP account shall only be credited with interest and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon termination of participation in the DROP shall be the value of the account at the end of the month immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous month, and prior to distribution. If a member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employ- ment following the last month of the permissible period of DROP participation, the member's DROP account will no longer be credited with interest, nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the fire department, and no cost -of -living adjustments shall be applied to the member's credit during such period of continued employment. A member employed by the fire department after the permissible period of DROP participation will still not be eligible for pre -retirement death or dis- ability benefits and will not accrue additional credited service except as provided for in section 28-142. (d) Distribution of DROP accounts on termina- tion of employment. (1) Eligibility for benefits. A member shall receive the balance in the member's DROP account within 30 days after the end of CD28:95 § 28-144 CLERMONT CODE any calendar quarter following termina- receive a cash lump sum, a partial lump tion of employment in accordance with sum and partial rollover amount, or a the provisions of this subsection (d) upon rollover of the full lump sum amount. the member's termination of employ- (4) Proof of death and right of beneficiary or ment as a firefighter. Except as provided other person. The board may require and in subsection (d)(5) of this section, no rely upon such proof of death and such amounts shall be paid to a member from evidence of the right of any beneficiary or the DROP prior to the member's termina- other person to receive the value of a tion of employment as a firefighter. deceased member's DROP account as the (2) Form of distribution. board may deem proper and its determina- tion of the right of that beneficiary or a. Distribution of the member's DROP other person to receive payment shall be account shall be made in a lump conclusive. sum, subject to the direct rollover (5) Distribution limitation. Notwithstand- provisions set forth in subsection ing any other provision of this subsection (d)(6) of this section; or (d), all distributions from the DROP shall b. The member may elect to have a conform to the "minimum distribution of partial lump sum amount paid to benefits" provisions as provided for herein. the member or a surviving (6) Direct rollover of certain distributions. beneficiary, less taxes, with the This subsection applies to distributions remainder of the distribution of the made on or after January 1, 2002. member's DROP account made in a Notwithstanding any provision of the lump sum, subject to the rollover DROP to the contrary, a distributee may provisions set forth in subsection elect to have any portion of an eligible (d)(6) of this section. rollover distribution paid in a direct Elections under this subsection (d)(2) rollover as otherwise provided under the shall be in writing and shall be made in system in section 28-138. such time or manner as the board shall (e) Administration of DROP. determine. Notwithstanding the preced- ing, if a member dies before the member's (1) Board administers the DROP. The general benefit is paid, the member's DROP administration of the DROP, the account shall be paid to the member's responsibility for carrying out the provi- beneficiary in such optional form as the sions of the DROP and the responsibility member's beneficiary may select. If no of overseeing the investment of the beneficiary designation is made, the DROP DROP's assets shall be placed in the account shall be distributed to the board. The members of the board may member's estate. appoint from their number such subcom- mittees with such powers as they shall (3) Date of payment of distribution. Except determine; may adopt such administra- as otherwise provided in this subsection tive procedures and regulations as they (d), distribution of a member's DROP deem desirable for the conduct of their account shall be made as soon as affairs; may authorize one or more of administratively practicable following the their number or any agent to execute or member's termination of employment. deliver any instrument or make any pay - Distribution of the amount in a member's ment on their behalf; may retain counsel, DROP account will not be made unless employ agents and provide for such cleri- the member completes a written request cal, accounting, actuarial and consulting for distribution and a written election, on services as they may require in carrying forms designated by the board, to either out the provisions of the DROP; and may l� u • CD28:96 PENSIONS AND RETIREMENT § 28-144 0 • • allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to the trustee. (2) Individual accounts, records and reports. The board shall maintain records show- ing the operation and condition of the DROP, including records showing the individual balances in each member's DROP account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. (3) Establishment of rules. Subject to the limitations of the DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The board shall have discretionary authority to construe and interpret the DROP (includ- ing, but not limited to, determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General provisions. (1) The DROP is not a separate retirement plan. Instead, it is a program under which a member who is eligible for normal retirement under the system may elect to accrue future retirement benefits in the manner provided in this section 28-144 for the remainder of the member's employ- ment, rather than in the normal manner provided under the plan. Upon termina- tion of employment, a member is entitled to a lump sum distribution of the member's DROP account balance or may elect a rollover. The DROP account distribution is in addition to the member's monthly benefit. (2) Notional account. The DROP account established for such a member is a notional account, used only for the purpose of calculation of the DROP distribution amount. It is not a separate account in the system. There is no change in the system's assets, and there is no distribu- tion available to the member until the member's termination from the DROP. The member has no control over the investment of the DROP account. CD28:97 § 28-144 CLERMONT CODE (3) No employer discretion. The DROP benefit filed with the board in a time and is determined pursuant to a specific manner determined by the board formula which does not involve employer under rules uniformly applicable to discretion. all employees similarly situated. The board reserves the right to change (4) IRC limit. The DROP account distribu- from time to time the manner for tion, along with other benefits payable making notifications, elections or from the system, is subject to limitation designations by members under the under Internal Revenue Code section DROP if it determines after due 415(b). deliberation that such action is justi- (5) Amendment of DROP. The DROP may be fied in that it improves the amended by an ordinance of the city at administration of the DROP. In the any time and from time to time, and event of a conflict between the provi- retroactively if deemed necessary or sions for making an election, notifica- appropriate, to amend in whole or in part tion or designation set forth in the any or all of the provisions of the DROP. DROP and such new administrative However, except as otherwise provided procedures, those new administra- by law, no amendment shall make it tive procedures shall prevail. possible for any part of the DROP's funds b. Each member or retiree who has a to be used for, or diverted to, purposes DROP account shall be responsible other than for the exclusive benefit of for furnishing the board with the persons entitled to benefits under the member's current address and any DROP. No amendment shall be made subsequent changes in the member's which has the effect of decreasing the address. Any notice required to be balance of the DROP account of any given to a member or Retiree member. hereunder shall be deemed given if directed to the member or retiree at (6) Facility of payment. If a member or other the last such address given to the person entitled to a benefit under the board and mailed by registered or DROP is unable to care for the member's certified United States mail. If any affairs because of illness or accident or is check mailed by registered or certi- a minor, the board shall direct that any fied United States mail to such benefit due the member shall be made address is returned, mailing of only to a duly appointed legal representa- checks will be suspended until such tive. Any payment so made shall be a time as the member or retiree noti- complete discharge of the liabilities of fies the board of the member's the DROP for that benefit. address. (7) Information. Each member, beneficiary (9) Benefits not guaranteed. All benefits pay - or other person entitled to a benefit, able to a member from the DROP shall before any benefit shall be payable to the be paid only from the assets of the member or on the member's account under member's DROP account and neither the the DROP, shall file with the board the city nor the board shall have any duty or information that it shall require to liability to furnish the DROP with any establish the member's rights and benefits funds, securities or other assets except to under the DROP. the extent required by any applicable law. (8) Written elections, notification. (10) Construction. a. Any elections, notifications or a. The DROP shall be construed, designations made by a member regulated and administered under pursuant to the provisions of the the laws of Florida, except where DROP shall be made in writing and other applicable law controls. �J • CD28:98 PENSIONS AND RETIREMENT 0 b. The titles and headings of the subsec- tions in this section are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. (11) Forfeiture of retirement benefits. Nothing in this section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the system. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (12) Effect of DROP participation on employ- ment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. (Code 2008, § 46-130; Ord. No. 2021-012, § 4(exh. isB), 3-23-2021) • § 28-144 CD28:99 I • • Chapter 29 RESERVED CD29:1 • Chapter 30 SOLID WASTE* Article I. In General Sec. 30-1. Definitions. Sec. 30-2. Garbage containers. Secs. 30-3--30-22. Reserved. Article H. Collection and Disposal Sec. 30-23. By city. Sec. 30-24. Supervised by director. Sec. 30-25. Precollection practices. Sec. 30-26. Frequency of collection. Sec. 30-27. Limitation of quantity. Sec. 30-28. Special refuse problems. Sec. 30-29. Collection by actual producers and outside collectors. Sec. 30-30. Refuse property of city. Sec. 30-31. Fees; billing and payment. Sec. 30-32. Exception for outside collectors. *State law references —Florida Litter Law, F.S. § 403.413; resource recovery and management, F.S. § 403.702 et seq.; local government solid waste responsibilities, F.S. § 403.706. CD30:1 • • SOLID WASTE § 30-24 ARTICLE I. IN GENERAL Sec. 30-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Director means the director of public services of the city. Garbage means animal and vegetable wastes resulting from the handling, preparation, cook- ing and consumption of food and all other waste materials resulting from the normal manage- ment of a domicile or food handling establish- ment. Refuse means all solid wastes, except body wastes, including garbage and trash and dead animals. Trash means worthless or waste matter of any kind generally resulting from yard maintenance. (Code 1962, § 10-1; Code 1998, § 50-1; Code 2008, § 50-1; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-2. Garbage containers. (a) Assignment. Except for commercial refuse contractors, containers shall be issued by the city. The containers shall be assigned to the physical property address and shall remain the property of the city. (b) Responsibility for replacement, repair and maintenance. The containers issued by the city shall be the only container used or accepted by the city for garbage collection and recycling unless otherwise authorized by the city manager. The resident occupying the physical address for which the container is assigned shall be responsible for the container and shall reimburse the city for costs associated with replacement or repair due to a negligent act of the resident. The city shall be responsible for normal maintenance of the container. (c) Use. Containers shall be used only for garbage collection purposes and for no other uses. (d) Utilization of utility service deposits. Util- ity service deposits on record with the city may be utilized to reimburse the city, where applicable, for damaged or misplaced containers. (e) Placement and removal of residential solid waste containers and recycling containers. Solid waste and recycling containers in residential areas shall be placed at the curbside collection point no earlier than 6:00 a.m. of the day prior to scheduled collection and shall be removed no later than 6:00 a.m. of the day after the actual collection. (Code 1962, § 10-4(c); Code 1998, § 50-2; Code 2008, § 50-2; Ord. No. 278-C, § 1, 7-13-1993; Ord. No. 372-C, § 1, 11-10-2009) Secs. 30-3-30-22. Reserved. ARTICLE II. COLLECTION AND DISPOSAL Sec. 30-23. By city. All refuse accumulated in the city shall be collected, conveyed and disposed of by the city. No person not employed by or under a franchise agreement with the city shall collect, convey over any of the streets or alleys of the city or dispose of any refuse accumulated in the city. (Code 1962, § 10-2; Code 1998, § 50-31; Code 2008, § 50-31; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-24. Supervised by director. All garbage or trash accumulated in the city shall be collected, conveyed and disposed of by the city under the supervision of the director. The director of public services shall have the authority to make regulations concerning the days of collection, type and location of garbage containers and such other matters pertaining to the collection, conveyance and disposal as the director shall find necessary and to change and modify the same, subject to the approval of the city manager and the city council, and provided such regulations are not contrary to the provi- sions of this article. (Code 1962, § 10-3; Code 1998, § 50-32; Code 2008, § 50-32; Ord. No. 238-C, § 1, 12-13-1983) CD30:3 § 30-25 Sec. 30-25. Precollection practices. CLERMONT CODE (a) Separation of garbage and trash. Garbage and trash shall be placed and maintained in separate containers. (b) Preparation of garbage and refuse. All garbage and refuse, before being placed in garbage cans for collection, shall have drained from it all free liquids and may be wrapped in paper. Tree trimmings, hedge clippings and similar material shall be cut to a length not to exceed four feet. (c) Storing of refuse. No person shall place any refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, within the city, unless it is in proper containers for collection or under express approval granted by the director. Nor shall any person throw or deposit any refuse in any stream or other body of water. Any unauthorized accumulation of refuse on any premises is herewith declared to be a nuisance and is prohibited. No person shall cast, place, sweep or deposit anywhere within the city any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the city. The burning of refuse is prohibited within the city limits, except as approved by the fire chief in accordance with appropriate state and local laws. (d) Points of collection. Refuse containers shall be placed for collection on the property at the place designated by the director. At no time may they be placed within the curb boundaries or on the improved paved or hard -surfaced area of any street, public way, alley or thoroughfare in the city. (Code 1962, § 10-4; Code 1998, § 50-33; Code 2008, § 50-33; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-26. Frequency of collection. Refuse accumulated by residents shall be collected at least once each week. Hotels, restaurants and such other businesses and institu- tions as deem it necessary may enter into an agreement for a greater frequency of collection. Where necessary to protect the public health, the director shall have the authority to require that more frequent collections be made. Otherwise, a minimum of one weekly collection shall be made. (Code 1962, § 10-5(a); Code 1998, § 50-34; Code 2008, § 50-34; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-27. Limitation of quantity. (a) The director shall collect up to 60 gallons of refuse from each dwelling unit each time a collection is made. Trash shall be collected as long as it is properly bagged or cut. Tree limbs exceeding six inches in diameter shall not be collected. (b) The director shall have the authority to refuse to collect unreasonable amounts of trash or refuse that does not meet the standards of this article or policies of the city. Such trash shall be removed by the owner. (c) The director shall have the authority to refuse service to multifamily residences or com- mercial customers when such customers cannot meet the standards of this article, and require they obtain containerized collection. Container- ized collection customers are not eligible for trash collection. (Code 1962, § 10-5(b); Code 1998, § 50-35; Code 2008, § 50-35; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-28. Special refuse problems. (a) Contagious disease. The removal of wear- ing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the director. Such refuse shall not be placed in containers for regular collections. (b) Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the director at the expense of the owner or possessor of such materials. (c) Construction wastes. Owners of all property on which buildings of any kind are being constructed shall remove all refuse, trees, limbs and all other rubbish, including rubbish accumulated thereon during construction. is • • CD30:4 SOLID WASTE § 30-32 0 • (d) Accumulation of trash. An excessive accumulation of trash such as trees, limbs and branches from trees, trimmings or other rubbish from pruning of trees, plants, hedges, etc., shall be removed by the owner at the owner's expense when so notified by the director. (e) Failure of owner to remove. Whenever the director shall so notify the owner and the owner shall fail or refuse for any reason to remove the excessive accumulated trash, the director may cause the trash to be removed from the property pursuant to the procedures prescribed in chapter 18, article III, and direct the city clerk to bill the owner in the usual manner for the monthly billing of garbage and trash. If not paid, the city may enforce collection, claim a lien upon the premises and enforce the lien, as provided under the appropriate statutes of the state, or the city may take action under section 1-7. (Code 1962, § 10-5(c); Code 1998, § 50-36; Code 2008, § 50-36; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-29. Collection by actual producers and outside collectors. (a) The actual producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not included in the definition of the term "refuse," and collectors of refuse from outside the city who desire to haul over the streets of the city shall use a watertight vehicle provided with a tight cover and so oper- ated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. All refuse and garbage must be disposed of at an approved sanitary landfill. (b) The director shall have the authority to make such other reasonable regulations concern- ing individual collection and disposal and relat- ing to the hauling of refuse over city streets by outside collectors as the director shall find neces- sary, subject to the approval of the city manager and the city council. (Code 1962, § 10-5(d); Code 1998, § 50-37; Code 2008, § 50-37; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-30. Refuse property of city. Ownership of refuse material set out for col- lection shall be vested in the city. (Code 1962, § 10-5(e); Code 1998, § 50-38; Code 2008, § 50-38; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-31. Fees; billing and payment. (a) The fees for collection and disposal of refuse placed for collection shall be adopted by the city council by resolution and are on file in the city clerk's office. (b) All collection fees shall be billed by the city, together with and as a part of the monthly utility bill, and these fees shall not be payable until the utility bill payment is due. The council may designate this bill as water and sanitation, although set out separately from the water and sewer account on the bill. Delinquency of these fees shall be equal to and the same as being delinquent for water billed, and the city may discontinue water service until these fees are fully paid. Likewise, discontinuance of water service shall also result in discontinuance of the services provided in this article. (c) All accounts delinquent for a period of 30 days are subject to stoppage of the service under this article without further notice. The stoppage of services authorized in this section for nonpay- ment of collection charges shall be in addition to the right of the city to proceed for the collection of such unpaid charges in a manner provided by law for the collection of a municipal claim or lien. (Code 1962, § 10-6; Code 1998, § 50-39; Code 2008, § 50-39; Ord. No. 238-C, § 1, 12-13-1983) Sec. 30-32. Exception for outside collec- tors. This article shall not prohibit collectors of garbage or trash from outside the city from hauling such garbage or trash over the city streets, provided such collectors comply with the provisions of this article and with any other governing laws or ordinances. (Code 1962, § 10-7; Code 1998, § 50-40; Code 2008, § 50-40; Ord. No. 238-C, § 1, 12-13-1983) CD30:5 • • • Chapter 31 RESERVED CD31:1 • is Chapter 32 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* Article I. In General Sec. 32-1. Placing articles or obstructions on streets or sidewalks; notice to remove. Sec. 32-2. Trees and shrubbery on city rights -of -way. Seca. 32-3-32-22. Reserved. Article II. Streets Division 1. Generally Secs. 32-23-32-47. Reserved. Division 2. Closing Sec. 32-48. Purpose of division. Sec. 32-49. Definitions. Sec. 32-50. Procedure. Sec. 32-51. Retention of utility easement. Sec. 32-52. Recording of ordinances closing and abandoning streets. Secs. 32-53-32-77. Reserved. Division 3. Construction Standards Sec. 32-78. Purpose of division. Sec. 32-79. Definitions. Sec. 32-80. Penalty for violation of division. Sec. 32-81. Applicable specifications. Sec. 32-82. Clearing and grubbing. Sec. 32-83. Grading. Sec. 32-84. Subgrade stabilization; lime rock base. Sec. 32-85. Prime coat; surface treatment. Sec. 32-86. Cross section drawing of minimum specifications. Sec. 32-87. Drainage structures. Sec. 32-88. Cleanup and inspection; acceptance. Sec. 32-89. General guarantee. Sec. 32-90. Driveway construction standards. Sec. 32-91. Street curb construction standards. Sec. 32-92. Sidewalk construction and repair. Sec. 32-93. Interpretation of street construction standards. Secs. 32-94-32-114. Reserved. Article III. Motion Photography Permitting Sec. 32-115. Definitions. Sec. 32-116. Permit required. Sec. 32-117. Application for permit. Sec. 32-118. Standards for issuance of permits; rules and procedures. Sec. 32-119. Costs of extraordinary services. *State law references -Supplemental and alternative method of making local municipal improvements, F.S. ch. 170; municipal public works, F.S. ch. 180; closing and abandonment of roads, F.S. § 336.09 et seq.; Trench Safety Act, F.S. § 553.60 et seq. CD32:1 CLERMONT CODE 0 Sec. 32-120. Exemptions from other county ordinances or zoning resolution requirements. Sec. 32-121. Penalties. Secs. 32-122-32-140. Reserved. Article IV Special Events Sec. 32-141. Purpose and intent. Sec. 32-142. Definitions. Sec. 32-143. Permit required; exemptions. Sec. 32-144. Application of permit. Sec. 32-145. Police protection. Sec. 32-146. Fire protection and emergency medical services. Sec. 32-147. Limitations. Sec. 32-148. Distribution of materials on city property. Secs. 32-149-32-179. Reserved. Article V. Downtown and Waterfront Entertainment District Sec. 32-180. Purpose. Sec. 32-181. District boundaries. Sec. 32-182. Outside consumption in the entertainment district. Sec. 32-183. Hours for music and entertainment. Sec. 32-184. Games, sporting events and entertainment. Sec. 32-185. Authorized temporary closures. • CD32:2 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-49 0 • ARTICLE I. IN GENERAL Sec. 32-1. Placing articles or obstructions on streets or sidewalks; notice to remove. (a) No person shall cause to be placed, or place or allow to remain in front of the person's premises any merchandise, goods or showcases, barrels, wagons, carts, signs, advertisements, or articles of any description, on any sidewalk or street within the limits of the city, except as allowed under chapter 125. (b) All streets, pavements and sidewalks shall be kept clean, free from rubbish and weeds, by the several landowners and the occupants of premises abutting thereon. (c) If any such streets, pavements or sidewalks become, in any manner, dangerous or detrimental to the health or reasonable convenience of citizens, or become obstructed by trash or weeds, it shall be the duty of the city to give notice to the owner or occupant, or the recognized agent of either, requiring such owner or occupant, as the case may be, to remove any and all obstructions thereon, within ten days of receipt of the notice; and should any such owner or occupant refuse to make such repairs, or remove such obstructions within such time, the owner or occupant shall, upon conviction, be punished as provided by section 1-7, and such repairs shall be made, or such obstructions removed, at the expense of the abutting owner. (Code 1962, §§ 19-45, 19-46; Code 1998, § 54-1; Code 2008, § 54-1; Ord. No. 222-C, § 3, 3-23- 1982) Sec. 32-2. Trees and shrubbery on city rights -of -way. (a) Placement; city approval required. No trees, shrubbery, or rock gardens and other landscap- ing may be placed on the city right-of-way or property without the approval of the city. (b) Cutting; approval required. It shall be unlawful for any person to cut down or trim limbs or foliage from any tree or shrubbery located upon the streets, avenues, and highways, or upon any other property of the city without the approval of the city manager. (c) Cutting without permit prohibited; excep- tion. It shall be a violation of this section to cut or trim any such trees or shrubbery as are hereby protected without a permit, and it shall otherwise be such a violation to cut or trim any such trees or shrubbery in those cases where a permit has been granted, except such as are expressly provided for in the permit. The provi- sions of this section shall not, however, be construed to apply to employees of the city in the discharge of their duties. (Code 1962, §§ 19-47-19-49; Code 1998, § 54-2; Code 2008, § 54-2; Ord. No. 222-C, §§ 1-3, 3-23-1982) Secs. 32-3-32-22. Reserved. ARTICLE II. STREETS DIVISION 1. GENERALLY Secs. 32-23-32-47. Reserved. DIVISION 2. CLOSING* Sec. 32-48. Purpose of division. The purpose of this division is to establish an orderly procedure for closing and permanently abandoning municipal streets within the city. (Code 1962, § 19-1; Code 1998, § 54-46; Code 2008, § 54-46; Ord. No. 96-C, § 1, 8-28-1973) Sec. 32-49. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Street means any public street, avenue, road, alley, highway, lane, path or other public way *State law reference —Closing and abandonment of roads, F.S. § 336.09 et seq. CD32:3 § 32-49 CLERMONT CODE located in the city as shown on any of the various maps and plats of the city, recorded in the county public records. (Code 1962, § 19-1; Code 1998, § 54-47; Code 2008, § 54-47; Ord. No. 96-C, § 1, 8-28-1973) Sec. 32-50. Procedure. (a) Filing of petition; information required. Whenever anyone who is the owner of or has any legal interest in property abutting a street within the city shall desire that the street be closed and permanently abandoned, the person shall file a petition at the office of the city clerk setting forth the following information: (1) The petitioner's full name and mailing address. (2) The legal description of the petitioner's property involved. (3) A plot plan, schematic drawing of the property involved, showing the location of that portion of the street requested to be closed and permanently abandoned, and including a survey of the property and street involved if deemed necessary by the city council or the city attorney. (4) The purpose for which the street is requested to be closed. (5) The names and mailing addresses of all property owners abutting the portion of the street requested to be closed and abandoned. (b) Filing fee; notice; hearing; notification of property owners. When a petition containing the information described in subsection (a) of this section is filed with the city clerk, along with the filing fee established by resolution of the council and on file in the city clerk's office, the clerk shall forthwith cause notice of the petition to be published as a legal notice in a local newspaper, no less than ten days prior to the date set for a hearing on the petition, and shall enter the matter on the agenda of the next regular meet- ing of the city council if the meeting is ten or more days forthcoming. Otherwise, the matter shall be advertised and set for hearing at the following regular meeting wherein ten days' notice could be given; furthermore, all property owners abutting that portion of the affected street shall be individually notified by an official letter from the city, stating the conditions of the request. (c) Council action. At the regularly scheduled city council meeting wherein the requested street closing appears on the agenda, the city council will act upon the requested street closing. Upon motion and second of the city council, an ordinance may be introduced and passed, as provided by law, closing and permanently abandoning all or any portion of the street requested to be closed by the petition. Such ordinance shall be introduced and passed according to law. (Code 1962, § 19-2; Code 1998, § 54-48; Code 2008, § 54-48; Ord. No. 96-C, § 2, 8-28-1973) Sec. 32-51. Retention of utility easement. Whenever it shall appear to the city council that the city does not have a utility easement along the street requested to be closed, the city shall retain a utility easement on any street closed and permanently abandoned pursuant to the provisions of this division. (Code 1962, § 19-3; Code 1998, § 54-49; Code 2008, § 54-49; Ord. No. 96-C, § 3, 8-28-1973) Sec. 32-52. Recording of ordinances clos- ing and abandoning streets. Any municipal ordinance duly passed as provided by law, which closes and permanently abandons any street within the city, shall be recorded by the city clerk in the public records of the county. (Code 1962, § 19-4; Code 1998, § 54-50; Code 2008, § 54-50; Ord. No. 96-C, § 4, 8-28-1973) Secs. 32-53-32-77. Reserved. DIVISION 3. CONSTRUCTION STANDARDS* Sec. 32-78. Purpose of division. The purpose of this division is to establish minimum standards or specifications for the *State law reference —Uniform minimum standards for design, construction, and maintenance of public streets, etc., F.S. § 336.045. is • CD32:4 • • STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-84 construction of all streets within the city, or in adjacent subdivisions which may be annexed to the city. (Code 1962, § 19-12; Code 1998, § 54-66; Code 2008, § 54-66; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-79. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Owner means any person and respective agents or contractors, as well as the one responsible for the construction of the street. Street means any public street, avenue, road, alley, highway, lane, path or other public place located in the city and established for use of any type of vehicle. (Code 1962, § 19-12; Code 1998, § 54-67; Code 2008, § 54-67; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-80. Penalty for violation of divi- sion. Any person violating any provisions of this division shall not receive the final approval or acceptance of such unlawful construction, and the city will not assume the maintenance of such construction. (Code 1962, § 19-27; Code 1998, § 54-68; Code 2008, § 54-68; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-81. Applicable specifications. All work to be performed under this division shall conform to the requirements of all standard specifications of the city, including the city subdivi- sion ordinance and to all applicable specif ca- tions of the state department of transportation. The latest published edition of the standard specifications and amendments of the state depart- ment of transportation is made a part of this division and shall be considered as included in this section. Before any street construction work can commence, plans and specifications must be approved by the city engineer. (Code 1962, § 19-14; Code 1998, § 54-69; Code 2008, § 54-69; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-82. Clearing and grubbing. The entire area of the street rights -of -way shall be cleared, except that certain trees, to be designated by the city, shall be left in place. It shall be the owner's responsibility to remove and satisfactorily dispose of all large roots, stumps and/or other objectionable or deleterious mate- rial encountered during the course of the grading and paving operations. (Code 1962, § 19-15; Code 1998, § 54-70; Code 2008, § 54-70; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-83. Grading. The owner shall perform all grading required to construct the street pavement to the grades and typical sections shown on the plans. In all cases, grading shall be performed for the full width of the rights -of -way. Where low building areas occur, they may be filled to provide drain- age to the street if the owner of such area so desires. In all areas, the ground surface shall slope uniformly from the property line to the top of the curb and shall drain to the curb. All surplus excavation shall be disposed of by the owner. (Code 1962, § 19-16; Code 1998, § 54-71; Code 2008, § 54-71; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-84. Subgrade stabilization; lime rock base. (a) The street cross section shall be designed to withstand anticipated loads. The subgrade for the proposed pavement shall be stabilized to a depth of six inches below the bottom of the base course by the addition and mixing of acceptable clay with the existing material. The owner shall add to and mix with the existing material suf- ficient clay to provide a bearing value of the stabilized material of not less than LBR 40 at 98 percent density, modified proctor. Borings and bearing value tests will be made by the owner, and the stabilization must be approved before construction of the base course. Stabilization shall be carried to six inches beyond the back of the curbs, and curbs shall be poured on the stabilized subgrade. Nothing contained in this section shall prevent the use of lime rock in place of clay or other approved stabilization materials. CD32:5 § 32-84 CLERMONT CODE (b) The owner shall construct on the approved stabilized subgrade a six-inch compacted lime rock base course compacted to 98 percent density, modified proctor. (Code 1962, § 19-17; Code 1998, § 54-72; Code 2008, § 54-72; Ord. No. 164, §§ 6, 8, 12-20-1957; Ord. No. 90-C, § 3, 3-27-1973; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-85. Prime coat; surface treatment. Upon completion and approval of the lime rock base course, the owner shall apply a prime coat of the approved type and thickness and then apply a Type II asphaltic -concrete wearing surface at 95 percent density. (Code 1962, § 19-18; Code 1998, § 54-73; Code 2008, § 54-73; Ord. No. 164, §§ 9, 10, 12-20-1957; Ord. No. 90-C, § 4, 3-27-1973; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-86. Cross section drawing of minimum specifications. All provisions of sections 32-83 through 32-85, inclusive, are hereby illustrated by a typical cross section designated as attachment A, which is not included in this section but is on file in the office of the planning and development services department and is hereby made a part of this section. (Code 1962, § 19-19; Code 1998, § 54-74; Code 2008, § 54-74; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-87. Drainage structures. The owner shall furnish and install, at the owner's expense, drainage structures as required by the city. Pipe shall be reinforced concrete or asphalt coated, minimum size 15 inches or equivalent, corrugated metal, and of the sizes required by the city. Concrete pipe shall be bell and spigot with rubber gaskets. Curb inlets, manholes and headwalls shall be constructed where shown on the owner's plans or as required by the city. All concrete used shall be Class A concrete, and Class A ready -mixed concrete may be used. All water so drained shall be carried to a point designated by the city. (Code 1962, § 19-20; Code 1998, § 54-75; Code 2008, § 54-75; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-88. Cleanup and inspection; acceptance. (a) Cleanup and inspection. Upon completion of the work, the owner shall clean up the site of the owner's operations as required to remove all roots, trash, forms, excess material and other debris. When the work, or any individual section of such work, is completed, the owner may make a request to the city for inspection, which will be made as soon as practicable. All sections of the work must receive a final inspection by the city before the acceptance by the city. (b) Acceptance. Acceptance of roads into the city road system shall be accomplished only by an official action of the city council taken at a council meeting. Acceptance of paved roads in new subdivisions shall be subject to the city subdivision regulations. Roads in an existing platted or deeded right-of-way with unimproved or unopened roads may be accepted by the city council only after such roads are improved accord- ing to the regulations of this chapter and chapter 119. The full cost of such improvements shall be borne by the developer or owners. City maintenance responsibility includes only roads accepted by the city council and approved by a motion at a regular council meeting. (Code 1962, § 19-21; Code 1998, § 54-76; Code 2008, § 54-76; Ord. No. 222-C, § 1, 3-23-1982; Ord. No. 226-C, § 1, 3-22-1983) Sec. 32-89. General guarantee. Neither the final acceptance nor approval of the street as provided in section 32-88 shall constitute an acceptance of work done in accordance with the owner's plans and specifica- tions or relieve the owner of any liability for faulty workmanship or materials which shall appear within one year from the date of final acceptance or approval of the work. If defects in the streets are found within such period and such defects are due to faulty materials or workmanship, the city shall notify the owner in writing of the observed defects, and such owner shall remedy the defects within a reasonable time at the owner's expense. If not so done, the city shall remedy the defects, and the owner • • CD32:6 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-93 0 • • shall be fully liable for the defects, and the city shall have a lien upon the lands of the owner, enforceable as prescribed by law. (Code 1962, § 19-22; Code 1998, § 54-77; Code 2008, § 54-77; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-90. Driveway construction standards. (a) Driveways constructed below street grade must rise to an elevation at least to the top of the curb height on city rights -of -way before reaching the owner's property line. Driveways constructed above the street grade should not exceed a grade of one inch per foot from the top of the curb to provide for vehicular clearance, unless otherwise approved by the city engineer. (b) The maximum width of a residential driveway access to an off-street parking or other vehicular use area shall be 20 feet for two-way vehicular movement and ten feet for one-way vehicular movement. For commercial and industrial uses, the maximum width for access - ways shall be two times that for residential uses. No more than one two-way accessway shall be permitted for any street frontage up to 100 linear feet. Single-family residential structures with three vehicular garage openings may allow driveway adjustments for front loaded garages as indicated in the table below. Such standards shall be applicable to any property under one ownership. Where such ownership involves over 100 feet of street frontage, one additional two- way or two additional one-way drives may be permitted for each additional 100 feet of frontage or major fraction of such frontage. The city has the right to require owners who rebuild or rehabilitate substandard driveways to reconstruct them to meet the requirements of this division. Table 32-90. Single -Family Residential Driveway Width Standards Maximum Driveway Apron Driveway with Flares Lot width (f2.) (it.) Less than 60 ft. 20 26 Greater than 60 30 36 ft. (Code 1962, § 19-23; Code 1998, § 54-78; Code 2008, § 54-78; Ord. No. 222-C, § 1, 3-23-1982; Ord. No. 2015-78, § 2, 12-8-2015) Sec. 32-91. Street curb construction standards. Curbs and gutters shall be constructed accord- ing to chapter 119 and attachment A, which is not included in this section but is on file in the office of the planning and development services department. (Code 1962, § 19-24; Code 1998, § 54-79; Code 2008, § 54-79; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-92. Sidewalk construction and repair. (a) Sidewalks shall be constructed according to the standards in section 119-310. (b) All repairs to sidewalks shall be fully paid for by the city. The final determination of the need for repairs to any sidewalk shall always and finally rest in the discretion of the city council; provided, however, that such needed repairs are not the result of some act of the adjoining property owner or agent damaging the sidewalk. In such case, the repair costs shall be paid in full by the adjoining property owner, as if it were new construction. (Code 1962, § 19-25; Code 1998, § 54-80; Code 2008, § 54-80; Ord. No. 222-C, § 1, 3-23-1982) Sec. 32-93. Interpretation of street construction standards. The city engineer shall decide all questions, conflicts, difficulties and disputes of whatever nature, which may arise relative to the interpreta- tion of this division. The city engineer may recommend exceptions to this division where these standards are not feasible, and the proposed exception is not detrimental to the public inter- CD32:7 § 32-93 CLERMONT CODE est. Such exceptions must be approved by the city council. Nothing in this division shall prohibit the city from repairing or otherwise rebuilding existing and open city streets. (Code 1962, § 19-26; Code 1998, § 54-81; Code 2008, § 54-81; Ord. No. 222-C, § 1, 3-23-1982) Secs. 32-94-32-114. Reserved. ARTICLE III. MOTION PHOTOGRAPHY PERMITTING Sec. 32-115. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City equipment means any tangible property, other than real property, purchased or leased by public funds and utilized in the normal course and scope of providing governmental service by the city. City facility means any public street, sidewalk, place or building owned, leased or controlled by or under the jurisdiction of the city. City manager means the city manager, and other employees of city who are so designated by the city manager to execute the city manager's authority as granted herein. Motion photography. (1) The term "motion photography" means the commercial, regardless of whether for profit, taking or making of a motion picture, television, videotape, or film production utilizing city equipment or utilizing city facilities, including any site alteration necessary for such production. (2) The term "motion photography" includes, and a production permit shall be required for, such productions on private property not at a studio: a. Involving the erection of tents or other temporary structures; b. Involving the uses of pyrotechnics, explosives, or other incendiary devices; C. Emitting noise sufficient to violate the noise ordinance of the city. (3) The term "motion photography" does not include the shooting of such film at studios constructed for such purpose where no city equipment or city facilities are involved and shall not include any news, news feature, or documentary produc- tion. Motion photography production permit (also referred to herein as "production permit" or "permit") is the permit required herein. (Code 2008, § 54-90; Ord. No. 2010-10-C, § 1, 9-14-2010) Sec. 32-116. Permit required. All persons engaging in motion photography shall obtain a production permit from the city manager prior to beginning any motion photography within the city or utilizing city facilities. (Code 2008, § 54-91; Ord. No. 2010-10-C, § 1, 9-14-2010) Sec. 32-117. Application for permit. (a) Filing of application. Any person seeking the issuance of a production permit shall file an application with, and on forms provided by, the city. Said application shall be filed not more than 180 days before, and not less than ten working days before, the commencement of production. The application shall be signed by an authorized representative of the applicant. (b) Information required. The application shall contain the following information: (1) Locations of the production. (2) Duration, hours and type of the produc- tion. (3) Proof of general liability insurance cover- age in the amount of at least $1,000,000.00 with the city named as an additional insured. • • CD32:8 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-118 0 • • (4) Special effects to be utilized, including, but not limited to, incendiary or explosive devices, with proof of $5,000,000.00 liability insurance therefor. In addition, the application shall list the person in charge (pyrotechnician or other person) of such special effects together with the person's qualification and licensing by the applicable federal and/or state agen- cies. (5) Proposed utilization of city equipment. (6) Necessity for closures or interruption of public streets, sidewalks or other city facilities and for what duration. (7) A written summary or explanation of the production. (8) Number and type of vehicles and/or equip- ment and number of personnel to be on location with the production. (9) An agreement to pay for extraordinary services provided by the city. if, from a consideration from other information obtained, it appears that: of the application and as may otherwise be (1) The production activity to be permitted will not unduly interrupt the safe and orderly movements of pedestrian or vehicular traffic in or contiguous to the location of the production activity. (2) The conduct of the production activity will not require the diversion of police officers, fire and emergency services personnel or other city employees so as to interfere with the provision of normal police and fire protection and other services required to be furnished to other parts of city. (3) (10) Certificate to the city manager that all affected private property owners and ten- ants have been notified of the filming (4) and that arrangements have been made to cause the least disruption for the property owners and tenants as possible. (11) Written consent of any private property owners of any property where equip- ment, cast or crew will enter on said private property. (c) Fee for application. The city council shall provide by resolution a fee for the submission and review of the permit application. The fee shall be paid at the time of submission of the application and shall be nonrefundable. (Code 2008, § 54-92; Ord. No. 2010-10-C, § 1, 9-14-2010) Sec. 32-118. Standards for issuance of permits; rules and procedures. The city manager shall issue a permit for motion photography production as provided herein The concentration of persons, animals and/or vehicles and/or the intrinsic nature of the production activity will not interfere unduly with the fire, police, and other emergency services and protection to areas contiguous to the production activity area and other areas of the city. The conduct of the production activity is not reasonably likely to cause injury to persons or property or to provoke disorderly conduct as defined in F.S. § 877.03 or other applicable law. (5) Adequate sanitary and other required health facilities are or will be made available in or adjacent to the production activity area. (6) The conduct of the production activity will not result in noise of a level inap- propriate for the areas surrounding the assembly. (7) Neither the conduct of the production activity nor the inherent nature of the production activity present a threat or an undue hampering or risk to the public health, welfare and safety of the city, the general public or the property and/or personnel of city. In issuing the permit, CD32:9 § 32-118 CLERMONT CODE the city manager may attach conditions regarding the location, type, duration and hours of the production. (Code 2008, § 54-93; Ord. No. 2010-10-C, § 1, 9-14-2010) Sec. 32-119. Costs of extraordinary services. The city shall recover reasonably estimated expenses for extraordinary services rendered in connection with a production. Such costs shall include, but not be limited to, charges for person- nel and/or equipment committed in support of the productions which are outside the normal scope of governmental services. Based on the information contained in the permit application and such consultations as may be required between the applicant and appropriate city officials, an estimate of these costs will be provided to the applicant and submitted by the applicant with the application for the permit when such is filed with the city manager. The city manager may require pre -payment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, expenses below or in excess of the estimates will be refunded by the city or paid by the applicant, respectively. (Code 2008, § 54-94; Ord. No. 2010-10-C, § 1, 9-14-2010) Sec. 32-120. Exemptions from other county ordinances or zoning resolution requirements. (a) Once a production permit has been issued, and notwithstanding any other provisions of this Code, land development regulations or other regulatory requirements of the city to the contrary, no other city permits shall be required for any of the activities forming a part of the permitted motion photography production. However, the production must obtain any necessary state or federal permits and must adhere to the terms and conditions contained in the production permit. (b) Provisions of the rules and regulations of any city department may be suspended by the city manager in connection with the conduct of a permitted motion photography production activ- ity pursuant to this section. (Code 2008, § 54-95; Ord. No. 2010-10-C, § 1, 9-14-2010) Sec. 32-121. Penalties. (a) Violation of this article shall be punish- able pursuant to general law. (b) Failure to comply with the terms and conditions of the production permit once issued shall be grounds for immediate suspension of the production by the city manager until such time as the noncompliance is remedied. The suspen- sion shall be initially communicated orally, fol- lowed by a written suspension order. Continued failure to comply with the terms and conditions of the production permit may result in revoca- tion of the permit. Continuation of the produc- tion in violation of the suspension and/or revocation shall be punishable pursuant to general law. (c) It shall be unlawful for any person in charge of, or responsible for, any motion photography production for which a permit is required to knowingly fail to comply with any condition of the permit and such failure to comply shall be punishable pursuant to general law. (d) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and may be abated by the city as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. (Code 2008, § 54-96; Ord. No. 2010-10-C, § 1, 9-14-2010) Secs. 32-122-32-140. Reserved. ARTICLE IV SPECIAL EVENTS Sec. 32-141. Purpose and intent. The purpose and intent of this article is to establish a permitting process for special events • �J • CD32:10 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-142 0 • • held on regulated property within the city limits that, among other things, because of their nature, create traffic control, crowd control, public safety, sanitation and/or other public health, safety and welfare issues of a nature sufficient to require review by the police department, the fire depart- ment, the planning and development services department, the parks and recreation depart- ment, public works, and other city staff as deemed necessary. The city manager is authorized and shall adopt a special events policy to ensure compliance and efficient implementation of the terms of this article. (Code 2008, § 54-100; Ord. No. 2015-74, § 1, 3-8-2016) Sec. 32-142. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly requires otherwise: Advertise means the act of publicly announc- ing or calling public attention to a person, thing, place, or event and shall include, but not be limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by radio, television, or newspaper. Distribution also includes the use of electronic media to include email, internet, social media sites, and other electronic means. Event organizer means a business, corpora- tion, limited liability company, individual, or any other legal entity which organizes, sponsors, or operates a special event. Firework means and includes any combustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire beneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, and any fireworks containing any explosive or flam- mable compound or any tables or other device containing any explosive substance. Parade means any procession, march or assembly wherein the participants travel by foot, vehicle or otherwise in or upon any street, sidewalk, public right-of-way, bicycle path, public property, or public parking facility within the city; provided, however, that the term "parade" shall not include a peaceful procession or peace- ful picketing that is conducted off the street or roadway in conformance with all traffic laws, city ordinances and state statutes and not in a manner as to obstruct vehicular or pedestrian traffic. Public use means any lawful utilization of city -owned parks, grounds, or other facilities which is not prohibited by any applicable regula- tion, ordinance, or law and which does not in fact interfere with, or tend to interfere with, or obstruct the use of the park grounds or facilities by the general public or by any other person or person previously authorized to utilize the same. Regulated property means all real property located within the municipal boundaries of the city, to include the waterways, access points and lakes or other bodies of water under the control of the state or county board of commissioners whose use may require action by city resources such as, but not limited to, the police, fire or public works departments. Any property within the city owned by the county school board is exempt from this definition and the applicable requirements of this section. Special event means a temporary assembly held on regulated property within the city, not regularly used by the event organizer to conduct its business or affairs. Special events may be for profit or not -for -profit. The term "special event" includes, but is not limited to, any ceremony, exhibition, show, concert, wedding, large gather- ing, pageant, rally, private entertainment events, seasonal holiday sales, professional performances, concerts, parades, street dances, sporting events, festivals, competitions, art shows, runs/races/ walks or assembly, and any event where fireworks shall be used, exploded or displayed. (Code 2008, § 54-101; Ord. No. 2015-74, § 1, 3-8-2016; Ord. No. 2018-20, § 1, 5-22-2018) CD32:11 § 32-143 CLERMONT CODE Sec. 32-143. Permit required; exemptions. (a) All special events held on regulated property within the city require a special events permit in accordance with the provisions of this section, unless expressly exempted. No event organizer required by this section to obtain a special events permit shall advertise, engage in, participate in, aid, form, or start any special event prior to obtaining a special events permit from the city. (1) Special events requiring a permit shall be any event or activity; other than the normal day to day or seasonal operations of concerns licensed or established within the city. (2) Any organized activity, including, but not limited to, any ceremony, exhibition, show, concert, wedding, large gathering, pageant, rally, private entertainment events, seasonal holiday sales, profes- sional performances, concerts, parades, street dances, sporting events, festivals, competitions, art shows, bonfires, runs/ races/walks or assembly, and any event where fireworks shall be used, exploded or displayed that is held on city or private property shall be required to obtain a special events permit. (b) The city, including any and all depart- ments within, is exempt from the special permit- ting process. (c) Any event held on the water that utilizes city access such as public boat ramps, upland property, launches, or facilities may be required to obtain a special events permit. (d) Any existing business or establishment within the city that holds, sponsors, supports, or otherwise provides for an event at that establish- ment which is outside of or beyond the normal and customary use approved for the business or establishment or is not a use permitted at the location under this Code, requires a special events permit if the nature, attendance, or activi- ties occurring as part of the event creates traffic control, crowd control, public safety, or sanita- tion and other public health, safety and welfare issues as determined by city staff. (e) The issue of a special events permit by the city shall not relieve any person from the duty to secure other permits or approvals as may be required by this Code, to include, but not be limited to, zoning and use approvals, a business tax receipt, street closure authorization, or other permits/authorizations. (f) Applicant shall not advertise or promote any event prior to receiving an approved special events permit. (Code 2008, § 54-102; Ord. No. 2015-74, § 1, 3-8-2016; Ord. No. 2018-20, § 1, 5-22-2018; Ord. No. 2022-023, § 1, 5-24-2022) Sec. 32-144. Application of permit. Any person or entity seeking the issuance of a special events permit shall file an application with the fire department fire prevention division as set forth herein if occurring on private property, and with the city parks and recreation depart- ment if occurring on city property. (1) Filing period. All special event applica- tions shall be for a single event, or reoccurring events. A special event application may be submitted for a maximum of 12 reoccurring special events in a calendar year if the event utilizes the same event space, event times, specific locations and logistical details. A complete application with all required documents for a special events permit shall be filed with the fire prevention division of the fire department for events held on private property or the parks and recreation department if held on city property not more than 365 days before, and not less than 60 calendar days before, the date and time at which it is proposed to commence the event. (2) Contents. The application shall, at a minimum, state the following: a. The name of the event organizer, sponsor or responsible person or entity. E-A CD32:12 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-144 0 • b. The mailing address, email address, vehicles which, will constitute and telephone number of the event the parade; the types of animals organizer, sponsor or responsible and description of the vehicles; person or entity. 5. A statement as to whether the C. If the event is to be conducted for, parade will occupy all or only a on behalf of, or by an organization, portion of the width of the the name, address, and telephone street, roadway, or sidewalks number of the headquarters of the to be used; organization and of the authorized 6. A specific description of the and responsible heads of such activities to be conducted at organization. the special event together with d. The specific location of the proposed attendance estimates; special event. 7. A public notification letter by e. The date of the special event and the applicant to be delivered to the hours of operation. residents and business owners f. The approximate number of specta- impacted by road closures tors and/or participants present or disclosing specific times and participating in the event. street closures. Notification g. A designation of any public facili- must be sent prior to city council reviewing the closures. ties or equipment proposed to be utilized. k. Proof of general liability insurance h. State permit if state roadway is to with the city named as an additional be used. insured if the event is held on public or city owned property. i. A notification letter to be delivered by the applicant to residents and 1. A security plan with the name of business owners impacted by road the company providing staffing, closures disclosing specific times and including certified crowd managers street closures. Notification must if applicable, for the special event. be sent prior to city council review- A predetermined manpower alloca- ing the closures. tion table shall be used as a guideline in order to determine how many j. If the event is a parade, the follow- officers with arrest powers will be ing additional information shall be assigned to the special event, if any. required: The chief of police or designee may 1. The exact location or any adjust the requirement of officers marshalling or staging areas with arrest powers as the chief for the parade; determines necessary. 2. The time at which units of the m. A site plan, which shall show at a parade will begin to arrive at minimum the following: the staging areas and the times at which all such units will be 1. The dimensions and locations disbursed from; of all permanent and proposed 3. The exact route to be traveled, temporary structures to be located on the property. Should including the starting point and any temporary structures be termination point; required for the event, the 4. The approximate number of applicants will be responsible persons who, and animals and for obtaining all necessary CD32:13 § 32-144 CLERMONT CODE building permits and meeting all requirements of applicable building and fire codes; 2. Ingress and egress locations. Access to the site must not impede normal traffic flow on adjacent roadways; 3. The capacity and location of restroom facilities, either permanent or temporary, suf- ficient to meet the anticipated demand at the event; 4. Adequate provision for solid waste collection and disposal; 5. A parking plan with all on -site and overflow parking, if neces- sary, and proposed traffic flow; in addition to any necessary traffic control devices at the special event location. n. A list of all concessionaires and vendors in addition to the event organizer, if any. o. A certificate of good standing certify- ing that the event organizer is authorized to do business in the state, if the event organizer is a corporation or limited liability company or some other business entity required to be registered with the department of state. p. Copies of all fliers, handbills, newspaper advertisements and other advertising that the event organizer anticipates using to promote or advertise the special event. q. Written proof of permission from the owner of the regulated property for the use of said property by the event organizer for the special event. The owner shall be required to sign the application and agree to any conditions placed on the special event by the city. If the owner of the property is the city or the property is public property, this term shall not be required. r. Copies of all required federal, state and local business or regulatory licenses required to be held by the event organizer. S. Any other documentation or informa- tion that city staff or the city council, upon appeal, determines to be reasonably necessary to properly evaluate the application. (3) Fees. A nonrefundable application fee as approved by resolution of the city council shall be paid to the city at the time the application is filed. (4) Decision and appeal. The city manager or designee shall review the completed application. If the application for a permit is denied, the applicant may appeal the denial to the city council by submitting a written request for appeal to the city manager within 30 days of the date of denial. The city council shall review the matter at its next available regular meet- ing and shall review the application together with all supporting documenta- tion and city departmental comments considered by the city manager or designee in making a decision. The city council may uphold, overturn or revise the deci- sion of the city manager or designee and the city council's decision shall be final. (Code 2008, § 54-103; Ord. No. 2015-74, § 1, 3-8-2016; Ord. No. 2019-23, § 1, 6-11-2019; Ord. No. 2022-023, § 1, 5-24-2022) Sec. 32-145. Police protection. After obtaining as much information as the chief of police or designee reasonably deems necessary regarding a permit application, it shall be determined whether and to what extent additional police protection reasonably will be required for the event for purposes of traffic, crowd control, and security. If additional police protection for the event is deemed necessary by the chief of police or designee, the chief shall so inform the applicant for the permit. The applicant then shall have the duty to secure police protec- tion acceptable to the chief of police or designee at the sole expense of the applicant and shall • • is CD32:14 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-181 0 • • prepay the expenses of such protection as required. The chief of police or designee shall consider what additional manpower, equipment and sup- plies are needed, as well as any other items or expenses which will be necessary. (Code 2008, § 54-104; Ord. No. 2015-74, § 1, 3-8-2016) Sec. 32-146. Fire protection and emergency medical services. After obtaining as much information as the fire chief and fire marshal or their designee reasonably deems necessary regarding a permit application, it shall be determined as to the need for on -site fire watch, crowd managers, or emergency medical personnel. The fire marshal or designee shall consider such factors as the location, number of anticipated participants and spectators, and type of event, including the application of appropriate codes and ordinances. If fire watch, crowd managers and/or emergency medical personnel for the event are deemed necessary by the fire chief or fire marshal, the chief shall so inform the applicant who shall have the responsibility to secure fire watch, emergency medical personnel, and/or crowd managers reasonably acceptable to the fire chief and/or fire marshal or their designee at the sole expense of the applicant and shall prepay the expenses of such protection. Only state -certified, licensed, professional fire/emergency medical personnel shall be used for this purpose; prefer- ably city fire department employees and equip- ment. The conduct of the event shall not introduce extraordinary hazards to fire protection and/or life safety in the immediate or adjacent areas. (Code 2008, § 54-105; Ord. No. 2015-74, § 1, 3-8-2016) Sec. 32-147. Limitations. No permit issued under this article shall extend for a period of more than three consecu- tive days. Any break in the event shall require the issuance of a separate special events permit. Seasonal holiday sales may extend beyond three days but shall not extend beyond 30 days prior to the applicable holiday. (Code 2008, § 54-106; Ord. No. 2015-74, § 1, 3-8-2016) Sec. 32-148. Distribution of materials on city property. The city prohibits the use of any tables, stands, risers, benches, chairs or objects of any kind as a means of, or as part of, the distribution of pamphlets, handbills, circulars, newspapers, materials and/or literature on city property without an approved special events permit. (Code 2008, § 54-107; Ord. No. 2018-20, § 1, 5-22-2018) Secs. 32-149-32-179. Reserved. ARTICLE V. DOWNTOWN AND WATERFRONT ENTERTAINMENT DISTRICT Sec. 32-180. Purpose. The purpose of this article is to encourage the location of entertainment, retail and restaurant uses within a limited defined area of the city hereafter referred to as the downtown and waterfront entertainment district. The regula- tions within this article create an opportunity to offer a variety of amenities to the public in a convenient physical location which will promote pedestrian use with an attendant decrease in vehicular traffic, provide for more efficient and effective public safety enforcement in a defined area, foster a mutual relationship among downtown merchants and property owners, and encourage private development of entertainment facilities which enhance and complement the use of the public facilities. (Code 2008, § 54-140; Ord. No. 2016-33, § 1, 8-23-2016) Sec. 32-181. District boundaries. The downtown and waterfront entertainment district is an area depicted in exhibit A of the ordinance from which this section is derived, and generally described as Lake Avenue shall be the eastern boundary, Desoto Street the south bound- ary, West Avenue the west boundary and include Minneola Avenue to Victory Way north to the Clermont Trail, then east to West Avenue, to the northern boundary being the shore of Lake Minneola, and back to Lake Avenue. It shall also CD32:15 § 32-181 CLERMONT CODE include those properties directly adjacent to the described district boundaries for the purposes of uses described herein. (Code 2008, § 54-141; Ord. No. 2016-33, § 1, 8-23-2016) Sec. 32-182. Outside consumption in the entertainment district. Within the downtown and waterfront entertain- ment district, the following shall apply: (1) Definition. For the purpose of this section and the on -sidewalk possession/consump- tion of alcoholic beverages as authorized herein, the term "alcoholic beverages" means beer and wine beverages and shall specifically not include liquor or distilled beverages. (2) On -sidewalk possession/consumption hours. On -sidewalk possession/consump- tion of any alcoholic beverage dispensed or sold by an establishment licensed to sell alcoholic beverages is authorized Sunday through Saturday between the hours of 10:00 a.m. to 11:00 p.m. Extended hours for city or city -sponsored events may be granted with prior approval by the city council, not to exceed section 4-2. (3) On -sidewalk drink limit. Any establish- ment licensed to dispense or sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a container for removal from the premises; provided, however, that no establishment shall dispense to any person more than two such alcoholic beverages at a time for removal from the premises, and no person shall remove at one time more than two such alcoholic beverages from the licensed premises. (4) Location of outside open alcoholic bever- age containers. a. Alcoholic beverages dispensed or sold for outside consumption must be consumed within the entertainment district. b. Sidewalks shall be accessible in accordance with city codes and the Americans with Disabilities Act (ADA). Patrons and building owners or tenants shall not block the sidewalk, in accordance with sec- tion 125-369(d). C. During a city approved event when streets are closed, alcoholic bever- ages in open containers may continue to be consumed away from the dispensing establishment. (5) Size limited to 20 fluid ounces. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined downtown and waterfront entertainment district, any open alcoholic beverage container which exceeds 20 fluid ounces in size, and which is not in a container as approved by the city manager or designee. (6) Drinking from a bottle or glass container is prohibited. It shall be unlawful for any person to drink any alcoholic beverage from a bottle or glass container, or to possess in an open bottle or glass container any alcoholic beverage on the streets, sidewalks, rights -of -way, and parking lots, whether public or private, except as authorized and approved as outdoor dining. (7) Permits required. Special events permits shall be required for activities in the downtown and waterfront entertainment district as required and approved by the city open container use may be approved separately for those events which may or may not require containers as approved by the city manager or designee. (8) City buildings excluded. City buildings are excluded from the entertainment district alcoholic beverage use unless approved by the city manager or city council through a special events permit. (Code 2008, § 54-142; Ord. No. 2016-33, § 1, 8-23-2016) • • • CD32:16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 32-185 0 Sec. 32-183. Hours for music and entertainment. 1� u Music, singing and other forms of entertain- ment, whether amplified or not, shall be permit- ted indoors at any time during business hours of any facility or business enterprise within the district, however, such outdoor music, singing and entertainment shall be in compliance with chapter 18, articles II and III. (Code 2008, § 54-143; Ord. No. 2016-33, § 1, 8-23-2016) Sec. 32-184. Games, sporting events and entertainment. Games, sporting events, artistic performances, farmer's markets and other such forms of organized entertainment and community events are encouraged and allowed within the downtown and waterfront entertainment district, subject to compliance with all applicable health and safety regulations and approved through the permit- ting process. (Code 2008, § 54-144; Ord. No. 2016-33, § 1, 8-23-2016) Sec. 32-185. Authorized temporary closures. Authorized temporary street closures in the district area will be limited to city events, city - sponsored events, or city -approved events, as authorized by the city council or the city manager. (Code 2008, § 54-145; Ord. No. 2016-33, § 1, 8-23-2016) CD32:17 • • • Chapter 33 RESERVED CD33:1 1� u Chapter 34 TAXATION* Article I. In General Secs. 34-1-34-18. Reserved. Article II. Public Service Tag Sec. 34-19. Levied; rates. Sec. 34-20. Duty of seller to collect tax; monthly remittance to city. Sec. 34-21. Failure of purchaser to pay; discontinuance of service authorized. Sec. 34-22. Records of sales; inspection by city. Sec. 34-23. Penalty for violation of article. Secs. 34-24-34-49. Reserved. Article III. Insurance Premium Tax Division 1. Generally Secs. 34-50-34-71. Reserved. Division 2. Property Insurance Sec. 34-72. Tax levied; rate. Sec. 34-73. Disposition of funds. 4D Secs. 34-74-34-104. Reserved. Division 3. Casualty Insurance Sec. 34-105. Levied; rate. Sec. 34-106. Disposition of funds. Secs. 34-107-34-125. Reserved. Article IV. Local Business Tax Sec. 34-126. Required. Sec. 34-127. Determination of liability to pay. Sec. 34-128. Opening business without business tax receipt; penalty, surcharge and applicable delinquent charges. Sec. 34-129. Qualifications of applicants. Sec. 34-130. Term; transfer of local business tax receipt. Sec. 34-131. Due date of tax; proration; late penalties. Sec. 34-132. Application for business tax receipt. Sec. 34-133. Garage sales exempted. Sec. 34-134. Exemptions from local business taxes generally; conditions. Sec. 34-135. Local business tax receipt shall be posted. Sec. 34-136. Permits in addition to business tax receipt; display. Sec. 34-137. Coin devices subject to tax. Sec. 34-138. Home occupations. Sec. 34-139. Schedule of local business taxes. Sec. 34-140. Businesses required to furnish information. Secs. 34-141-34-163. Reserved. *State law references -Municipal finance and taxation, F.S. § 166.201 et seq.; taxation and finances generally, F.S. ch. 192 et seq. CD34:1 CLERMONT CODE Article V. Additional Homestead Exemption Sec. 34-164. Eligibility qualifications and residency requirements. Sec. 34-165. Application. Sec. 34-166. Waiver of additional exemption. Sec. 34-167. Availability of exemption. Sec. 34-168. Annual adjustment of additional exemption. • • CD34:2 TAXATION § 34-23 0 • • ARTICLE I. IN GENERAL Secs. 34-1-34-18. Reserved. ARTICLE II. PUBLIC SERVICE TAX* Sec. 34-19. Levied; rates. There is hereby levied by the city a tax on each sale in the city of electricity, metered natural gas, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service. Such tax is hereby levied in the following amounts and manners: (1) For electricity, metered natural gas, lique- fied petroleum gas, either metered or bottled, and manufactured gas, either metered or bottled, a tax is levied in an amount equal to ten percent of the tax- able purchase amount. (2) For water service, a tax is levied in an amount equal to five percent of the purchase amount. (Code 1962, § 21-1; Code 1998, § 58-31; Code 2008, § 58-31; Ord. No. 266-C, § 1, 8-28-1990; Ord. No. 269-C, § 1, 9-11-1990; Ord. No. 2010- 07-C, § 1, 3-23-2010) Sec. 34-20. Duty of seller to collect tag; monthly remittance to city. It shall be the duty of each seller or supplier of electricity, gas and fuel oil in the city to collect from the purchaser for the use of the city the tax hereby levied at the time of collecting the selling price charge in each transaction and report and pay over monthly to the city all such taxes. It shall be unlawful for any seller to collect the price of any sale of electricity, gas, fuel oil or water service in the city without at the same time collecting the tax hereby levied in respect to such sales, unless such seller shall elect to assume and pay such tax without collecting the tax from the purchaser. Any seller failing to collect such tax at the time of collecting the price of any sale, where the seller has not elected to assume and pay such tax, shall be liable to the *State law reference —Public service tax, F.S. § 166.231 et seq. city for the amount of such tax in like manner as if the same had been actually paid to the seller, and the city council shall bring and cause to be brought all such actions and take all such proceed- ings as may be necessary for the recovery of such tax. (Code 1962, § 21-2; Code 1998, § 58-32; Code 2008, § 50-32; Ord. No. 156, § 2, 9-24-1957; Ord. No. 262-C, § 2, 8-22-1989; Ord. No. 2013-10, § 1, 7-23-2013) Sec. 34-21. Failure of purchaser to pay; discontinuance of service authorized. If any purchaser shall fail to pay to the seller the seller's charge and the tax hereby imposed as hereby required on account of the sale for which such charge is made, or either, the seller shall have and is hereby invested with the right to immediately discontinue further service to such purchaser until the tax and the seller's bill has been paid in full. (Code 1962, § 21-3; Code 1998, § 58-33; Code 2008, § 58-33; Ord. No. 156, § 3, 9-24-1957) Sec. 34-22. Records of sales; inspection by city. Each seller of electricity, gas, and fuel oil in respect to the sale on which a tax is hereby levied shall keep complete records showing all sales in the city of such electricity, gas, and fuel oil, which records shall show the price charged upon each sale, the date and the date of payment, and shall at all reasonable times be open for inspec- tion by duly authorized agents of the city who shall have the authority to make such transcripts thereof as they may desire. (Code 1962, § 21-4; Code 1998, § 58-34; Code 2008, § 58-34; Ord. No. 156, § 4, 9-24-1957; Ord. No. 262-C, § 2, 8-22-1989) Sec. 34-23. Penalty for violation of article. Any purchaser willfully failing or refusing to pay the tax hereby imposed where the seller has not elected to assume and pay such tax and any seller violating the provision of this article, or any officer, agent or employee of any seller violating the provisions of this article shall, upon CD34:3 § 34-23 CLERMONT CODE conviction, be punished as provided by section 1-7, and each and every violation will be a separate offense. (Code 1962, § 21-5; Code 1998, § 58-35; Code 2008, § 58-35; Ord. No. 156, § 6, 9-24-1957; Ord. No. 262-C, § 3, 8-22-1989) Secs. 34-24-34-49. Reserved. ARTICLE III. INSURANCE PREMIUM TAX DIVISION 1. GENERALLY Secs. 34-50-34-71. Reserved. DIVISION 2. PROPERTY INSURANCE* Sec. 34-72. Tax levied; rate. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the busi- ness of insuring against loss or damage by fire or tornado, as shown by the records of the insur- ance commissioners of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of 1.85 percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance poli- cies covering property within the corporate limits of the city. (Code 1962, § 16-39; Code 1998, § 58-76; Code 2008, § 58-76; Ord. No. 190, § 1, 9-4-1960; Ord. No. 43-C, § 1, 2-13-1969; Ord. No. 257-C, § 1, 1-10-1989) Sec. 34-73. Disposition of funds. The license or excise tax levied in section 34-72 shall be due and payable annually on March 1 of each year hereafter, and all funds derived therefrom are hereby appropriated to *State law reference —Property insurance premium tax authorized, F.S. § 175.101. the firefighter's relief and pension fund of the city and shall be administered under the provi- sions of F.S. ch. 175. (Code 1962, § 16-40; Code 1998, § 58-77; Code 2008, § 58-77; Ord. No. 190, § 2, 9-4-1960) Secs. 34-74-34-104. Reserved. DIVISION 3. CASUALTY INSURANCEt Sec. 34-105. Levied; rate. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the busi- ness of insuring with respect to casualty risks, as shown by the records of the state insurance commissioners, an excise or license tax in addi- tion to any license tax or excise tax now levied by the city, which tax shall be in the amount of 0.85 percent of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance policies, covering property within the corporate limits of the city. (Code 1962, § 16-41; Code 1998, § 58-96; Code 2008, § 58-96; Ord. No. 175, § 1, 1-1-1959; Ord. No. 257-C, § 2, 1-10-1989) Sec. 34-106. Disposition of funds. The license or excise tax levied by section 34-105 shall be due and payable annually on March 1 of each year, and all funds derived therefrom are hereby appropriated to the pen- sion fund for police officers of the city to be administered under the provisions of F.S. ch. 185. (Code 1962, § 16-42; Code 1998, § 58-97; Code 2008, § 58-97; Ord. No. 175, § 2, 1-1-1959) Secs. 34-107-34-125. Reserved. ARTICLE IV. LOCAL BUSINESS TAX* Sec. 34-126. Required. No person shall engage in any business, profes- sion, occupation, trade, amusement or industry (State law reference —Casualty insurance premium tax authorized, F.S. § 185.08. *State law reference —Local business taxes, F.S. ch. 205. • • CD34:4 TAXATION § 34-131 0 • • within the city without first having procured a local business tax receipt from the city clerk, which receipt shall be issued to each person on payment of the amount provided for in section 34-139, and after any such qualifications, licenses, permits or requirements have been met in accordance with federal, state and local regula- tions. (Code 1998, § 58-116; Code 2008, § 58-116; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-127. Determination of liability to pay. Any sign, advertisement, building occupancy of commercial property, directory listing or activ- ity indicating that a business, calling, profession or occupation is being conducted at a location within the city shall be prima facie evidence that the person is liable for the payment of a local business tax. (Code 1998, § 58-117; Code 2008, § 58-117; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-128. Opening business without business tax receipt; penalty, surcharge and applicable delinquent charges. Anyone found to have opened a new business without first obtaining a local business tax receipt shall be assessed a penalty of 25 percent of the regular tax, plus a surcharge of $100.00. This shall be in addition to any delinquent charges that may be applicable. (Code 1998, § 58-118; Code 2008, § 58-118; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-129. Qualifications of applicants. Every applicant for payment of the local busi- ness tax must present a certificate of occupancy furnished by the building services department to the effect that the proposed use is not a violation of the city building or zoning regulations. No local business tax receipt shall be provided to any person for any activity that violates this Code or any applicable state or federal statute. (Code 1998, § 58-119; Code 2008, § 58-119; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-130. Term; transfer of local busi- ness tag receipt. (a) The local business tax provided hereunder shall be valid for one year and shall be renewed on September 30 of each year. (b) The local business tax receipt may be transferred with the approval of the city clerk when there is a bona fide sale and transfer of the property used in the business. Any transferred receipt shall not be valid for a period of time exceeding the time for which it was originally issued. (c) The receipt transfer fee shall be ten percent of the annual local business tax but cannot be less than or exceed an amount established by resolution of the city council and on file in the city clerk's office. (Code 1998, § 58-120; Code 2008, § 58-120; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-131. Due date of tax; proration; late penalties. All local business taxes shall be payable on or before September 30 of each year unless otherwise provided by this article. If September 30 falls on a weekend or holiday, the tax shall be due and payable on or before the next working day following September 30. Any person who was not liable for a local business tax during the first half of the tax year may be issued a receipt during the second half of the tax year upon payment of one-half of the amount fixed as the price of such tax for one year. In addition to the taxes imposed under section 34-139, there shall also be imposed the following penalties: (1) Those local business taxes not paid by October 1 shall be considered delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty CD34:5 § 34-131 CLERMONT CODE for each month of delinquency thereafter until paid; however, the total delinquency penalty shall not exceed 25 percent of the local business tax fee for the delinquent establishment. (2) Any person engaging in or managing any business, occupation or profession without first paying the local business tax, if required under this article, shall be subject to a penalty as provided in section 34-128. (3) Any person who engages in any business, occupation or profession covered by this article, who does not pay the required local business tax within 150 days after the initial notice of tax due, and who does not obtain the required local business tax receipt, is subject to civil actions and penalties, including court costs, reason- able attorneys' fees, additional administra- tive costs incurred as a result of collection efforts, and a penalty of up to $250.00. (Code 1998, § 58-121; Code 2008, § 58-121; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-132. Application for business tax receipt. (a) Written application may be required of any person upon payment under this article, which local business tax application shall be in the form prescribed by the city clerk and approved by the council. (b) If any application to pay the local business tax or renewal thereof does not contain all the required information necessary for a determina- tion of the amount of the local business tax to be imposed on the applying business, the city clerk shall have the option either to withhold issuance of the local business tax receipt or renewal entirely, or to issue the receipt or renewal at the highest rate which could, under all known facts and circumstances, be applied to the business. (Code 1998, § 58-122; Code 2008, § 58-122; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-133. Garage sales exempted. Garage sales held on the premises by the owner or occupant is exempt from local business tax requirements when no more than two sales are held in any year. Each garage sale period may not exceed two consecutive days or 48 hours in duration. (Code 1998, § 58-123; Code 2008, § 58-123; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-134. Exemptions from local busi- ness taxes generally; condi- tions. (a) Practice of religion. Nothing in this article shall be construed to require a local business tax for practicing religious tenets of any kind. (b) Educational, eleemosynary institutions. Business conducted solely for the benefit of public schools, private schools, nonprofit corpora- tions and charitable institutions shall be exempt from taxes provided in this article. (c) Other exemptions. Exemptions from the tax shall also be granted as required in F.S. § 205.063 et seq. (Code 1998, § 58-124; Code 2008, § 58-124; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-135. Local business tax receipt shall be posted. It shall be the duty of all persons carrying on any business, profession or occupation mentioned in this article to keep their local business tax receipt conspicuously posted in their place of business, or on machines or movable units. (Code 1998, § 58-125; Code 2008, § 58-125; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-136. Permits in addition to busi- ness tax receipt; display. All businesses required to pay the local busi- ness tax under this article which operate from machines or movable units shall, in addition to obtaining a receipt therefor, have issued at the • • • CD34:6 TAXATION § 34-139 0 • • same time a permit for each separate machine or movable unit, which permit must be displayed on the machine or unit for which it is issued. (Code 1998, § 58-127; Code 2008, § 58-127; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-137. Coin devices subject to tax. (a) Every person who operates for profit any coin -operated machine, with the exception of the following types of machines, shall pay a local business tax as prescribed in section 34-139: (1) Machines which dispense United States postage stamps, newspapers or unadulter- ated state -produced citrus juices. (2) Vending machines dispensing any product which are sponsored by nonprofit organizations. (b) The number of machines charged is the highest number of machines that were in place at the location on any single day in the previous business tax receipt year. Sec. 34-139. Schedule of local business taxes. (c) The initial receipt will be sent to the owner of the machines. If by October 31 of each year the tax on the individual machines is not paid, the city will send a notice to that location business notifying them that the machine's tax is unpaid, and should they wish to retain the services of such machines, they are responsible to pay the appropriate tax and penalties. (Code 1998, § 58-128; Code 2008, § 58-128; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-138. Home occupations. Every person who operates a home occupation shall pay a local business tax to the city equal to the highest applicable classification. If the occupa- tion is unclassified, the unclassified tax as provided in section 34-139 shall apply. (Code 1998, § 58-129; Code 2008, § 58-129; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) (a) Local business taxes identified as tax categories A through H are as follows: Category Number of Workers A B C D E F G H 1-10 $25.00 $40.00 $45.00 $50.00 $60.00 $80.00 $100.00 $200.00 11-20 $40.00 $55.00 $60.00 $65.00 $75.00 $95.00 $115.00 $215.00 21-30 $55.00 $70.00 $75.00 $80.00 $90.00 $110.00 $130.00 $230.00 31 and over $70.00 $85.00 $90.00 $95.00 $105.00 $125.00 $145.00 $245.00 (b) For purposes of this article, the number of workers shall be determined as follows: (1) A worker shall be any person who works for the occupation, trade or business in some capacity for the benefit of the busi- ness; and (2) The number of workers shall be the daily average number of workers during the last 12 months. If not in business for 12 months, the applicant will state the daily average number of workers during the longest period of time the business was conducted. In the case of a new business, the applicant may state the anticipated number of workers. (c) The following schedule of taxes shall be paid to the city by persons engaging in occupa- tions, professions, trades and businesses. The tax is an annual tax, except as otherwise stated. Classification Tax Category Classification Tax Category Accounting firm (per certified public accountant) $50.00 Architectural firm (per architect) $50.00 CD34:7 § 34-139 CLERMONT CODE Classification Tax Category Auctioneers $30.00 per day, or $100.00 Automobile services Dealers (new or used) with F repair shop and/or filling sta- tion Dealers (new or used) D Auto transportation D Other automobile services B Banks, loan and finance companies G Brokerage firms, including invest- $50.00 ment, mortgage, real estate and any other (per broker) Citrus packing or processing E Coin -operated machines Distributors $50.00 Game machines $15.00/machine Trade machines (dispenses a $15.00/machine tangible product such as, but not limited to, prizes, gum, candy, drink or snacks) Music machines $15.00/machine Service machines (dispenses an $15.00/machine intangible product such as, but not limited to, air or vacuum, and does not include laundry or dry cleaners) Contractors, general (per contrac- $50.00 tor) Contractors, specialty (per contrac- $50.00 tor) Doctors' offices, including dentists, $50.00 chiropractors, osteopaths, opticians, optometrists, and any other doctor not specifically mentioned (per doctor) Engineering firms (per engineer) $50.00 Exterminators D Fruit and vegetable dealers B Funeral homes B Insurance agencies, all types (per $40.00 insurance agent) Insurance companies, all types $80.00 Junk dealers B Law firms (per attorney) $50.00 Living rentals, hotels, motels, duplexes, boardinghouses, nursing homes, convalescent homes, furnished rooms, (dining rooms without restaurant business tax receipt not permitted) Two rooms or more $3.00/room Two apartments or more $6.00/apartment Locksmiths A Manufacturing, assembling or D packaging Newspaper publishers E Pawnbrokers G Personal services, such as, but not B limited to, beauty shops, barbershops, tailor or dressmaking shops, advertising, bookkeeping, income tax consultants, shoe repair shops, music, dancing, photographic dry studios, laundries, cleaners, landscaping services, repair shops and handyman services Classification Tax Category Radio/TV broadcast stations D Recreation facilities, such as, but C not limited to, theaters, including drive-ins, carnivals or tent shows, bowling alleys, skating and roller rinks, billiard halls, miniature golf courses, driving ranges, tourist attractions Restaurants, including drive-ins C Retail businesses. Any retail busi- B ness or service, including the servicing of products sold on the premises Schools, kindergartens, day care A centers, etc. Solicitors B Utilities H Wholesale enterprises and D establishments engaged in warehousing, with or without retail sales, such as, but not limited to, lumberyards, building material yards, electrical and plumbing sup- plies, residential storage warehouses Yard services A Unclassified. All firms, corpora- B tions or persons doing business in the city or having agents or representatives established here and not specifically enumerated in this subsection (d) When more than one classified business is operated by one person and within the boundar- ies of one establishment or place of business, then the tax provided for in this section shall be required for only the higher classification, provided that the minimum tax is $40.00, and further provided that this subsection does not apply to the operation of coin -operated devices, the sale of alcoholic beverages or professional practices. (Code 1998, § 58-130; Code 2008, § 58-130; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Sec. 34-140. Businesses required to furnish information. (a) Not more often than annually, the city clerk may send a questionnaire to each business requesting such information as the nature and type of business being carried on and the number of workers or professionals employed by the business, in order to permit accurate computa- tion of the tax due from each business at the time of renewal. (b) Any business which fails to return the questionnaire by the deadline prescribed in it, which returns an incomplete questionnaire, or is u • CD34:8 TAXATION § 34-168 0 • • which does not receive the questionnaire due to failure to notify the city clerk of a change in address shall, in the discretion of the city clerk, be denied a renewal or shall be sent a renewal notice at the rate charged to the business tax receipt applicant in the prior year, and, in addi- tion, the business tax receipt applicant shall be charged a penalty for failing to provide informa- tion, which shall be equal to 100 percent of the tax for the business for that year. (Code 1998, § 58-131; Code 2008, § 58-131; Ord. No. 351-C, § 1, 12-12-2006; Ord. No. 2010-12-C, § 2, 9-28-2010) Secs. 34-141-34-163. Reserved. ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION Sec. 34-164. Eligibility qualifications and residency requirements. In accordance with section 6(f), article VII of the Florida Constitution and F.S. § 196.075, any person 65 years of age or over who has legal or equitable title to real estate located within the city and maintains thereon the person's permanent residence which residence qualifies for and receives homestead exemption pursuant to section 6(a), article VII of the Florida Constitu- tion, and whose household income does not exceed $20,000.00, shall be entitled to make application for an additional homestead exemp- tion of $25,000.00. Upon filing a completed application, and meeting all income require- ments set forth by law, the additional exemption shall be granted, but shall only be applicable to ad valorem tax millage rates levied by the city. The terms "household" and "household income" have the same meanings as set forth in F.S. § 196.075. (Code 1998, § 58-151; Code 2008, § 58-151; Ord. No. 303-C, § 1, 11-30-2000) Sec. 34-165. Application. Every person claiming the additional homestead exemption pursuant to this article must file an application therefore with the county property appraiser not later than March 1 of each year for which such exemption is claimed. Such applica- tion shall include a sworn statement of household income for all members of the household and shall be filed on a form prescribed by the state department of revenue. On or before June 1 of each year, every applicant must file supporting documentation with the property appraiser. Said documentation shall include copies of all federal income tax returns for the prior year, wages and earning statements (W-2) forms and other documentation as required by the property appraiser, including documentation necessary to verify the income received by all of the members of the household for the prior year. Receipt of the additional homestead exemption provided for herein shall also be subject to the provisions in F.S. §§ 196.131 and 196.161, if applicable. (Code 1998, § 58-152; Code 2008, § 58-152; Ord. No. 303-C, § 1, 11-30-2000) Sec. 34-166. Waiver of additional exemp- tion. Failure to file the application and sworn state- ment by March 1 or failure to file the required supporting documentation by June 1 of any given year shall constitute a waiver of the additional exemption privilege for that year. (Code 1998, § 58-153; Code 2008, § 58-153; Ord. No. 303-C, § 1, 11-30-2000) Sec. 34-167. Availability of exemption. This additional exemption shall be available commencing with the year 2001 tax roll, and the property appraiser may begin accepting applica- tions and sworn statements for the year 2001 tax roll as soon as the appropriate forms are avail- able from the department of revenue. (Code 1998, § 58-154; Code 2008, § 58-154; Ord. No. 303-C, § 1, 11-30-2000) Sec. 34-168. Annual adjustment of additional exemption. Commencing January 1, 2001, the $20,000.00 annual income limitation in this article shall be adjusted annually, on January 1, by the percent- age change in the average cost -of -living index in the period January 1 through December 31 of the immediate prior year compared with the same CD34:9 • • Chapter 35 RESERVED CD35:1 • Chapter 36 TRAFFIC AND VEHICLES* Article I. In General Sec. 36-1. Impoundment of vehicles. Secs. 36-2-36-20. Reserved. Article II. Stopping, Standing and Parking Sec. 36-21. Parking signs and traffic control devices. Sec. 36-22. Bus stops, loading zones and taxicab stands; free parking space. Sec. 36-23. Truck and trailer parking prohibited in residential areas; exceptions. Sec. 36-24. Forms and notices of citations, arrest or appearance. Sec. 36-25. Notice on illegally parked vehicle. Sec. 36-26. Penalty for violation. Sec. 36-27. Presumption in reference to illegal parking, operating, stopping or standing. Sec. 36-28. Liability for payment of parking ticket violations and handicapped parking violations. Sec. 36-29. Parking for certain purposes prohibited, sale of motor vehicles, prohibited acts. Secs. 36-30-36-46. Reserved. Article III. Red Light Signal Violations Sec. 36-47. Authorization. Sec. 36-48. Mark Wandall Traffic Safety Program adopted. Seca. 36-49-36-69. Reserved. Article W. Commercial Megacycles Sec. 36-70. Definitions. Sec. 36-71. Operation of commercial megacycles restricted; permit required. Sec. 36-72. Permit application; application fee. Sec. 36-73. Review and approval. Sec. 36-74. Permit fees. Sec. 36-75. Trade name required. Sec. 36-76. Fixed place of business required. Sec. 36-77. General operating conditions. Sec. 36-78. Vehicle requirements. Sec. 36-79. Requirements for drivers and other personnel. Sec. 36-80. Liability insurance coverage required. Sec. 36-81. Amendment to permit. Sec. 36-82. Business tax receipts. Sec. 36-83. Transferability. Sec. 36-84. Permit suspension and revocation. Sec. 36-85. Appeal procedure. Sec. 36-86. Enforcement. Sec. 36-87. Posting signs. is *State law references -Florida Uniform Traffic Control Law, F.S. ch. 316; powers of local authorities, F.S. §§ 316.007, 316.008. CD36:1 TRAFFIC AND VEHICLES § 36-22 ARTICLE I. IN GENERAL Sec. 36-1. Impoundment of vehicles. (a) Authorized circumstances. Police officers are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, and being within the city, under the circumstances enumerated in this subsection: (1) When any vehicle is left unattended upon any bridge, causeway or viaduct, where such vehicle constitutes an obstruction to traffic. (2) When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal. (3) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruc- tion to the normal movement of traffic. (4) When any vehicle is left unattended upon a street continuously for more than 72 hours and may be presumed to be abandoned. (5) When the driver of such vehicle is taken into custody by the police department and such vehicle would thereby be left unattended upon a street. (6) When removal is necessary in the inter- est of public safety because of fire, flood, storm or other emergency reason. (7) No vehicle impounded in an authorized garage, as provided in this subsection, shall be released therefrom until the charges for towing such vehicle into the garage and the storage charges have been paid. (b) Notice to owner. Whenever an officer removes a vehicle from a street as authorized in subsection (a) of this section, and the officer knows or is able to ascertain the name and address of the owner of the vehicle, such officer shall immediately give or cause to be given notice to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. If any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (Code 1962, §§ 23-4, 23-5; Code 1998, § 62-2; Code 2008, § 62-2; Ord. No. 223-C, § 1, 5-11- 1982) State law reference —Similar provisions regarding stop- ping, standing, parking, F.S. § 316.194. Secs. 36-2-36-20. Reserved. ARTICLE II. STOPPING, STANDING AND PARKING* Sec. 36-21. Parking signs and traffic control devices. The city manager or designated representa- tive may place traffic control devices or other parking or traffic regulatory signs in the city according to the standards or warrants of the state Manual of Uniform Traffic Control Devices and state law. The city council has the authority to request that such signs be placed according to these standards. The city council shall decide all questions, conflicts, difficulties and disputes which may arise relative to the interpretation of this section. (Code 1962, § 23-13; Code 1998, § 62-31; Code 2008, § 62-31; Ord. No. 236-C, § 1, 5-24-1983; Ord. No. 251-C, § 1, 5-26-1987) Sec. 36-22. Bus stops, loading zones and taxicab stands; free parking space. Nothing in this article shall be construed as prohibiting the city council, or the police depart- ment with the approval of the city council, from providing for free parking space for unloading *State law references —Parking regulations, F.S. § 316.1945 et seq.; authority to regulate or prohibit stopping, standing or parking, F.S. § 316.008(1)(a). CD36:3 § 36-22 CLERMONT CODE and loading commercial vehicles, for bus stops, for taxicab stands, or for other matters of a similar nature. (Code 1962, § 23-2; Code 1998, § 62-32; Code 2008, § 62-32; Ord. No. 223-C, § 1, 5-11-1982) Sec. 36-23. Truck and trailer parking prohibited in residential areas; exceptions. In all residential districts or zones designated R-1-A, R-1, R-2, R-3, R-3-A or UE in chapter 125, no person shall park, cause to be parked or allow to be parked on their real property, or on property which they have under lease, or in the streets, alleys or parkways abutting such property, any mobile home or commercial vehicle of whatever size or type, including either a tractor or trailer of any type, including, but not limited to, boat trailers, except as provided in this section. However, pickup trucks and commercial vehicles, of van design, or any type of trailer including boat trailers, of 15,000 pounds nominal gross vehicle weight rating (GVWR) or less, may be so parked. Commercial vehicles of any type, however, including those of GVWR at or under 15,000 pounds may be permitted only if such vehicles can be parked in a manner that will not interfere with the traffic flow or character of the neighbor- hood. No truck in excess of 15,000 pounds GVWR will be permitted on any streets in the city except on established truck routes, or as permit- ted in this section. These prohibitions shall not apply to owners who have construction in progress on their property, nor does it prohibit routine deliveries by tradesmen, or the use of trucks in making service calls, nor does it apply to a situation where a truck becomes disabled or, as a result of an emergency, is required to be parked on or abutting property or streets within the city, provided such vehicle is removed within 24 hours after the vehicle became disabled or the emergency occurred. Ambulances and school buses, while parked at schools or parks, boat trailers parked at boat ramps, and recreation vehicles parked in conformance with this Code are excluded from the provisions of this section. It is further provided that, in areas designated R-1-A, R-1, R-2, R-3, R-3-A or UE being utilized for agricultural uses as permitted by chapter 125, such machinery and vehicles necessary for cultivation and harvest may be used in such manner as not to interfere with the traffic flow or character of the neighborhood. (Code 1962, § 23-3; Code 1998, § 62-33; Code 2008, § 62-33; Ord. No. 223-C, § 1, 5-11-1982) Sec. 36-24. Forms and notices of citations, arrest or appearance. The city shall provide forms for notifying alleged parking violators to appear and answer to charges of violating parking regulations. Such forms shall be issued to and receipted for by the chief of police or other person acting for the chief. Parking violations reports shall be public records. (Code 1962, § 23-8; Code 1998, § 62-34; Code 2008, § 62-34; Ord. No. 236-C, § 1, 5-24-1983; Ord. No. 251-C, § 1, 5-26-1987) Sec. 36-25. Notice on illegally parked vehicle. Whenever any motor vehicle without a driver is found parked, stopped or standing in violation of any of the parking restrictions, the officer finding such vehicle shall take its registration number, and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation or notice in writing, on a form provided by the city, for the driver to pay the applicable fine or answer the charge against the driver within ten days, during the hours and at a place specified in the notice. (Code 1962, § 23-9; Code 1998, § 62-35; Code 2008, § 62-35; Ord. No. 236-C, § 1, 5-24-1983; Ord. No. 251-C, § 1, 5-26-1987; Ord. No. 359-C, § 1, 6-10-2008) Sec. 36-26. Penalty for violation. The penalty amounts for violations of this article, including applicable late fees, shall be adopted by resolution of the city council and shall be on file in the city manager's office and at the police department. (Code 1962, § 23-10; Code 1998, § 62-36; Code 2008, § 62-36; Ord. No. 236-C, § 1, 5-24-1983; Ord. No. 251-C, § 1, 5-26-1987; Ord. No. 359-C, § 2, 6-10-2008) • • 1� u CD36:4 TRAFFIC AND VEHICLES § 36-29 0 Sec. 36-27. Presumption in reference to illegal parking, operating, stopping or standing. In any prosecution charging a violation regard- ing the stopping, standing, parking or operating of a vehicle, proof that the particular vehicle described in the complaint was parked or oper- ated in violation of any such ordinance or regula- tion, together with proof that the defendant named in the complaint was at the time of such parking or operating the registered owner of such vehicle, shall constitute in evidence prima facie presumption that the registered owner of such vehicle was the person who stopped, stood, parked or operated such vehicle at the point where, and for the time during which, such violation occurred. (Code 1962, § 23-11; Code 1998, § 62-37; Code 2008, § 62-37; Ord. No. 236-C, § 1, 5-24-1983; Ord. No. 251-C, § 1, 5-26-1987) Sec. 36-28. Liability for payment of park- ing ticket violations and handicapped parking viola- tions. (a) Any person issued a municipal parking ticket by a parking enforcement specialist or officer shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that pay- ment is not received or a response to the ticket is not made within the time period specified thereon, the county court or its traffic violations bureau shall notify the registered owner of the vehicle which was cited, by certified mail, of the ticket. Upon receipt of the notification, the registered owner shall comply with the court's directive. (b) Should a person wish to contest a parking ticket, the issuing agency shall provide a request for hearing to the person for completion. Upon receiving a completed request for hearing the issuing agency shall immediately forward the original to the clerk of court who shall schedule the same on the next regular civil infraction hearing date. (c) Any person who fails to satisfy the court's directive and any person who elects to appear before a designated official to present evidence shall be deemed to have waived the person's right to the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a fine not to exceed $250.00, plus court costs. (Code 1962, § 23-12; Code 1998, § 62-38; Code 2008, § 62-38; Ord. No. 236-C, § 1, 5-24-1983; Ord. No. 251-C, § 1, 5-26-1987; Ord. No. 359-C, § 3, 6-10-2008) State law reference —Similar provisions, F.S. § 316.1967. Sec. 36-29. Parking for certain purposes prohibited, sale of motor vehicles, prohibited acts. (a) It is unlawful for any person to park a motor vehicle, as defined in F.S. § 320.01, upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by municipal or county regulation and the person is in compliance with all municipal or county licensing regulations. (b) The provisions of subsection (a) of this section do not prohibit a person from parking the person's own motor vehicle on any private real property which the person owns or leases or on private real property which the person does not own or lease, but for which the person obtains the permission of the owner, or on the public street immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental. Provided, however, that such parking of vehicles shall otherwise comply with all applicable laws, codes and regulations. All city regulations for such parking must be adhered to. (c) Subsection (a) of this section does not prohibit a licensed motor vehicle dealer from displaying for sale or offering for sale motor vehicles at locations other than the dealer's licensed location if the dealer has been issued a supplemental license for off -premises sales, as provided in F.S. § 320.27(5), and has complied with the requirements in subsection (a) of this section. A vehicle displayed for sale by a licensed CD36:5 § 36-29 CLERMONT CODE dealer at any location other than the dealer's licensed location is subject to immediate removal without warning. (d) A law enforcement officer, compliance officer, code enforcement officer from any local government agency, or supervisor of the depart- ment may issue a citation and cause to be immediately removed at the owner's expense any motor vehicle found in violation of subsec- tion (a) of this section, except as provided in subsections (b) and (c) of this section, or in violation of subsection (e), (f), (g), or (h) of this section, and the owner shall be assessed a penalty as provided in F.S. § 318.18(21) by the govern- ment agency or authority that orders immediate removal of the motor vehicle. A motor vehicle removed under this section shall not be released from an impound or towing and storage facility before a release form prescribed by the depart- ment has been completed verifying that the fine has been paid to the government agency or authority that ordered immediate removal of the motor vehicle. However, the owner may pay towing and storage charges to the towing and storage facility pursuant to F.S. § 713.78 before payment of the fine or before the release form has been completed. (e) It is unlawful to offer a vehicle for sale if the vehicle identification number has been destroyed, removed, covered, altered, or defaced, as described in F.S. § 319.33(1)(d). A vehicle found in violation of this subsection is subject to immediate removal without warning. (f) It is unlawful to knowingly attach to any motor vehicle a registration that was not assigned or lawfully transferred to the vehicle pursuant to F.S. § 320.261. A vehicle found in violation of this subsection is subject to immediate removal without warning. (g) It is unlawful to display or offer for sale a vehicle that does not have a valid registration as provided in F.S. § 320.02. A vehicle found in violation of this subsection is subject to immedi- ate removal without warning. This subsection does not apply to vehicles and recreational vehicles being offered for sale through motor vehicle auctions as defined in F.S. § 320.27(1)(c)4. (h) A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three or more vehicles offered for sale within a 12-month period. (i) Any other provision of law to the contrary notwithstanding, a violation of subsection (a), (e), (f), (g), or (h) of this section shall subject the owner of such motor vehicle to towing fees reasonably necessitated by removal and storage of the motor vehicle and a fine as required by F.S. § 318.18. 0) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in F.S. ch. 318, unless otherwise mandated by general law. (Code 2008, § 62-39; Ord. No. 2016-06, § 2, 1-26-2016) Secs. 36-30-36-46. Reserved. ARTICLE III. RED LIGHT SIGNAL VIOLATIONS Sec. 36-47. Authorization. In accordance with and under the authority of F.S. § 316.0083, the city hereby authorizes and creates a red light signal violation enforcement program. (Code 2008, § 62-40; Ord. No. 367-C, § 1, 5-26- 2009; Ord. No. 2012-03-C, § 1, 12-12-2012) Sec. 36-48. Mark Wandall Traffic Safety Program adopted. The city hereby adopts the provisions of F.S. § 316.0083, in its entirety by reference, as if set out fully herein. (Code 2008, § 62-41; Ord. No. 2012-03-C, § 1, 12-12-2012) Secs. 36-49-36-69. Reserved. ARTICLE IV. COMMERCIAL MEGACYCLES Sec. 36-70. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings • • is CD36:6 TRAFFIC AND VEHICLES § 36-73 0 • ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial megacycle means a vehicle defined as a "commercial megacycle" in F.S. § 316.003(13) or any successor Florida statute. Commercial megacycle driver means an individual who drives or controls steering or braking of a commercial megacycle operating on a city street. Fiscal year means the period beginning on October 1 and ending on September 30 of the following calendar year. (Ord. No. 2022-008, § 2(62-48), 2-22-2022) Sec. 36-71. Operation of commercial megacycles restricted; permit required. (a) The operation of a commercial megacycle is restricted to guided tours and sight-seeing within the established boundaries of the attached map., excluding the trail system, sidewalks and such areas that may be designated by the city. (b) No person or entity may operate or allow to be operated commercial megacycle on the streets of the city without having first obtained a permit in accordance with this article. (c) A permit issued under this article will be effective only for the fiscal year in which issued, unless suspended or revoked sooner pursuant to this article. (Ord. No. 2022-008, § 2(62-49), 2-22-2022) Sec. 36-72. Permit application; application fee. (a) Application for a permit to operate a com- mercial megacycle or megacycles must be made on forms provided by the city and include such information as the city may require, including the following: (1) The name of the applicant. (2) The proposed fixed place of business as required by this article. (3) The make, model, serial number, color, and passenger capacity of each megacycle to be used in the business. (4) If the applicant is an individual, the applicant's residence address. (5) If the applicant is a partnership, the names and residence addresses of each copartner, and the name of the partner- ship. (6) If the applicant is a corporation or limited liability company, the names and addresses of all current officers or members. (7) The business trade name under which the megacycles will be operated. (8) The name and address of the person designated by the applicant to receive notices for the applicant, if the applicant is a corporation or partnership. (9) A statement as to whether the applicant intends to permit the serving or consump- tion of alcoholic beverages by passengers on the megacycle. (10) Proof of insurance meeting the require- ments of this article. (b) The applicant must submit an application fee in the amount established by resolution for the administrative costs of processing the applica- tion. The application fee is nonrefundable. (Ord. No. 2022-008, § 2(62-50), 2-22-2022) Sec. 36-73. Review and approval. (a) The city will review the completed applica- tion to ensure compliance with this Code and the land development code, including, but not limited to, as to the place of business. (b) No permit will be issued unless the city is able to verify compliance with all applicable regulations, and the applicant has paid the fees required by this article and the appropriate business tax for each megacycle to be placed in service. (c) A permit issued under this article will state the approved trade name, the name and address of the person designated to receive notices, and the make and model of each megacycle authorized to be used by the permittee. The CD36:7 § 36-73 CLERMONT CODE permit will include any additional conditions the Sec. 36-77. General operating conditions. city may impose to ensure compliance with the Every commercial megacycle will be operated requirements of this article. in accordance with the following requirements: (d) Concurrent with the issuance of a permit, the city will issue one decal for each megacycle authorized by the permit. The decals must be placed on the megacycles as\provided in this article. (Ord. No. 2022-008, § 2(62-51), 2-22-2022) Sec. 36-74. Permit fees. The annual permit fee is the amount established by resolution for each megacycle authorized. (Ord. No. 2022-008, § 2(62-52), 2-22-2022) Sec. 36-75. Trade name required. No person may conduct a commercial megacycle business within the city unless the person has adopted and uses an approved, uniform trade name for the business, which must be prominently displayed on megacycles operated by or in con- nection with the business. No trade name will be approved if the name contains language, refer- ences, or symbols not suitable for minors, vulgar language, or has the potential to confuse the identity of the permittee with any other business or organization, including governmental organiza- tions. (Ord. No. 2022-008, § 2(62-53), 2-22-2022) Sec. 36-76. Fixed place of business required. No person may operate a business involving the use of megacycles on the streets within the city unless the person establishes and maintains a fixed headquarters within the city limits and on private property for the operation of the company's business. The headquarters must conform to the ordinances of the city and provide adequate conforming off-street parking space for all megacycles stored at the site. No person will move the headquarters except through the approved transfer of the permit to another loca- tion. (Ord. No. 2022-008, § 2(62-54), 2-22-2022) (1) Operation will be for the primary purpose of providing guided touring and sight- seeing of the city to megacycle pas- sengers. A megacycle will not be operated to provide taxi service. (2) A commercial megacycle will operate solely on those city streets included as part of the route approved in the permit issued. A permit may include provisions restrict- ing locations for storage of megacycles or requiring the use of transport vehicles to and from the assigned routes, when not in use. Under no circumstances will approved routes include the city trail system or sidewalks. In addition, the city may temporarily prohibit a commercial megacycle from operating on all or a portion of its assigned route when neces- sary for public health, safety, or welfare, such as street closings and major event periods. (3) Except for emergencies, passenger load- ing and unloading will be confined to those locations designated in the permit. (4) Except for emergencies, the temporary stoppage of the megacycle along the route will only be permitted for the purposes outlined in the permit. (5) The megacycle will move to the edge of street pavement before loading or unload- ing passengers. No commercial megacycle will pause or stop for the sole purpose of narrating a tour. (6) The decal provided by the city as part of the permit will be affixed to the megacycle at all times while the megacycle is in operation within the city. (Ord. No. 2022-008, § 2(62-55), 2-22-2022) Sec. 36-78. Vehicle requirements. Each commercial megacycle must meet the following requirements: (1) The megacycle must be designed and used as a single unit. Any megacycle • • • CD36:8 • • TRAFFIC AND VEHICLES § 36-79 that consists of two separate units Sec. 36-79. Requirements for drivers and attached or connected by devices such as other personnel. a hitch, ball and socket, noose, or chain, is prohibited. (a) A commercial megacycle shall be: (2) The megacycle must be equipped with a (1) Operated at all times by its owner or pair of battery -operated headlights lessee or an employee of the owner or capable of projecting a beam of white lessee; light for a distance of 500 feet, and a pair (2) Operated by a driver at least 18 years of of battery -operated taillights each exhibit- age who possesses a Class E driver's ing a red light visible from a distance of license; and 600 feet to the rear. (3) The megacycle must be designed and used so that steering and braking is under the control of the megacycle driver and is not controlled in any manner by the passengers. (4) The megacycle must be used as originally manufactured. Any megacycle that uses braking, seating, pedals, or steering other than those that are a part of the original manufacture, or that appear to be unsafe, will be prohibited. (5) The megacycle must prominently display the permittee's trade name and telephone number in two-inch lettering or larger. (3) Occupied by a safety monitor at least 18 years of age, who shall supervise the passengers while the commercial megacycle is in motion. (b) All commercial megacycle drivers and any other employees or agents of the permittee, while operating or assisting in the operation of a megacycle within the city, must meet the follow- ing additional requirements: (1) (6) The megacycle must be kept clean and sanitary throughout and maintained in sound operating condition. All safety (2) devices and all other equipment must be kept in such condition as to ensure safe operation. (7) No megacycle will contain advertising inconsistent with this article. Each permittee must submit to the city any proposed advertisement prior to installa- tion of the advertisement on the megacycle. The city will approve proposed advertisements only so long as they are in complete conformity with this article. Advertisements will be permitted only on the back or side panels of the megacycle. No advertisement will be permitted which contains any tobacco products, profanity, or sexual content. (Ord. No. 2022-008, § 2(62-56), 2-22-2022) Be clothed consistent with the permit- tee's approved dress code. Clothing bear- ing the name, logo, or other form of identification of any company other than the company whose color scheme is on the vehicle being operated, will not be deemed to be consistent with the approved dress code. Carry and prominently display on the driver's or employee's person a photo ID, including the company trade name, phone number, address, city permit number, and such other information as the city may require. (3) While the megacycle is in operation within the city limits, the following are prohibited and the driver and any other employees or agents of the permittee aboard shall be responsible for monitoring and enforc- ing these prohibitions: a. The number of passengers aboard the megacycle must not exceed the number for which it was designed. b. No passenger may stand in the vehicle while the vehicle is in motion. CD36:9 § 36-79 CLERMONT CODE C. Passengers are not permitted to sit (3) Operating the megacycle so as to impede anywhere in or on the vehicle, other the flow of pedestrians, except in case of than in the manufacturer's designed emergencies. passenger seating. (4) Operating the megacycle in a manner d. Sitting, sleeping, loitering, or allow- that results in damage to public property. ing others to sit, sleep, or loiter (5) Creating, or materially contributing to, a within the passenger compartment parking problem or traffic congestion as of the vehicle while on the public a result of operation of the megacycle. right-of-way is prohibited. e. Use of indecent or profane language, (6) Operating the megacycle in violation of any applicable state traffic laws. Drivers or engaging in loud or boisterous will comply with all applicable state traf- talking or shouting that is reason- fic laws, including, but not limited to, F.S. able foreseeable to provide an §§ 316.2065 and 316.2122, respectively, immediate breach of the peace, or as the same may be amended from time disorderly conduct, or otherwise to time. acting in a manner as to vex or annoy reasonable persons including (7) Obstructing other vehicular traffic by passengers is prohibited. unnecessarily weaving or changing lanes of travel. f. Illegal use of controlled substances, consumption of alcoholic beverages (8) Operating, maneuvering, inclining, spin - or possession of controlled substances ning, tilting, tipping, sloping, or position - by drivers or other employees either ing a megacycle in any manner that immediately before or while on duty would unnecessarily place a passenger in is prohibited. any position other than seated upright. (c) Each commercial megacycle driver shall (9) Operating the megacycle when the not: megacycle does not fully comply with all requirements of this article. (1) Have had more than three moving viola- (Ord. No. 2022-008, § 2(62-57), 2-22-2022) tions in the last three years and no more than two moving violations in the last Sec. 36-80. Liability insurance coverage year. required. (2) Have been convicted of careless or reck- less driving or any violation of state statutes regulating the driving of vehicles while impaired within the past three years. (d) A commercial megacycle driver is prohibited from: (1) Operating the megacycle on public rights - of -way within the city other than those specifically permitted herein. (2) Standing or stopping the vehicle other than in an area designated in the permit as an authorized staging area, except in case of emergencies. (a) No permit will be issued unless the applicant obtains liability insurance covering all megacycles used in the business operation. The insurance must be in a form approved by the city's risk manager and must be provided by an insurance company authorized to do business in the state. (1) The required policy will be in the penal sum of not less than $1,000,000.00 combined single limit per occurrence for bodily injury (including death) and property damage. If insurance is provided with a general aggregate, then the aggregate shall be in an amount of no less than $2,000,000.00. In addition, the permittee shall maintain liquor liability • �J • CD36:10 TRAFFIC AND VEHICLES § 36-84 0 insurance in the amount of $1,000,000.00 per occurrence if alcoholic beverages are served or allowed on the megacycle. (2) The permittee must obtain and maintain a separate policy of indemnity insurance for each separate megacycle used for permitted services, except where the permittee actually owns or holds legal title to more than such vehicle, in which event the permittee may obtain and maintain a single policy of indemnity insurance covering all megacycles actu- ally owned. This latter provision, however, will not apply to any group of persons separately owning megacycles who may be jointly operating or doing business under a permitted company name. (3) Each insurance policy must contain a provision obligating the insurance company to notify the city manager in writing at least 30 days prior to any amendment, modification, or cancella- tion of the policy. (b) The permittee must at all times maintain the liability coverage required in this section. (Ord. No. 2022-008, § 2(62-58), 2-22-2022) Sec. 36-81. Amendment to permit. (a) If the permittee desires to change the name or address provided for receipt of notices in the permit, add additional megacycles to the megacycles listed in the permit, revise the approved routes or approved dress code, or make other material changes to the terms and condi- tions of the permit, the permittee must apply for an amendment to the permit using such forms and providing such information as the city may require. (b) At the time of submitting an application for amendment, the permittee must pay a nonrefundable application fee in the amount established by resolution. If the permittee is seeking to add megacycles to the number previ- ously permitted, the permittee must also pay any increase in the business tax that may be required. (c) In determining whether to approve an application to amend a permit, the city will generally use the procedures referenced in this section for applications for new permits. (Ord. No. 2022-008, § 2(62-59), 2-22-2022) Sec. 36-82. Business tax receipts. No permit will be issued or continued in operation unless the applicant or permittee, as applicable, has paid the annual business tax required by this Code each year. All business tax receipts must be renewed before October 1 of the fiscal year. (Ord. No. 2022-008, § 2(62-60), 2-22-2022) Sec. 36-83. Transferability. (a) A permit may not be sold, assigned, mortgaged, or otherwise transferred, nor may corporate ownership or management be changed, without the approval of the city. (b) The transferee of a permit must file an application in the same manner as an original application. A copy of the agreement to transfer the permit must be attached to the application. (c) Upon approval by the city, the permit will be marked "Transfer Permit." (d) Whenever a permit is issued jointly in the name of two persons and one person dies, the city is authorized to transfer the permit to the survivor alone. (Ord. No. 2022-008, § 2(62-61), 2-22-2022) Sec. 36-84. Permit suspension and revoca- tion. (a) The city may suspend or revoke a permit if any of the following occur: (1) The permittee, or the permittee's principals, officers, employees, or agents, made willful false or misleading state- ment in an application for permit. (2) The permittee, or any permittee's drivers or other personnel, have violated any provision of this article. CD36:11 § 36-84 CLERMONT CODE (3) The permittee has failed to obtain a current business tax receipt for each megacycle or failed to maintain and display a valid decal on each megacycle. (4) The permittee has failed to pay any judgment which has been rendered in any court of competent jurisdiction against the permittee or agents because of injuries to persons or property in connection with the operation of a megacycle for which the permittee is required to have a decal. (5) The permittee has failed to take proper precaution to prevent the permittee's drivers or other employees or agents from violating the terms of this article or any applicable traffic laws or criminal laws. (6) The permittee, or any of the permittee's principals, officers, drivers, employees, or agents, have violated any ordinances of the city, laws of the state, or laws of the United States. (7) Upon bankruptcy of the permittee. (8) Upon the death of a permittee, or if the permittee is a corporation, limited liability company, or similar organization, upon the dissolution of the organization. (b) The city will provide written notice to the permittee of an order suspending or revoking a permit. Notice will be valid if sent by U.S. mail or, if hand delivered, to the person and address provided for receipt of notices in the permit. (Ord. No. 2022-008, § 2(62-62), 2-22-2022) Sec. 36-85. Appeal procedure. If the city denies an application for a permit required by this article, or issues an order of suspension or revocation, the applicant or permit - tee may file a written appeal within ten calendar days of notification. Appeals must be filed with the city manager who will coordinate an appeal hearing. The appeal will be heard by the city manager whose decision will be final administra- tive action. (Ord. No. 2022-008, § 2(62-63), 2-22-2022) Sec. 36-86. Enforcement. In addition to the suspension or revocation of any permit issued, any violation of this article may be enforced in accordance with section 1-7 or 2-176. (Ord. No. 2022-008, § 2(62-64), 2-22-2022) Sec. 36-87. Posting signs. The city shall post appropriate signage to notify the general public that permitted com- mercial megacycles are authorized to use the streets in the designated area. (Ord. No. 2022-008, § 2(62-65), 2-22-2022) • • • CD36:12 • • Chapter 37 RESERVED CD37:1 • • Chapter 38 UTILITY SERVICES* Article I. In General Sec. 38-1. Purpose of chapter; water and sanitary sewer system established as public utility. Sec. 38-2. Definitions. Sec. 38-3. Public services department created. Sec. 38-4. Connections to be made by the city. Sec. 38-5. When connection with water and sewer system required. Sec. 38-6. Tampering with property of city water or sewer system. Sec. 38-7. Extension of water and sewer lines. Sec. 38-8. Oversize lines. Sec. 38-9. Interpretation of chapter. Sec. 38-10. Water pressure not guaranteed; right of city to turn off water; fee for restoration of water; authority to disconnect. Sec. 38-11. Water meters; stopcock and waste cock or cutoff valve required; right of access. Sec. 38-12. Privately owned wells; digging wells; permit required; informa- tion to be shown. Sec. 38-13. Persons using hot water heaters, steam boilers or heat pumps responsible for damage. Seca. 38-14-38-44. Reserved. Article II. Rates, Charges and Contract Sec. 38-45. Rate schedules for water, sewer and sanitation services. Sec. 38-46. City to pay for sewer and water service; accounting for revenues; estimates in case of nonworking meter. Sec. 38-47. Collection of charges for sewer and water service; discontinu- ance of service for nonpayment. Sec. 38-48. Contracts for water and sewer service. Sec. 38-49. Termination of contract for water service and/or sewer service. Sec. 38-50. Meters and deposits; renters of buildings. Sec. 38-51. Water consumption of city; temporary service; deposit and refund. Sec. 38-52. Utility benefit fees. Secs. 38-53-38-77. Reserved. Article III. Public Sewer Use Sec. 38-78. Use of public sewers required. Sec. 38-79. User's responsibility to keep sewer clean; provide cleanout plugs. Sec. 38-80. Private sewage disposal. Sec. 38-81. Building sewers and connection. Sec. 38-82. Discharges to public sewers; pretreatment of wastes; intercep- tors. Sec. 38-83. Protection from damage. Sec. 38-84. Powers and authority of inspectors. Sec. 38-85. Penalty for violation of article. Secs. 38-86-38-113. Reserved. *State law references -Municipal Home Rule Powers Act, F.S. ch. 166; public utilities, F.S. ch. 366; water and wastewater systems, F.S. ch. 367. CD38:1 CLERMONT CODE Article IV. Backflow Prevention and Cross Connection Control Sec. 38-114. Purpose of article. Sec. 38-115. Definitions. Sec. 38-116. Enforcement of article and prevention measures. Sec. 38-117. Backflow prevention requirements. Sec. 38-118. Protection of public potable water supply. Sec. 38-119. Liability of public employees. Sec. 38-120. Testing. Sec. 38-121. Territorial applicability. Sec. 38-122. Permit required. Sec. 38-123. Effect of other codes and rules. Seca. 38-124-38-144. Reserved. Article V. Stormwater Management Utility Sec. 38-145. Creation of utility; intent of article. Sec. 38-146. Definitions. Sec. 38-147. Findings and determinations. Sec. 38-148. Fees —Imposed. Sec. 38-149. Fees —Schedule. Sec. 38-150. Appeal of impervious surface calculation. Sec. 38-151. Fund; creation; use of funds. Sec. 38-152. Collection of fees. • is CD38:2 UTILITY SERVICES § 38-2 0 • ARTICLE I. IN GENERAL Sec. 38-1. Purpose of chapter; water and sanitary sewer system established as public utility. The purpose of this chapter is to regulate the water and sanitary sewer system now in existence and owned, operated and maintained by the city, together with any and all future extensions thereof and replacements thereto. The water and sanitary sewer system is established and declared to be a public utility for the use and benefit of the city in the maintenance of public health, welfare and sanitation throughout the city. The waterworks and the sanitary sewer system owned by the city shall be administered as one utility system. (Code 1962, § 25-1; Code 1998, § 66-1; Code 2008, § 66-1; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard labora- tory procedure in five days of 20 degrees Celsius, expressed in milligrams per liter. Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet, 1.5 meters, outside the inner face of the building wall. Building sewer means the extension from the building drain to the public sewer or other place of disposal. Combined sewer means a sewer receiving both surface runoff and sewage. Garbage means solid wastes from the domestic and commercial preparation, cooking and dispens- ing of food, and from the handling, storage and sale of produce. Habitation means any building, structure or premises used as a private residence and used for such purposes only. Habitations, separate, means two-family and multiple -family units and outbuildings off from the main building when rented or sub -rented for profit. Industrial wastes means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. Owner, tenant or consumer means the execu- tors, administrators, successors and assigns of the party referred to, and the covenants and agreements contained in any contract between the public services department and its consum- ers shall be binding upon and inure to the benefit of the successors, heirs, executors, administrators or assigns of the respective par- ties thereto. The consumer is considered the owner, as distinguished from a tenant, when the property serviced is recorded or stands of record in the consumer's name. Premises means a habitation, institution, mobile home or place of business. Sanitary sewer system means sewers, disposal and purification plants, equipment used in con- nection therewith, and all facilities, real and personal, owned or used by the city in the disposal of human excreta. Suspended solids means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. Water system means the waterworks owned and operated by the city. Watercourse means a channel in which a flow of water occurs, either continuously or intermit- tently. (Code 1962, § 25-14; Code 1998, § 66-2; Code 2008, § 66-2; Ord. No. 239-C, § 1, 9-25-1984) CD38:3 § 38-3 CLERMONT CODE Sec. 38-3. Public services department cre- ated. The waterworks and the sanitary sewer system shall be operated as the public services depart- ment of the city, which department is hereby created. (Code 1962, § 25-2(a); Code 1998, § 66-3; Code 2008, § 66-3; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-4. Connections to be made by the city. All connections to the sewer and water mains of the city shall be made as required by the public services department, and the connections and use of facilities as set forth in this chapter shall be mandatory. (Code 1962, § 25-4; Code 1998, § 66-5; Code 2008, § 66-5; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-5. When connection with water and sewer system required. (a) All buildings now existing or hereafter erected that are used for residential, com- mercial, or industrial purposes shall be required to connect to the public water and sewer system. (b) Any building now existing and used for residential, commercial, industrial or other use shall be required to connect to the sanitary sewer system within one year from the date that service is certified available by the city engineers. (c) Any building now existing and used for residential, commercial, industrial or other use shall be required to pay the monthly fee, as established by resolution of the council and on file in the city clerk's office, beginning 90 days after service is certified available, regardless of whether or not it is connected to the system. (d) Any new building hereafter erected and used for residential, commercial or industrial use shall within 30 days be connected to such system after service is certified available by the city engineers. Should there be no city -owned system existing at the time construction is completed, then the time limits will apply as in subsections (b) and (c) of this section. (e) If such connection shall not be made within the prescribed period, the public services depart- ment shall, at the expiration of such period, proceed forthwith to require the owner of such lot, parcel or plot to connect to such system in such lawful manner as may be required. M The owner of all houses, buildings or proper- ties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of- way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, provided that the public sewer is within 200 feet of the property line. When a parcel of land is subdivided, sewer service shall be provided in conformance with this chapter and chapter 119. All subdivided properties shall be required to connect to the city's sanitary water and sewer system. (Code 1962, § 25-5; Code 1998, § 66-6; Code 2008, § 66-6; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-6. Tampering with property of city water or sewer system. No person, unless authorized by the city, has the right to turn off or turn on water at the curbstop, corporation stop or valve, or to in any way disconnect or remove any water meter or otherwise molest any water connection, meter or water main belonging to the city. In the event that meter padlocks are cut or curbstops are damaged, a meter tampering fee will be charged to the account holder. The meter tampering fee amount will be included in a fees schedule established by resolution and kept on file in the city clerk's office. (1) If any person shall destroy, deface, impair, injure or wantonly force open any gate or door therein; in any way whatsoever destroy, injure, deface or wantonly destroy any part of the buildings, or the appurtenances, fences or fixtures thereunto appertaining, or any water pipes, gates, reservoirs, hydrants, fountains, or any fixtures or other property • �J �J CD38:4 UTILITY SERVICES § 38-9 0 • • belonging to the water or sewer system of the city; or if any person without author- ity from the city shall remove, open, hitch to, dig out or curb over any fireplug or hydrant, stopcock, valve, valve box or other fixtures belonging to the water or sewer system of the city, the person shall be punished in accordance with the provi- sions of section 1-7. (2) No consumer shall furnish water to any other person either by use of pipes for fixtures on the consumer's own premises or by extending pipes to the premises of other persons. (Code 1962, § 25-9; Code 1998, § 66-7; Code 2008, § 66-7; Ord. No. 239-C, § 1, 9-25-1984; Ord. No. 2017-51, § 1, 11-28-2017) Sec. 38-7. Extension of water and sewer lines. The intent and purpose of this section is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribu- tion of costs of water and sanitary sewer main extensions to serve property within the city limits. (1) Charges established. The city council shall from time to time by resolution or miscel- laneous ordinance set water and sewer connection fees, which are on file in the city clerk's office, on a front foot formula. The sewer connection fee established by this section shall not apply to property previously assessed for sewer service, or to property for which the sewage collec- tion system is constructed without cost to the city. In case property or a tract of land is so situated or shaped that the front foot rule creates an inequitable basis as between it and other tracts of land in the city, then the city council, on the advice of the city manager, shall determine fees in accordance with the intent and purpose of this chapter. (2) Approval by city council required. No water distribution lines or sewer collec- tion lines shall be extended at the cost of the city without first obtaining approval of the city council, except that the city manager is hereby authorized to cause to be constructed sewer and water line exten- sions up to 100 feet per customer when the cost of such extension is reasonably related to the amount collected by the city on the front foot basis established by this section. (3) Form of agreement. When the city council determines that the cost of constructing water or sewer line extensions exceeds and is not reasonably related to the front foot charges set out in this section, the city may enter into an agreement with the property owner or developer, the terms of which shall govern charges for water and sewer line extensions and shall supersede charges authorized by subsection (1) of this section. (Code 1962, § 25-11; Code 1998, § 66-8; Code 2008, § 66-8; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-8. Oversize lines. When the cost of installing water and sanitary sewer main extensions is borne by the customer, and the customer is required to install larger lines or facilities than necessary to serve the customer's property in order to provide for future development, the difference in costs between installing facilities adequate for the property and the oversize lines may be borne by the city, if approved by the city council. In making this determination, the city council shall consider the size of the development, applicable sewer and water plans, and the recommendation of the city engineer and city manager. (Code 1962, § 25-12; Code 1998, § 66-9; Code 2008, § 66-9; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-9. Interpretation of chapter. The city engineer shall decide all questions, conflicts, difficulties and disputes, of whatever nature, which may arise relative to the interpreta- tion of this chapter. The city engineer may recommend exceptions to this chapter where the standards set forth are not feasible, and if the CD38:5 § 38-9 CLERMONT CODE proposed exception is not detrimental to the public interest. Such exceptions must be approved by the city council. (Code 1962, § 25-13; Code 1998, § 66-10; Code 2008, § 66-10; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-10. Water pressure not guaranteed; right of city to turn off water; fee for restora- tion of water; authority to disconnect. (a) The public services department neither guarantees an uninterrupted supply of water or water at any particular pressure for any purpose, but reserves and shall have the right to shut off the water in its main at any time for the purpose of making repairs or extensions or for other purposes incidental to a public water supply, and will not be responsible for any damage resulting from a consumer leaving a faucet open, or otherwise caused by low pressure, or tubercula- tion. (b) The public services department shall have the right to turn off water service at the main for the protection of the city or the consumer in cases where a building has been burned or torn down, where there is a cross connection, or where the consumer has been found to be using water illegally, and to assess the regular schedule of fees for restoration of service. (c) The public services department is authorized to disconnect water service from any premises where, on account of defective plumb- ing, cross connections, or like conditions, it shall be deemed in the best interest of the city to do so. (d) The city shall not be responsible for any loss of water from leaks or otherwise on the private property of a consumer and shall be under no obligation to make adjustment for such leaks. (e) In the event of a water shortage or drought, the city manager is authorized to place moratoriums on water used from the water supply system for lawn irrigation, based on pressure when demand exceeds supply or as ordered by the state to comply with state permit- ting restrictions. The public services department shall have the right to turn off water service for any violation of such moratorium. (Code 1962, § 25-6; Code 1998, § 66-11; Code 2008, § 66-11; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-11. Water meters; stopcock and waste cock or cutoff valve required; right of access. (a) All premises within the city upon which are located single-family residential habitations shall have one water service, and each such premises must have a separate water meter. Two-family, three-family and four -family residences must have separate meters for each dwelling unit. All other premises within the city shall have at least one water service and a separate water meter, whenever possible, for each separate habitation or commercial enterprise located thereon. All premises shall have at least one sewer service. (b) Any new building hereafter erected and used for residential, commercial or industrial purposes must have a stopcock and waste cock or cutoff valve placed by the property line on the discharge side of the water meter in a separate meter box, or at some other point on the premises approved by the public services director. Such cock or valve shall be under the control of the tenant or owner and be used in case of a break in the building or structure or other necessity, so that the pipes to be repaired can be cut off without the necessity of using the street cutoff maintained and installed by the city. (c) The officers and employees of the public services department shall have the right of access to the premises of a consumer at any reasonable hour for the purpose of conducting the normal business of the public services depart- ment, such as making tests and inspections. (Code 1962, § 25-7; Code 1998, § 66-12; Code 2008, § 66-12; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-12. Privately owned wells; digging wells; permit required; information to be shown. (a) Privately owned wells may be drilled and used within the corporate limits of the city, only for the purpose of lawn sprinkling, irrigation, • • CD38:6 • • UTILITY SERVICES § 38-47 operation of air conditioning units, filling of swimming pools or other similar uses, but not for human consumption. (b) It shall be unlawful for any person to bore, dig or drill wells, permitted under subsection (a) of this section within the limits of the city unless an application is made and a permit obtained from the city, and which application and permit shall show data concerning the proposed size and anticipated depth of the well and its exact location. The well construction must comply with all applicable state and local regulations. (Code 1962, § 25-8; Code 1998, § 66-13; Code 2008, § 66-13; Ord. No. 239-C, § 1, 9-25-1984) Sec. 38-13. Persons using hot water heat- ers, steam boilers or heat pumps responsible for damage. Persons using hot water heaters, steam boil- ers or heat pumps which take a supply of water directly from the service pipes of the public services department will do so at their own risk, as the public services department shall not be responsible for accidents or damages resulting in such cases. Should the hot water back up in the water pipes, damaging the meters or other con- nections, the costs of all necessary repairs to such equipment shall be paid by the consumer responsible therefor. (Code 1962, § 25-10; Code 1998, § 66-14; Code 2008, § 66-14; Ord. No. 239-C, § 1, 9-25-1984) Secs. 38-14-38-44. Reserved. ARTICLE II. RATES, CHARGES AND CONTRACT Sec. 38-45. Rate schedules for water, sewer and sanitation services. The rate schedules for water service, sewer service, sanitation service and related fees shall be established by resolution or miscellaneous ordinance and kept on file in the city clerk's office. (Code 1962, § 25-15; Code 1998, § 66-41; Code 2008, § 66-41; Ord. No. 239-C, § 2, 9-25-1984) Sec. 38-46. City to pay for sewer and water service; accounting for revenues; estimates in case of nonworking meter. (a) There shall be no free service rendered by the public services department, and if the city or any department, agency or instrumentality of the city shall avail itself of the service and facilities of the water and sewer system, it shall pay for the use of such service at the established rates. (b) Revenues received from the services and facilities furnished by the water and sewer system to the city shall be accounted for in the same manner as other revenues derived from the operation of the water and sewer system. (c) The city manager or public services direc- tor may estimate the amount of water used, based on average usage, where a nonworking meter has been found. (Code 1962, § 25-17; Code 1998, § 66-42; Code 2008, § 66-42; Ord. No. 239-C, § 2, 9-25-1984) Sec. 38-47. Collection of charges for sewer and water service; discontinu- ance of service for nonpay- ment. (a) In all cases where water is furnished by the waterworks system of the city, the sewer service charge shall be included in the bills for water rendered by the city; provided, however, that each such bill shall show separately the amount of the sewer service charges and the amount of the bill for water. The bill for water, sewer and sanitation service is referred to in this article as the utility bill. Utility bills shall be sent to consumers regularly each month, and the fact that a consumer does not receive a bill shall not constitute grounds for discount or adjust- ment. A utility bill shall not be considered paid until remittance for the bill has been received at the public services department, and the depart- ment shall not be responsible for delays or losses in transportation in the mails, or otherwise. Bad checks shall constitute nonpayment of the utility bill. CD38:7 § 38-47 CLERMONT CODE (b) If the amount of such water and sewer charges shall not be paid within 20 days from the rendition of such bill, the public services depart- ment shall discontinue furnishing water to such premises and shall discontinue the user from the water system of the city and shall proceed forthwith to recover the amount of such water and sewer service charges in such lawful manner as may be required. (c) The public services department shall have the right to refuse service to any premises in cases where the contracting party of such premises has an unpaid water bill under the contract, until such time as the bill is paid. The public services department shall also have the right to refuse service to premises in cases where the owner of such premises has an unpaid bill for services or for material or labor rendered or expended by the public services department in connection with rendering water service to the premises. (d) The public services department shall have the right to transfer a delinquent water bill at one address to the account of the same consumer at another address, provided the consumer is receiving service at the latter address, and shall have the right to discontinue service at the latter address for nonpayment of the transferred bill, regardless of the fact that the current bills are being paid. (Code 1962, § 25-18; Code 1998, § 66-43; Code 2008, § 66-43; Ord. No. 239-C, § 2, 9-25-1984) Sec. 38-48. Contracts for water and sewer service. (a) All applications for water connections and/or sewer service to any premises shall be made to the city in writing on forms provided for that purpose, and shall state fully all the purposes for which such water connection or sewer service is required and the location of the premises to be supplied, and shall be signed by the owner, tenant or an agent. Such application, when accepted by the city or upon its performance of the service applied for, shall constitute a contract between the applicant and the city, which shall bind such applicant to pay to the city for the services rendered its prescribed rates therefor and to comply with all rules and regulations as prescribed and fixed hereby or as hereafter adopted, and the provisions of this article. (b) Any agents, trustees, receivers, administra- tors, executors or anyone handling properties for owners or tenants signing an application for water on behalf of principals, will be held jointly and severally liable with their principals under the terms of the contract of application, which contract will remain in effect until written notice has been received by the public services depart- ment for discontinuance of service. (c) Anyone signing an application for water and/or sewer service and requesting the bill to be sent to a different address for payment by another party does so at the person's own risk, as the public services department does not act as a collection agency for owner or agent, and takes no responsibility for collection of the account. Should the account become delinquent, it will be charged to the contracting party and handled as any ordinary account. (Code 1962, § 25-19; Code 1998, § 66-44; Code 2008, § 66-44; Ord. No. 239-C, § 2, 9-25-1984) Sec. 38-49. Termination of contract for water service and/or sewer service. An applicant for water service and/or sewer service may terminate the applicant's contract for such service at any time by giving notice in writing to the public services department and by paying all amounts due for services up to the date of receipt of such notice by the city. In case notice is not given or the bills due for service are not paid, then the applicant shall continue to be liable for water consumed and/or utility service rendered thereafter and for the minimum monthly rate or charge in case no water is consumed and/or sewer service rendered, even though the applicant may vacate the premises or they may be occupied by other parties who fail to make application for service and sign a contract. The public services department will not accept any notice as binding unless made in writing. Persons giving notice either verbally or by telephone do so at their own risk. (Code 1962, § 25-20; Code 1998, § 66-45; Code 2008, § 66-45; Ord. No. 239-C, § 2, 9-25-1984) is • • UTILITY SERVICES § 38-78 0 • • Sec. 38-50. Meters and deposits; renters of buildings. (a) Meters may be installed for the use of contractors and builders when construction is begun, and all water used shall be charged at the applicable rate. If the water service remains on after construction is completed, the account shall be billed to the contractor until it is transferred to the owner. (b) The city council shall adopt by resolution or miscellaneous ordinance a schedule of deposits for water and sewer service and shall hereafter be known as utility deposits and shall be required for all renters of buildings used for residential, commercial, industrial or other purposes apply- ing for water and sewer service. All deposits shall be evidenced by nontransferable receipts issued by the city in the name of the prospective consumer applying for service, and a refund shall be contingent upon adequate identification and surrender of the deposit receipt. (Code 1962, § 25-21; Code 1998, § 66-46; Code 2008, § 66-46; Ord. No. 239-C, § 2, 9-25-1984) Sec. 38-51. Water consumption of city; temporary service; deposit and refund. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, may be rendered upon written application accompanied by a deposit sufficient to cover the city's estimate of the water to be consumed, materials, labor and any other expense incurred by the city in rendering such service. Upon termination of this service, any balance of this deposit shall be refunded to the consumer. (Code 1962, § 25-22; Code 1998, § 66-47; Code 2008, § 66-47; Ord. No. 239-C, § 2, 9-25-1984) Sec. 38-52. Utility benefit fees. (a) Intent and purpose of section. The intent of this section shall be to establish fees for the purpose of compensating the city for capital expenditures required in providing expansions to the city's wastewater treatment systems and water systems that have resulted from the need to provide such services due to an expanding population. The fees shall not be used to defray expenditures for capital item replacements and shall be placed in a separate fund to be used solely for the purpose of expanding the city's sewer and water capital facilities. (b) Determination of fee. Benefit fees are to be determined and revised in accordance with a detailed analysis of the city's projected sewer and water system needs for capital expansion, such as shown in the city's comprehensive plan, and water and sewer studies prepared by the city engineer or capital improvement plan. (c) Applicability of benefit fees. Benefit fees shall be established by resolution of the city council and are on file in the city clerk's office. Such fees shall apply to all new construction provided with utility service by the city, provided that such facilities are to be provided with water or wastewater services. (d) Payment and collection of fees. Benefit fees shall be collected prior to the issuance of any building permit by the city and prior to the new facility being provided with water or sewer service. (Code 1962, § 25-23; Code 1998, § 66-48; Code 2008, § 66-48; Ord. No. 239-C, § 2, 9-25-1984) Secs. 38-53-38-77. Reserved. ARTICLE III. PUBLIC SEWER USE Sec. 38-78. Use of public sewers required. (a) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdic- tion of the city, any human or animal excrement, garbage or other objectionable waste. (b) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. (c) Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. CD38:9 § 38-78 CLERMONT CODE (d) The owner of all houses, buildings or properties used for human occupancy, employ- ment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required, at the owner's expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of section 38-5. (Code 1962, § 25-24; Code 1998, § 66-76; Code 2008, § 66-76; Ord. No. 239-C, § 3, 9-25-1984) Sec. 38-79. User's responsibility to keep sewer clean; provide cleanout plugs. The owner, tenant or occupant of property connected to the sewer system shall be continu- ously responsible for maintaining and keeping the sewer pipe leading to and between plumbing fixtures and the city's connection to the sewer main clean and free from obstruction, and shall not cause, suffer or permit any article or thing to be introduced into the pipe which causes a stoppage thereof. Failure to keep the sewer pipe leading from the plumbing system to the sewer main clean and maintained in proper condition will give the city the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. It shall be the responsibility of the owner, tenant or occupant of the property connected to the sewer system, to provide an adequate cleanout plug for the purpose of cleaning out the line, at the owner's property line, or as close thereto as may be reasonably appropriate. The city's responsibility for maintaining and keeping the sewer line shall cease at the owner's property line. (Code 1962, § 25-25; Code 1998, § 66-77; Code 2008, § 66-77; Ord. No. 239-C, § 3, 9-25-1984) Sec. 38-80. Private sewage disposal. (a) Where a public sanitary sewer is not available under the provisions of section 38-5, the building sewer may be connected to a private sewage disposal system complying with the provi- sions of this article, but only after city council approval and a determination made that the public sewer is not available. All properties to be subdivided must be connected to the sewer system in accordance with the city's subdivision regula- tions. (b) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a building permit. The application for such a permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the planning and development services department. (c) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the state and county health departments. No permit shall be issued for any private sewage disposal system employ- ing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the city. (d) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 38-5, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Code 1962, § 25-26; Code 1998, § 66-78; Code 2008, § 66-78; Ord. No. 239-C, § 3, 9-25-1984) Sec. 38-81. Building sewers and connec- tion. (a) Permit required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. (b) Installation and connection costs. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city is • CD38:10 UTILITY SERVICES § 38-82 0 • • from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (c) Use for surface runoff, groundwater or stormwater. No person shall make connection of roof downspouts, foundation drains, areaway drains, swimming pools or other sources of surface runoff, groundwater or stormwater to a building sewer or building drain which in turn is con- nected directly or indirectly to a public sanitary sewer. (d) Connection standards; size, slope, align- ment and materials. The connection of the build- ing sewer into the public sewer shall conform to the requirements of the state building code, or other applicable rules and regulations of the city. All such connections shall be made gastight and watertight. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. (e) Guarding of excavations; restoration of public property. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfac- tory to the city. (Code 1962, § 25-27; Code 1998, § 66-79; Code 2008, § 66-79; Ord. No. 239-C, § 3, 9-25-1984) Sec. 38-82. Discharges to public sewers; pretreatment of wastes; interceptors. (a) Unpolluted waters. No person shall discharge or cause to be discharged any storm - water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, swimming pool water, or unpolluted industrial process waters to any sanitary sewer. (b) Use of storm sewers. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet. Industrial cooling water or unpolluted process waters may be discharged, on the approval of the city engineer, to a storm sewer or natural outlet. No wastewater, except as discussed above, shall be discharged into a storm sewer. (c) Prohibited waters and wastes. No person shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewers: (1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. (2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in suf- ficient quantity, either singly or by interac- tion with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/1 as CN in the wastes as discharged to the public sewer. (3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works. (4) Solid or viscous substances in quantities or of such size capable of causing obstruc- tion to the flow in sewers, or other interfer- ence with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and flesh, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grind- ers. (d) Prohibited discharges. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if such wastes can harm either the sewers, sewage treatment process or equipment, have an CD38:11 § 38-82 CLERMONT CODE adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these waters, the public services director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degrees of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are: (1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius). (2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius). (3) Any garbage that has not been properly shredded (no particle larger than one- half of an inch). The installation and operation of any garbage grinder equipped with a motor of three -fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the public services director. (4) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not. (5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine require- ment, to such a degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city engineer for such materials. (6) Any waters or wastes containing phenols or other taste or odor producing substances capable of creating a public nuisance. (7) Any radioactive wastes or isotopes. (8) Any waters or wastes having a pH in excess of 9.5. (9) Materials which exert or cause: a. Unusual concentrations of inert suspended solids, such as, but not limited to, Fuller's earth, lime slur- ries and lime residues, or of dis- solved solids, such as, but not limited to, sodium chloride and sodium sulfate. b. Excessive discoloration, such as, but not limited to, dye wastes and vegetable tanning solutions. C. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treat- ment works. (10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge of treated effluent. (e) Options for treatment of wastewater. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain. the substances or possess the characteristics enumerated in this section, and may have a deleterious effect upon the sewage works, process, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city council shall choose one of the following options for the treatment of the wastewater after a recommenda- tion is made by the city engineer, public services director or the city manager: (1) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers; l� u �J CD38:12 • • • UTILITY SERVICES § 38.84 (3) Require control over the quantities and owner's expense and shall be maintained by the rates of discharge; and/or owner so as to be safe and accessible at all times. (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. (f) Design and installation of pretreatment facilities. If the city permits the pretreatment or equalization of waste flows, the design and instal- lation of the plants and equipment shall be subject to the review and approval of the city engineer, and subject to the requirements of all applicable codes, ordinances and laws. (g) Grease, oil and sand interceptors; location; maintenance. Grease, oil, and sand interceptors shall be provided when, in the opinion of the public services director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil and sand intercep- tors shall be maintained by the owner, at the owner's expense, and shall be in continuous operation. It shall be unlawful for any person to dispose of grease, oil or sand by placing the same in the storm or sanitary sewers of this city. (h) Maintenance of preliminary treatment for flow -equalizing facilities. Where preliminary treat- ment or flow -equalization facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective opera- tion by the owner, at the owner's expense. (i) Control manholes; location; installation and maintenance. When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilities observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at the 0) Measurements, tests and analyses; standards; sampling methods. All measure- ments, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with standards required by the Federal Environmental Protection Agency or the latest edition of Standard Methods for the Examina- tion of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate, or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pH's are determined from periodic grab samples. (Code 1962, § 25-28; Code 1998, § 66-80; Code 2008, § 66-80; Ord. No. 239-C, § 3, 9-25-1984) Sec. 38-83. Protection from damage. No unauthorized person shall maliciously, will- fully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. (Code 1962, § 25-29; Code 1998, § 66-81; Code 2008, § 66-81; Ord. No. 239-C, § 3, 9-25-1984) Sec. 38-84. Powers and authority of inspectors. The public services director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspec- CD38:13 § 38-84 CLERMONT CODE tion, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The public services director or a representative shall have no authority to inquire into any process including metallurgical, chemi- cal, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Code 1962, § 25-30; Code 1998, § 66-82; Code 2008, § 66-82; Ord. No. 239-C, § 3, 9-25-1984) Sec. 38-85. Penalty for violation of article. (a) Any person found to be violating any provision of this article, except section 38-83, and except as provided in subsection (b) of this section, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfac- tory correction of such violation. The offender shall, within the period of time stated in such notice, permanently cease all violations. (b) If the public services director has reason to believe a violation presents a serious threat to the public health, safety and welfare, the direc- tor may immediately request that the violation be corrected or turn off the water of the violator without notification. (c) Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. Any person or agent who shall be found guilty of violating this article shall be subject to the penalties provided by section 1-7. (Code 1962, § 25-31; Code 1998, § 66-83; Code 2008, § 66-83; Ord. No. 239-C, § 3, 9-25-1984) Secs. 38-86-38-113. Reserved. ARTICLE IV. BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL Sec. 38-114. Purpose of article. (a) The purpose of this article is to protect the city's public potable water supply from contamina- tion due to the backflow of contaminants through water service connections. (b) The city adopts by reference the City of Clermont Manual of Cross Connection Control, dated March 23, 2004, as may be updated and amended from time to time. Compliance with the manual and the cross connection program contained therein is hereby required. (c) The manual shall be periodically reviewed by the public services department for compliance with applicable statues, rules and regulations of the state and the state department of environmental protection. (d) A copy of the Manual of Cross Connection Control shall be maintained on file with the city clerk and/or the public services department. (Code 1962, § 25-32; Code 1998, § 66-106; Code 2008, § 66-106; Ord. No. 239-C, § 4, 9-25-1984; Ord. No. 337-C, § 1, 4-13-2004) Sec. 38-115. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved means accepted by the public services director as meeting an applicable specification. Backflow means the flow of water or other liquids, mixtures or substances into the city's potable water supply system from sources other than the city water system. Back siphonage is one type of backflow. Cross connection means any physical connec- tion or arrangement of piping or fixtures between two otherwise separate systems, one of which contains potable water and the other, unap- proved water, fluids, gases or other materials through which backflow may occur. Hazard means any liquid or contaminant in the water other than the city's potable water supply which is considered a health or pollution hazard. Water service connection means the terminal end of a service connection from the public potable water system (i.e., where the city loses jurisdiction and sanitary control over water at its point of delivery to the consumers' water system). If a meter is installed at the end of the • • CD38:14 UTILITY SERVICES § 38-116 0 • service connection, then the service connection shall mean the downstream end of the meter. There shall be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device. (Code 1962, § 25-33; Code 1998, § 66-107; Code 2008, § 66-107; Ord. No. 239-C, § 4, 9-25-1984) Sec. 38-116. Enforcement of article and prevention measures. (a) Cross connections. It shall be unlawful for any person to connect or cause to be connected to the city water supply system, by any means whatsoever, other pipes containing water or any deleterious substance other than the water supply of the city. The owner of the property where any such cross connection is made shall be held responsible for the violation of this section. (b) Violation liability. Any customer found guilty of violating this article or any written order of the city or pursuance thereof, shall be punishable in accordance with section 1-7. In addition, such person or customer shall pay all costs, expenses, and fees incurred by the city for prosecution and violation of this article involved in the case. Each day that a violation of this article occurs constitutes a separate and additional violation. Any customer in violation of this article shall be liable to the city for any expense, loss or damage incurred by the city because of such violation, including attorney's fees. In addition to any penalty provided by law for the violation of this article, the city may bring suit in the appropriate court to enjoin, restrain, or otherwise prevent the violation of this article. (c) Notification of customer; installation of backflow prevention device; effect of refusal. The public services director shall be responsible for conducting a backflow prevention program to safeguard the public potable water supply system from contamination. Whenever the public services director determines that an approved backflow prevention device is required to safeguard the public water system, the director shall give notice in writing to the customer to install an approved backflow prevention device to the service connections on the customer's premises. The customer shall install an approved device after receiving notice to do so in writing. Refusal or inability on the part of the customer to install such devices shall constitute grounds for discontinuing water service to the premises until such devices are installed. (d) Installation, maintenance, and repair of devices. No water service connection to any premises shall be installed or maintained by the city unless the water supply is protected as required by state laws and this article. The customer shall bear all expense of installing and maintaining the protective devices required by the Manual of Cross Connection Control adopted in this article and this article to ensure proper operation on a continuing basis. Installation and maintenance of the protective devices shall be conducted by certified personnel approved by the public services department. All devices shall be protected against vandalism, either by fence, chain and lock of valves, or removal of valve handles. All backflow devices shall be installed according to manufacturer's installation procedures. All devices shall have 24 inches of clearance on all four sides. (e) Discontinuance of service. The public services director or their designee is hereby authorized and directed to discontinue potable water service to any property, wherein any con- nection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamina- tion of the public potable water system. Water services to such property shall not be restored until the actual or potential cross connection has been eliminated or until an appropriate backflow prevention device has been installed in compli- ance with the provision of this article. Any cost in disconnection or reconnection of the water service will be paid by the customer. (f) Inspection. The customer's system should be open for inspection at all reasonable times to authorized representatives of the public services department to determine whether cross connec- tions or other structural or sanitary hazards, including violations of this article exist. When such a condition becomes known, the city shall give the owner notice pursuant to subsection (c) of this section, to immediately eliminate the CD38:15 § 38-116 CLERMONT CODE cross connection. Premises having internal cross connections shall be reported to the local health department. Any fees or charges established by the city pursuant to the regulations or require- ments established herein may be changed from time to time by resolution of the city council. (g) Property access. Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter any building, structure, or property served by a connection to the public potable water system of the city for the purpose of inspecting the connec- tion, backflow protection devices, and all por- tions of the piping system or systems on such property. Consent to such access shall be obtained from a person of suitable age and discretion therein or in control thereof. The refusal of such information or refusal of access, when requested shall be deemed evidence of the presence of cross connections. If consent to access cannot be obtained, the city may obtain an inspection warrant pursuant to F.S. § 933.21 or, in an emergency, the city employees may enter the premises without consent. (Code 1962, § 25-34; Code 1998, § 66-108; Code 2008, § 66-108; Ord. No. 239-C, § 4, 9-25-1984; Ord. No. 337-C, § 2, 4-13-2004) Sec. 38-117. Backflow prevention require- ments. An approved backflow prevention device shall be installed on each service line to a customer's water system as specified by the Manual of Cross Connection Control, adopted in this article, and this article. (Code 1962, § 25-35; Code 1998, § 66-109; Code 2008, § 66-109; Ord. No. 239-C, § 4, 9-25-1984; Ord. No. 337-C, § 3, 4-13-2004) Sec. 38-118. Protection of public potable water supply. The potable water supply made available on the properties served by the public potable water system shall be protected from present or future possible contamination as specified by the Manual of Cross Connection Control, adopted in this article, this article, and by state, county and city building, plumbing and water regulations and codes. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system and does not use a potable source of water must be labeled "WATER UNSAFE FOR DRINKING" or "NONPOTABLE WATER" in a conspicuous manner. (Code 1998, § 66-110; Code 2008, § 66-110; Ord. No. 337-C, § 4, 4-13-2004) Sec. 38-119. Liability of public employees. No section of this article designating the duties of the city, a city officer or city employee shall be so construed to make the city or such officer or employee liable for any fine, damages or penalty for failure to perform such duty. (Code 1998, § 66-111; Code 2008, § 66-111; Ord. No. 337-C, § 5, 4-13-2004) Sec. 38-120. Testing. It shall be the duty of the customer -user at any premises where backflow prevention devices are installed to have thorough inspections and operational tests. The frequency of inspections and re -inspections shall be as established by the Manual of Cross Connection Control of the public services department of the city and in no case shall be less than once a year. These inspections and tests shall be at the expense of the water user, and tests of devices shall be performed by certified testers of a recognized institution approved by the public services director. These devices shall be repaired, overhauled or replaced at the expense of the customer -user whenever they are found to be defective. The customer shall keep records of testing, maintenance, and repair activities related to cross connection control and shall make these records available to the city upon request. One copy of the repair and testing data shall be given to the public services director for the director's records. (Code 1962, § 25-38; Code 1998, § 66-112; Code 2008, § 66-112; Ord. No. 239-C, § 4, 9-25-1984; Ord. No. 337-C, § 6, 4-13-2004) • • 1� u CD38:16 UTILITY SERVICES § 38-146 0 • • Sec. 38-121. Territorial applicability. All territory within the city served by the city potable water system and any area served by the city shall be governed by this article to the extent permitted by law. (Code 1998, § 66-113; Code 2008, § 66-113; Ord. No. 337-C, § 7, 4-13-2004) Sec. 38-122. Permit required. A plumbing permit is required before a back - flow prevention device or irrigation system can be installed. (Code 1962, § 25-40; Code 1998, § 66-114; Code 2008, § 66-114; Ord. No. 239-C, § 4, 9-25-1984) Sec. 38-123. Effect of other codes and rules. The Manual of Cross Connection Control adopted in this article does not supersede the Florida Building Code, the Florida Safe Drink- ing Water Act (F.S. § 403.850 et seq.), state drinking water regulations or any other city or state statute, ordinance, rule, or regulation applicable to public water systems, but is supplementary to them. When conflicts exist between the manual, this article, and such other codes and rules, the more restrictive provisions shall apply. (Code 1998, § 66-115; Code 2008, § 66-115; Ord. No. 337-C, § 8, 4-13-2004) Secs. 38-124-38-144. Reserved. ARTICLE V. STORMWATER MANAGEMENT UTILITY Sec. 38-145. Creation of utility; intent of article. Pursuant to the Home Rule Power of article VIII, 2(b) of the state constitution and F.S. ch. 166 and the powers granted in the Charter of the city, the city does hereby establish a stormwater management utility and declare its intention to acquire, own, construct, equip, operate and maintain open drainageways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a complete stormwater control system; and also including maintenance, extension and reconstruction of the present storm - water control system of the city; to minimize by suitable means the system's contribution to flood- ing; to minimize by suitable means the system's adverse effect on the water quality of adjacent lakes; and to seek the cooperation of the county, other municipalities and agencies in minimizing the effects of all such systems and other sources of accelerated runoff to such flooding and water quality. (Code 1998, § 66-141; Code 2008, § 66-141; Ord. No. 268-C, § 1, 9-11-1990) Sec. 38-146. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Beneficiaries of drainage service means all developed real properties within the city which benefit by the provision of maintenance, opera- tion and improvement of the stormwater control system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater; the reduction of hazard to property and life resulting from stormwater runoff; and improvement in the general health and welfare through reduction of undesirable stormwater conditions and improvements to the water quality in the stormwater and surface water system and its receiving waters. Contributors of drainage waters means all developed real properties within the city. Developed means any property altered in appearance by removal of vegetation, grading of the ground surface and construction of a structure or impervious surface. Director means the director of public services or other designee appointed by the city manager. Equivalent residential unit (ERU) means the average impervious area for single-family dwell- ings in the city, as established by resolution of the city council. CD38:17 § 38-146 CLERMONT CODE Fee means stormwater management utility fee enacted in this article and set forth by resolution. Hydrologic response means the manner and means by which stormwater collects upon real property and is conveyed from real property, and which is a function dependent upon a number of interacting factors, including, but not limited to, topography, vegetation, surficial geologic condi- tions, antecedent soil moisture conditions and groundwater conditions. The principal measures of the hydrologic system may be stated in terms of total runoff volume, as a percentage of total precipitation which runs off or in terms of the peak rate of flow generated in the event of a storm of given duration and intensity or statisti- cal interval of return (frequency). Impervious areas means those areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions prior to development and/or caused water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development, including normal water in ponds and lakes. Multiple dwelling unit means a building or facility consisting of more than one dwelling unit, each such unit consisting of one or more rooms with bathroom and kitchen facilities designed for occupancy by one family. Nonresidential unit means any building, structure or facility used other than as a dwell- ing unit or single-family unit. Open drainageway means a natural or man- made open cut which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation, such as swales, ditches, canals, streams and creeks. Peak flow means the highest instantaneous rate of stormwater runoff, measured or estimated in cubic feet of water per second. It is differenti- ated from total flow volume by the introduction of a unit of time measure during which the maximum rate of flow is measured, calculated or estimated. Single-family unit (SFU) means one or more rooms with bathroom and kitchen facilities designed for occupancy by one family, such as houses, townhouses, apartment units, duplex units, condominiums, zero lot line, etc.; where the units are sold, deeded or leased as single- family units and/or have individual water meters. Stormwater control system means any means by which the stormwater runoff is conveyed, the peak flow from developed land surfaces is reduced, the erosion created by stormwater is reduced and/or the water quality of the stormwater runoff is improved. Total flow means the accumulative volume of stormwater discharged from a property, basin or watershed. The total flow is quantified in measures such as acre feet or cubic feet of water. Utility means the stormwater management utility created by this article. (Code 1998, § 66-142; Code 2008, § 66-142; Ord. No. 268-C, § 1, 9-11-1990) Sec. 38-147. Findings and determinations. It is hereby found, determined and declared as follows: (1) Those elements of the system for the collection, treatment and disposal of stormwater and surface water are of benefit and provide services to all property within the city, including property not presently served by the storm elements of the system. (2) The cost of operating and maintaining the city stormwater management utility system and financing necessary repairs, replacements, improvements and exten- sion of such system should, to the extent practicable, be allocated in relationship to the user impacts, benefits enjoyed and services received therefrom. • CD38:18 • • UTILITY SERVICES § 38-151 (3) All property within the city demonstrates a hydrologic response to rainfall events which generate stormwater runoff. The volume, rate and quality of runoff will vary with the soil type, land use condi- tions, topographic conditions and other variables. In particular, the construction of commercial units on previously undeveloped property will generally increase the volume and rate of stormwa- ter runoff and adversely affect its water quality. (Code 1998, § 66-143; Code 2008, § 66-143; Ord. No. 268-C, § 1, 9-11-1990) Sec. 38-148. Fees —Imposed. A stormwater management utility fee is hereby imposed upon developed lots and parcels within the city for services and facilities provided by the stormwater management utility system. For purposes of imposing the stormwater manage- ment utility fee, all lots and parcels within the city are classified as residential or nonresidential. The city manager or designee is directed to prepare a list of lots and parcels within the city and assign a classification of residential or nonresidential to each parcel. All developed lots and parcels are subject to the stormwater manage- ment utility fee, with the exception of public rights of ways and governmental owned and operated facilities. (Code 1998, § 66-144; Code 2008, § 66-144; Ord. No. 268-C, § 1, 9-11-1990; Ord. No. 2017-51, § 2, 11-28-2017) Sec. 38-149. Fees —Schedule. (a) The city council shall by resolution establish reasonable rates for the stormwater manage- ment utility system. For each single-family unit (SFU) a flat fee shall be established. For residential accounts not individually metered, the account holder of the master meter shall be billed the fee established for an SFU, multiplied by the number of residential units. (b) For nonresidential properties, the number of equivalent residential units (ERU) shall be determined periodically and shall be included in the rate resolution. All nonresidential properties not covered by subsection (a) of this section shall be billed based on the total impervious area of the property divided by the ERU and then multiplied by the rate established for a residential unit. The total impervious area of the property and the number of ERUs shall be updated by the director based upon any additions to the impervi- ous area as approved through the permitting process. For nonresidential properties that are not separately metered, the total bill will be sent to the account holder of the master meter. (c) Properties with approved on -site drainage retention are eligible for a credit equal to 40 percent of the single-family dwelling unit fee. The on -site drainage retention area must have been engineered by a Florida Registered Profes- sion Engineer to meet or exceed the require- ments of the city stormwater code. In no case shall the fee be less than the monthly residential change per month per unit with approved drain- age retention. (Code 1998, § 66-145; Code 2008, § 66-145; Ord. No. 268-C, § 1, 9-11-1990; Ord. No. 2017-51, § 3, 11-28-2017) Sec. 38-150. Appeal of impervious surface calculation. Any person disagreeing with the calculation of impervious surface, as determined by the utility, may appeal such determination to the director. Any appeal must be filed in writing and shall include a survey prepared by a registered surveyor showing total property area and impervious surface area. Based upon the information provided by the utility and the appealing party, the direc- tor shall make a final calculation of impervious surface. The director shall notify the parties, in writing, of the decision. If still dissatisfied, a party may appeal the director's decision to the city council in the same manner as set forth in this section. The decision of the city council shall be final. (Code 1998, § 66-146; Code 2008, § 66-146; Ord. No. 268-C, § 1, 9-11-1990) Sec. 38-151. Fund; creation; use of funds. (a) All stormwater drainage utility fees col- lected by the city shall be paid into a fund which is hereby created to be known as the stormwater CD38:19 § 38-151 CLERMONT CODE management utility fund. Such fund shall be used for the purpose of paying the cost of storm - water management facilities to be constructed in the various storm drainage basins and paying the cost of operation, administration and maintenance of the stormwater management facilities now existing and to be constructed in the city. To the extent that the stormwater management fees collected are insufficient to construct the needed stormwater management facilities, the cost of the facilities may be paid from such city fund as may be determined by the city council, but the city council may order the reimbursement of such fund if additional fees are thereafter collected. (b) The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the city, except for administrative assessments to cover an equitable share of the cost of accounting, management and government thereof. Other than as described in subsection (a) of this section, the fees and charges shall be used solely to pay for the cost of operation, repair, maintenance, improvements, renewal, replacement, design, right-of-way acquisi- tion and construction of public stormwater drain- age facilities existing now and in the future and the costs incidental thereto. (Code 1998, § 66-147; Code 2008, § 66-147; Ord. No. 268-C, § 1, 9-11-1990) Sec. 38-152. Collection of fees. (a) The stormwater drainage utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities and billed and collected separately as stormwater management utility fees for those lots or parcels of land and owners thereof not utilizing other city utilities. All such bills for stormwater management utility fees shall be rendered monthly by the finance department and shall become due and payable in accordance with the rules and regulations of the finance department pertaining to the collection of utility fees. The stormwater management utility fee is part of a consolidated statement for utility custom- ers which is generally paid by a single payment. If a partial payment is received, the payment shall be first applied to garbage and trash, next applied to stormwater drainage, next applied to sewer and finally applied to the water account. In the event a property tenant or owner has vacated the building and discontinued other city services, the property owner shall continue to be charged the stormwater management utility fee. (b) Any charge due under this article which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided by this article or any other ordinance of the city, failure of any user of city utilities within the city to pay such charges promptly, when due, shall subject such user to discontinuance of utility services. The city manager is hereby empowered and directed to enforce this section as to any and all delinquent users. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair or the enforcement of the provisions of this article. (c) All stormwater management utility fees assessed pursuant to this article shall be a lien upon the property to which such fee is associated from the date the fee becomes due until such fee is paid. The owner of every building, premises, lot or house shall be obligated to pay the fee for all service provided for the owner's premises, which obligation may be enforced by the city by action or law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the city shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or buildings shall pay the charges, it shall relieve the landowner from such obligation and lien, but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this article, and the failure of any owner to learn that the owner purchased property against which a lien for stormwater management utility fees exists shall in no way affect the owner's responsibility for such payment. (Code 1998, § 66-148; Code 2008, § 66-148; Ord. No. 268-C, § 1, 9-11-1990; Ord. No. 2017-51, § 4, 11-28-2017) • is • CD38:20 C� • Chapter 39 RESERVED CD39:1 • Chapter 40 WATERWAYS* Article I. In General Secs. 40-1-40-18. Reserved. Article II. Speed Limits Sec. 40-19. Authority. Sec. 40-20. Definitions. Sec. 40-21. Idle speed/no wake zones. Sec. 40-22. Adoption of speed limits. Sec. 40-23. Enforcement and penalties. Secs. 40-24-40-49. Reserved. Article III. Boat Restrictions Sec. 40-50. Penalty for violation of article. Sec. 40-51. Determinations by council. Sec. 40-52. Gasoline -powered motors; prohibited use or operation. Secs. 40-53-10-77. Reserved. Article IV. Personal Watercrafts Sec. 40-78. Definitions. Sec. 40-79. Enforcement. Sec. 40-80. Requirements for individuals operating personal watercrafts. Sec. 40-81. Requirements for watercraft rental businesses. Sec. 40-82. Permits for watercraft rental businesses. *State law references —Municipal Home Rule Powers Act, F.S. ch. 166; Beach and Shore Preservation Act, F.S. ch. 161; Florida Vessel Safety Law, F.S. ch. 327. CD40:1 WATERWAYS § 40-49 0 • ARTICLE I. IN GENERAL Secs. 40-1-40-18. Reserved. ARTICLE II. SPEED LIMITS Sec. 40-19. Authority. The city council is authorized by state law and the Charter of the city and empowered to regulate vessel speed at which motorboats and vessels of all kinds may be operated within the restricted zones. (Code 2008, § 70-1; Ord. No. 2020-31, § 2, 9-22-2020; Ord. No. 2021-014, § 2, 5-25-2021) Sec. 40-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Idle speed No wake means that a vessel must proceed at a speed no greater than that which will maintain steerage and headway. Motorboat means any boat or vessel propelled or powered by machinery. Operator or operation means to navigate or otherwise use such a boat or vessel. Vessel is synonymous with boat and means a motor or artificially propelled vehicle and every other description of watercraft, whether motor propelled or not, including barges and airboats, other than a seaplane on the water, used or capable of being used as a means of transporta- tion on water. Waters of the city means all waters lying within the boundaries of the city of such a proportion to allow thereupon the operation of a vessel or a motorboat. (Code 2008, § 70-2; Ord. No. 2020-31, § 2, 9-22-2020; Ord. No. 2021-014, § 2, 5-25-2021) Sec. 40-21. Idle speed/no wake zones. (a) The following areas on Lake Minneola located within the incorporated waters of the city with non -restricted public access are declared idle speed. The waters within 500 feet of the city boat ramp and Lake Hiawatha on Lake Min- neola are idle speed. The following areas are public launching or landing facilities, and the distances the boating restricted areas are granted under state statutes. (1) Area within 500 feet around the city boat ramp more particularly described and delineated by buoy markers/signs; and (2) Area within 500 feet around the Lake Hiawatha public landing facilities more particularly described and delineated by buoy markers/signs. (b) This section shall not apply in case of emergency nor to any law enforcement or emergency services patrol or rescue boat. (Code 2008, § 70-3; Ord. No. 2020-31, § 2, 9-22-2020; Ord. No. 2021-014, § 2, 5-25-2021) Sec. 40-22. Adoption of speed limits. Speed limits, and subsequent amendments, shall be adopted by ordinance of the city council and shall not exceed or diminish speed limits set by the board of county commissioners. (1) After adoption of such speed limit, slow speed or no -wake signs shall be posted at all public boat -entrance ramps and public launching points along the portion of the waterway specified in the resolution. Additional signs may be posted as deemed necessary by the city council and upon the approval of the required county, state and federal regulatory agencies. (2) No person shall operate a boat at a rate of speed in excess of the slow speed sign posted. (Code 2008, § 70-4; Ord. No. 2020-31, § 2, 9-22-2020; Ord. No. 2021-014, § 2, 5-25-2021) Sec. 40-23. Enforcement and penalties. Enforcement and penalties shall be as provided by applicable law. (Code 2008, § 70-5; Ord. No. 2020-31, § 2, 9-22-2020; Ord. No. 2021-014, § 2, 5-25-2021) Secs. 40-24-40-49. Reserved. CD40:3 § 40-50 CLERMONT CODE ARTICLE III. BOAT RESTRICTIONS Sec. 40-50. Penalty for violation of article. Any person violating this article shall be subject to a fine not to exceed $500.00. (Code 1998, § 70-33; Code 2008, § 70-33; Ord. No. 276-C, § 5, 8-11-1992) Sec. 40-51. Determinations by council. (a) The city council has determined that the best interests of the public would be served by prohibiting the use of all gasoline -powered motors on boats and like craft on the landlocked bodies of water within the city. (b) The city council has determined that such regulations would promote the general health, safety and welfare of the community. (Code 1998, § 70-31; Code 2008, § 70-31; Ord. No. 276-C, §§ 1, 2, 8-11-1992) Sec. 40-52. Gasoline -powered motors; prohibited use or operation. (a) The use of any and all gasoline -powered motors on boats or other like craft on any landlocked body of water or lake within the city shall be prohibited. (b) It shall be unlawful for any person to operate a gasoline -powered motor on boats or other like craft on any landlocked body of water or lake within the city. (Code 1998, § 70-32; Code 2008, § 70-32; Ord. No. 276-C, §§ 3, 4, 8-11-1992) Secs. 40-53-40-77. Reserved. ARTICLE IV. PERSONAL WATERCRAFTS Sec. 40-78. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial operator or commercial operators means and refers to any business lawfully engaged in the rental, leasing, bailment for consideration, or other provision of transportation for remunera- tion of watercrafts as defined in this section. Personal watercraft means and refers to ves- sels less than 16 feet in length that use an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. See F.S. § 327.02(36). Vessel means and refers to every boat, barge, airboat, or other vehicle capable of being used as a means of transportation on water, except for seaplanes. See F.S. § 327.02(47). Watercraft means and refers to both vessels, as defined in F.S. § 327.02(47), and personal watercrafts, as defined in this section and F.S. § 327.02(37). (Code 2008, § 70-54; Ord. No. 2021-016, § 2, 6-8-2021) Sec. 40-79. Enforcement. Notwithstanding anything contained herein to the contrary, the city may enforce this article by alternate means, including, but not limited to, code enforcement or code citations pursuant to F.S. ch. 162, pt. I (F.S. § 162.01 et seq.) or pt. II (F.S. § 162.21 et seq.); by civil action, including petitions to enjoin persons violating this article; or by any other means available by law. (Code 2008, § 70-58; Ord. No. 2021-016, § 2, 6-8-2021) Sec. 40-80. Requirements for individuals operating personal watercrafts. (a) Every person operating, riding, or towing behind a personal watercraft must wear an approved non -inflatable wearable personal flota- tion device. Inflatable personal flotation devices are expressly prohibited for personal watercraft use. (b) The operator of a personal watercraft must attach the engine cutoff switch lanyard, if operat- ing a model equipped with one, to the operator's person, clothing, or personal flotation device. • • CD40:4 • • WATERWAYS § 40-81 (c) Personal watercrafts shall not be operated from the half hour after sunset to the half hour before sunrise, even with the use of navigation lights. However, agents or employees of law enforcement agencies and other first responders are exempt from this subsection while perform- ing their official duties. (d) A person must be at least 14 years of age to operate a personal watercraft and at least 18 years of age to rent a personal watercraft. Under state law, it constitutes a second-degree misdemeanor for a person to knowingly allow a person under the age of 14 years to operate a personal watercraft. (e) Anyone born on or after January 1, 1988, must either successfully complete a National Association of State Boating Law Administra- tors (NASBLA) approved boating education course, pass an equivalency course, or otherwise obtain temporary certification from these courses. In addition to successfully completing such courses, individuals must also possess a boating educa- tion identification card and photo identification card before they may operate a vessel with a motor of ten horsepower or greater. (1) Identification cards for persons complet- ing the NASBLA course or the equivalency exam shall remain in effect for life. (2) Temporary certificates shall remain valid for 12 months after the issue date. M All personal watercrafts must be operated in a reasonable and prudent manner. Failure to operate a personal watercraft in such reasonable and prudent manner shall constitute careless boating in violation of this article. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property shall also constitute reck- less operation of a vehicle in violation of this article, which includes without limitation, weav- ing through congested vehicle traffic, jumping the wake of another vessel or watercraft in a manner unnecessarily close to such other vehicle or when obstructed in visibility around such other vehicle, and swerving at the last moment to avoid a collision. (g) Operators of personal watercrafts must comply with all other applicable boating and personal watercraft provisions of state law, such as those found in F.S. § 327.39. (Code 2008, § 70-55; Ord. No. 2021-016, § 2, 6-8-2021) Sec. 40-81. Requirements for watercraft rental businesses. Any business lawfully engaged in the rental, leasing, bailment for consideration, or other provision of transportation for remuneration of watercrafts, for use by the public on any waterway of the city, must meet the following require- ments: (1) Generally. No person shall offer for rent, lease, or bailment for consideration a personal watercraft which is not registered in the name of the business, which does not have a valid Florida vessel registra- tion number affixed thereon, which does not belong to a watercraft rental busi- ness holding a valid permit for such operations, and which does not otherwise comply with the provisions of this sec- tion. Commercial operators must keep a copy of their valid permit available at all times during which they perform busi- ness. (2) Operations offices. Each watercraft rental business must obtain a business tax receipt which shall be issued to the personal watercraft operations office. The personal watercraft operations office must be located at a land -based site on property not owned by the city. Commercial opera- tors shall immediately provide a busi- ness card, phone number, name, and address for such operations office, upon request from any city personnel. (3) Permitted operations. Commercial watercraft businesses are only permitted to operate at the city boat ramp to launch watercrafts, retrieve watercrafts, and perform related safety checks. Launch- ing commercial watercrafts or conduct- ing any aspect of business, including without limitation safety checks and CD40:5 § 40-81 CLERMONT CODE retrieval, are not allowed at any other city -owned location. Commercial opera- tors are limited to a maximum of six jet skis. (4) Procedures. Except as otherwise provided herein, all transactions related to the watercraft rental, such as payment and reservations of rentals, must occur offsite on property not owned by the city. Furthermore, all watercrafts must remain on their trailers until renters appear for their reserved appointment times. Eleva- tor stacking to stage watercraft between rental appointments is permitted for up to one hour. Commercial operators are required to submit the city's rental reservation form electronically 24 hours in advance for all rentals. Reservations must be in advance. Same day rental reservations are not permitted. Com- mercial operators may not take on -site appointments for reservations. (5) Advertisements. Commercial operators are not permitted to advertise or solicit sales onsite at the city boat ramp. This prohibi- tion includes, without limitation, sig- nage, tables, tents, banners, flyers, and in -person solicitation. Commercial opera- tors may, however, feature the name of their company with reasonable branding on their vehicles, watercrafts, and trail- ers. (6) Parking fees. All commercial operators remain subject to the daily parking fees and regulations posted at the city boat ramp. (7) Identification of watercrafts. Identifying markings shall be placed on each watercraft owned or operated by a com- mercial operator, which must clearly and legibly feature the commercial operator's name. (8) Fueling procedures. Commercial opera- tors may not store fuel tanks on the shoreline. Fueling of watercrafts shall require a spill -proof nozzle or other accept- able device designed for prevention of fuel overflow. Any spillage of fuel onto any city beach or into any city waterways violates this chapter. (9) Safe handling instructions. Each patron of any commercial operator shall receive rules provided by the operator, which must feature the above -stated regula- tions in section 70-54. All commercial operators and patrons must also comply with all other boating and personal watercraft provisions existing in state law, such as those found in F.S. § 327.39. (10) Violations. Commercial operators who fail to fully comply with these regula- tions shall receive an initial warning. A second warning shall require the com- mercial operator to immediately cease operations and vacate the premises for the remainder of the day. A third viola- tion shall result in the commercial opera- tor forfeiting its permit and its ability to operate on any city property. (11) Limitations. No person or entity shall offer for rent a watercraft within the city except for a commercial operator that fully complies with the regulations set forth in this chapter. (Code 2008, § 70-56; Ord. No. 2021-016, § 2, 6-8-2021; Ord. No. 2022-030, § 1, 8-9-2022) Sec. 40-82. Permits for watercraft rental businesses. (a) Each commercial operator must annually renew its permit and pay the related fee, as set forth by the provisions of this article and the city council, respectively. The city will permit a maximum of five commercial watercraft busi- nesses simultaneously. All commercial watercraft businesses with a valid permit on August 9, 2022, will have the opportunity to renew their permit up to 30 days after the expiration date. (b) The permit provided herein shall include the name and contact information for an authorized representative of the watercraft rental business and the original or an identical copy thereof, shall be prominently displayed at all times on any vehicle, including any trailers, operated or used by the business. • is • CD40:6 WATERWAYS 0 • (c) As an additional condition for the approval of the permit hereunder, the water craft rental business shall provide to city in such form as may be required, proof of valid and current general liability insurance, insuring it against all claims made by any person or persons for personal injuries or property damage incurred in connection with the operation of the water craft with minimum policy limits for personal injuries of $1,000,000.00 per person and $2,000,000.00 per occurrence, and for property damages of $100,000.00. The permit shall provide that in the event that said policy is ever canceled or terminated, grantee shall notify city immediately with the name and proof of the replacement insurance carrier and policy. (d) The city council shall establish, by simple resolution, the annual fee for the permit neces- sary to operate a watercraft rental business, as required by section 40-80. (Code 2008, § 70-57; Ord. No. 2021-016, § 2, 6-8-2021; Ord. No. 2022-030, § 1, 8-9-2022) § 40-82 CD40:7 • • • Chapters 41-100 RESERVED CD41:1 I • • Subpart B LAND DEVELOPMENT CODE Chapter 101 GENERAL AND ADMINISTRATIVE PROVISIONS Article I. In General Sec. 101-1. Title. Sec. 101-2. Authority for enactment. Sec. 101-3. Purpose and intent. Sec. 101-4. Consistency with comprehensive plan. Sec. 101-5. Jurisdiction. Sec. 101-6. General interpretation. Sec. 101-7. Delegation of authority. Sec. 101-8. Relationship of specific to general provisions. Sec. 101-9. Conflicting provisions. Sec. 101-10. Rules of construction. Sec. 101-11. Definitions. Sec. 101-12. Enforcement. Secs. 101-13-101-44. Reserved. Article II. Boards, Commissions, and Committees Division 1. Generally Seca. 101-45-101-61. Reserved. Division 2. Planning and Zoning Commission Sec. 101-62. Membership. Sec. 101-63. Qualifications for membership. Sec. 101-64. Annual meeting. Sec. 101-65. Regular meetings. Sec. 101-66. Special meetings. Sec. 101-67. Quorum. Sec. 101-68. Voting. Sec. 101-69. Rules of procedure. Sec. 101-70. Officers. Sec. 101-71. Duties of officers. Sec. 101-72. Vacancies. Seca. 101-73-101-102. Reserved. Division 3. Board of Zoning Adjustment Sec. 101-103. Establishment. Sec. 101-104. Granting of variances. Secs. 101-105-101-121. Reserved. Division 4. Site Review Committee Sec. 101-122. Establishment; duties. Sec. 101-123. Meetings. Sec. 101-124. Membership; chairperson. CD101:1 CLERMONT CODE 0 Secs. 101-125-101-146. Reserved. Article III. Orders and Permits Division 1. Generally Secs. 101-147-101-175. Reserved. Division 2. Development Order and Permit Sec. 101-176. Administrative official. Sec. 101-177. Fees. Sec. 101-178. Development order and development permit required; excep- tions. Sec. 101-179. Development plan approval. Sec. 101-180. Issuance of development order. Sec. 101-181. Contents of development order. Sec. 101-182. Conditions of development orders. Sec. 101-183. Expiration of development order. Sec. 101-184. Application for development permit. Sec. 101-185. Modification of development order. Secs. 101-186-101-208. Reserved. Division 3. Conditional Use Permits Sec. 101-209. General use, provisions and standards. Sec. 101-210. Application. Sec. 101-211. Notice of public hearing. Sec. 101-212. Jurisdictional action and review criteria. Sec. 101-213. Conditions and safeguards. Sec. 101-214. Effectiveness of permit; revocation. Sec. 101-215. Reapplication after denial. Sec. 101-216. Time limit for commencing construction. Sec. 101-217. Development agreements. Secs. 101-218-101-242. Reserved. Article IV. Variances Sec. 101-243. Purpose and general provisions; definitions. Sec. 101-244. Submittal requirements for application. Sec. 101-245. Notice of public hearing. Sec. 101-246. Review criteria and findings. Sec. 101-247. Review of variance applications. Sec. 101-248. Time limit for commencing construction. Sec. 101-249. Transfer. Sec. 101-250. Reapplication after denial. Secs. 101-251-101-278. Reserved. Article V. Amendment Procedure Sec. 101-279. Initiation; applicability of state law. Sec. 101-280. Application. Sec. 101-281. Notice of public hearing. Sec. 101-282. Action by planning and zoning commission and city council. Sec. 101-283. Reapplication after denial of rezoning application. Sec. 101-284. Review criteria. Secs. 101-285-101-301. Reserved. CD101:2 GENERAL AND ADMINISTRATIVE PROVISIONS Article VI. Appeals Sec. 101-302. Procedural appeals. Sec. 101-303. Technical appeals. Secs. 101-304-101-324. Reserved. Article VII. Nonconformances Sec. 101-325. Types of nonconforming status; continuation. Sec. 101-326. Repairs and maintenance. Sec. 101-327. Abandonment of nonconforming use. Sec. 101-328. Uses under conditional use permits. Sec. 101-329. Hardship relief due to eminent domain actions. Secs. 101-330-101-346. Reserved. Article VIII. Development Plan Review Sec. 101-347. Article supplemental to subdivision regulations. Sec. 101-348. Intent of development plan review. Sec. 101-349. Development plan review processes. Sec. 101-350. Development review required. Sec. 101-351. Site plan review procedure; site development permit. Sec. 101-352. Site plan submittal requirements. Sec. 101-353. Engineering plan review procedure. Sec. 101-354. Engineering plan submittal requirements. Sec. 101-355. Effect of site plan and engineering plan approval. Sec. 101-356. Maintenance of improvements. Sec. 101-357. Master plan review procedure. Sec. 101-358. Master plan submittal requirements. Sec. 101-359. Applicability of article. Sec. 101-360. Required improvements. Sec. 101-361. Inspections and acceptance of improvements. CD101:3 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-6 0. • • ARTICLE I. IN GENERAL Sec. 101-1. Title. This land development code shall be entitled the "Land Development Code of the City," otherwise known as the "development code." (Code 1998, § 82-1; Code 2008, § 82-1; Ord. No. 281-C, § 1(ch. 1, § 1), 11-8-1994) Sec. 101-2. Authority for enactment. This land development code is enacted pursu- ant to the requirements and authority of F.S. § 163.2511 et seq., (the Community Planning Act), the city Charter, and the general powers in F.S. ch. 166 (city government). (Code 1998, § 82-2; Code 2008, § 82-2; Ord. No. 281-C, § 1(ch. 1, § 2), 11-8-1994) Sec. 101-3. Purpose and intent. (a) The city has developed this unified land development code to implement the comprehensive plan and to streamline the development review process. This land development code sets forth regulations, requirements and procedures govern- ing the use and development of land for the purpose of protecting the health, safety and general welfare of the citizens of the city and to enhance the appearance, function and livability of the city, to the end of improving the overall quality of life within the community. (b) As required by F.S. § 163.3202, this land development code contains specific and detailed provisions which regulate the subdivision of land, the use of land and water, areas subject to flooding, environmentally sensitive lands, sig- nage, stormwater management and protection of potable water well fields. This land development code also requires that all development be reviewed for its impact on public facilities and services and that adopted levels of service be maintained. (Code 1998, § 82-3; Code 2008, § 82-3; Ord. No. 281-C, § 1(ch. 1, § 3), 11-8-1994) Sec. 101-4. Consistency with comprehensive plan. (a) This land development code incorporates new authorizations, requirements and regula- tions to implement the objectives and policies of the comprehensive plan, and to ensure that all land development activities within the city are consistent with and further the objectives, poli- cies, land uses, densities and intensities in the city's comprehensive plan. (b) It is recognized, however, that situations may arise in the daily administration and enforce- ment of this land development code whereby strict interpretation and enforcement of the land development code may be contrary to the goals, objectives and policies of the comprehensive plan. Such situations may arise due to changes in land development priorities or economics, new issues which were not anticipated at the time this land development code was drafted and adopted, or the inability to meet competing goals through a single action. In these situations, the goals and policies of the comprehensive plan shall take precedence, and the land development code shall be interpreted and administered consistent with the overall goals, objectives and policies of the comprehensive plan as interpreted by the city council, until such time that the land development code or comprehensive plan can be amended to resolve any conflict. (Code 1998, § 82-4; Code 2008, § 82-4; Ord. No. 281-C, § 1(ch. 1, § 4), 11-8-1994) Sec. 101-5. Jurisdiction. The provisions of this land development code shall apply to all development of land within the corporate limits of the city, as now or hereafter defined, and all areas under the jurisdiction of the city for land use planning and development control as specified in any applicable interlocal planning agreements. (Code 1998, § 82-5; Code 2008, § 82-5; Ord. No. 281-C, § 1(ch. 1, § 5), 11-8-1994) Sec. 101-6. General interpretation. In the interpretation and administration of this land development code, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city; and CD101:5 § 101-6 CLERMONT CODE (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Code 1998, § 82-6; Code 2008, § 82-6; Ord. No. 281-C, § 1(ch. 1, § 6), 11-8-1994) Sec. 101-7. Delegation of authority. Wherever a provision appears requiring the administrative official, the head of a department or some other city officer or employee to perform an act or duty, it is to be construed to authorize delegation to subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise, or unless such delega- tion would be contrary to the spirit and intent of this land development code. (Code 1998, § 82-7; Code 2008, § .82-7; Ord. No. 281-C, § 1(ch. 1, § 7), 11-8-1994) Sec. 101-8. Relationship of specific to general provisions. More specific provisions of this land develop- ment code shall be followed in lieu of more general provisions which may be more lenient than, or in conflict with, the more specific provi- sion. (Code 1998, § 82-8; Code 2008, § 82-8; Ord. No. 281-C, § 1(ch. 1, § 8), 11-8-1994) Sec. 101-9. Conflicting provisions. In the case of conflict within this land develop- ment code or between this land development code and other codes or ordinances, the language or provision which is most restrictive or imposes the highest standard shall apply. (Code 1998, § 82-9; Code 2008, § 82-9; Ord. No. 281-C, § 1(ch. 1, § 9), 11-8-1994) Sec. 101-10. Rules of construction. For purposes of this land development code, the following rules of interpretation shall apply: (1) Number. The singular includes the plural and vice versa. (4) Shall and may. The word "shall" is manda- tory and the word "may" is permissive. (5) Person. The term "person" includes an individual, child, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, and all other groups or combinations. (6) Writing. The term "writing" includes handwriting, printing, typewriting and all other methods and means of forming letters and characters upon paper, stone, wood or other materials. (7) Lot. The term "lot" includes the terms "parcel," "plot" and "tract." (8) Land. The term "land" includes the terms "water," "marsh," "swamp," "gross land area" and "gross acreage of land." (9) Street. The term "street" includes the terms "avenue," "highway," "road," "roadway," "boulevard," "lane," "public and private rights -of -way" or other similar words. (10) Terms defined in codes adopted by refer- ence. All words and terms defined in any code adopted by reference are hereby incorporated in this land development code. However, if a word is also defined in this chapter, the latter definition shall apply in all cases except when interpret- ing the referenced code. (11) Terms not specifically defined. All words not defined in this land development code shall carry their customary mean- ing as found in Webster's Ninth New Collegiate Dictionary and Black's Law Dictionary, sixth edition. (Code 1998, § 82-10; Code 2008, § 82-10; Ord. No. 281-C, § 1(ch. 2, § 1), 11-8-1994) Sec. 101-11. Definitions. (2) Gender. Words of gender include all The words defined in this section have special genders. or limited meanings as used in this land develop- (3) Tense. The present tense includes the ment code. The following words, terms and future. phrases, when used in this land development • • �J CD101:6 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to leave, desert, discontinue or cease active use of a building, structure or land. Non-use of a building, structure or land for 12 consecutive months shall be prima facie evidence of abandonment. Abut means to physically touch or border upon, or to share a common property line. Access and accessway mean a traffic -carrying way set aside for vehicular traffic primarily serving only one premises or planned develop- ment project, including private driveways, entrances or exitways and similar private vehicular access, located on the premises served thereby. Accessory building, structure or use means a building, structure or use which: (1) Serves and is clearly incidental and subordinate to the use of the principal building, structure or use; (2) Is subordinate in area, extent or purpose to the principal building, structure or use served; (3) Contributes to the comfort, convenience or necessity of occupants of the principal building, structure or use; and (4) Is located on the same parcel and zoning district with the principal building, structure or use. Accessory occupation means an occupation or activity which may be compatibly conducted and maintained within a dwelling unit. Accessory residential structure means one one - family dwelling located on the premises in addi- tion to the principal building and occupied by the owner, relative of the owner -occupant, caretaker or watchman employed on the premises. Actual construction means the placing of construction materials in a permanent position and fastened in a permanent manner. Where demolition or removal of an existing structure has been substantially begun preparatory to new construction, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the new construction involved. Excavation, fill, drainage and the like shall be considered a part of construction. Such construc- tion shall be completed within the period speci- fied by the approved site development order or permit. Administrative official means the city manager, who is deemed responsible for the overall administration and enforcement of this land development code, or a duly authorized representative thereof. Adult means persons who have attained the age of 18 years. Adult bookstore means an establishment where a substantial portion of the items, material, goods or products sold or rented, offered for sale or rent, displayed or exhibited constitutes adult material. (1) For purposes of the definition of the term "adult bookstore," the term "substantial portion" means more than an insignificant or incidental portion. The term "substantial portion" does not necessar- ily mean a majority or predominant amount. (2) Whether the adult material constitutes a "substantial portion" of the items sold, rented, offered for sale or rent, displayed, or exhibited at a commercial establish- ment does not depend upon a specific percentage or ratio. (3) Whether the adult material that is "sold or rented, offered for sale or rent, displayed, or exhibited" constitutes a "substantial portion" may be determined by evidence relating to some, but not necessarily all, of the following factors: a. The amount of floor space, wall space, or display area dedicated to adult material; b. The amount of adult material sold or rented, offered for sale or rent, displayed, or exhibited in any category or type of product; CD101:7 § 101-11 CLERMONT CODE C. The visibility, prominence, or acces- sibility to customers of adult mate- rial; d. The retail value of the adult mate- rial sold or rented, offered for sale or rent, displayed, or exhibited; e. Whether minors are excluded from the establishment; f. Any other fact, circumstance, or evidence which is relevant to demonstrate the type and quantity of merchandise that the establish- ment sells, rents, offers for sale or rent, displays or exhibits. (4) Packages, boxes, containers, or the like, displaying photographs or text on the outside thereof that fall under the defini- tion of adult material, shall be considered as a category or type of adult material separate and distinct from their contents (or former contents) that may likewise fall under the definition of adult mate- rial. Adult congregate living facility (ACLF) means a structure utilized for the care of the elderly and handicapped public, occupied by more than three persons that are not related to the owners of the facility by bonds of blood, marriage or legal adoption. Such a facility shall be licensed by the state as a congregate living facility. The term "adult congregate living facility" shall not include the criminally insane, or persons with such a severe physical handicap that nursing care or special machines and equipment are necessary, or alcoholic or drug rehabilitation houses, or other similar rehabilitation uses. Adult entertainment establishment means an adult bookstore, an adult motel, an adult performance establishment or an adult motion picture theater operated for commercial or pecuni- ary gain. The words 'operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. Also, the words 'operated for commercial or pecuniary gain" shall be presumed where the establishment has or is required by code to have a local business tax receipt. An establishment advertising itself as an adult entertainment establishment is deemed to be an adult entertainment establishment. Adult material means any one or more of the following, regardless of whether it is new or used: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings or other visual representations, or compact discs, audio recordings or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to speci- fied sexual activities or specified anatomi- cal areas; or (2) Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona fide birth control devices. Adult motel means any motel, hotel, boardinghouse, roominghouse or other place of temporary lodging: (1) Where the word "adult" is used or included by the establishment to identify or name the establishment; (2) Where the predominant or exclusive busi- ness or attraction of the establishment is the offering to customers of a product, service or entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, includ- ing an establishment which is distinguished by an emphasis on, or the promotion of specified sexual activities or the presentation or rental of films, motion pictures, videocassettes, slides or other photographic reproductions, which have as their primary or dominant theme matters depicting, illustrating or relat- ing to specified sexual activities or speci- fied anatomical areas; or (3) Where any room with sleeping accom- modations is rented or otherwise made available to a customer for a period of • • • CD101:8 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • eight hours or less and the customer is required to vacate such room by 8:00 a.m. following the time of rental. Adult motion picture theater means any com- mercial facility with a capacity of one or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Adult performance establishment means an establishment where a worker: (1) Engages in a private performance, acts as a private model, or displays or exposes any specified anatomical areas to a customer; (2) Wears and displays to a customer any covering, tape, pastie, or other device which simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas; (3) Offers, solicits or contracts to dance or perform with a customer in consideration for or accepts any tip, remuneration or compensation from or on behalf of that customer; or (4) Dances or performs with or within three feet of a customer in consideration for or accepts any tip, remuneration or compensation from or on behalf of that customer. Agricultural building or structure means any agricultural building or structure accessory to the principal permitted farming, forestry, horticultural nursery farm, livestock, poultry or other agricultural use of the land. The term "agricultural building" specifically includes greenhouses, frame houses, cloth houses, lathe houses or similar sheathing type structures acces- sory to horticultural nursery farm products. Agricultural processing establishment means premises, or a portion of premises, occupied by an establishment primarily engaged in the processing of agricultural products for sale, resale or other processing charge normally for wholesale market, for inter -establishment transfer, or to order for other processors, rather than for direct retail sale to the domestic consumer. Processing refers to the mechanical or chemical transforma- tion of agricultural products into new products, and includes the use of material handling equip- ment and related storage facilities. Agricultural processing includes the assembling of component parts of processed products if the resulting new product is neither a structure nor other fixed improvement. The final product of agricultural processing may be finished in the sense that it is ready for utilization or consumption, or it may be semi -finished to become a raw material for an establishment engaged in further processing. Processing also includes making, packaging, crat- ing, shipping or any other similar activity that results in this part of the creating or changing the form of agricultural products, including any major specialized cleaning or reconditioning opera- tion or any other similar major original or restorative treatment. Altered and alteration mean any change or rearrangement in the use of land, or supporting members of an existing building, such as bearing walls, columns, beams, girders or interior parti- tions, as well as any change in doors or windows, or any enlargement to or diminution of a build- ing or structure, whether horizontally or verti- cally, or the moving of a building or structure from one location to another. (Reference Structural alteration.) Animal raising means the housing, penning, caging, boarding, keeping, training or raising of the following animals in the specified number when such animals have reached the specified age as measured from birth: four or more dogs at 12 weeks, four or more cats at 12 weeks, three or more rabbits at ten weeks, one or more rare animals at ten weeks, or one or more other specialty animals at eight weeks. Apartment house means the same as the term "multiple dwelling." Auction sales establishment means premises, or a portion of premises, occupied by an establish- ment primarily engaged in the selling of merchandise, goods and other items by means of CD101:9 § 101-11 CLERMONT CODE an auctioneer or other similar process of bidding on a routine or otherwise regularly scheduled basis. Automobile and truck accessory sales and installation means premises, or a portion of premises, occupied by an establishment primar- ily engaged in the retail selling and installation of automobile tires, batteries and other automobile and truck parts and accessories directly to ultimate consumers and not for resale. The term "automobile and truck accessory sales establish- ments" includes installation of the automotive accessories sold on the premises, provided such activities are incidental and accessory to the principal retail selling of tires, batteries and automotive accessories. Automobile and truck rental means premises, or a portion of premises, occupied by an establish- ment primarily engaged in renting or leasing passenger automobiles or trucks without driv- ers, as well as nonmotorized hauling trailers intended to meet the needs of ultimate consum- ers. Automobile and truck rental establishments may include maintenance facilities, provided such maintenance facilities are designed for and incidental to the principal renting or leasing of passenger automobiles, trucks and nonmotor- ized hauling trailers. Automobile and truck repair garage means premises, or a portion of premises, occupied by an establishment on which a person practices a vocation or occupation that performs a type of labor, act or work that primarily results in the fixing and major repair of automobiles and trucks intended for and directly incidental to the needs of ultimate consumers, normally for a fee or charge. The term "automobile and truck repair garage" includes automobile and truck towing services. Automobile and truck service means premises, or a portion of premises, occupied by one or more of the following: Automobile cleaning establishment means a facility primarily engaged in furnishing automobile washing, waxing, polishing, detail- ing or similar services, except repairs, intended for and directly incidental to the needs of ultimate consumers, normally for a fee or charge. Automobile parking establishment means a facility primarily used in providing com- mercial parking facilities on open air lots or structures for relatively short periods of tilne directly to meet the needs of ultimate consum- ers, normally for a fee or charge. Automobile service station means an establishment primarily engaged in the retail selling of gasoline, recreation and home fuels or lubricating oils directly to ultimate consum- ers and not for resale. Automotive service stations may include the retail selling of minor automotive accessories, the performing of minor automotive repair work and the renting of small nonmotorized hauling trailers provided such activities are incidental and accessory to the principal retail selling of gasoline and lubricating oils. Uses prohibited at an automobile service station include, but are not limited to, removal and replacement of heads, crankcase or body parts considered major mechanical and body work, painting, welding, tire recapping or re -grooving, or storage of automobiles not in operating condition, or other work to an extent greater than normally found in service stations. Automobile rental office means premises, or a portion of premises, occupied by an establish- ment primarily engaged in renting or leasing passenger automobiles without drivers intended to meet the needs of ultimate consumers. Automobile rental offices do not include nonmo- torized hauling trailer or truck rental or leasing or maintenance facilities. Automobile wrecking means the dismantling or disassembling of used motor vehicles or trail- ers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. Automotive, equipment, manufactured (mobile home) housing and recreational vehicle dealer sales means premises, or a portion of premises, occupied by one or more of the following: Automobile and truck sales means an establishment primarily engaged in the retail �J • • CD101:10 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • l� u selling of new or used automobiles and trucks and related new parts and accessories directly to ultimate consumers and not for resale. Automobile and truck sales establishments may include repair departments, provided such repair departments, are incidental and acces- sory to the principal retail selling of automobiles and trucks. Boat sales means an establishment primar- ily engaged in the retail selling of new or used boats, motors and related new parts and accessories directly to ultimate consumers and not for resale. Boat sales establishments may include repair departments, provided such repair departments are incidental and acces- sory to the principal retail selling of boats, motors and related marine accessories. Farm equipment sales means an establish- ment primarily engaged in the retail selling of new or used farm tractors, equipment and machinery directly to ultimate consumers and not for resale. Farm equipment sales establish- ments may include repair departments, provided such repair departments are incidental and accessory to the principal retail selling of farm tractors, equipment and machinery. Major equipment sales means an establish- ment primarily engaged in the retail selling of new or used road -building equipment, construc- tion equipment, industrial equipment and related large equipment and major machinery and related new parts and accessories and not for resale. Major equipment sale establish- ments may include repair departments if such departments are incidental and accessory to the principal retail selling of large equipment and major machinery. Manufactured (mobile home) housing sales means an establishment primarily engaged in the retail selling of new or used manufactured housing, mobile homes and related accessories directly to ultimate consumers on the premises and not for resale. Manufactured housing and mobile home sales establishments may include maintenance facilities, provided such maintenance is incidental and accessory to the principal retail selling of the manufactured housing and mobile homes. Travel trailer sales means an establish- ment primarily engaged in the retail selling of new or used travel trailers, including park models, and related new parts and accessories directly to ultimate consumers and not for resale. Travel trailer sales establishments may include maintenance facilities, provided such maintenance facilities are incidental and accessory to the principal retail selling of travel trailers. Automotive specialty sales means an establish- ment engaged primarily in the retail selling of new or used off -road recreational vehicles, motorbikes, motorcycles and similar automotive product specialties and related new parts and accessories directly to ultimate consumers and not for resale. Automotive specialty sales establishments may include repair departments, provided such repair departments are incidental and accessory to the principal retail selling of motorbikes, motorcycles and similar automotive product specialties. Bar, cocktail lounge and saloon mean any building or structure devoted primarily to the retailing and on -premises drinking of malt, vinous or other alcoholic beverages, including any facil- ity where a sign is exhibited or displayed indicat- ing that alcoholic beverages are obtainable on the premises. Base building line means a line drawn paral- lel to the existing or proposed street right-of-way at the interior boundary of the designated right- of-way for determination of the minimum build- ing setback required by this land development code. Basement means a story which has at least 51 percent or more of its outside surface area on one or more exterior walls located below finished grade. Bathhouse means an establishment or busi- ness which provides the services of baths of any type, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. Bed and breakfast inn means a structure with a residential appearance, with no more than 14 CD101:11 § 101-11 CLERMONT CODE sleeping rooms, which has been constructed or modified to serve as a short-term public lodging establishment. A bed and breakfast inn provides personalized accommodations and meal services and is recognized as a bed and breakfast inn in the community and by the hospitality industry. Bedroom means a single room for living purposes, without cooking or other amenities, that is located within a dwelling unit. Such a room is generally intended and designed to be utilized for human slumber. A bedroom shall not be construed to mean a sleeping room, sleeping unit or dwelling unit. Board of zoning adjustment means the board of adjustment authorized by article VIII, section 63, of the Charter. Boat livery means premises, or a portion of premises, where boats, boat motors, minor repair and maintenance of boats and boat motors and small boat hauling and storage facilities are provided, and includes marinas. Boat trailer means a conveyance drawn by other motive power for transporting a boat. Boatyards and boat ways mean premises, or a portion of premises, where facilities for the construction, reconstruction, major repair, maintenance or sale of boats, marine engines, equipment and services of all kinds are provided, including marine railways, lifting, or boat liver- ies and marinas. Breezeway means an outdoor covered pedestrian walkway at finished grade. Building means any structure having a roof supported by columns or walls designed or built for the support, shelter, activities or protection of persons, animals, chattels or property of any kind. Building area means the building area of a structure measured on a horizontal plane at the base of each building and accessory building, including any area of land covered by breezeways, porte-cocheres, outdoor covered patio areas, carports, garages or other off-street parking structures. The term "building area" shall not, however, include uncovered entrance platforms, terraces or steps. Building frontage means the side or wall of a building approximately parallel and nearest to a street. When on a corner, the frontage of a building shall be determined by the administra- tive official as determined by this land develop- ment code. Building height means the vertical distance measured from the finished grade at the front building line to the highest point of the building. Building line means a line drawn parallel to the front parcel line and tangent to the nearest part of the principal building and extending from parcel line to parcel line. Building permit means a valid development permit issued by the appropriate authority under the provisions of the Florida Building Code. Building setback means the same as, and shall be interchangeable with, the term "yard." (Reference the term "front lot line" under the term "lot," the term "setback" and the term "setback line.") Business and professional office means a build- ing, or portion of a building, occupied by an establishment in which a person practices a particular kind of occupation requiring special- ized knowledge and often a long and intensive preparation that primarily results in a special- ized aid, assistance or action directly or indirectly to the needs of individuals, clients or persons engaged in commerce or industry, normally for a fee or charge. Business training school means a building, or portion of a building, occupied by an establish- ment primarily engaged in furnishing nonacademic instruction and trade courses, normally for a fee or charge. Cabana means an open or tent -like structure at a swimming pool or other type of waterfront facility. Carport means a private garage not completely enclosed by walls or doors. Cemetery means premises, or a portion of premises, occupied by an establishment whose primary function is to provide burial places or grounds. The term "cemetery" may, in certain • • �J CD101:12 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 �J instances, include burial places or grounds for pet animals such as dogs, cats, rabbits, hamsters or other small animals, birds or reptiles, but not including livestock. Central sewage treatment facilities means premises, or a portion of premises, occupied by a structure designed for the treatment of sewage and intended to serve more than one tract, platted subdivision or planned development project. Central water treatment facilities means premises, or a portion of premises, occupied by a structure designed for the treatment of water and intended to serve more than one tract, platted subdivision or planned development project. Certificate of occupancy means the document issued by the appropriate authority under the provisions of this land development code, certify- ing that the structure and site, including all improvements, comply with the provisions of applicable statutes, agreements and regulations, which authorizes the use of a structure or premises and is required prior to such use. Church means premises, or a portion of premises, occupied by a religious organization operated primarily for worship and related activi- ties. The term "church" does not include day care facilities or public school -oriented educational facilities. Completely enclosed building means a build- ing separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrances and exit doors. Comprehensive plan means the compilation of goals, objectives, policies and recommendations for physical, social and economic development within the city, adopted by ordinance pursuant to the Local Government Comprehensive Plan- ning and Land Development Regulation Act of 1975 (F.S. § 163.3161 et seq.), and containing all required elements thereof. Conditional use means a use which would not be generally appropriate within a class (district) specified within an ordinance or the land develop- ment code, and which could impair the integrity and character of the specific area in which it is proposed to be located, or adjoining areas, unless restrictions or conditions for location, size, extent, character, time of performance or other precaution- ary criteria are imposed in addition to those specifically imposed by the ordinance or the land development code. Conditional use permit means the written, approved permit issued by the appropriate author- ity in accordance with the provisions of this land development code which authorizes a conditional use and is required prior to issuance of a site development permit, certificate of occupancy or local business tax receipt for the premises. Construction and contractor yard means an establishment in which a person exercises a vocation or occupation that performs a type of labor, act or work that directly results in the fabrication, construction, addition, alteration, repair or development of land, buildings or structures on given premises. Such occupation may be performed on a contract basis or for sale, resale, lease or rent, or for a fee, charge or other means of compensation, including the equip- ment, materials and other items utilized by such entities in practicing their vocation or occupa- tion. Construction and contractor yard establish- ments may include maintenance facilities, provided such maintenance facilities are located on the premises and designed to be utilized only for the maintenance of equipment accessory and incident to the principal use and activities of the construction and contractor yard establishment. Contractor means the person authorized by the owner or developer to undertake any construc- tion, installation or maintenance activities defined in this land development code. Convalescent home means a building, or por- tion thereof, wherein, for compensation, living accommodations and care are provided for persons suffering from illness (other than contagious illness which is not of sufficient severity to require hospitalization) or for persons requiring further institutional care after being discharged from a hospital. CD101:13 § 101-11 CLERMONT CODE Corner lot means a lot which abuts on two or more intersecting streets at their intersection. County clerk means the clerk of the circuit court of the county. Cul-de-sac means a street having only one end open for vehicular traffic and the other end permanently terminated by an approved turnaround for vehicles. Day care facility means premises, or a portion of premises, occupied by a person licensed to provide day care and related services to unrelated individuals for periods of time less than 24 hours. Day care facilities may include living quarters containing a kitchen located within the principal building and designed for the resident family, owner, caretaker or watchmen employed on the premises. Density means the degree of aggregation, the quantity of any entity distributed over an area per unit of aerial measure, e.g., persons per acre, families per acre, or dwelling units per acre. Developer means any person, firm, partner- ship, association, corporation, company or organization, or the authorized agent thereof, engaged in any type of manmade change or activity defined in this land development code to improved or unimproved land. Development order means an order issued by and upon approval of an official, board, commis- sion or administrative officer authorizing a specific use and development, and further authorizing the subsequent issuance of necessary develop- ment permits. Development permit means the formal permis- sion to erect, construct, reconstruct, alter, raze, move, remove or otherwise disturb or develop land or structures within the city. The term "development permit" includes, but is not limited to, zoning clearances, building permits, sign permits, tree removal permits, grading and excavation permits, etc. Dimensional variance means a written, authorized departure from the terms of this land development code pertaining to height, width, depth or area of structures, or size of required yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of this land development code would result in unnecessary and undue hardship. District means a portion of the territory of the city within which certain regulations and require- ments or various combinations thereof apply under provisions of this land development code. Double frontage lot means any lot other than a corner lot which abuts on two streets. Drainageway means any natural or artificial watercourse, trench, ditch, swale or similar depres- sion into which surface water flows. Drip line means an imaginary perpendicular line that extends downward form the outermost tips of the tree branches to the ground. Drive-in restaurant means an eating and drink- ing establishment designed primarily to provide for the quick, efficient and convenient ordering and dispensing of food and beverages to automobile -oriented customers. Such establish- ments normally specialize in carryout purchases, which may be consumed on the premises, within automobiles or off the premises entirely. Off- street parking, automobile access to the premises and automobile drive -through window service or similar in -car service facilities normally constitute a major service factor in the function of the establishment. Dwelling, multifamily, means a building consist- ing of three or more dwelling units, sharing a single roof, with varying arrangements of party walls and physically separating features. Dwelling, single-family, detached, means a single-family dwelling designed for and occupied by not more than one family, which shares neither walls nor roof with any other dwelling unit. Dwelling, two-family (semidetached or duplex), means a building containing two dwelling units, sharing a single roof, which may be either attached • is CD101:14 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • side -by -side by a party wall, separated by a carport, garage or other physical feature, or erected one unit above the other. Dwelling unit means a building or part thereof containing complete cooking, sleeping and sanitary facilities that is designed in whole or in part as the separate and independent residence or living quarters for one or more persons, which provides shelter and the amenities for permanent human habitation, and is physically separated from any other dwelling units which may be in the same structure. The term "dwelling unit" does not include the term "bed and breakfast," "inn," "hotel," "motel," "boardinghouse," "day care facil- ity," "resident care facility," "travel trailer," "recreational vehicle" or "tent," or any temporary lodging, boarding or rooming building or structure designed for transient residence. The term "dwell- ing unit" shall not be construed to mean a sleeping unit. Easement means a grant by a property owner of the use of a specified portion of the owned land to another party for a specific purpose. Eating and drinking establishment means a building, or portion of a building, occupied by an establishment in which a person practices a vocation that performs a type of labor, act or work that primarily results in the preparation and retail sale of food and beverages directly to ultimate consumers and not for resale. Education facilities means a building, or por- tion of a building, occupied by an establishment primarily engaged in furnishing accredited academic courses or technical instruction. Educational facilities include grades kindergarten through postgraduate and vocational educational courses. Efficiency means a multiple -family dwelling unit consisting of not more than one habitable room together with cooking and sanitary facili- ties. An efficiency shall not be construed to mean a sleeping unit, bedroom or sleeping room. Elevated building means a non -basement build- ing constructed to have the lowest floor elevated above the ground level by means of fill, solid foundation, perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls. Erect means to construct, build, raise, assemble, place, affix, attach or create. Family means one or more persons occupying a single dwelling unit, provided that, unless all members are related by blood, adoption or mar- riage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family. This definition shall exclude fraternity or sorority houses, as well as boardinghouses, unrelated roommates above the specified number, communes and other alternative arrangements. Filling station means the same as the term "automobile service station." Finished grade means the top surface eleva- tion of lawns, accessways, slabs, walkways or other improvement surfaces after completion of construction or grading operations. Fishery means premises, or a portion of premises, occupied by an establishment primar- ily engaged in commercial fishing and the opera- tion of fish hatcheries or fishing preserves. Flammable fuel means gasoline, kerosene, propane, diesel or other combustible fuel products. Flea market means an occasional or periodic market held in an open area of land, or within structures or buildings, where groups of individual sellers offer produce or goods for sale to the public. Floor area means the total floor area within the perimeter of the outside walls of a building or structure as measured from the inside surface of the exterior walls, with no deduction for hallways, stairs, closets, thickness of walls, columns or other interior features, used in determining the required number of exits or in determining occupancy classifications. Floor area ratio (FAR) means the mathemati- cal expression determined by dividing the gross floor area of a building or structure by the area of the lot on which it is located. The ratio of floor CD101:15 § 101-11 CLERMONT CODE area permitted on a lot shall be calculated exclusive of unenclosed exterior porches, walkways and the like. The formula for determining the FAR is as follows: Gross floor area FAR. parcel area Footcandle means the illumination shed by one candle on one square foot at a distance of one foot. Fueling facility means an establishment where flammable products are supplied, stored or dispensed. Funeral home means a building or portion of a building occupied by an establishment primarily engaged in preparing the deceased for burial and conducting funerals. Government -owned use means any land, build- ing, structure, use or activity that is owned and operated by the city, county, state or federal government or a legally empowered special governmental district and is necessary to the conduct of government or the furnishing of public services, or of an institutional character, and over which such governments exercise direct and complete control. Government -owned uses are subject to the same requirements as non - government -owned uses of the same type, except as otherwise provided for in this land develop- ment code. Government -owned uses for which there is no similar non -government -owned use shall be permitted in any zoning district subject to approval by the city council after due public notice as required in the provisions of this land development code. Gross leasable area (GLA) means the total floor area for which a tenant pays rent and which is designed for the tenant's occupancy and exclusive use. GLA is expressed in square feet and measured from the centerline of joint parti- tions and from outside wall faces. Ground covers means low -growing plants installed in such a manner as to form a continu- ous cover over the ground. Guesthouse means a dwelling unit on the same premises as, but separate from and in addition to, the principal residential building, specifically for receiving and lodging guests on a temporary and noncontinuous, non -fee and non - charge basis. Hazardous means manufacturing or wholesal- ing and storage that include uses or activities involving explosive, radioactive, corrosive, toxic, combustible or flammable materials or wastes, incinerators or furnaces, fertilizer and petroleum products of any kind. Hazardous use means a use which is identi- fied in the text of this land development code, including any schedule, as being hazardous and subject to the hazardous use regulations. Heavy means those land uses which may be potentially obnoxious or detrimental with regard to compatibility and impacts on adjacent land uses owing to emission of smoke, dust, vapors, fumes, odors or noise, vibration of the ground, visual unsightliness or other conditions which would disrupt the natural amenities and order of the community, even though the maximum public and private precautions have been taken and the most stringent performance standards have been met by such establishments in practicing their vocation or occupation. Home occupation means an occupation or activ- ity compatible with the existing neighborhood, land use and zoning district which may be compatibly conducted by the occupant and maintained within a residential dwelling unit. Such activities shall be incidental to the principal residential use of the premises and shall not occupy or exceed maximum percentages of total floor area allowable by this land development code, and shall meet all other conditional require- ments pertaining to permitted operation of the use specified by this land development code. Hospital/medical clinic means a building, or portion of a building, occupied by an establish- ment primarily engaged in providing health and mental inpatient facilities, in which medical or surgical services are a main function, and may include outpatient facilities, emergency ambulance and rescue service. • C� CD101:16 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • • Hotel means a building, or portion of a build- ing, containing sleeping units which have no cooking facilities or other amenities for separate and independent housekeeping purposes and are occupied on a daily or short-term basis. A hotel may include living quarters containing independent cooking facilities designed for the resident manager only, or restaurant facilities. Primary access to the sleeping units shall be through an inside lobby. Household pet. Household pets shall be considered as an accessory use and are permit- ted in all districts, subject to all applicable regulations, ordinances and codes. Household pets shall include, but not be limited to, domesticated dogs, cats, tropical birds and fish, and rodents. Household pets shall not be considered to include cattle, horses, pigeons, pigs, poultry, sheep or other animals normally raised for food production, or exotic animals whose normal habitat is in the wild, whether born in the wild or not. Impervious surface means any type of build- ing, structure or surface that does not allow water to directly penetrate and be absorbed by the ground. Impervious surface coverage or ratio means that percentage of the total building site which is covered by impervious surface; a mathematical expression determined by dividing the total impervious surface of a site by the gross area of the site. The formula for determining the "ISR" is as follows: Total Impervious Surface = ISR Gross Site Area Incidental use means a land use that is subordinate to, but not necessary or subservient to, the principal or accessory use. Indoor means that which is within a wholly enclosed building. Junkyard means premises, or a portion of premises, occupied by an establishment primar- ily engaged in the accumulation, storage or processing of discarded or leftover materials which are no longer of enough value or effective- ness to be retained in their original condition, including articles or parts which have been discarded and are intended for permanent dismantlement or destruction. Junkyards may include the selling of various articles, parts and materials salvaged as a result of the junkyard operation; provided, however, that such sales shall be incidental and accessory to the principal accumulation, storage or processing of discarded or leftover materials, articles or parts which have been discarded and are intended for permanent dismantlement or destruction. Kennel means any establishment or premises where more than five dogs or domesticated animals, over eight weeks of age, are housed, groomed, bred, boarded, trained or sold. Land area means the total land area within specified boundary lines, usually expressed in square feet or acres. Land use means the development, activity or use that has occurred on or is proposed for the land. Land use classification means a categoriza- tion or grouping of activities (land uses) accord- ing to common characteristics. For the purpose of this land development code, land use classifica- tions are those generally described in the land use element of the adopted city comprehensive plan and shown on the official land use plan map. Land use intensity means the overall structural - mass and open-space/operating-space relation- ship of a developed property, based on the physical relationship between specific development fac- tors which correlate the amount of floor area or total operational area and the size of the site (land area) with the specific land uses occurring thereon. Landscaping service establishment means premises, or a portion of premises, occupied by an establishment in which a person practices a vocation that performs a type of labor, act or work off the premises that primarily results in horticultural services on a given premises, normally on a contract basis or for a fee or CD101:17 § 101-11 CLERMONT CODE charge. Landscaping service establishments do not include horticultural nursery farms or horticultural nursery sales. Laundromat, self-service or coin -operated, means a building, or portion of a building, occupied by an establishment designed primarily to provide limited laundry and dry cleaning facilities which are used and operated by ultimate consumers on the premises on a self-service basis for a fee or charge. Laundry and dry cleaning pickup establish- ment means a building, or portion of a building, occupied by an establishment designed primarily for the convenient and efficient pickup and drop off of laundry or dry cleaning by persons not employed by the establishment. No actual laundry or dry cleaning service or work is performed on the premises except for the collecting and distributing activities stated in this definition. Laundry and dry cleaning plant means a building, or portion of a building, occupied by an establishment primarily engaged in the com- mercial operation of mechanical laundries with steam or other power, normally for a fee or charge, or establishments supplying laundered items on a contract basis when laundry facilities are located on the same premises. Laundry and dry cleaning plants normally involve a substantial amount of equipment and serve a relatively large trade area through direct or indirect pickup and delivery of laundry and dry cleaning articles by personnel employed by the establishment. Library means a building, or portion of a building, occupied by an establishment where books are kept for use and not for sale. Light means those land uses that are not potentially obnoxious or detrimental with regard to compatibility and impacts on adjacent land uses, owing to emission of smoke, dust, vapors, fumes, odors or noise, vibration of the ground, visual unsightliness or other conditions which would disrupt the natural amenities and order of the community when providing necessary precau- tions and meeting necessary performance standards in practicing their vocation or occupa- tion. Livestock means any domesticated hoofed quadrupeds held as property, raised for personal use or raised for the production of livestock and livestock products for sale. The term "livestock" includes the boarding, breeding, training, exercis- ing, care and treatment of livestock on the premises and the accessory facilities and structures designed for such purposes. Living area means the total floor area of a dwelling unit made suitable for human habita- tion, excluding garages, carports, areas that are not wholly enclosed such as screen rooms, or common corridors, hallways or exits provided for access or vertical travel between multiple -family dwelling units. Lodginghouse means a building, or portion of a building, other than a hotel or motel, where sleeping accommodations are provided for a fee or charge, more or less transiently, without provisions for cooking by guests, but which may or may not provide meals for guests and may also serve as the residence of the owner or operator. Lot means a unit of land of at least sufficient size to meet minimum zoning requirements for use, width, coverage and total area, and which is occupied by, or to be occupied by, one principal building and its accessory buildings, and includ- ing the open spaces, yards and buffer strips required by this land development code. Such lot shall have frontage on an improved public street or on an approved private street or legal access, and may consist of: (1) A single lot of record; (2) A portion of a lot of record which meets the specified criteria for use described in this subsection; (3) A combination of complete lots of record, or complete lots of record and portions of lots of record; or (4) A parcel of land described by metes and bounds; provided that in no case of division or combina- tion shall any residual unit be created which does not meet the requirements of this land development code. • • • CD101:18 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • • Lot area means the total area of land contained within the lot lines, usually expressed in this land development code in square feet or acres. Lot coverage means the portion of a lot which is covered by any type or form of impervious surface. Lot line means a boundary dividing a lot from a right-of-way, adjoining lot or other adjoining tract of land. Front lot line means the lot line abutting a street right-of-way line. When on a corner, all sides of a lot adjacent to a street shall be considered front lot lines and shall meet all setback, buffer and other development criteria in accordance with requirements of this land development code. On through lots (double frontage lots), front lot lines shall be considered in the same manner as described for corner lots. Rear lot line means the lot line opposite and most distant from the front lot line. In the case of a triangular or cone -shaped lot wherein the two lot lines converge in the rear, the rear lot line shall be considered to be a line ten feet in length within the lot parallel to, and at maximum distance from, the front lot line. Side lot line means lot lines other than the front or rear lot lines. Lot depth means the dimension of a lot measured perpendicular to the front lot line and tangent to the nearest part of the rear lot line. Lot width means the dimension of a lot measured perpendicular to the side lot line and tangent to the nearest part of the front lot line. Lot of record means a lot, combination of lots, or parcel described by metes and bounds, for which individually, or as part of a subdivision, the location and dimensions may be ascertained by reference to a plat duly recorded in the plat books in the office of the county clerk on the effective date of the ordinance from which this land development code is derived. Manufactured home means a home constructed in one or more sections at the factory and assembled onto a foundation at the building site. A manufactured home bears the seal from the U.S. Department of Housing and Urban Develop- ment certifying HUD code compliance. Such homes have been manufactured only since June 25, 1976. Manufactured home/mobile home park means a legally platted parcel of land meeting the requirements of a subdivision under regulations of the city where lots or parcels are offered for rent, with required improvements and utilities for placement and accommodation of manufactured homes and mobile homes only, which may include any land, buildings, structures, services and facilities for common use of the residents. Manufactured home/mobile home subdivision means a legally platted parcel of land meeting the requirements of a subdivision under regula- tions of the city where lots or parcels are offered for sale, with required improvements and utili- ties, for long-term placement and accommoda- tion of manufactured homes and mobile homes only, which may include any land, buildings, structures, services and facilities for common use of the residents. Manufacturing means premises, or a portion of premises, occupied by an establishment primar- ily engaged in the processing of materials, products or personal property for sale, resale or other processing of materials, products or personal property for sale, resale or other processing change normally for the wholesale market, for inter -establishment transfer, or to order for other processors, rather than for direct retail sale to the domestic consumer. The term "manufactur- ing" does not include the fabricating operations performed at the site of construction by construc- tion or contractor establishments, or the incidental and accessory minor operations performed by retail sales, service and repair establishments so defined by this land development code; provided, however, that such assembly is performed as a specialized aid or customer service intended for and directly incidental to the needs of ultimate consumers and not for resale. Mean sea level means, for the purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD 88) or other CD101:19 § 101-11 CLERMONT CODE datum to which the base flood elevations are shown on a community's flood insurance rate map as referenced. Medical marijuana dispensary means any treat- ment center, entity, establishment, or portion thereof, which is lawfully licensed to acquire, cultivate, possess, process, transfer, transport, sell, dispense or administer marijuana, products containing marijuana, products derived from marijuana, related supplies, or educational materi- als. A pharmacy as defined in F.S. § 465.003 that employs a state -licensed pharmacist onsite shall not be considered a medical marijuana dispensary. Mini -mall and mall mean the same as the term "shopping center." Mining means the extraction of lime rock, phosphate or other minerals occurring naturally, such as ores, petroleum and natural gas, or quarrying of sand, gravel, rock, fill material and peat. Mining also includes processing activities such as well operation, washing, crushing, screen- ing, flotation, storing and distributing necessary in conjunction with mining activities to render the materials marketable. Mini -warehousing means storage facilities providing service to the general public, consist- ing of groups of individual storage units of 300 square feet or less, contained within one or more structures, and usually used on a temporary basis. The utilization of such units for manufactur- ing, wholesaling or retailing of goods or materi- als is prohibited. Mobile home means a single -story structure, constructed prior to June 15, 1976, transportable in one section, which is at least eight feet in width and 40 feet in length, that is built on a permanent chassis and designed to be used as one dwelling unit, with or without a permanent foundation, when connected to the required utili- ties. The term "mobile home" does not include manufactured homes or travel trailers. Motel means a building, or portion of a build- ing, containing sleeping units which may or may not have cooking facilities and are normally occupied on a daily or short-term basis. A motel may include living quarters containing individual cooking facilities designed for the resident manager only, or restaurant facilities. Motion picture theater means premises, or a portion of premises, occupied by an establish- ment primarily engaged in the commercial exhibi- tion of motion pictures normally open to the general public. Nameplate means a sign, two square feet or less in size, indicating the name and profession of a person residing on the premises, or indicat- ing a home occupation legally existing on the premises. Nightclub means a restaurant, dining facility, bar or other similar establishment providing food and refreshments where floorshows or other forms of paid entertainment are provided. Nonconforming lot or parcel means an undeveloped lot of record, the location or dimen- sions of which do not conform with all of the provisions of this land development code respect- ing a proposed use thereof. Nonconforming structure or use means a structure or use lawfully existing on the effective date of the ordinance from which this land development code is derived, or the effective date of an amendment to the land development code, which does not conform with all of the provisions of this land development code respecting such structure or use. Nonhazardous use means a use which is identi- fied in the text of this land development code, including any schedule, as being nonhazardous and subject to the nonhazardous use regulations. Nonprofit club means premises, or a portion of premises, owned and operated by a group or association of persons and maintained and oper- ated solely by and for the members of such group or association and their guests, and that is not available for unrestricted public access or use. Nonprofit clubs may include golf, country, yacht, fraternal and similar noncommercial groups and associations of persons and related facilities. Nursery school means premises, or a portion of premises, devoted to the day care and instruc- • • • CD 101:20 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • tion of six or more children, not remaining overnight, and not related by blood or marriage, for a fee or charge. Nursing home means the same as the term the term "convalescent home." Occupant means the person, persons or family in actual possession of the premises, regardless of ownership of the premises. Occupied means and includes arranged, designed, built, altered, converted to, rented or leased, or intended to be used or occupied. Open space means any parcel or designated land area in its natural state or essentially unencumbered by either principal or accessory uses, buildings, structures or impervious surfaces. Ordinary high-water mark means the intersec- tion of the plane of mean high water and the shore. Mean high water is the average height of the high waters over a 19-year period. Outdoor means that which is not within a wholly enclosed building. Outfall means a direct connection of an overflow or drain -down capability from a retention area to a public drainage facility. Own means to hold legal or equitable title to a parcel of real property evidenced by instrument of conveyance lawfully recorded in the office of the county clerk. Owner means the person that holds legal or equitable title to a parcel of real property as evidenced by an instrument of lawful conveyance lawfully recorded in the office of the county clerk. Package store means a building, or portion of a building, where alcoholic beverages are sold in containers for consumption off the premises. Parcel means a lot or tract as defined by this land development code. Parking means the temporary, transient stor- age of private passenger motor vehicles used for personal transportation while their operators are engaged in other activities. The term shall not mean storage of new or used vehicles for sale or rental or any type of purpose other than that specified. Parking area means any public or private land area designed and used for parking motor vehicles, including parking lots, garages, structures, tiers, private driveways and legally designated areas of public streets. Parking space means a space for the parking of motor vehicles within a public or private parking area. Patio means an outdoor paved court or area, adjoining or enclosed by walls or arcades of a house, used for outdoor dining or living. Permit means a written, approved and authorized document which grants the owner of land the right to develop the premises with buildings and improvements, provided that development or construction is accomplished in compliance with all regulations and codes applicable of and to the city. Plan means a map or chart of a parcel of land or property which is drawn to scale and shows the existing and proposed location of boundary lines, buildings, structures, uses or any other required data or information. Planned unit development (PUD) means an area with a specified minimum contiguous acre- age, as specified by this land development code, to be planned, developed, operated and maintained as a single entity containing a system of structures and uses planned as an integral unit of develop- ment having appurtenant common areas, open spaces, yards, building setbacks and buffer strips, approved in accordance with the provisions of this land development code. Planned unit development district means an overlay district designed to encompass a speci- fied minimum contiguous acreage that is to be developed as an integral and planned complex of structures and uses rather than through the conventional principal building/single lot develop- ment approach and is intended to be the district most used as a means of providing for land use changes. CD101:21 § 101-11 CLERMONT CODE Planning and zoning commission means the city planning and zoning commission established by article II, division 2 of this chapter. Plat and plot mean a map of a specific land area, such as a city, town, section or subdivision, indicating the location and boundaries of individual parcels or properties of land subdivided into lots, with streets, alleys, easements, etc., usually drawn to scale. Plat map means a plat which gives legal descriptions of pieces of property by lot, street and block numbers, generally drawn after property has been described by some other means, such as a government survey system. Once a plat map is set, legal descriptions are defined by referring to the given map, in a lot and block description. Platted subdivision means a subdivision plat which is prepared consistent with the require- ments of F.S. ch. 177, and duly recorded in the plat books in the office of the county clerk. Porch means a roofed -over structure attached to the outside of an exterior wall of a building, usually to shelter an entrance, which has no enclosure other than the exterior wall of the building. Open mesh screening shall not be considered an enclosure. Porte-cochere means an outdoor covered vehicular driveway at finished grade, leading to the pedestrian entrance of a building, which is neither designed for nor includes any space for vehicular off-street parking. Premises means a parcel of land under single or unified ownership and all the structures on it. Principal building means the building in which is conducted the principal use of the premises on which it is situated. Principal use means the primary or predominant purpose and use for which any parcel of property or structure is designated, arranged or intended to be utilized or occupied and maintained. Printing or publishing means a building, or portion of a building, occupied by an establish- ment in which a person practices a vocation or occupation that performs a type of labor, act or work that primarily results in publishing or printing of documents or materials, such as, but not limited to, newspapers, business forms, brochures and similar materials. Private club or lodge means a building and related facilities owned or operated by a corpora- tion, association or group of individuals, established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit. The term "private club or lodge" shall not include casinos, nightclubs, bottle clubs or other institutions otherwise oper- ated for a profit. Private garage means an accessory structure designed and used for inside parking of private passenger vehicles by the occupants of the principal building. When attached to or a part of the principal building, it shall be considered a part of the main use. When not attached to the principal building, it shall be considered as an accessory building. Private road or street means a private traffic - carrying way set aside for vehicular traffic primar- ily serving one premises or planned development project, including private driveways and access roads. Private school means any building, or group of buildings, the use of which meets state require- ments for primary, secondary or higher educa- tion and which use does not secure the major part of its funding from any governmental agency. Professional office means the office of a member of a registered profession, maintained for the conduct of that profession; or individuals provid- ing services customarily on a consulting rather than a retail basis, and those licensed by the state department of business and professional regulation. Property line means the boundary of a parcel of real property under ownership as evidenced by an instrument of conveyance lawfully recorded in the office of the county clerk. Public notice or due public notice means to require, in advance, a publication of the notice of • �J CD101:22 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • the time, date, place and purpose of any public hearing, in compliance with applicable local regulations, codes and state statutes. Public offices means a building, or portion of a building, occupied by the city, county, state or federal government, or a legally empowered special governmental district, in which public officials and employees direct the administrative and executive functions and affairs of govern- ment. Public transportation terminal means premises, or a portion of premises, occupied by an establish- ment primarily engaged in providing public use passenger transportation by railway, highway, water or air, normally for a fee or charge. Public transportation terminals may include maintenance facilities or freight transportation, provided such maintenance facilities or freight transportation is incidental and accessory to the principal public use passenger transportation services. Recreational vehicle means a mobile unit, which may be either self-propelled or towed, normally used for recreational, camping and travel use, and includes motor homes, truck campers, travel trailers, camping trailers, boats and other water -dependent craft. Recycling center means an area of land with buildings used for or occupied by a service activity to deposit, collect, bind, bundle or store material for processing and recycling, such as newspapers, magazines, books or other paper products, aluminum, copper, cans, rags and glass. The term "recycling center" shall not include auto wrecking or junkyards. Remodeling, redecorating and refinishing mean any change, removal, replacement or addition to walls, floors, ceilings, and roof surfaces or cover- ings which do not support any beam, ceiling, floor load, bearing partition, columns, exterior walls, stairways, roofs, or other structural ele- ments of a building or a structure. Repair garage means a building or premises which may be designed or intended for some or all of the purposes indicated under "automobile service station," but which, unlike a service station, includes provisions for major mechani- cal repairs or body work, provided that body work and painting shall be conducted within a completely enclosed building and that self- propelled vehicles not in safe operating condition shall be temporarily stored within a fully enclosed building or opaque, fenced area. Required project improvements means all of the improvements required by the provisions of this land development code for a particular type of land use or zoning district, including any buffer strip, screening or other project improve- ment required as a special condition or otherwise stipulated in conjunction with any official action approving such development. Project improve- ments proposed by the applicant and stipulated as improvements to be completed prior to any required final approval shall also be considered as required project improvements. Research, development and testing laboratory means premises, or a portion of premises, occupied by an establishment primarily engaged in research and testing on a commercial basis, normally on a contract basis for a fee or charge, or nonprofit organization primarily engaged in research and the dissemination of information for the public health or welfare. Residential care facility means a building, or portion of a building, that constitutes a living facility which operates to provide the physical, emotional and social needs of its residents in a family -like setting, regardless of the number of residents. Such facilities shall include, but are not limited to, foster homes, group homes, family shelter homes and adult congregate living facili- ties as those terms are defined in the state statutes. Residential use means a use for living and sleeping of persons, but not institutional or retail in character. Restaurant means an eating and drinking establishment designed primarily to serve walk-in or pedestrian -oriented customers. Such establish- ments normally specialize in foods and bever- ages which are consumed on the premises within the confines of the principal building itself. While automobile off-street parking space is normally included on the premises, automobile CD101:23 § 101-11 CLERMONT CODE access and automobile drive -through window service or similar in -car service facilities normally do not constitute a major service factor in the function of the establishment. Retail service means establishments engaged in the provision of services or entertainment, as opposed to products, to the general public, includ- ing, but not limited to, eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, and health, education and social services. Retail trade means establishments engaged in selling goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of the goods. Some of the important characteristics of retail trade establishments are: (1) The establishment is usually a place of business and is engaged in activities to attract the general public to buy; (2) The establishment buys or receives merchandise as well as sells; (3) The establishment may process some of its products, but such processing is incidental or subordinate to selling activi- ties; and (4) The establishments sell to customers for personal or household use. Retention means the holding back or storage of stormwater on a temporary or permanent basis. For purposes of this land development code, retention shall be provided pursuant to adopted level of service standards of the city comprehensive plan. Road means the same as and is interchange- able with the term "street." Room means an un-subdivided portion of the interior of a dwelling, excluding closets, hallways and service porches. Roominghouse means the same as the term "lodginghouse." Sanatorium means the same as the term "convalescent home." School means an educational institution with state -approved curricula and state certification offering studies at different levels to groups of pupils of various ages, under either public or private auspices. Setback means the distance between any property line or street right-of-way line, and the building or structure and any projection thereof. Setback line means the line that is the required minimum distance from a street right-of-way line or any other property line that establishes the area within which the building or structure must be erected or placed. (See Building line, Front lot line (under Lot) and Yard in section 101-11 and Setback in this section.) Shopping center means a group of commercial establishments planned, constructed and man- aged as a total entity with customer and employee parking provided on site, provision for goods and delivery separated from customer access, aesthetic considerations and protection from the elements. Shopping centers are defined and classified by distinct type and characteristics as follows: Community center means a center which offers a greater depth and range of merchandise and services. A junior department store, discount store or variety store usually accompanies the supermarket in this center, typical gross leasable floor area is approximately 150,000 square feet, and the site will range from ten to 30 acres in size. Neighborhood center and convenience center mean a center that provides for the sale of convenience goods (food, drugs and sundries) and personal services, which meet the daily needs of an intermediate neighborhood trade area. A supermarket or drugstore is usually the principal tenant, typical gross leasable floor area is approximately 50,000 square feet, and the site will range from three to ten acres in size. Regional center means a center which provides a full depth and variety of shopping goods, general merchandise, apparel, furniture and home furnishings. One or more full -line department stores with at least 100,000 square feet of gross leasable floor area, a pedestrian • CD101:24 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-11 0 • �J mall and supplementary tenant stores characterize the center. The gross leasable floor area is typically 400,000 square feet or greater, and the site will range from 30 to 50 acres or more. Sign means a structure, object, display or other device located and designed for the purpose of showing directions, giving information, advertis- ing, attracting attention or otherwise urging some specified act by any means, including words, letters, figures, designs or symbols and the like. Site development permit means the permit issued by appropriate authority under the provi- sions of this land development code, usually in conjunction with a building permit, which authorizes the construction or alteration of a structure or site and is required prior to such construction or alteration. Sleeping room means a single room rented for living purposes but without cooking facilities or other amenities for separate and independent housekeeping. The term "sleeping room" shall not be construed to mean a dwelling unit or sleeping unit. Sleeping unit means a single room or suite intended for occupancy by persons who are lodged with or without meals for compensation. A sleep- ing unit shall not be construed to mean a dwelling unit. Solid waste disposal facilities means premises, or a portion of premises, occupied by an establish- ment primarily engaged in the disposal of solid waste, rubbish, refuse and garbage, with or without recycling facilities. Specified anatomical areas means: (1) Less than completely and opaquely covered: a. Human genitals or pubic region; b. Human buttocks; C. That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleav- age of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wear- ing apparel, provided the areola is not so exposed; (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Story means that portion of a building between a floor and the next floor above, or, if there is no next floor, the ceiling above. Street means a public traffic -carrying way for vehicular traffic, regardless of size or designa- tion, but excluding accessways. The term "street" shall mean any facility of the state highway system, county road system or city road system, to include: (1) Parkways, freeways and interstates. High volume type arterial streets designed primarily for major through traffic with full control of access and grade separa- tions at all intersections. (2) Arterial street. A street designed or utilized primarily for high vehicular speeds or heavy volumes of traffic. (3) Major collector street. A street which carries or will carry medium volumes of traffic from minor collector streets to arterial streets. (4) Minor collector street. A street which carries or will carry medium volumes of traffic primarily from minor streets to major collector streets. (5) Minor street. A street which is primarily used or will be used for access to individual properties and which carries or will carry limited volumes of traffic at low speed. (6) Alley. A street primarily used for vehicular service access to the rear or side of properties with specifically limited or regulated access. CD101:25 § 101-11 CLERMONT CODE Structural alteration means any change in either the supporting members of a building, such as bearing walls, columns, beams and gird- ers, or in the dimensions or configurations of the roof or exterior walls. Structure means any combination of materials fabricated, constructed or erected to fulfill a function in a fixed location, whether installed on, above or below the surface of land or water. Subdivision plat means a plat for the subdivi- sion prepared consistent with the requirements of F.S. ch. 177, and approved in accordance with the city's subdivision regulations, or the county subdivision regulations if platted prior to incorporation into the city. Substantial improvement means any combina- tion of repairs, reconstruction, alteration or improvements to a structure, taking place during the life of the structure, other than routine maintenance and upkeep, in which the cumula- tive cost equals or exceeds 50 percent of the market value of the structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement or, in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of a building or structure commences, whether or not that altera- tion affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions. Tourist accommodations means commercial establishments primarily engaged in providing lodging, or lodging with meals for the traveling public, known as hotels, motels, boardinghouses, roominghouses, seasonal hotels, hostels, cabins and cottages. Tourist home means a building, or a portion of a building, other than a motel or hotel, where sleeping accommodations are provided for transient guests, with or without meals, for a charge or fee, and which also serves as the residence of the operator. Townhouse or row house means two or more single-family dwelling units separated by common fire-resistant walls, each located on its own lot with individual title thereto and each possessing requisite parking to serve the unit. Yard require- ments shall be appropriate to the construction location of the specific unit, with regard to the requirements of the applicable district schedule in which the units are located, to include requisite front yards on corner lots. Travel trailer means a vehicular portable unit which: (1) Is identified by the manufacturer as a travel trailer or recreational vehicle; (2) Is not more than eight feet in body width; (3) Is of any weight provided its body length does not exceed 32 feet; (4) Is of any length provided its gross weight, factory equipped for use, does not exceed 4,500 pounds; (5) Is designed primarily for short-term temporary living and sleeping purposes for travel, recreation and vacation purposes; (6) Includes units designed to be mounted on, or attached to, a truck or automobile chassis of motorized self-propelled vehicles constructed as an integral unit. Removal of the means of conveyance from a travel trailer or the construction of a permanent foundation for a travel trailer does not change the meaning of the word "travel trailer" as defined or used in this land development code. Travel trailer park means a parcel of property, or portion of a parcel of property, prepared and approved according to the procedures of this land development code to accommodate travel trailers. • is CD101:26 • • GENERAL AND ADMINISTRATIVE PROVISIONS § 101-12 Use means the activities which take place on any land or premises and, when appropriate, the structures located thereon and designed for those activities. Use of land means and includes the use of land, air space, water surface, and land beneath the water to the extent covered by district schedule designations, and over which the city exercises legal jurisdiction. Vacate and vacation, when used with refer- ence to the plat of a subdivision, mean the procedures for vacation and annulment of plats provided in F.S. ch. 177. Variance means a grant of relief from the requirements of this chapter which would permit construction in a manner otherwise prohibited by this chapter, and where specific enforcement would result in a hardship pursuant to article IV of this chapter. Yard means the land area surrounding the principal building on any parcel which is neither occupied nor obstructed by a portion of the principal building from the finished grade to the sky or below the finished grade, except where such occupancy, obstruction or encroachment is specifically permitted by this land development code. Front yard means that portion of the yard extending the full width of the parcel and measured between the front parcel line and a parallel line tangent to the nearest part of the principal building. Rear yard means that portion of the yard extending the full width of the parcel and measured between the rear parcel line and a parallel line tangent to the nearest part of the principal building. Side yard means those portions of the yard extending from the required front yard to the required rear yard and measured between the side parcel lines and parallel lines tangent to the nearest part of the principal building. Zero lot line means the location of a building on a lot in such a manner that one of the building's sides rests directly on the lot line. Zoning means the dividing of a legal jurisdic- tion into districts and the establishment of regula- tions governing the use, placement, spacing and size of land, buildings, structures and ancillary facilities thereon. Zoning district means a specifically delineated area of the legal jurisdiction within which regula- tions and requirements uniformly govern the use, placement, spacing and size of land, build- ings, structures and ancillary facilities therein. Zoning map means the legally adopted map or map series that is a part of the zoning regula- tions, which delineates the boundaries of the specified zoning districts. Zoning permit means the document signed by the appropriate governmental authority as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installa- tion of a building or structure, which acknowledges that such use, building or structure complies with the provisions of the jurisdictional zoning district, or authorized variance there from. (Code 1998, §§ 82-11, 82-12; Code 2008, §§ 82-11, 82-12; Ord. No. 281-C, § 1(ch. 2, §§ 2, 3), 11-8-1994; Ord. No. 333-C, §§ 2, 3, 3-23-2004; Ord. No. 370-C, § 2, 11-24-2009; Ord. No. 2012- 04-C, § 2, 12-11-2012; Ord. No. 2016-48, § 2, 11-8-2016; Ord. No. 2017-32, § 2, 9-26-2017; Ord. No. 2020-25, § 3, 7-14-2020) Sec. 101-12. Enforcement. The city shall reserve the right to enforce the provisions of this land development code in any manner as provided by law. Specific enforcement options are outlined as follows: (1) General enforcement procedures. Whenever the city has reason to believe that the provisions of this land develop- ment code are being violated, it shall notify the alleged violator of the nature of the violation and require correction of the violation in a reasonable period of time, based on the policies of the code enforcement department. If not cor- rected within the time specified, the viola - CD 101:27 § 101-12 CLERMONT CODE tion shall be referred to the code enforcement board for enforcement as authorized in the Code of Ordinances. (2) Specialized enforcement procedures. Specialized enforcement procedures are outlined for use in addition to those described in subsection (1) of this sec- tion, in the following areas: a. Chapter 105, pertaining to environmental protection, as outlined in each article therein. b. Chapter 117, pertaining to signs. (Code 1998, § 82-13; Code 2008, § 82-13; Ord. No. 281-C, § 1(ch. 3, art. II, § 3), 11-8-1994) Secs. 101-13-101-44. Reserved. ARTICLE II. BOARDS, COMMISSIONS, AND COMMITTEES DIVISION 1. GENERALLY Secs. 101-45-101-61. Reserved. DIVISION 2. PLANNING AND ZONING COMMISSION Sec. 101-62. Membership. (a) The planning and zoning commission, provided for in this division, shall be comprised of eight members. Seven members to be appointed by a majority vote of the city council at its first regular meeting in January of each year, or as soon as possible thereafter, and, one member recommended by the county school board. The member recommended by the county school board shall serve at the pleasure of the county school board. (b) Seats for the planning and zoning commis- sion shall be numbered one through eight. The term of each commission member shall be for two years. (Code 1962, § 2-26; Code 1998, § 2-76; Code 2008, § 2-76; Ord. No. 199-C, § 1, 12-11-1979; Ord. No. 330-C, § 2, 1-27-2004; Ord. No. 2010-01-C, § 2, 1-26-2010) Sec. 101-63. Qualifications for member- ship. Qualifications for membership on the plan- ning and zoning commission shall be as follows: (1) A member must be 18 years of age or older. (2) A member must be a registered elector residing in the city. (3) Any interested person should petition the city council no later than the first regular meeting in January to demonstrate sufficient interest in appoint- ment. (Code 1962, § 2-27; Code 1998, § 2-77; Code 2008, § 2-77; Ord. No. 199-C, § 2, 12-11-1979) Sec. 101-64. Annual meeting. The annual meeting of the planning and zoning commission shall be the first regular meeting in the month of February of each year. Such meeting shall be devoted to the election of officers for the ensuing year and such other business as shall be scheduled by the planning and zoning commission. (Code 1962, § 2-28; Code 1998, § 2-78; Code 2008, § 2-78; Ord. No. 199-C, § 3, 12-11-1979) Sec. 101-65. Regular meetings. Regular meetings of the planning and zoning commission shall be held in the council chambers on the first Tuesday of each month at such time as determined by the city council. A regular meeting may be canceled or rescheduled by the commission. (Code 1962, § 2-29; Code 1998, § 2-79; Code 2008, § 2-79; Ord. No. 277-C, § 1, 4-13-1993; Ord. No. 2015-08, § 1, 3-10-2015) Sec. 101-66. Special meetings. Special meetings of the planning and zoning commission shall be held at a time and place designated by the officer calling the special meeting and shall be called by the chairperson or • • l� u CD 101:28 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-71 0 • • vice -chairperson. Written notice shall be given to all the members not less than 24 hours in advance. (Code 1962, § 2-30; Code 1998, § 2-80; Code 2008, § 2-80; Ord. No. 199-C, § 5, 12-11-1979) Sec. 101-67. Quorum. At any meeting of the planning and zoning commission, a quorum shall consist of five members of the commission. No official action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date. (Code 1962, § 2-31; Code 1998, § 2-81; Code 2008, § 2-81; Ord. No. 199-C, § 6, 12-11-1979) Sec. 101-68. Voting. (a) At all meetings of the planning and zoning commission, each member shall be entitled to one vote, at which time a voice vote will be taken, unless a request is made for a roll call vote. If a member has a personal conflict of interest, the member may abstain under the provisions of state law. The appointed county school district representative shall not be a voting member and shall not count in the determination of a quorum. (b) A record of each and every meeting shall be made as provided by law. (Code 1962, § 2-32; Code 1998, § 2-82; Code 2008, § 2-82; Ord. No. 199-C, § 7, 12-11-1979; Ord. No. 330-C, § 3, 1-27-2004) Sec. 101-69. Rules of procedure. All meetings of the planning and zoning com- mission shall be conducted in accordance with Robert's Rules of Order, Newly Revised, 11th edition. (Code 1962, § 2-33; Code 1998, § 2-83; Code 2008, § 2-83; Ord. No. 199-C, § 8, 12-11-1979) Sec. 101-70. Officers. The officers of the planning and zoning com- mission shall consist of a chairperson and a vice -chairperson, elected by the planning and zoning commission members at the annual meet- ing for a term of one year. The city manager or designated representative shall be the secretary of the commission. (Code 1962, § 2-34; Code 1998, § 2-84; Code 2008, § 2-84; Ord. No. 199-C, § 9, 12-11-1979) Sec. 101-71. Duties of officers. The duties and powers of the officers of the planning and zoning commission shall be as follows: (1) Chairperson. The chairperson shall: a. Preside at all meetings of the com- mission. b. Call special meetings of the commis- sion in accordance with these bylaws. C. Sign documents of the commission. d. See that all actions of the commis- sion are properly taken. e. Serve as an ex officio member of all subcommittees. (2) Vice -chairperson. During the absence, dis- ability or disqualification of the chairperson, the vice -chairperson shall exercise or perform all the duties and be subject to all the responsibilities of the chairperson. (3) Secretary. The secretary shall: a. Keep the minutes of all meetings of the planning and zoning commis- sion in an appropriate minute book. b. Give, or serve all notices required by law or by these bylaws. C. Prepare the agenda for all meetings of the commission. d. Be the custodian of commission records. e. Inform the commission of cor- respondence relating to business of the commission and to attend to such correspondence. f. Handle funds allocated to the com- mission in accordance with its direc- tives, the law and city regulations. (Code 1962, § 2-35; Code 1998, § 2-85; Code 2008, § 2-85; Ord. No. 199-C, § 10, 12-11-1979) CD 101:29 § 101-72 Sec. 101-72. Vacancies. CLERMONT CODE Should any vacancy occur among the members of this planning and zoning commission by reason of death, resignation, disability or otherwise, the city council shall appoint a new member to serve the unexpired term. Should any vacancy occur among the officers of the planning and zoning commission, the vacant office shall be filled in accordance with section 101-70. Such officer shall serve the unexpired term of the office in which such vacancy shall occur. (Code 1962, § 2-36; Code 1998, § 2-86; Code 2008, § 2-86; Ord. No. 199-C, § 11, 12-11-1979) Secs. 101-73-101-102. Reserved. DIVISION 3. BOARD OF ZONING ADJUSTMENT Sec. 101-103. Establishment. A board of zoning adjustment is hereby established. This board may consist of the city council, or the city council may appoint five members serving staggered terms of one to three years. (Code 1998, § 86-51; Code 2008, § 86-51; Ord. No. 281-C, § 1(ch. 3, art. IV, § 1(A)), 11-8-1994) Sec. 101-104. Granting of variances. (a) The term "variance," used in connection with the provisions of this land development code, means a modification of the zoning regula- tions when such variance will not be contrary to the public interest and when, owing to condi- tions peculiar to the property, and not the result of the actions of the applicant, a literal enforce- ment of the land development code would result in unnecessary and undue hardship. The board of adjustment shall not grant use variances or exceptions. In granting any variance, the board of adjustment may prescribe appropriate condi- tions and safeguards. Any violation of such conditions or safeguards which have been made a part of the terms under which the variance is granted shall be deemed a violation of this land development code. (b) Administrative variances. The city manager shall have authority to grant a variance to required setbacks, maximum heights and lot coverage contained in this land development code for any approved development provided said variance does not exceed the required setback or height by more than five percent. No administrative variance shall be granted unless the applicant can demonstrate that the variance was caused by a factor beyond the applicant's control, such as a verifiable survey error. Consideration of the variance shall be at the sole discretion of the city manager. (c) City manager shall report number of devia- tions of standard variances to city council on an annual basis. (Code 1998, § 86-52; Code 2008, § 86-52; Ord. No. 281-C, § 1(ch. 3, art. IV, § 1(A)), 11-8-1994; Ord. No. 2015-68, § 2, 8-11-2015) Secs. 101-105-101-121. Reserved. DIVISION 4. SITE REVIEW COMMITTEE Sec. 101-122. Establishment; duties. There is hereby created the staff site review committee (SRC) to provide technical review for all applications for development approval and grant final approval for development plans when authorized by this land development code. (Code 1998, § 86-71; Code 2008, § 86-71; Ord. No. 281-C, § 1(ch. 3, art. IV, § 2(A)), 11-8-1994) Sec. 101-123. Meetings. The site review committee shall hold regularly scheduled meetings at least once a week, unless there are no applications requiring review at that time. A schedule of regular meetings shall be made available in the city planning and development services department. A special meet- ing may be called by the chairperson to allow extra time for the review of large or complex applications that have been submitted by the appropriate deadline for the next regularly scheduled meeting. Site review committee meet- ings shall be open to all interested parties for the review of formal development applications; however, a developer or landowner may request • CD 101:30 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-178 0 • • a closed meeting with the site review committee for the purpose of discussing proposed develop- ment prior to the formal application for approval. (Code 1998, § 86-72; Code 2008, § 86-72; Ord. No. 281-C, § 1(ch. 3, art. IV, § 2(B)), 11-8-1994) Sec. 101-124. Membership; chairperson. The site review committee shall be composed of the directors of the following departments or divisions, or their designees: engineering, plan- ning and development, and public services. The site review committee shall be chaired by the administrative official or designated representa- tive. (Code 1998, § 86-73; Code 2008, § 86-73; Ord. No. 281-C, § 1(ch. 3, art. IV, § 2(C)), 11-8-1994) Secs. 101-125-101-146. Reserved. ARTICLE III. ORDERS AND PERMITS DIVISION 1. GENERALLY Secs. 101-147-101-175. Reserved. DIVISION 2. DEVELOPMENT ORDER AND PERMIT* Sec. 101-176. Administrative official. The provisions of this land development code shall be administered and enforced under the direction of the administrative official. The designated administrative official for the city shall be the city manager. (Code 1998, § 86-111; Code 2008, § 86-111; Ord. No. 281-C, § 1(ch. 3, art. I, § 1(A)), 11-8-1994) Sec. 101-177. Fees. All fees described in this land development code shall be as set by resolution of the city council and on file in the city clerk's office, based *State law reference —Notice of denial of a develop- ment permit, F.S. § 166.033. on the actual average cost of all expenses associ- ated with the subject activity, including materi- als, labor and overhead. (Code 1998, § 86-112; Code 2008, § 86-112; Ord. No. 281-C, § 1(ch. 3, art. I, § 1(B)), 11-8-1994) Sec. 101-178. Development order and development permit required; exceptions. (a) No development activity shall be undertaken unless the activity is authorized by a development permit. A development permit shall not be issued unless authorized by a develop- ment order reflecting conformance with the requirements of this land development code or unless exemption from a development order is permissible in accordance with subsection (b) of this section. (b) A development permit shall be issued in the absence of a development order for the following activities, when the proposed develop- ment conforms to the standards and permitting requirements of this land development code: (1) The construction or alteration of a one - or two-family dwelling on a lot of record as of August 13, 1991, or a lot created under the terms of this land development code. (2) The construction of an accessory structure on a previously developed single-family or two-family lot. (3) The alteration of an existing structure which does not enlarge the effective size or capacity of the structure. (4) Demolition of a structure. (5) Erection of signs or fences on a previ- ously developed site and on certain undeveloped property when independent of other development activity on the site. (6) The clearing of trees or vegetation, chang- ing of grade, or alteration of certain wetland areas when independent of other development activity on the site. CD101:31 § 101-178 CLERMONT CODE (7) The resurfacing of a vehicle use area when independent of other development activity on the site. (Code 1998, § 86-113; Code 2008, § 86-113; Ord. No. 281-C, § 1(ch. 3, art. I, § 2), 11-8-1994) Sec. 101-179. Development plan approval (a) Preapplication conference. Prior to filing for development plan approval, the developer or the developer's representative shall meet with the administrative official or a designee thereof in order to verify the steps necessary for applica- tion and review and discuss potential issues regarding the development proposal. Comments made at the preapplication conference are totally nonbinding on the formal review of the develop- ment plans. (b) Application. Application for development plan approval shall be made to the city utilizing the form provided by the city for that purpose and accompanied by the appropriate review fee. The application shall be accompanied by six copies of the proposed plans, signed and sealed by a registered engineer, architect or landscape architect, as required by this land development code. Plans shall be prepared according to the standards specified in article VIII of this chapter. (1) Review of application materials. Within five working days of the receipt of an application, the city shall determine whether the submittal is complete. Incomplete submittals shall be returned to the applicant with the deficiencies noted in writing. Reapplications shall be accompanied by a reapplication fee as adopted by resolution of the city council and on file in the city clerk's office. (2) Initiation of development review. When an application is determined to be complete, it shall be scheduled for the next scheduled site review committee meeting. (c) Review of plans by site review committee. (1) All applications shall be reviewed by the site review committee, and members' com- ments shall be delivered and discussed at a regularly scheduled meeting. Formal comments of the site review committee shall be transmitted in writing to the applicant. (2) Plans shall be resubmitted in response to the site review committee comments and accompanied by the appropriate resub- mittal fee. The plans shall be reviewed by the site review committee as outlined in subsection (c)(1) of this section. a. If previous comments were not addressed, or the plan modifica- tions result in additional land development code infractions or discrepancies, formal comments of the site review committee shall be transmitted in writing to the applicant. b. If all comments are satisfactorily addressed, a development order shall be issued. (Code 1998, § 86-114; Code 2008, § 86-114; Ord. No. 281-C, § 1(ch. 3, art. I, § 3), 11-8-1994) Sec. 101-180. Issuance of development order. A development order shall be issued by the city only after the approval of development plans as required by this land development code. A development order allows for the issuance of development permits for the initiation of develop- ment activities, including land clearing, site preparation, utility construction, road construc- tion and building construction. (Code 1998, § 86-115; Code 2008, § 86-115; Ord. No. 281-C, § 1(ch. 3, art. I, § 4), 11-8-1994) Sec. 101-181. Contents of development order. A development order shall include the follow- ing: (1) The name of the proposed development, the legal description of the property, and, where appropriate, its street address. (2) A general description of the proposed development activity. • • CD101:32 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-183 (3) The name of the project engineer, date of of this land development code, and as the approved plans and any revision appropriate to the internal consistency of number. the documents. (Code 1998, § 86-117; Code 2008, § 86-117; Ord. (4) Reference to any development agree- No. 281-C, § 1(ch. 3, art. I, § 4(B)), 11-8-1994) ments or other legal documents that are a part of or control the proposed develop- Sec. 101-183. Expiration of development ment. order. (5) Any special conditions of the develop- ment approval, such as off -site improve- ments, phasing or other actions or events required prior to the issuance of develop- ment permits or certificates of occupancy. (6) The expiration date of the development order. (Code 1998, § 86-116; Code 2008, § 86-116; Ord. No. 281-C, § 1(ch. 3, art. I, § 4(A)), 11-8-1994) (a) Expiration date. All development orders shall have an expiration date clearly noted, after which no development permits, or in certain instances additional development permits, may be issued. Expiration dates shall be based on the following: (1) Subdivision or site development approval. Development plan approval for subdivi- sion or site development shall expire after one year from the date of issuance. Sec. 101-182. Conditions of development (2) Planned unit developments. Conceptual orders. plans for planned unit developments shall All development orders are issued contingent expire based on the terms of the develop - upon the following: went agreement and any phasing plan therein. (1) The accuracy of the information provided (3) Conditional use permits and variances. in the development plans and associated Conditional use permits and variances documents. Inaccuracies that affect shall expire either based on the condi- compliance with this land development tions of approval or based upon the specific code, or the soundness of engineering requirements of this land development design, may be considered grounds for code. the voiding of a development order. (4) Rezoning. Rezoning, except to planned (2) Presentation of copies of all permits from unit development zoning districts, shall federal, state, regional and county agen- have no expiration date. cies with jurisdiction over any portion of the proposed development to the city (b) Extensions. The expiration date for a prior to the issuance of development development order may be extended as follows: permits. The administrative official may (1) Where initial development permits have issue limited permits for activities not been issued pursuant to the development related to outstanding agency permits order, and development is continuously unless there is reason to believe that proceeding, the administrative official such permits may not be forthcoming or may grant one or more extensions not to may substantially deviate from the exceed one year each, two in number, and approved plans. not to exceed a total of two years from (3) The clarification of discrepancies within the original expiration date. No fee shall the approved plans or associated docu- be required beyond those required for the ments. Where there are contradictions or issuance of development permits. discrepancies, the city may require their correction based the (2) Where an extension is desired but no have been issued, upon requirements permits a developer CD101:33 § 101-183 CLERMONT CODE must request an extension in writing from the administrative official, accompanied by a development order extension fee. The request for extension shall be reviewed and considered by the same process as the original approval, with special consideration to: a. Amendments to this land develop- ment code, including codes and standards adopted by reference, that have been adopted since the original approval, requiring modification to the development plans or associ- ated documents. b. Reevaluation of the ability of the proposed development to meet the requirements of chapter 103, article II, pertaining to concurrency. C. Changes in surrounding land use, development or other conditions that may require modification of the plans to meet the requirements of this land development code. (Code 1998, § 86-118; Code 2008, § 86-118; Ord. No. 281-C, § 1(ch. 3, art. I, § 4(C), (D)), 11-8- 1994) Sec. 101-184. Application for development permit. Application for development permits for subdivision site or building improvements shall be made according to the provisions of the appropriate chapter of this land development code. (Code 1998, § 86-119; Code 2008, § 86-119; Ord. No. 281-C, § 1(ch. 3, art. I, § 4(E)), 11-8-1994) Sec. 101-185. Modification of development order. (a) Minor modifications to development orders may be approved by the administrative official when such modifications are consistent with the requirements of this land development code and do not have a substantial impact on the overall impact and intent of the development order. The following modifications shall be generally considered as minor: (1) Dimensional changes to accommodate field conditions, including the connection to existing facilities and the preservation of existing vegetation. (2) Changes of landscape or construction materials that are deemed to be similar or equivalent to those approved. (3) Technical changes to construction details which in the opinion of the city engineer are deemed to be similar or equivalent to those approved. (b) Proposed modifications that do not meet the criteria for administrative approval described in subsection (a) of this section shall be submit- ted for development plan approval under the same procedure as required for the original approval, accompanied by the minimum review fee specified for such approval. (c) When, in the opinion of the administrative official, the proposed modifications represent a major and fundamental change in the overall impact and intent of the original development order, a new application for development plan approval may be required, including the appropri- ate fees as specified for such approval. (Code 1998, § 86-120; Code 2008, § 86-120; Ord. No. 281-C, § 1(ch. 3, art. I, § 4(F)), 11-8-1994) Secs. 101-186-101-208. Reserved. DIVISION 3. CONDITIONAL USE PERMITS Sec. 101-209. General use, provisions and standards. A conditional use, also known as a special exception use, in connection with the provisions of this land development code, means those uses or combinations of uses which, because of their uniqueness or character, are not specifically identified as permitted uses and would not be appropriate generally throughout a particular zoning district or classification, but which, if regulated as to number, area, location or relation to the neighborhood, would not adversely affect • • l� u CD101:34 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-212 0 • • the public health, safety, appearance or general welfare. Such uses may be permitted only if specific provisions and standards are met as set forth in this division. (Code 1998, § 86-141; Code 2008, § 86-141; Ord. No. 281-C, § 1(ch. 6, art. I, § 1), 11-8-1994) Sec. 101-210. Application. Any person requesting a conditional use permit shall file an application and pay a fee as established by resolution of the city council and on file in the city clerk's office. The application shall be filed in the office of the director of planning on or before the date established for such submission as adopted by resolution of the city council. In addition, the applicant shall provide the following information: (1) Proof of ownership, or authorization of the owner if represented by an agent or contract purchaser, and the name, address and telephone number of the applicant and the owner of the property. (2) A complete legal description of property involved, including a survey. (3) A conceptual plot plan showing the dimen- sions and location of the site, including all existing and proposed buildings, signs, driveways, off-street parking areas, load- ing and unloading space, proposed screen- ing or buffering, highways, watercourses and other topographic features of the site. (4) A description of the proposed operation in sufficient detail to set forth its nature and extent. (5) Plans or reports describing the method of handling any traffic or other infrastructure conditions created or impacted by the proposed use. (6) Landscape plans in conformance with chapter 123, article II. (Code 1998, § 86-142; Code 2008, § 86-142; Ord. No. 281-C, § 1(ch. 6, art. I, § 2(A)), 11-8-1994; Ord. No. 291-C, § I, 2-23-1999) Sec. 101-211. Notice of public hearing. All conditional use permit requests shall be considered at public hearings, which shall be noticed as follows: (1) The city shall send notice of the proposed conditional use permit to the owners of all adjoining properties to the subject property. Such notice shall include the date, time and place of the public hear- ings before the planning and zoning com- mission and the city council, along with a clear and concise description of the proposed use. For the purposes of such notification, adjoining properties shall include those properties within 150 feet of the subject property even when separated from the subject property by a road, canal, easement, right-of-way or similar barrier. (2) Notice of public hearing shall be published in a newspaper of general circulation within the city at least twice, one publica- tion being five days prior to the planning and zoning commission meeting (first Tuesday of the month) and the second being five days prior to the city council meeting (fourth Tuesday of the month). (3) After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the city. The signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as determined by the administrative official or designated representative. (Code 1998, § 86-143; Code 2008, § 86-143; Ord. No. 281-C, § 1(ch. 6, art. I, § 2(B)), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001) Sec. 101-212. Jurisdictional action and review criteria. (a) Alternatives for disposition of application. The planning and zoning commission and city council shall have five alternatives in determin- ing disposition of an application for a conditional use permit. Jurisdictional performance may CD101:35 § 101-212 CLERMONT CODE provide motion and formal action for postpone- ment, denial, denial without prejudice, approval or approval with conditions. (b) Postponement of action on application. A motion and action for postponement may be enacted where the application for hearing is reestablished for a specific time and date certain, or until such time when essential information may be made available so as to enable the convening body to make a formal determination on the proposed application. Other actions shall be formally disposed as set forth in subsections (c) and (d) of this section. (c) General criteria for granting permit. Upon review and formal action on an application for a conditional use permit, the planning and zoning commission may recommend granting and the city council may grant by resolution a conditional use permit if it is found, from the evidence presented at the public hearing, that: (1) The granting of the conditional use permit will not adversely affect the officially adopted comprehensive plan of the city; (2) Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; (3) The proposed use will comply with the regulations and conditions specified in the codes for such use; and (4) The proposed use may be considered desirable at the particular location. (d) Specific development standards. In determining whether the application meets the four requirements in subsection (c) of this sec- tion, the city shall as a minimum consider that satisfactory provisions and arrangements have been made for the following, where applicable: (1) Density or intensity, character and type of development. The density or intensity, character and type of development shall be in conformance with the city's comprehensive plan, future land use map, future land use district designation and zoning district classification. (2) Compatibility of development. The compat- ibility of the development with terrain and surrounding development as to type and size of unit and height shall be considered. The development shall be so located and designed to avoid undue noise, odor, traffic or other nuisances and dangers to abutting property owners. (3) Transportation. The city transportation system or streets must be of sufficient width and capacity to serve the demands created by the development. Dedication of rights -of -way, frontage or reverse front- age roads and other necessary improve- ments shall be considered and addressed. (4) Utilities. Sanitary sewer, potable water, reuse water, fire hydrants and other utili- ties must be available and have capacity to serve the development. For com- mercial or industrial development, the quality of the wastewater must be in conformance with chapter 38, article III. (5) Stormwater management. The capability, capacity and location of the city storm sewer system for serving the develop- ment must be considered, as well as adequacy of project design to provide retention and positive outfall of stormwa- ter. (6) Site planning. The development shall be planned and designed to consider: a. Effectiveness of plotting or building layout (street patterns, required yards, etc.). b. Orientation of units (setback, open space). C. Avoidance of environmentally sensi- tive areas (floodplain, steep slopes, unstable soil, drainage or wetland areas). d. Consideration of visual resources (view and aesthetics). e. Landscaping, buffering and screen- ing (for privacy and to screen park- ing or undesirable features). f. Provision of open space areas or private recreation areas. t_J • • CD 101:36 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-215 0 �J • g. Off-street parking and loading areas, where required, with particular attention to noise, glare or odor as they may affect adjoining proper- ties. Adequate off-street parking shall be provided in conformance with city codes. Residential construc- tion must be provided with required off-street parking in all districts. h. Ingress and egress to property and proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic flow and control and access in case of fire. Access to refuse collection areas shall be provided. (7) Solid waste disposal. For commercial and industrial development, the capacity to dispose of solid waste, with particular reference to any hazardous wastes gener- ated. (Code 1998, § 86-144; Code 2008, § 86-144; Ord. No. 281-C, § 1(ch. 6, art. I, § 2(C)), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001) Sec. 101-213. Conditions and safeguards. (a) In granting any conditional use, the plan- ning and zoning commission may recommend, and the city council may prescribe, appropriate conditions and safeguards to protect the public health, safety or general welfare and to ensure compliance with the requirements of this divi- sion and the land development code in general. Such conditions may include time limits for the initiation and duration of the conditional use, specific minimum or maximum limits to regular land development code requirements, or any other conditions reasonably related to the require- ments and criteria of this division. (b) In recommending the granting or denying of a conditional use permit, the planning and zoning commission shall make a finding which shall specify the rationale relied upon by the planning and zoning commission in rendering its decision and in attaching conditions and safeguards and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements of this division. A copy of this report shall be filed with the city clerk and in the office of the city manager. (Code 1998, § 86-145; Code 2008, § 86-145; Ord. No. 281-C, § 1(ch. 6, art. I, § 2(D)), 11-8-1994) Sec. 101-214. Effectiveness of permit; revocation. (a) The effectiveness of the conditional use permit is expressly conditional upon the follow- ing, and the conditional use permit 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 signing the conditional use permit. (2) Such conditional use permit executed as indicated shall have been filed in the office of the city clerk within 90 days of its date of grant by the city council. Upon expiration of this period, the permit shall become null and void, and the permittee must apply for rehearing. If the conditional use permit should expire on a weekend or nonworking holiday, the formal date for execution shall extend to the next scheduled working day. (b) In the event of failure of the permittee to fulfill development in substantial accordance with the plans as submitted to the planning and zoning commission and the city council, comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon, or meet any of the terms of the conditional use permit, the permit may be revoked after due public hearings before the planning and zoning commission and the city council. (Code 1998, § 86-146; Code 2008, § 86-146; Ord. No. 281-C, § 1(ch. 6, art. I, § 2(E)(1)), 11-8-1994) Sec. 101-215. Reapplication after denial. The decision of the city council under this division shall be final. Applications which have been denied without prejudice may be refiled CD101:37 § 101-215 CLERMONT CODE after a period of three months. Other applica- tions may not be refiled until after a period of one year. (Code 1998, § 86-147; Code 2008, § 86-147; Ord. No. 281-C, § 1(ch. 6, art. I, § 2(E)(2)), 11-8-1994) Sec. 101-216. Time limit for commencing construction. When any conditional use permit is granted, physical construction, including items required to meet adopted levels of concurrency, must begin within the timeframe established in the conditional use permit, which may not exceed two years. Such timeframe shall begin the date the conditional use permit is signed and executed by the permittee. For purposes of this section, the term "physical construction" shall mean the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. (Code 1998, § 86-148; Code 2008, § 86-148; Ord. No. 281-C, § 1(ch. 6, art. I, § 2(E)(3)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 101-217. Development agreements. (a) Generally. In accordance with F.S. §§ 163.3220 through 163.3243, the city hereby adopts procedures by which development agree- ments may be entered into with any person having a legal or equitable interest in real property located within the city. (b) Definitions. For the purposes of this sec- tion, the following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Comprehensive plan has the meaning given it in F.S. § 163.3221. Development has the meaning given it in F.S. § 163.3221. Development order has the meaning given it in section 101-11. Development permit has the meaning given it in section 101-11. Land development regulations, also known as "land development code," has the meaning given it in F.S. § 380.031. Owner means a person with a legal or equitable interest in land who filed an application for a development permit for the land with the county and who received a development order, or who has an interest in land that is the subject of an enforcement action by the county. Public facilities means roads, potable water supplies, sanitary sewer treatment, solid waste, drainage, public parks. (c) Requirements for development agreements. (1) A development agreement shall include the following provisions: a. A legal description of the land subject to the agreement, and the names of its legal and equitable owners. b. The duration of the agreement. C. The development uses permitted on the land, including population densi- ties, and building intensities and height. d. A description of public facilities that will service the development, includ- ing who shall provide such facili- ties; the date any new facilities, if needed, will be constructed; and a schedule to ensure public facilities are available concurrent with the impacts of the development. e. A description of any reservation or dedication of land for public purposes. f. A description of all development permits approved or needed to be approved for the development of land. g. A finding that the development permitted or proposed is consistent with the city's comprehensive plan and land development regulations. h. A description of any conditions, terms, restrictions or other require- 0 1� u CD101:38 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-217 0 ments determined to be necessary by the city for the public health, safety, or welfare of its citizens. i. A statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of comply- ing with the law governing said permitting requirements, condi- tions, term, or restriction. (2) The development agreement shall provide that the entire development, or any phase thereof, be commenced or completed within a specific period of time; however, in no event shall the original duration of the development agreement exceed ten years. The development agreement may be extended past the initial ten-year time period by mutual consent of the parties, subject to a public hearing in (5) A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. (6) If state or federal laws are enacted after the execution of the development agree- ment, which are applicable to and preclude the parties' compliance with the terms of the agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. (d) Public hearings. Before entering into, amending, or revoking a development agree- ment, the city shall conduct at least two public hearings. The first public hearing may be conducted by the planning and zoning commis- sion and the second shall be conducted by the city council. (e) Local laws and policies governing the accordance with this development code. development agreement. (3) A development agreement and authorized (1) The city's comprehensive plan, city Code development shall be consistent with the and land development regulations in effect city's comprehensive plan and land at the time of execution of the develop - development regulations. ment agreement shall govern the develop- ment of the land for the duration of the (4) The city manager or designee shall review development agreement. the land subject to the development agree- ment at least once every 12 months to (2) The city may apply subsequently adopted determine if there has been demonstrated laws and policies to a development that good faith compliance with the terms of is subject to a development agreement the agreement. For each annual review only if the city has held a public hearing conducted during the years six through and determined: ten of the agreement, the review shall be a. The subsequently adopted laws are incorporated into a written report, which not in conflict with the laws and shall be submitted to the parties to the policies governing the development agreement and the department of com- agreement and do not prevent munity affairs. The written report shall development of the land uses, be supplied to the city council. If the city intensities, or densities in the manager or designee finds, on the basis development agreement; of substantial competent evidence, that there has been a failure to comply with b. The subsequently adopted laws are the terms of the development agreement, essential to the public health, safety, the agreement may be revoked or modi- or welfare, and expressly state that fied by the city council of city commis- sioners at a public hearing in accordance they shall apply to a development that is subject to a development with this development code. agreement; CD101:39 § 101-217 CLERMONT CODE C. The subsequently adopted laws are specifically anticipated and provided for in the development agreement; d. The city demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the develop- ment agreement; or e. The development agreement is based on substantially inaccurate informa- tion supplied by the developer. (3) This section does not abrogate any rights that may have vested pursuant to common law. (f) Recording in the public records. Within 14-calendar days after the city executes the development agreement, the city shall record the agreement in the public records of the county. The development agreement shall be binding and shall inure to all successors in interest to the parties to the agreement. The developer shall pay all recording fees. (Code 1998, § 86-149; Code 2008, § 86-149; Ord. No. 332-C, § 2, 3-23-2004) Secs. 101-218-101-242. Reserved. ARTICLE IV. VARIANCES Sec. 101-243. Purpose and general provi- sions; definitions. (a) Purpose. The purpose of this section is to provide for relief from certain requirements of the land development regulations when the strict administration of such regulations prevent an important need and the reasonable use of the property for which a variance is sought. In so doing, the following rules apply: (1) Use variances are not permitted. (2) All variances run with the land. (3) All variance requests to the require- ments of the Florida Americans with Disabilities Accessibility Implementa- tion Act (F.S. § 553.501 et seq.) must be preceded through the procedures required under such act. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Practical difficulty means use of all or a portion of the property at issue cannot occur with reasonable physical accommodation that is economically reasonable. Unnecessary hardship means a practical dif- ficulty which exists due to an unintended effect of the land development regulation. Use variance means an exception to the uses permitted in a particular zoning district by right, special exception or conditional use. (Code 1998, § 86-171; Code 2008, § 86-171; Ord. No. 281-C, § 1(ch. 8, § 1), 11-8-1994; Ord. No. 2018-01, § 2, 1-23-2018) Sec. 101-244. Submittal requirements for application. Application for variance shall be filed with the city on the designated form and shall be accompanied by the appropriate fee as established by resolution of the city council and on file in the city clerk's office. Application for a variance shall be filed on or before the date established for such submission as adopted by resolution of the city council. The following shall be submitted for variance: (1) Completion of the appropriate forms; (2) Site plan; (3) Reasons identifying why a variance is warranted. (Note: The burden of proof is the obligation of the applicant. Justifica- tion for compliance with the criteria for a variance must be fully documented and proven by the applicant. Each variance must stand on its own merits. Past vari- ance approvals will not be grounds for approval of future variances); (4) Payment of the requisite application fee. (Code 1998, § 86-172; Code 2008, § 86-172; Ord. No. 281-C, § 1(ch. 8, § 2(A)), 11-8-1994; Ord. No. 291-C, § II, 2-23-1999; Ord. No. 2018-01, § 2, 1-23-2018) • • CD101:40 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-247 0 • Sec. 101-245. Notice of public hearing. All variance requests shall be considered at public hearings, which shall be noticed as fol- lows: (1) (2) The city shall send notice of the proposed variance to the owners of all adjoining properties to the subject property. Such notice shall include the date, time and place of the public hearing before the board of zoning adjustment, along with a clear and concise description of the proposed variance. For the purposes of such notification, adjoining properties shall include those properties within 150 feet of the subject property even when separated from the subject property by a road, canal, easement, right-of-way or similar barrier. Notice of public hearing shall be published in a newspaper of general circulation within the city no less than five days prior to the date set for the hearing, and the matter shall be entered on the agenda of the next regular meeting of the board of zoning adjustment if the meeting is five or more days forthcoming. The applicant shall be responsible for the cost of advertising, and it shall be paid no later than 24 hours prior to the scheduled hearing date. Failure to pay this cost will delay the hearing and the applicant may occur additional advertising costs. (3) After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the city. The signs shall be erected on each street side of said land or where the signs would be in the most conspicuous place to the passing public as determined by the administrative official or designated representative. (Code 1998, § 86-173; Code 2008, § 86-173; Ord. No. 281-C, § 1(ch. 8, § 2(B)), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 2018-01, § 2, 1-23-2018) Sec. 101-246. Review criteria and findings. A variance may be granted from the land development regulations if the board concludes that literal enforcement of the provisions of the land development regulations would result in either practical difficulty (for setback and park- ing provisions) or unnecessary hardships (for all other land development regulations) for the property at issue. In order for a variance to be granted, the board must also find that, by grant- ing the variance, the remaining regulations will protect the public safety and welfare of the city and if it finds that: (1) Granting the variance will not cause or allow interference with the reasonable enjoyment of adjacent or nearby property owners or negatively impact the standard of living of the citizens of the city; (2) The variance will allow a reasonable use of the property, which use is not out of character with other properties in the same zoning category; (3) In the context presented, strict compli- ance with the land development regula- tion will not further any legitimate city objective, or the benefits that would be achieved under the other variance criteria by the granting of the variance outweigh the benefits under this criteria if the variance were denied; (4) The granting of the variance is consistent with the city's comprehensive plan; and (5) The variance requested is the minimum variance that will make reasonable use of the land, building, or structure or the benefits that would be achieved under the other variance criteria by the grant- ing of the variance outweigh the benefits under this criteria if the variance were denied. (Code 1998, § 86-174; Code 2008, § 86-174; Ord. No. 281-C, § 1(ch. 8, § 2(C)), 11-8-1994; Ord. No. 2018-01, § 2, 1-23-2018) Sec. 101-247. Review of variance applica- tions. Under this section, applications for variances shall be: (1) Reviewed by the administrative official. A report reviewing the circumstances CD 101:41 § 101-247 CLERMONT CODE surrounding the application with a recom- mended action shall be produced and shared with the applicant in advance of the board of zoning adjustment public hearing; and (2) Approved, denied, or approved with condi- tions by the board of zoning adjustment after one public hearing. (Code 2008, § 86-175; Ord. No. 2018-01, § 2, 1-23-2018) Sec. 101-248. Time limit for commencing construction. When any variance is granted, construction of the structure or other variance item must begin within one year from the date of grant. It shall be the obligation of the owner to file written notice with the administrative official and direc- tor of planning that the owner has begun the proposed construction. If no such notice is filed, the variance shall automatically lapse. (Code 1998, § 86-175; Code 2008, § 86-176; Ord. No. 281-C, § 1(ch. 8, § 2(D)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2018-01, § 2, 1-23-2018) Sec. 101-249. Transfer. A variance in the zoning regulations may be transferred along with the transfer of the property ownership, but only for the specific use and approved plan originally granted. (Code 1998, § 86-176; Code 2008, § 86-177; Ord. No. 281-C, § 1(ch. 8, § 2(D)), 11-8-1994; Ord. No. 2018-01, § 2, 1-23-2018) Sec. 101-250. Reapplication after denial. Variance requests which have been denied may not be resubmitted for a period of one year. (Code 1998, § 86-177; Code 2008, § 86-178; Ord. No. 281-C, § 1(ch. 8, § 2(D)), 11-8-1994; Ord. No. 2018-01, § 2, 1-23-2018) Secs. 101-251-101-278. Reserved. ARTICLE V. AMENDMENT PROCEDURE* Sec. 101-279. Initiation; applicability of state law. Application to amend this land development code or the comprehensive plan may be initiated by any person, board or agency. Application to rezone land under this land development code may be initiated by the landowner, city planning and development services department, planning and zoning commission or city council. The requirements of this article are in addition to the requirements of applicable state law. (Code 1998, § 86-221; Code 2008, § 86-221; Ord. No. 281-C, § 1(ch. 3, art. II, § 1), 11-8-1994) Sec. 101-280. Application. (a) Application for land development code or comprehensive plan amendments shall be made on the appropriate forms provided by the city for that purpose and shall be accompanied by the appropriate nonrefundable review fee. (b) Applications for land development code amendments or rezoning shall be filed in the office of the director of planning on or before the date established for such submission as adopted by resolution of the city council. (c) Applications for comprehensive plan amend- ments may be made at any time but will only be considered twice per year. Applications received no later than 60 days in advance of the September planning and zoning commission meeting will be considered at that time, and applications received no later than 60 days in advance of the March planning and zoning commission meeting will be considered at that time. (d) Applications for future land use plan amendments shall include a legal description of the property, sketch or survey of the property, proof of ownership and authorization of the owner if represented by an agent or contract purchaser. *State law reference -Amendment procedures, F.S. §§ 163.3184, 166.041. • • C� J CD101:42 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-281 (e) Any person desiring a change or amend- Sec. 101-281. Notice of public hearing ment to the zoning district boundaries (i.e., rezoning) shall submit a request for the change All amendments to the comprehensive plan or or amendment, in writing, giving the following the land development code shall comply with the information: following: (1) Legal description of the property, as shown (1) Rezoning and future land use map amend - on an up-to-date survey, deed or tax ments. The following requirements apply receipt. to owner -initiated amendments. They are superseded by the requirements of F.S. (2) General property location, which would § 166.041(3)(c) for rezoning amendments enable anyone reasonably acquainted with initiated by the city, and by the require - the city to pinpoint it exactly. ments of F.S. § 163.3184 for future land (3) A plot plan on a sheet of paper at least use map amendments initiated by the 8Y2 inches by 11 inches in size, drawn to city. scale and including the following informa- a. Notice to adjoining owners. The city tion: shall send notice of the proposed a. Name, address and telephone action to the owners of all adjoining number of the applicant. properties to the subject property. b. North arrow, date and scale. Such notice shall include the date, time and place of the public hearing C. Property lines, existing structures, before the planning and zoning com- proposed structures and contiguous mission, along with a clear and streets. d. A short description of proposed concise description of the proposed action. For the purposes of such structural usage. notification, adjoining properties e. A topographical map with five-foot shall include those properties contour lines, if deemed necessary separated from the subject property for clarification purposes by city by a road, canal, easement, right -of - staff. way or similar barrier of 150 feet or less in width. (4) Approximate acreage, including an b. Publication of notice. Notice of public estimate of the number of acres in the hearing shall be published in a property as well as an estimate of physi- newspaper of general circulation cal features (e.g., one-third swamp, one- within the city at least 15 days prior half groves, etc.). to the hearing, with a second publica- (5) Present zoning. tion at least five days prior to the (6) Requested action (zoning district designa- hearing. tion). C. Posting of notice on property. After (7) The applicant's signature, if different an application has been filed, the from the owner of record. applicant shall post the subject property with signage as provided (8) The owner's signature (owner of record), by or as directed by the city. The unless a power of attorney or letter sign or signs shall be erected on authorizing the applicant to act as the each street side of said land or duly authorized agent for the owner is where the sign or signs would be in submitted with the application. the most conspicuous place to the (Code 1998, § 86-222; Code 2008, § 86-222; Ord. No. 281-C, § 1(ch. 3, art. II, § 1(A)), 11-8-1994; passing public as determined by the administrative official or designated Ord. No. 291-C, § III, 2-23-1999) representative. CD 101:43 § 101-281 CLERMONT CODE (2) Textual changes. Notification and advertis- ing for ordinances making textual changes to the land development code or the comprehensive plan that do not substantially change permitted use categories in zoning districts or land use map designations shall be as normally required for ordinances under the city Charter and Code of Ordinances, and state law. (Code 1998, § 86-223; Code 2008, § 86-223; Ord. No. 281-C, § 1(ch. 3, art. II, § l(B)), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001) Sec. 101-282. Action by planning and zoning commission and city council. The following procedures are in addition to, or where in conflict superseded by, those required by city ordinance or state law: (1) Planning and zoning commission action. The planning and zoning commission shall consider and make recommenda- tions to the city council on every rezoning and every proposed amendment to the comprehensive plan or the land develop- ment code. Recommendations on rezon- ings and future land use map amendments shall be considered at the public hearing noticed as provided in section 101-281, while textual changes may be considered as a general item on the commission's agenda. (2) City council action. The city council shall consider the recommendations of the plan- ning and zoning commission before taking action on proposed amendments to the land development code. However, if that body fails to make recommendation within 60 days of the amendment's first consideration by that body, then the city council may take action based upon an assumed recommendation of approval from the advisory body. (Code 1998, § 86-224; Code 2008, § 86-224; Ord. No. 281-C, § 1(ch. 3, art. II, § 1(C)), 11-8-1994) Sec. 101-283. Reapplication after denial of rezoning application. When an application for rezoning is denied by the city council, subsequent application for similar rezoning on any portion of the same parcel of property may not be made for 12 months from the date of city council denial, unless specifically authorized by the city council. (Code 1998, § 86-225; Code 2008, § 86-225; Ord. No. 281-C, § 1(ch. 3, art. II, § l(D)), 11-8-1994) Sec. 101-284. Review criteria. When considering an amendment to the comprehensive plan or the land development code, the planning and zoning commission and the city council shall consider the following criteria: (1) Consistency with the comprehensive plan, or, in the case of a plan amendment, consistency with the remainder of the plan and its goals, objective and policies. (2) Consistency with applicable sections of this land development code. (3) Additionally, as to rezoning amend- ments: a. Whether justified by changed or changing conditions. b. Whether adequate sites already exist for the proposed district uses. C. Whether specific requirements of this land development code are adequate to ensure compatibility with adjoining properties as required by the comprehensive plan. (Code 1998, § 86-226; Code 2008, § 86-226; Ord. No. 281-C, § 1(ch. 3, art. II, § l(E)), 11-8-1994) Secs. 101-285-101-301. Reserved. ARTICLE VI. APPEALS Sec. 101-302. Procedural appeals. Any property owner or developer, or their duly authorized agent, who is aggrieved by a procedural decision by the administrative official or any other official empowered by this land develop- ment code may file a written appeal within 30 days after the decision in dispute. Appeals shall be filed with the city manager and shall state fully the grounds for the appeal and all facts • CD101:44 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-325 0 • • relied upon by the petitioner. The city manager shall schedule the appeal for the consideration of the city council within 21 working days of the receipt of the appeal. (Code 1998, § 86-251; Code 2008, § 86-251; Ord. No. 281-C, § 1(ch. 3, art. II, § 2(A)), 11-8-1994) Sec. 101-303. Technical appeals. Any property owner or developer, or their duly authorized agent, who is aggrieved by a techni- cal decision by the administrative official or any other official empowered by this land develop- ment code may file a written appeal within 30 days after the decision in dispute. Appeals shall be filed with the administrative official and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The administra- tive official shall schedule the appeal for consideration no earlier than seven days and no later than 45 days after the receipt of the appeal. (Code 1998, § 86-252; Code 2008, § 86-252; Ord. No. 281-C, § 1(ch. 3, art. II, § 2(B)), 11-8-1994) Secs. 101-304-101-324. Reserved. ARTICLE VII. NONCONFORMANCES Sec. 101-325. Types of nonconforming status; continuation. (a) Within the districts established by this land development code or amendments that later may be adopted, there may exist lots, uses of land or structures which lawfully existed before the passage of the ordinance from which this land development code is derived, or before amendment of this land development code, but which would be prohibited, regulated or restricted under the terms of this land development code. (b) It is the intent of this land development code to permit these nonconformities to continue in their present condition but not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (c) There are four types of nonconforming status, as follows: (1) Nonconforming lots of record. a. In any district in which residential dwellings are permitted, notwithstanding district dimensional requirements, a single-family dwell- ing and customary accessory build- ings may be erected on any single lot of record, as defined in this land development code, which existed at the effective date of adoption of the ordinance from which this land development code is derived or at the date of amendment of this land development code. This subsection shall apply even though such lot fails to meet the requirements apply- ing to area or width, or both, of the lot; however, development on residential lots platted under previ- ous zoning ordinances shall conform to all other regulations (setbacks, buffers, landscaping, etc.), for the district in which such lot is located. b. No portion of any nonconforming lot shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this land develop- ment code, nor shall any division of any parcel be made which creates a lot width or area below the require- ments stated in this land develop- ment code. (2) Nonconforming uses of land and structures. A nonconforming use of land or structure existing prior to the adop- tion of the ordinance from which this land development code is derived shall continue to have such nonconforming status and shall be subject to the applicable provisions of this land develop- ment code, including the following, which shall apply so long as the use of the land or structure remains otherwise lawful: a. No such nonconforming use shall be enlarged or increased, or extended, CD101:45 § 101-325 CLERMONT CODE to occupy a greater area of land or (4) Nonconformities due to eminent domain structure than was occupied as of actions as approved by city council. the formal adoption date of the (Code 1998, § 86-281; Code 2008, § 86-281; Ord. ordinance from which this land No. 281-C, § 1(ch. 3, art. III, § 1(A)), 11-8-1994; development code is derived. Ord. No. 2010-04-C, § 1, 4-13-2010) b. No such nonconforming use shall be moved in whole or part to any por- tion of the lot or parcel other than that occupied by such use as of the formal adoption date of the ordinance from which this land development code is derived. C. No additional structure not conform- ing to the requirements of this land development code shall be erected in connection with such nonconform- ing use of land or structure. (3) Nonconforming structures. A nonconform- ing structure existing prior to the adop- tion of the ordinance from which this land development code is derived shall continue to have such nonconforming status and shall be subject to the applicable provisions of this land develop- ment code, including the following, which shall apply so long as the use of the land or structure remains otherwise lawful: a. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. b. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its current appraised value as recorded in the tax assessor's office at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this land development code. C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is removed. Sec. 101-326. Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, repairs and modernization are permitted, provided that the cubic area existing when it became nonconforming shall not be increased. Nothing in this land development code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official. (Code 1998, § 86-282; Code 2008, § 86-282; Ord. No. 281-C, § 1(ch. 3, art. III, § 1(B)), 11-8-1994) Sec. 101-327. Abandonment of nonconforming use. If a nonconforming use of land or a nonconform- ing use of a structure has been abandoned as defined in this land development code, such use shall not thereafter be reestablished and any future use shall be in conformity with the provi- sions of this land development code. (Code 1998, § 86-283; Code 2008, § 86-283; Ord. No. 281-C, § 1(ch. 3, art. III, § 1(C)), 11-8-1994) Sec. 101-328. Uses under conditional use permits. Any use which is permitted as a conditional use in a district under the terms of this land development code shall be deemed a conforming use, subject to any conditions legally imposed by the city council in the past. (Code 1998, § 86-284; Code 2008, § 86-284; Ord. No. 281-C, § 1(ch. 3, art. III, § 1(D)), 11-8-1994) Sec. 101-329. Hardship relief due to eminent domain actions. (a) Intent. This section is intended to provide a fair and equitable process whereby either landowners affected by the transfer of any part of such property to an entity having the power of • is • CD 101:46 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-329 eminent domain, or the condemning authority (c) Taking or transfer causing nonconformance can independently obtain nonbinding determina- of remaining property. tions where such remaining parcel deviates from any land development regulation. (1) Notwithstanding any provision of the land development code to the contrary, (b) Definitions. The following words, terms whenever a transfer in satisfaction of and phrases, when used in this section, shall condemnation (TSC) occurs, and such have the meanings ascribed to them in this transfer causes the remaining parcel to subsection, except where the context clearly deviate from the land development code indicates a different meaning: and/or governing documents applicable to such property, then such remaining Cure plan means a site plan identifying parcel shall thereafter be an illegal site measures to mitigate or correct land develop- and/or structure to the extent the transfer ment code and/or governing documents noncon- in satisfaction of condemnation causes formities caused by the transfer in satisfaction of the remaining parcel to deviate from the condemnation, including, but not limited to, land development code and/or governing landscape buffers, setbacks, landscaping, sig- documents unless a cure plan is approved nage, and parking requirements. by the city council allowing such devia- tion. Director means the city planning director or designee. (2) a. Within 90 days after the date of the transfer in satisfaction of condemna- Governing documents means those site and/or tion, the owner of the remaining subdivision plans and/or agreements and/or city parcel must schedule and participate zoning/development approvals, including, but not in a preapplication conference with limited to, developer annexation agreements, the director to discuss the cure plan which are applicable to or otherwise enforceable and the actions or improvements against a particular property or development. necessary to bring such remaining Such documents, when submitted to the city for parcel into compliance with the land approval, shall be fully engineered and meet any development code and governing requirements of the land development code documents. Such 90-day period shall applicable to such documents unless otherwise constitute a grace period during stated herein. which code enforcement action against the remaining parcel, with Nonbinding means determinations by the city respect only to those deviations that do not require the owner of a remaining caused by the transfer in satisfac- parcel to comply with the city's determination. tion of condemnation shall be temporarily suspended to facilitate Remaining parcel means the remaining por- operation of this section. An applica- tion of real property, including existing improve- tion for site plan approval to remedy ments, after a portion of such property is the newly created nonconformities transferred to an entity having the power of made within such 90-day period shall eminent domain. extend such grace period pending the owner's good faith participation Transfer in satisfaction of condemnation (TSC) in the rehabilitation process pursu- means a transfer of an interest in real property ant to this section. A property owner to an entity having the power of eminent domain, may still apply for relief pursuant whether such transfer is affected by final judg- to this section after the expiration ment in a condemnation action, certificate of deposit pursuant to an order of taking, deed of the 90-day period, at which time, pending code enforcement action under threat of condemnation, or voluntary. against deviations caused by the CD101:47 § 101-329 CLERMONT CODE transfer in satisfaction of condemna- tion shall be abated pending the owner's good faith participation in the rehabilitation process pursuant to this section. b. Nothing in this section shall be construed to prohibit or otherwise abate code enforcement action against a remaining parcel for: 1. Deviations or violations not caused by a transfer in satisfac- tion of condemnation; or 2. Deviations or violations, regard- less of whether such are caused (6) by a transfer in satisfaction of condemnation, that pose a seri- ous threat to the public health, safety and welfare. (3) Within 180 days after the date of the transfer in satisfaction of condemnation, the owner of the remaining parcel must submit to the director a cure plan identify- ing measures to mitigate or correct land development code and/or governing docu- ments nonconformities caused by the transfer in satisfaction of condemnation, including, but not limited to, landscape buffers, setbacks, landscaping, signage, and parking requirements. To be considered by the director, the foregoing documentation must be submitted together with appropriate application forms, as well as payment for any applica- tion fees. (4) Following submittal of such application, the owner of the remaining parcel must continue in good faith with the process- ing of the application and the proposed revisions and amendments to the govern- ing documents and respond to city staff comments within 30 days of receiving any such comments. Failure to comply will constitute a code violation. Follow- ing a sufficient application determina- tion, the cure plan will be scheduled for a city council public hearing. (5) The city council shall approve a specific timeline for completion of site improve- ments required by the approved cure plan, which shall be tailored to account for the complexity of the required improve- ments as well as any special conditions pertaining to the rehabilitation of the remaining parcel. Following timely completion of the site improvements required by the approved cure plan, the remaining parcel shall thereafter be deemed to be conforming or legally nonconforming, whichever may be applicable, as it relates to the matters addressed on the cure plan. As a condition of approval of any cure plan hereunder, the city council may require, among other things, that the owner or owners of the remaining parcel execute and record in the public records of the county a notice of encumbrance in a form acceptable to the city for the purpose of notifying any and all subsequent owners of the remaining parcel is subject to a cure plan. (d) Deviations. (1) If, due to the transfer in satisfaction of condemnation, bringing the remaining parcel into conformity with the land development code and/or the governing documents would place an unreasonable burden upon the property owner, then the property owner may seek a deviation as part of the proposed cure plan. In determining whether bringing a particular parcel of property into conformity with the land development code and/or govern- ing documents would place an unreason- able burden upon the owner of the remaining parcel, the city council must consider the following factors: a. Physical constraints imposed based upon the size, shape or usable area of the remaining parcel and existing structures located thereon; b. Safety concerns that would be cre- ated by strict adherence to the land development code and/or governing documents; • • CD 101:48 • • GENERAL AND ADMINISTRATIVE PROVISIONS § 101-329 C. Factors and circumstances that wherever possible. The meeting preclude the continued use of the between the condemning authority remaining parcel with the uses actu- and the property owner shall occur ally occurring on the property at a location or method as agreed immediately prior to the transfer in upon by both parties, and upon a satisfaction condemnation; minimum of 30 days written notice d. The effects of the proposed devia- by certified mail from the condemn- tion on traffic congestion on the ing authority to the property owner. surrounding public streets and the In the event that the property owner danger of fire or other hazard to the fails to attend the meeting after public; and receiving timely notice, the condemn- ing authority may submit the e. Whether the effect of the proposed proposed cure plan for review by the deviation is in harmony with the city council hereunder. general intent of the city's land development code and the specific b. The final application submitted to intent of any and all relevant subject the city council shall include any areas of the code. and all information requested by, or recommendations of the director aris- (2) City council approval of a deviation may ing out of the preapplication confer - include conditions and restrictions upon ence or subsequent staff review. Any the remaining parcel benefited by the cure plan submitted must clearly deviation so as to minimize the injurious depict and describe the existing effect of the deviation. condition of the affected property (e) Actions taken prior to transfer in satisfac- prior to the transfer in satisfaction tion of condemnation. of condemnation and the conditions existing after the completion of the (1) Prior to the occurrence of the transfer in site improvements proposed by the satisfaction of condemnation, a property cure plan. owner may, at the owner's option, may hold the preapplication conference with (3) The approval of the nonbinding cure plan the director and submit an application shall not preclude the city council from for cure plan approval. approving a competing application from (2) At any time prior to the transfer in the owner of the remaining parcel, which satisfaction of condemnation, the differs from the cure plan addressed in condemning authority may apply fora the nonbinding approval, it being nonbinding cure plan approval to ascertain recognized that there may be more than whether such plan will likely satisfy the one alternative approach to cure the requirements of this section. Prior to effects of a transfer in satisfaction of submitting any such application, the condemnation that would bring the condemning authority shall hold a preap- remaining parcel into conformity with plication conference with the director. Code of Ordinances requirements and/or governing documents or legal nonconfor- a. As a condition precedent to submit- mities as described above. A city council ting an application, the condemning approved nonbinding cure plan, includ- authority shall schedule a meeting ing such with deviations, shall only become with all record owners of the subject binding upon the remaining parcel when property for the purpose of review- such is incorporated into a written settle- ing the proposed cure plan and to ment of the transfer in satisfaction of encourage cooperation and condemnation between the owner of the conformance with the city code remaining parcel and the condemning CD101:49 § 101-329 CLERMONT CODE authority. If more than one cure plan has been approved by the city council, includ- ing a nonbinding cure plan submitted by the condemning authority, any of the cure plans may be used and relied upon by the owner of the remaining parcel to rehabilitate such parcel. (4) As a condition of approval of any cure plan, hereunder, the city council man require, among other things, that the owner or owners of the remaining parcel execute and record in the public records of the county a notice of encumbrance in a form acceptable to the city for the purpose of notifying any and all subsequent owners of the remaining parcel is subject to a cure plan. (f) Upon final approval of cure plan. Upon final approval of a cure plan by the city council, the terms, conditions and requirements contained therein shall attach as covenants that run with the land; provided, however, that the city shall not act to enforce the cure plan until such time as the construction of the new right-of-way pertaining to the taking and the cure plan has been completed. All city reviews may be conducted and approved prior to the right-of-way comple- tion in order to allow for the property owner the needed time to prepare the site plan and obtain any permits that may be required. (g) Fees. The fees for submission of a cure plan for review and approval shall be the same cost as site plan review. (h) Enforcement. The city may enforce viola- tions of this section by way of code enforcement board action, revocation of any certificate of occupancy related to the subject property, and/or all other remedies available to the city in law or equity. Prior to enforcing a violation of this section, the city shall provide notice as required by applicable law. (i) Notice. If a condemning authority or owner of a remaining parcel seeks city council final approval, or nonbinding approval, of a cure plan, the party seeking such approval shall provide to the other party written notice of such application by certified mail of such application at the time of submittal of the application and at least 14 days prior to the public hearing before city council related to the application. (Code 2008, § 86-285; Ord. No. 2010-04-C, § 1, 4-13-2010) Secs. 101-330-101-346. Reserved. ARTICLE VIII. DEVELOPMENT PLAN REVIEW Sec. 101-347. Article supplemental to subdivision regulations. The provisions of this article are in addition to those for the subdivision of land, where sale of individual lots is also proposed. (Code 1998, § 106-1; Code 2008, § 106-1; Ord. No. 281-C, § 1(ch. 11, § 1), 11-8-1994) Sec. 101-348. Intent of development plan review. The intent of development plan review is to set forth uniform procedures, well-defined applica- tion processes and information requirements that ensure that development of individual sites within the city is consistent with all applicable minimum development standards, that the approval of such development will be based upon the provision and availability of adequate public facilities and services coincident with the impact of the development, and that the development is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site. (Code 1998, § 106-2; Code 2008, § 106-2; Ord. No. 281-C, § 1(ch. 11, § 1), 11-8-1994) Sec. 101-348. Development plan review processes. Development plan review may include up to three parts, site plan review, engineering plan review and, when applicable, master plan review, all of which may be accomplished concurrently if desired by the applicant. Each of the three development plan review processes are intended to define the relationship of and differentiate • CD101:50 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-351 between overall and specific site design collectively referred to in this section as the considerations and technical engineering and "completed application." The procedure for review construction requirements. of a site plan shall be as follows: (Code 1998, § 106-3; Code 2008, § 106-3; Ord. No. (1) Application. 281-C, § 1(ch. 11, § 1), 11-8-1994) a. The applicant, when requesting Sec. 101-350. Development review approval of a site development plan, required. shall submit at least six copies of the site plan, the supplementary (a) Pursuant to requirements specified within materials required to accompany section 101-178(a), no development activity shall such plan, and the fee established be undertaken unless the activity is authorized in a manner prescribed by this land by a development permit. A development permit development code to the city. The may not be issued unless authorized by a develop- site plan and supplementary materi- ment order reflecting conformance with require- als shall be in the form prescribed ments of this land development code, or unless in section 101-352. No application specific exemption to the development order shall be deemed accepted unless it requirement is delineated pursuant to section is complete. 101-178(b). b. If the proposed construction or (b) Further, it shall be unlawful to commence alteration conforms with all the construction or alteration of any building, applicable provisions of this land structure, land or vehicular parking or circula- development code, the city shall issue tion area until the administrative official, or the a site development permit authoriz- duly authorized representative thereof, has issued ing such construction or alteration. a site development permit authorizing such work. If the proposed construction or Any owner or the owner's authorized agent who alteration fails to so conform, the desires to construct, enlarge or alter any build- administrative official shall deny ing, structure or land, or to cause any such work the application for a site develop - to be done, shall first make application to the ment permit, giving written notice administrative official and obtain a site develop- to the applicant of the reasons for ment permit. the denial. The administrative (Code 1998, § 106-4; Code 2008, § 106-4; Ord. No. official shall act upon applications 281-C, § 1(ch. 11, § 2), 11-8-1994) for site development permits within ten working days from the date of Sec. 101-351. Site plan review procedure; submission of the completed applica- site development permit. tion. The applicant shall initiate site plan review (2) Validity of permit. The issuance of a site procedures set forth in this section before or development permit by the administra- concurrently with the initiation of engineering tive official shall not waive any provision plan review procedures for applicable parcels. or requirement of this land development All applications shall be in the form required and code, nor shall failure by the administra- provided by the city. Such application shall be tive official to specify one or more reasons submitted to the city together with the fee for denial of an application for a site established in the manner prescribed by this development permit preclude such reasonsbeing land development code and all supplemental specified in denying any reapplica- data or information necessary to permit tion for such site development permit. determination of the proposed use's compliance with this land development code, such applica- (3) Duration of permit. Every site develop - ment permit issued shall become invalid tion form, supplemental data and fee being if the work authorized by the permit is CD101:51 § 101-351 CLERMONT CODE not commenced and substantial construc- tion work effected within 12 months after its issuance or if the work authorized by the permit is suspended or abandoned for a period of three months after the time the work is commenced. One or more extensions of time, not to exceed six months each or two in number, may be granted for cause by the administrative official, and such extension noted on the site development permit. (4) Uncompleted structures. No building or structure not completed in conformity with the plans and specifications upon which the site development permit was issued shall be maintained or be permit- ted to remain unfinished beyond the term of the site development permit's validity. Further, no person shall construct, enlarge, alter or repair or improve any building, structure or premises after expiration of the validity of the site development permit originally authorizing such work unless authoriza- tion for an extension has been formally granted by the administrative official. (5) Review and recommendation by site review committee. Upon acceptance of the proposed site plan, the director of plan- ning shall distribute copies of the proposed site plan to the site review committee. The site review committee meeting shall be scheduled as adopted by resolution of the city council. Within five business days following the site review commit- tee's meeting to consider the proposed site plan, the city shall either: a. Request that additional informa- tion, revisions, modifications, clarification or other data applicable to the site plan application be provided or accomplished by the applicant or agent; or b. Prepare a written recommendation to approve, approve with conditions or deny the site plan application and transmit such recommendation to the owner or authorized agent. (6) Criteria for approval. Before any proposed site plan may be approved, the site review committee must and shall find all of the following: a. That the proposed site plan is consistent with all applicable goals, objectives, policies and standards in the city comprehensive plan. b. That the proposed site plan meets or exceeds all applicable minimum standards and requirements as set forth in this land development code. C. That the impacts of the proposed development indicated on the site plan will be compatible with exist- ing and anticipated land use activi- ties in the immediate neighborhood and that such application will not be injurious to the area involved or otherwise detrimental to the public interest, safety or welfare. d. That adequate facilities and services necessary to serve development associated with the proposed site plan will be available and in place at the time of impact of develop- ment or any phase thereof. (Code 1998, § 106-5; Code 2008, § 106-5; Ord. No. 281-C, § 1(ch. 11, § 3), 11-8-1994; Ord. No. 291-C, § IV, 2-23-1999) Sec. 101-352. Site plan submittal require- ments. (a) Required data and information. An approved site plan is required prior to issuance of any building permit. All site plans and required supplementary materials that require review by the site review committee shall cover the entire parcel proposed for development unless such site plan and required supplementary material is based on a master plan approved and filed in the office of the administrative official in accordance with this land development code. All site plans shall contain at least the following data and information: (1) Sheet format. Site plans shall be drawn at a scale of one inch to 50 feet or larger. The maximum sheet size for site plans • is CD101:52 • • GENERAL AND ADMINISTRATIVE PROVISIONS § 101-352 shall be 24 inches by 36 inches. Multiple (3) Existing conditions. The site plan shall sheets may be used, provided each sheet show existing conditions as follows: is numbered and the total number of a. Existing streets on, adjacent to, sheets is indicated on each sheet. Cross across or opposite any right-of-way referencing between sheets shall be from and within 50 feet of the site, required. Necessary notes and symbol including: legends shall be included. Abbreviations 1. Name. should be avoided, but if used they shall be defined in the notes. 2. Location. 3. Right-of-way width. (2) General information. The following 4. Driveway approaches. general information shall be included: 5. Medians and median cuts. a. The identification "Site Plan" on b. Existing easements, indicating loca- each sheet and statement of intended tion, dimensions, purpose and use of the site. maintenance responsibility. b. Legend, including: C. Existing utilities, showing the provider, location and size. 1. Name of project or develop- d. Existing on -site improvements and ment. uses. 2. Legal description. 1. Buildings and structures. Each 3. Acreage. building and structure shall be individually identified or 4. Scale. numbered. Existing use, square 5. North arrow. footage and number of floors, seating capacity or dwelling 6. Existing zoning and other units, as applicable, shall be special districts. provided. 7. Preparation date and revision 2. All vehicular use areas (i.e., dates. parking spaces, including handicapped spaces, loading C. The name, address and telephone spaces, fire lanes, etc.). number of 3. All other impervious surfaces, 1. The owner. including sidewalks and pedestrian ways. 2. The owner's authorized agent. 4. The total net square footage 3. The engineer. and net percentage of the 4. The surveyor. usable site area to be covered by any form of impervious 5. Others involved in the applica- surface. tion. 5. All existing and proposed build- d. A vicinity map showing the relation- ing restriction lines (i.e., highway and service road ship of the site to surrounding setback lines, building setback streets, thoroughfares and public lines, covenant restriction facilities, at a scale of one inch to setbacks, etc.). 2,000 feet or larger. e. Adjacent improvements, uses and e. All linear dimensions of the site. zoning, identifying adjacent build- CD101:53 § 101-352 CLERMONT CODE ings, structures, curb cuts, access- number, symbol or other appropri- ways, other vehicular use areas and ate system, including the following other impervious surfaces that are information: located within 50 feet of the site, 1. Location. and designating the existing land use and zoning district classifica- 2. Proposed use for each building tion of all parcels abutting the site. or portion thereof, as applicable. 3. Dimensions and, when f. Topographyat one -foot contours and applicable, height. extending 25 feet beyond the property boundaries. 4. Gross floor area for nonresidential uses in square g. Soil types, as identified in the Soil feet by building, number of Survey, Lake County, Florida, USDA floors, use and total. Soil Conservation Service, or other 5. Floor plan for nonresidential competent expert evaluation. When buildings, including seating or soil suitability limitations are person capacity, as applicable. indicated for the proposed develop- ment, the city engineer may require 6. Number of dwelling units by a preliminary soil analysis by a building, by type of dwelling qualified soil engineer. unit and total. h. Drainage, depicting and if neces- 7. Density by type of residential sary, explaining existing surface land area (one -family, two - family, manufactured home or drainage characteristics of the site, multiple -family) and for total including relationship to adjacent residential land area. properties. 8. Net density in the same manner i. The 100-year floodplain, identifying as described in subsection and indicating the floodplain limits (a)(4)a.6 of this section, except as established by the FEMA flood excluding land area that is insurance rate map (FIRM), or other unsuitable for development (i.e., acceptable source, as applicable. wetland areas). j. Surface water, showing the 9. Preliminary architectural approximate normal high-water elevations, to include existing elevation or boundaries of existing and final grade, and finished surface water bodies, streams and first -floor elevation. canals, to include direction of flow, 10. Spaces for manufactured homes both on and within 50 feet of site. or travel trailers, individually k. Wetlands, as identified by the St. identifying each space and Johns River Water Management indicating the dimensions and District wetlands mapping or other characteristics of a typical space competent evaluation. and the manner in which a typical manufactured home or 1. Signs, showing location, size and travel trailer will be located type. within such space. (4) Proposed development. The site plan shall 11. Impervious surface coverage, show proposed development as follows: indicating the total net amount of impervious surface coverage a. Proposed buildings and structures in square footage and as a individually identified by name, percent of coverage of the site. • • • CD 101:54 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-352 0 b. Required yards, setbacks, buffers delineated to indicate compliance and distances, indicating location with adopted land development code and dimensions of all required yards, requirements. The following shall setbacks and buffers, and indicat- be indicated on a separate sheet: ing distance between buildings. the locations and specifications of C. Outdoor storage and display areas, all irrigation, including zones of including dimensions, type, screen- coverage, backflow prevention device ing type and materials. and rain sensor gauge. d. Proposed on -site and off -site f. Existing tree protection, identifying vehicular circulation system, park- existing trees to be protected, includ- ing areas and pedestrian circula- ing an explanation or illustration of tion, including the location, the method for preservation of such dimensions and typical construc- trees both during and after construc- tion specifications of: tion and those which are to be 1. Driveways, approaches and removed and replaced. curb cuts. g. Street graphics and outdoor light- 2. Vehicular access points, access- ing, including the locations and sizes ways and common vehicular of all signs and the nature of all access points. proposed lighting. A photometric 3. Off-street parking spaces, load- plan shall demonstrate that the ing, unloading and service area proposed lighting produces a space requirements, and maximum one footcandle at ground indicating the number of spaces level at the property boundary. required and provided by type h. Public and semipublic lands and of use. facilities, identifying the location, 4. Other vehicular use areas. extent, maintenance responsibility 5. Sidewalks and other pedestrian and ownership of - use areas, indicating coordina- 1. Street rights -of -way. tion with facilities in adjacent developments. 2. Easements for ingress and 6. Typical cross section by type of egress, utilities, drainage or a improvement. related stormwater manage- ment function, pedestrian ways, 7. Traffic control and signaliza- sidewalks, bike paths and other tion devices and the internal similar or related functions. traffic circulation plan (directional arrows, traffic 3. Designated lands for parks, control signs, fire lanes, open space and recreational bikeways, etc.). facilities, stormwater manage- ment, schools and public facili- e. A landscaping plan and irrigation ties. plan. The plans shall include, on a separate sheet, the location and i. Potable water supply and wastewater specifications of plantings for park- disposal system, indicating the ing lot landscaping, buffers, gross required capacity, available capac- acreage, and other required ity, provider, general location and is landscaped areas and required landscaping, including specific size of lines, and proposed owner - ship of and maintenance responsibil- calculations for each type of area ity for improvements. CD101:55 § 101-352 CLERMONT CODE j. Fire protection, identifying the near- est existing and proposed hydrant location in relationship to buildings and other fire protection systems. k. Reclaimed water system. A state- ment shall be included regarding the use of any proposed or existing reclaimed water system, including the amount of reclaimed water to be utilized and the method of applica- tion on the site. 1. Solid waste disposal and service equipment, identifying the location of dumpsters and other service equip- ment locations, including dimen- sions of maneuvering areas for collection and service vehicles, and indicating methods or structures and materials to be utilized to prevent such dumpsters and equipment from being viewed from public rights -of - way and adjacent property. m. Proposed topographic elevations and preliminary drainage plan, indicat- ing proposed topographic elevations at one -foot contours, direction of flow, proposed methods of stormwa- ter retention or detention, drainage improvements, proposed outfalls, drainage easements and preliminary engineering calculations. (b) Exceptions. Any applicant may request that required information described in subsec- tions (a)(3) and (4) of this section be omitted from the site plan application; provided, however, that such request shall be subject to the following requirements: (1) The request shall be in written form and shall be submitted with the proposed site plan. (2) The request shall identify the informa- tion, item or data that is proposed to be omitted from the site plan application and shall fully explain the reasons that such information, item or data does not apply to such application. (3) The administrative official has the author- ity to accept or reject such request pursu- ant to the procedures set forth in section 101-351(1). (Code 1998, § 106-6; Code 2008, § 106-6; Ord. No. 281-C, § 1(ch. 11, § 4), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 101-353. Engineering plan review procedure. The applicant shall initiate engineering plan review procedures as set forth in this section concurrently with, or under certain circumstances after the initiation of, site plan review procedures for the property in question. The procedure for review of an engineering plan shall be as follows: (1) Application for approval. a. The applicant for approval of the engineering plan shall submit at least six copies of the engineering plan, the supplementary materials required to accompany such plan and the fee established in a manner prescribed in this land development code to the administrative official, such plan, supplementary materi- als and fee being collectively referred to in this section as the "proposed engineering plan." The engineering plan and supplementary materials shall be in the form prescribed in section 101-354. No application shall be deemed accepted unless it is complete. b. The administrative official shall advise the applicant of whether the proposed engineering plan is accepted or not accepted within a period of ten days from the date of submission. If the proposed engineer- ing plan is not accepted, the administrative official shall inform the applicant in writing, giving notice of the reasons for the denial. Failure by the administrative official to specify one or more reasons for deny- ing the acceptance of an engineer- ing plan application shall not • is is CD101:56 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-354 0 • preclude such reasons being speci- fied in denying any reapplication for such engineering plan. (2) Review and recommendation by site review committee. a. Upon acceptance of the proposed engineering plan, the director of planning shall distribute copies of the proposed engineering plan to the site review committee. The site review committee shall meet within ten business days of acceptance of the proposed site plan to consider the application. Within five busi- ness days following the site review committee's meeting to consider the proposed site plan, the city shall either: 1. Request that additional information, revisions, modifications, clarification or other data applicable to the engineering plan be provided or accomplished by the applicant or agent; or 2. Prepare a written recommenda- tion to approve, approve with conditions or deny the site plan application and transmit such recommendation to the owner or authorized agent. b. If the administrative official enters a recommendation disapproving a proposed engineering plan or approv- ing the plan subject to modification, the applicant may at any time within 60 days following the date of such recommendation file an amended engineering plan and supplementary materials, whereupon the amended plan shall be received, reviewed and acted upon in the same manner as provided for original applications for approval of an engineering plan. No additional fee for such applica- tion shall be required. However, if the amended plan is not received within 60 days following the date of such recommendation, the applicant shall refile as provided for original applications for approval including the fee required for such applica- tion. (Code 1998, § 106-7; Code 2008, § 106-7; Ord. No. 281-C, § 1(ch. 11, § 5), 11-8-1994) Sec. 101-354. Engineering plan submittal requirements. All engineering plans and required supplementary material shall cover the entire parcel covered by a site plan and any off -site areas impacted by the development that is either proposed or approved in accordance with section 101-351. All engineering plans shall contain at least the following data and information: (1) General relationship of engineering plan requirements to site plan requirements. In general, engineering plans shall include, but not be limited to, all required information items set forth in section 101-352. However, all such information, data, analysis and supplementary materi- als shall be provided in final engineering and construction form for purposes of engineering plans rather than in preliminary or conceptual form as may initially be provided for site plans. Additional and more detailed engineer- ing plan required information is set forth in subsections (2) and (3) of this section. (2) Sheet data, size and scale. Engineering plans shall be drawn at a scale of one inch to 50 feet or larger. The maximum sheet size for engineering plans shall be 24 inches by 36 inches. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referenc- ing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, they shall be defined in the notes. a. The identification "Engineering Plan," the date, scale, revision date, if any, development name, and other CD 101:57 § 101-354 CLERMONT CODE such information shall be shown in a convenient grouping in the lower righthand corner of every sheet, preferably in a conventional title block. b. Each copy of an engineering plan required to be submitted to the administrative official shall bear the original signature and seal of the engineer licensed as a professional engineer by the state. (3) Required information. a. Final soils report. The plan shall indicate results of borings for build- ing locations and method of founda- tion construction footer design in relationship to soil conditions as recommended by a geotechnical engineer. b. Final drainage plan. The plan shall include topographic elevations at one -foot contours for the site and at least 25 feet beyond the site, final calculations for stormwater reten- tion and construction drawings of all related improvements. C. Fire protection facilities. The plan shall indicate hydrant location and type of internal fire protection systems to serve buildings. d. Civil engineering construction draw- ings. The applicant shall provide civil engineering construction draw- ings of all infrastructure, utilities and site improvements, including technical specifications and geometry. (Code 1998, § 106-8; Code 2008, § 106-8; Ord. No. 281-C, § 1(ch. 11, § 6), 11-8-1994) Sec. 101-355. Effect of site plan and engineering plan approval. Approval or approval with modifications and conditions of both a site plan and an engineering plan for the parcel in question shall serve as the basis for the issuance of a development order, site development permits, and, upon formal approved completion, a certificate of occupancy. (Code 1998, § 106-9; Code 2008, § 106-9; Ord. No. 281-C, § 1(ch. 11, § 7), 11-8-1994) Sec. 101-356. Maintenance of improve- ments. All improvements, requirements and condi- tions approved pursuant to sections 101-351 and 101-353 shall be maintained in good condition and in the manner prescribed by such approval for as long as the time use of the premises in question is in existence. (Code 1998, § 106-10; Code 2008, § 106-10; Ord. No. 281-C, § 1(ch. 11, § 8), 11-8-1994) Sec. 101-357. Master plan review procedure. A master plan covering the entire parcel proposed for development shall be required prior to, or in conjunction with, a site plan which covers only a portion of the entire parcel proposed for development; provided, however, that the requirements of this section shall not apply to approved planned development project plans covering the same parcel in question. The procedure for submission, review and approval of a master plan shall be the same as required for a site plan as set forth in section 101-351. The approved and signed master plan shall be filed in the office of the administrative official and shall constitute the basis for preparation and submittal of future site plans for the property in question. No development order or develop- ment permit shall be issued on the basis of an approved master plan until a site plan for the specific land area in question has been approved and filed in the office of the administrative official. (Code 1998, § 106-11; Code 2008, § 106-11; Ord. No. 281-C, § 1(ch. 11, § 9), 11-8-1994) Sec. 101-358. Master plan submittal requirements. All master plans shall contain at least the following data and information: (1) Sheet format. Master plans shall be drawn at a scale of 200 feet to one inch or larger. • • is CD 101:58 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-358 0 • • The maximum sheet size for master plans 2. Location. shall be 24 inches by 36 inches. Multiple 3. Right-of-way width. sheets may be used provided each sheet is numbered and the total number of 4. Driveway approaches. sheets is indicated on each sheet. Cross 5. Medians and median cuts. referencing between sheets shall be required. Necessary notes and symbol b. Easements indicatinglocation legends shall be included. Abbreviations dimensions, purpose and should be avoided, but if used, they shall maintenance responsibility. p Y be defined in the notes. C. Utilities, including provider and (2) General information. The master plan capacity. shall include the following general d. Zoning. information: e. On -site improvements and uses. a. The identification "Master Plan" on each sheet. 1. Residential areas, including b. Legend, including: acreage, housing types, maximum height, densities, and 1. Name of development. maximum number of dwelling 2. Legal description. units by type, phase and total 3. Acreage. parcel. 4. Scale. 2. Nonresidential areas, includ- 5. North arrow. ing acreage, maximum square footage, maximum height, and 6. Preparation date and revision type of use. dates. 3. General areas of permanent C. The name, address and telephone open space, recreational areas number of: and buffers, including acreage. 1. The owner. 4. General areas, including acre- 2. The owner's authorized agent. age, to be reserved or dedicated 3. The engineer. for public parks, playgrounds, 4. The surveyor. schools or other public uses. 5. Others involved in the applica- 5. Boundaries of areas proposed tion. for subdivision, including their designated purpose or use; d. A vicinity map, showing the relation- provided, however, the subdivi- ship of the site to surrounding streets sion of such areas shall be and public facilities, at a scale of subject to all provisions and one inch to 2,000 feet or larger. requirements of chapter 119, e. Legal description of the parcel in the city subdivision regula- question. tions. (3) Existing conditions and proposed develop- 6. Boundaries and numerical ment. The master plan shall show the sequence of proposed develop - existing and proposed location and general ment phasing. dimensions of the following: f. Adjacent improvements, uses and a. Streets both on and adjacent to the zoning. site, including: g. Topography, as delineated by U.S. 1. Name. Geological Survey, maps or other CD101:59 § 101-358 CLERMONT CODE competent expert evaluation, and extending 50 feet beyond the property boundaries. h. Soil types, as identified in the Soil Survey, Lake County, Florida, USDA Soil Conservation Service, or other competent expert evaluation. When soil suitability limitations are indicated for the proposed develop- ment, the city engineer may require a preliminary soil analysis by a qualified soils engineer. i. The 100-year floodplain, as applicable. j. Drainage, depicting existing drain- age characteristics and the proposed stormwater management concept. k. Surface water, showing approximate normal high-water elevation or boundaries of existing surface water bodies, streams and canals, both on and within 50 feet of the site. 1. Wetlands, as identified by the St. Johns River Water Management District wetlands mapping or other competent evaluation. m. Natural vegetation and landscap- ing, indicating general location, size and type of existing and proposed vegetation, including trees. n. Potable water and wastewater, indicating required capacity, avail- able capacity and provider. o. Fire protection, stating the method of fire protection. p. Reclaimed water system. A state- ment shall be included regarding the use of the city's reclaimed water system, including the amount of reclaimed water to be utilized and the method of disposal on the site. q. Solid waste disposal. A statement shall be included regarding the proposed provider, projected amount and method of solid waste disposal. Hazardous waste disposal methods shall be explained if applicable. (Code 1998, § 106-12; Code 2008, § 106-12; Ord. No. 281-C, § 1(ch. 11, § 10), 11-8-1994) Sec. 101-359. Applicability of article. All construction of site improvements, and construction of building improvements for new structures, increases in the size of a structure, or changes in the use of a structure, shall be required to comply with the requirements of this article, except where exempted in section 101- 178. (Code 1998, § 106-13; Code 2008, § 106-13; Ord. No. 281-C, § 1(ch. 11, § 11), 11-8-1994) Sec. 101-360. Required improvements. (a) Generally. All site development plans shall reflect the installation of all improvements required in this land development code, in a manner consistent with adopted construction standards of the city and this land development code. Improvements include roadways, stormwa- ter management systems, utilities, parking and loading areas, sidewalks, landscape and buffer- ing, and any other facility required by this land development code. (b) Completion of improvements required prior to issuance of certificate of occupancy. A certificate of occupancy shall not be issued until required improvements have been inspected and accepted by the city. An agreement and acceptable performance bond may be accepted for the comple- tion of certain minor improvements where specifi- cally outlined in this land development code. (c) Compliance with standard construction details. All construction shall comply with the standard construction details as adopted by resolu- tion of the city council. Any deviation permitted from the adopted standards shall be clearly noted as such in all plans and specifications. If inadvertent deviations in plans are not so noted, adopted standards shall apply. (d) Improvement or expansion of existing development. All construction, regardless of scope, shall comply with the specific requirements of is �J CD101:60 GENERAL AND ADMINISTRATIVE PROVISIONS § 101-361 this land development code relating to such construction. Final development plans for improvement or expansion of existing develop- ment may be exempt from certain requirements as outlined in this land development code. (e) Easements and miscellaneous dedications. The minimum number and size of easements or other dedications shall be reflected on the plan drawing, and the easements and other dedica- tions shall be conveyed to the city prior to issuance of the final approval or certificate of occupancy. Larger easements may be specifically required based on the size, depth or special maintenance requirements of a facility. Minimum sizes shall be as indicated in chapter 119. (Code 1998, § 106-14; Code 2008, § 106-14; Ord. No. 281-C, § 1(ch. 11, § 12), 11-8-1994) Sec. 101-361. Inspections and acceptance of improvements. Inspection and acceptance of improvements shall be as outlined in the subdivision regula- (4) tions in chapter 119 and this section. The follow- ing procedures shall apply to site improvements and the overall acceptance for issuance of certificates of occupancy: (1) Inspections. The city shall inspect construction for conformance with the terms of the development permits. The city shall have the authority to reject materials or suspend work when construc- tion is not in conformity with the terms of the development permit. The developer shall notify the city of the commence- ment of major phases of construction as discussed in the preconstruction meet- ing. (2) Testing. The developer shall provide laboratory tests to verify specifications of materials as required by the adopted standard construction details of the city and this land development code. The city reserves the right to require additional testing based on unusual circumstances encountered in the field. (3) Request for final inspection. Final inspec- tion of site improvements shall be scheduled no more than five working days after receipt of the following informa- tion, unless a later date is requested by the developer: a. Certificate of completion by engineer of record. Upon completion of the subdivision improvements, the developer's engineer shall submit a certificate stating that the work was constructed under the engineer's supervision and has been completed in substantial conformance with the approved development plans and in compliance with the requirements of this land development code. b. As -built drawings. One Mylar reproducible and ten copies of as - built drawings, signed and sealed by the engineer of record and surveyor, shall be submitted. C. Testing reports. Copies of all required testing reports shall be submitted. Final inspection report. A final inspec- tion report will be issued noting any discrepancies from the development permit, corrective actions required, and any reinspection fee required. In addi- tion, the report shall review final documentation required for acceptance and issuance of a certificate of occupancy, once any necessary corrections are made. (5) Reinspection. Reinspection may be requested at any time, subject to remit- tance of a reinspection fee when required. Reinspection will be scheduled within three working days and an inspection report issued if necessary. (6) Acceptance of site improvements and issu- ance of certificate of occupancy. a. Upon completion of any corrective actions required upon inspection, site improvements shall be accepted by the city upon the receipt of the following: 1. All required certifications of completion under federal, state, regional and county agency permits. CD101:61 § 101-361 CLERMONT CODE 0 2. Improvement warranty in the amount of ten percent of the cost of construction on any facil- ity to be owned or maintained by the city or other public agency. The improvement war- ranty period shall commence on the date of issuance of the certificate of occupancy of the attendant structure. 3. Construction guarantee in the amount of 110 percent of the estimated construction cost of any uncompleted improve- ments, where allowed by this land development code. 4. Recording of any additional on - site or off -site easements required by any conditioned approval, development order or development permit of this land development code. b. A certificate of occupancy shall be issued upon acceptance of site improvements and compliance with the requirements of this land development code, the development order, development permits and building permits issued. (Code 1998, § 106-15; Code 2008, § 106-15; Ord. No. 281-C, § 1(ch. 11, § 13), 11-8-1994) • CD101:62 • • • Chapter 102 RESERVED CD 102:1 • • • Chapter 103 CONCURRENCY MANAGEMENT Article I. In General Sec. 103-1. Purpose and intent of chapter. Sec. 103-2. Public facilities and services for which concurrency is required. Sec. 103-3. Development subject to concurrency review. Sec. 103-4. Minimum requirements for concurrency. Sec. 103-5. Concurrency administration. Sec. 103-6. Adopted level of service standards. Sec. 103-7. Estimation of demand for proposed development. Sec. 103-8. Concurrency review procedures. Sec. 103-9. Concurrency reservation. Sec. 103-10. Annual report on public facilities capacities and required facili- ties improvements. Sec. 103-11. Intergovernmental coordination. Seca. 103-12-103-40. Reserved. Article H. School Concurrency Sec. 103-41. Concurrency test requirements. Sec. 103-42. School concurrency standards and policies. CD103:1 CONCURRENCY MANAGEMENT § 103-3 0 • • ARTICLE 1. IN GENERAL Sec. 103-1. Purpose and intent of chapter. (a) Concurrency is a finding that the public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. The provisions of this chapter are designed to provide a systematic process for the review and evaluation of all proposed develop- ment for its impact on basic public facilities and services, as required by the Community Plan- ning Act, F.S. § 163.2511 et seq. (b) No final development order shall be granted for a proposed development until there is a finding that all public facilities and services included in this chapter have sufficient capacity at or above their adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted level of service will be in place concurrent with the impacts of the develop- ment, as defined in this chapter. (Code 1998, § 90-1; Code 2008, § 90-1; Ord. No. 281-C, § 1(ch. 4, § 1), 11-8-1994) Sec. 103-2. Public facilities and services for which concurrency is required. The provisions and requirements of this chapter shall apply only to the following public facilities and services: (1) Roads/traffic circulation. (2) Sanitary sewer. (3) Solid waste. (4) Stormwater drainage. (5) Potable water. (6) Recreation and open space. (Code 1998, § 90-2; Code 2008, § 90-2; Ord. No. 281-C, § 1(ch. 4, § 2(A)), 11-8-1994) Sec. 103-3. Development subject to concurrency review. (a) Generally. Unless specifically exempted in this section, all applications for site development plan or subdivision development plan approval, where the individual lots within the subdivision do not require site development plan approval, shall be subject to concurrency review. (b) Vested projects. Projects which have valid development orders or permits prior to November 8, 1994, shall be exempt from concurrency assess- ment. This shall include all vacant single-family, duplex and single-family attached dwelling lots in subdivisions which were platted and recorded prior to November 8, 1994. Residential lots of record, as defined in this land development code, shall also be considered vested for the purposes of this chapter. (c) Minimum threshold. The following develop- ment shall be exempt from the transportation and other applicable components of concurrency review: (1) Residential projects which would result in the creation of one additional single- family homesite; (2) Commercial, institutional or industrial expansions of up to ten percent of the existing gross floor area, providing such expansion is estimated to generate less than 100 vehicle trips per day and create one equivalent residential unit of utility demand or less; and (3) Construction of accessory buildings and structures which do not create additional public facility demand. In no case, however, shall a development order be issued for a minimum threshold project which would impact a public facility for which a moratorium or deferral on development has been placed. (d) Public facilities. Public facilities neces- sary to ensure the protection of the health, safety and general welfare of the citizens of the city shall be exempt from concurrency review. This shall include all public facility construction CD103:3 § 103-3 CLERMONT CODE projects included in the capital improvements program required to meet any adopted level of service standard. (Code 1998, § 90-3; Code 2008, § 90-3; Ord. No. 281-C, § 1(ch. 4, § 2(B)), 11-8-1994) Sec. 103-4. Minimum requirements for concurrency. To ensure that public facilities and services necessary to support development are available concurrent with the impacts of the development, the following standards must be met: (1) The necessary facilities and services are in place at the time a development permit is issued, or a development permit is issued subject to the condition that the necessary facilities and services will be in place by a specified date when the impacts of the development are anticipated to occur; (2) The necessary facilities are under construction at the time a development permit is issued; (3) The necessary facilities and services are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the development permit is issued; (4) The necessary facilities and services have been included in the capital improve- ments program and are programmed for construction prior to or concurrent with the impacts of the proposed develop- ment; (5) In the case of road facilities, the neces- sary improvements are committed in the first three years of the applicable adopted state department of transportation five- year work program, or the county five- year transportation plan; or (6) The necessary facilities and services are guaranteed in an enforceable develop- ment agreement. An enforceable develop- ment agreement may include, but is not limited to, development agreements pursuant to F.S. §§ 163.3220-163.3243, or an agreement or development order issued pursuant to F.S. ch. 380, or any other development agreement entered into between the city and a developer. The agreement must guarantee that the necessary facilities and services will be in place prior to or concurrent with the impacts of the development. (Code 1998, § 90-4; Code 2008, § 90-4; Ord. No. 281-C, § 1(ch. 4, § 2(C)), 11-8-1994) Sec. 103-5. Concurrency administration. The planning and development services depart- ment shall be responsible for the following four primary tasks associated with administration of this chapter: (1) Creating and maintaining an inventory of existing public facilities, capacities or deficiencies; (2) Determining concurrency of minor development applications; (3) Providing advisory concurrency assess- ments and recommending conditions of approval to the city council for major development applications; and (4) Annually reporting the status of all public facilities capacities covered under this chapter to the city council, the city manager and the public. (Code 1998, § 90-5; Code 2008, § 90-5; Ord. No. 281-C, § 1(ch. 4, § 2(D)), 11-8-1994) Sec. 103-6. Adopted level of service standards. (a) Established in city comprehensive plan. The adopted level of service standards for those public facilities for which concurrency is required shall be as established in the city's comprehensive plan, and as follows: (1) Roads l trafc circulation. The standards for roads/traffic circulation are as fol- lows: a. Principal arterials. 1. U.S. 27 (a.k.a. S.R. 25): Level of service C. This is a SIS facility and is mandated by the State Department of • • CD 103:4 CONCURRENCY MANAGEMENT § 103-7 0 • is Transportation as a LOS "C". Level of service C represents stable conditions. However, ability to maneuver and change lanes in mid -block locations may be more restricted than in level of service B, and longer queues or adverse travel speeds of about 50 percent of the aver- age free flow speed for the arterial class exist. Motorists will experience an appreciable tension while driving. 2. State Road 50 (a.k.a. Highway 50): Level of Service D. Level of service D borders on a range in which small increases in flow may cause substantial increases in approach delay and, hence, decreases in arte- rial speed. This may be due to adverse signal progression, inappropriate signal timing, high volumes, or some combina- tion of these. Average travel speeds are about 40 percent of free flow speed. b. Minor arterials: Level of service D, as stated in subsection (01)a.2 of this section. C. Local collectors: Level of service D, as stated in subsection (01)a.2 of this section. d. The FSUTMS (Florida Standard Urban Transportation Modeling System) and the standard state department of transportation methods for evaluation of level of service and capacity shall be used, subject to modifications based on travel speed studies. (2) Sanitary sewer. The standard for sanitary sewer is 77.5 gallons per capita, per day. (3) Solid waste. The standard for solid waste is collection of up to 6.63 pounds per capita, per day. (4) Stormwater drainage. The standard for stormwater drainage is the ten-year, two- hour storm event (pre- and post -develop- ment discharge volume design at 50-year, 24-hour storm event; Florida Administra- tive Code Rule 40C-42 for OFW waters; and Florida Administrative Code Rules 40C-4 and 40C-40 (F.A.C. chs. 40C-4 and 40C-40) for closed basins, where applicable). (5) Potable water. The standard for potable water is 220 gallons per capita, per day. (6) Recreation/open space. The standards for recreation/open space are as follows: Facility Standard Park acreage (active/pas- sive) 10 acres per 1,000 Baseball/softball field 1 per 2,000 Basketball court 1 per 3,600 Football/soccer field 1 per 7,000 Equipped play area 1 per 3,000 18-hole golf course 1 per 25,000 Recreational building 1 per 15,000 Racquetball court 1 per 15,000 Shuffleboard court 1 per 5,000 Swimming Pool 1 per 35,000 Tennis court 1 per 2,000 Volleyball court 1 per 6,000 (b) Degradation during construction. Notwithstanding subsection (a) of this section, the prescribed levels of service may be degraded during construction of new facilities, if upon completion of the new facilities the prescribed level of service will be met. (Code 1998, § 90-6; Code 2008, § 90-6; Ord. No. 281-C, § 1(ch. 4, § 3), 11-8-1994; Ord. No. 360-C, § 2(90-6), 8-12-2008; Ord. No. 2011-03-C, § 2, 7-12-2011) Sec. 103-7. Estimation of demand for proposed development. (a) Roads/traffic circulation. (1) Traffic analysis required. All new develop- ments, including, but not limited to, rezon- ings and conditional use permits, shall be required to submit a traffic analysis or transportation impact study (TIS) prepared at the applicant's expense by a qualified transportation consultant. The CD103:5 § 103-7 CLERMONT CODE applicant shall be responsible for all costs associated with review of the traffic impact analysis by the city's independent professional transportation consultant. The transportation impact study (TIS) is composed of three levels and shall follow the Lake -Sumter MPO Traffic Impact Study Methodology and Guidelines, dated 2017 and as amended: a. Tier 1 TIS: Less than 100 peak hour two-way net new trips. b. Tier 2 TIS: 100 or more peak hour two-way net new trips. C. Tier 3 TIS: Projects that generate 5,000 or more average daily traffic (ADT). (2) Identity and submission of development. The TIS shall identify the development's impact on the city's transportation system using methodology as approved by the city. The city may also require the submis- sion of a traffic analysis for develop- ments whose site location, anticipated total trip generation, circulation pat- terns or other such factors warrant a more extensive review of traffic impacts. (b) Sanitary sewer. The following generation standards shall be used to estimate the sanitary sewer demand of a proposed development: (1) Residential developments. The standard for residential developments is 188 gal- lons per equivalent residential unit, per day. (2) Commercial, institutional and industrial developments. Demand for commercial, institutional and industrial develop- ments shall be estimated based upon the city impact fee, chapter 111, in the form of equivalent residential units by develop- ment type. These types of developments shall also provide the city with a descrip- tion and estimate of wastewater genera- tion created by any special processes which will be discharged into the city's system. (c) Solid waste. (1) Generation standards. The following standards shall be used to estimate the volume of solid waste anticipated to be generated by a proposed development: a. Residential developments. The standard for residential develop- ments is 16 pounds per equivalent residential unit, per day. b. Commercial, institutional and industrial developments. Develop- ers shall be required to provide the city with a description and estimate of tonnage of solid waste to be gener- ated. (2) Hazardous waste. Commercial, institutional and industrial develop- ments which are potential hazardous waste generators shall be responsible for coordinating with the county for disposal of such waste. Written approval must be obtained from the county and submitted to the city that the hazardous waste to be generated by the proposed development can be accommodated at the county's landfill or directed to an alternative licensed disposal facility. (d) Stormwater drainage. A stormwater drain- age plan based on the Stormwater management requirements of this land development code shall be prepared for all developments. Such plans shall incorporate the level of service design storm and shall be approved as meeting such standard. (e) Potable water. (1) The following use standards shall be used to estimate the potable water needs of proposed developments: Land Use Use Standard Residential 220 gallons per day per capita Commercial Institutional Industrial • • CD103:6 CONCURRENCY MANAGEMENT § 103-8 *Shall be estimated based upon city concurrency findings. Such requests for concur - impact fee, chapter 111, in the form rency review shall require the submission of a of equivalent residential units by review fee. development type. (b) Application. All development applications (2) Additionally, commercial, institutional and subject to concurrency review as required by this industrial developments shall provide the chapter shall include a completed concurrency city with a description and estimate of review form containing the following informa- water use needs for any special processes tion: involving potable water. (1) Traffic impact study (when required). M Recreation and open space. (2) Description and estimate of water use needs. (1) Residential developments. Recreational impacts of proposed residential develop- (3) Description and estimate of wastewater ments shall be based on the anticipated generation. total number of persons residing in the (4) Description and estimate of solid waste development, calculated by using the generation. population figures per dwelling unit as (5) Stormwater drainage calculations. follows: (6) Other information required by the plan - Unit Type Number Per Unit ning and development services depart - Single -family 2.42 ment to conduct a complete and accurate (2) Commercial, institutional and industrial review. Review and approval of a proposed developments. Commercial, institutional and industrial developments shall not be development may be postponed for a reasonable time period in order for assessed as having an impact on required information to be assembled. recreational facilities. The city may, Failure of the applicant to provide however, require the provision of adequate information on the anticipated recreational facilities as part of planned project impacts in a timely fashion, unit developments and developments of however, shall constitute sufficient regional impact. grounds to deny the project. (Code 1998, § 90-7; Code 2008, § 90-7; Ord. No. (c) Establishment of existing conditions and 281-C, § 1(ch. 4, § 4), 11-8-1994; Ord. No. 290-C, project impact assessment. § I, 10-27-1998; Ord. No. 360-C, § 2(90-7), 8-12- 2008; Ord. No. 2020-33, § 2, 10-27-2020) (1) To conduct its assessment of the anticipated impacts of a proposed develop- ment on public facilities, the city shall Sec. 103-8. c review use its inventory of public facilities capaci- pro dures.y procedures. ties as a base for the establishment of (a) Generally. The planning and development existing conditions. services department shall be responsible for (2) Using its own information and that sup - conducting all concurrency reviews as required plied by the applicant in compliance with by this chapter. Concurrency review shall be subsection (b) of this section, the city initiated upon receipt of a completed concur- shall calculate the anticipated impacts of rency review form provided by the city, a proposed development for all applicable accompanied by the appropriate fee. The plan- public facilities listed in section 103-2. ning and development services department may The impacts of the proposed develop - also conduct concurrency reviews for develop- ment shall then be assessed against the ments in the preapplication or conceptual develop- existing conditions established pursuant ment plan stage, and issue a nonbinding letter of to subsection (c)(1) of this section. CD103:7 § 103-8 CLERMONT CODE (d) Phased development. Public facility improvements associated with a phased develop- ment may likewise be phased, provided that all public facility improvements necessary to accom- modate the impacts of the entire development are to be provided and a schedule established for their construction prior to the issuance of a building permit. The schedule of facility improve- ments shall ensure that all facility improve- ments necessary to accommodate the impacts of the development, or portion thereof, for which a certificate of occupancy has been applied shall be in place prior to the issuance of the certificate. Under no circumstances shall the final certificate of occupancy be issued for a project unless all required facility improvements required by the development order or development agreement have been completed. (e) Development agreements. It is the city's policy to provide the necessary infrastructure to meet minimum level of service standards in a timely fashion and in accordance with improve- ments scheduled in the capital improvements element. If the minimum requirements for concur- rency as outlined in section 103-4(1) through (5) cannot be met, concurrency may be achieved by guaranteeing necessary facility improvements in an enforceable development agreement, as permit- ted by section 103-4(6). The development agree- ment may include guarantees to construct required facility improvements, or to provide funds equivalent to the cost of providing such facility improvements. (f) Concurrency findings. Upon the conclusion of the concurrency review, the city shall prepare a written set of findings concerning the proposed development. These findings shall include, but are not limited to: (1) The anticipated public facility impacts of the proposed development; (2) The ability of existing facilities to accom- modate the proposed development at the adopted level of service standards; (3) Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development; (4) The facility improvements or additions necessary to accommodate the impact of the proposed development at the adopted level of service standard and the entity responsible for the design and installa- tion of all required facility improvements or additions; and (5) The date such facility improvements or additions will need to be completed to be concurrent with the impacts on such facility created by the proposed develop- ment. (Code 1998, § 90-8; Code 2008, § 90-8; Ord. No. 281-C, § 1(ch. 4, § 5), 11-8-1994) Sec. 103-9. Concurrency reservation. (a) Capacity encumbrance and reservation. (1) If the concurrency findings pursuant to section 103-84) reveal that the capacity of public facilities is equal to or greater than that required to maintain the adopted level of service for the facilities, the planning and development services department shall reserve, or recommend to the city council the reservation of, public facility capacity necessary for the proposed development. Capacity encumbrance and reservations shall be made on a first come, first served basis, based upon positive finding of a concur- rency evaluation subsequent to the date of project approval by the staff site review committee, the planning and develop- ment services department or the city council, as applicable. Capacity shall not be reserved except in conjunction with a concurrency encumbrance letter and shall be valid only for the specific land uses, densities, intensities and construction and improvement schedules contained in the development order and any applicable development agreements for the property. A finding of concurrency shall allow reservation of public facility capacity for a period of one to three years, including planned unit developments and planned commercial developments, however, capac- ity reservations for concurrency shall expire if the underlying development order • is CD 103:8 CONCURRENCY MANAGEMENT § 103-10 0 �J or development agreement expires or is revoked. Capacity reservation shall be accompanied by a fee as established by resolution of the city council and on file in the city clerk's office. (2) A concurrency evaluation is required for all new development and redevelopment that has an impact on the level of service of public facilities and services. The latest point in the review process in which the evaluation is required is at the applica- tion for building permits. (3) If proposed construction or development plans require a concurrency evaluation, a project will be required to obtain a concurrency encumbrance letter before building plans will be accepted. A concur- rency encumbrance letter shall be valid for a period of 90 days from the date of the letter, referred to as the encumbrance period, and shall expire at the end of the encumbrance period unless the applicant obtains a capacity reservation certificate or is issued a building permit during the encumbrance period. (4) Applications for concurrency evaluation, including capacity verification which does not guarantee capacity, and concurrency encumbrance shall be accompanied with a fee, which shall be set by resolution of the city council and on file in the city clerk's office. (b) Development moratoriums. If, at any time, the city's inventory of public facilities capacities indicates that a public facility has dropped below its adopted level of service, then the city shall cease to issue development orders for projects which would impact the deficient facility or area of facility operations, as defined within this chapter. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted level of service standard is reestablished or the comprehensive plan is amended to reflect a lower acceptable community standard for the facility in question. (c) Concurrency denials. If the city's concur- rency review reveals that the proposed develop- ment would generate public facility impacts beyond that which can be absorbed by available capacity, the city shall ensure that there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency will be in place concur- rent with the impacts of the proposed develop- ment. Should the city or a developer be unable to provide such assurances, the project shall be denied. Projects denied due to failure to meet requirements, but for which all other land develop- ment requirements have been met, shall be placed on a prioritized list for approval of develop- ment orders once facility improvements have been made. (d) Capacity reservation for public purpose. The city may reserve capacity for a particular land area or specific land use, providing such reservation is in accordance with a specific development or redevelopment strategy identi- fied in the comprehensive plan which serves an overriding public purpose. This would include such community development objectives as provid- ing affordable housing or diversification of the tax base. Any such capacity reservation shall be noted in the annual report on public facilities and capacities made available to the city council and the public each October as required by section 103-10. (Code 1998, § 90-9; Code 2008, § 90-9; Ord. No. 281-C, § 1(ch. 4, § 6), 11-8-1994) Sec. 103-10. Annual report on public facilities capacities and required facilities improve- ments. The planning and development services depart- ment, the department of public services and the city engineer shall regularly monitor the cumula- tive effect of all approved development orders and development permits on the capacity of public facilities. Commencing October 1992, and on each October thereafter, the planning and development services department shall prepare and present to the city council and the public a report on the public facilities capacities and level of service inventory for concurrency manage- ment. This report shall include the degree of any facility deficiencies and a summary of the impacts the deficiency will have on the approval of future CD103:9 § 103-10 CLERMONT CODE development orders. The department shall then recommend a schedule of improvements neces- sary to prevent a deferral or moratorium on the issuance of development orders. (Code 1998, § 90-10; Code 2008, § 90-10; Ord. No. 281-C, § 1(ch. 4, § 7), 11-8-1994) Sec. 103-11. Intergovernmental coordina- tion. (a) Intergovernmental communication. The city shall regularly transmit to adjacent municipali- ties and the county notice of all pending develop- ment applications for which concurrency assessments are being conducted. (b) Developments of multi jurisdiction impact. Developments which would impact a public facil- ity in one or more adjacent municipalities shall be subject to an intergovernmental review for concurrency. This review shall be conducted by designated officials from the affected municipali- ties. (c) Urban service area agreements. Provisions consistent with the purpose and intent of this chapter shall be included in all interlocal agree- ments executed after the effective date of the ordinance from which this land development code is derived to which the city is a party. (Code 1998, § 90-11; Code 2008, § 90-11; Ord. No. 281-C, § 1(ch. 4, § 8), 11-8-1994) Secs. 103-12-103-40. Reserved. ARTICLE II. SCHOOL CONCURRENCY Sec. 103-41. Concurrency test require- ments. For development that requires one or more public facilities which are provided by entities other than the city, the city shall condition the issuance of any final development order for the same parcel on the availability of such public facilities (see section 103-42). (Code 2008, § 90-30; Ord. No. 364-C, § 2, 2-24- 2009) Sec. 103-42. School concurrency standards and policies. (a) It is the intent of this article to implement the goals, objectives, policies and standards of the city comprehensive plan, as amended, and particularly, the public school facilities element and to implement the interlocal agreement between the county, the county school board and municipalities for school facilities planning and siting (hereafter referred to as the "agreement"). (b) Unless otherwise provided herein, this article shall apply to all development orders with any residential component and any amendment to an existing development order to the extent that the student generation is increased above what was previously approved, or any other official action of the city having the effect of permitting residential development of land. The following residential uses shall be considered exempt from the requirements of school concur- rency (unless the development approval for such use required it to meet school concurrency). (1) Single-family lots having received final plat approval prior to the effective date of the ordinance from which this article derives or other lots which the city has determined are vested based on statu- tory or common law vesting. (2) Multifamily residential development having received final site plan approval prior to the effective date of the ordinance from which this article derives or other multifamily residential development which the city has determined is vested based on statutory or common law vest- ing. (3) Amendments to residential development approvals issued prior to the effective date of the ordinance from which this article derives, which do not increase the number of residential units or change the type of residential units proposed. (4) Age restricted communities (as defined in this article) that are subject to deed restrictions prohibiting the permanent occupancy of residents under the age of • • CD103:10 CONCURRENCY MANAGEMENT § 103-42 0 • 18 years. Such deed restrictions must be recorded and must be irrevocable for a period of at least 50 years. (5) Plats or residential site plans which include four or less units. For purposes of this section, a property owner may not divide the owner's property into several developments in order to claim exemp- tion as allowed by this section. In making a determination as to whether a property is exempt under this section, the city shall consider in addition to the owner- ship at the time of the application the ownership as of the date of the adoption of this agreement. (c) To ensure the capacity of schools is suf- ficient to support student growth at the adopted level of service for each year of the five-year planning period and through the long-term plan- ning period, after June 1, 2008, the following level of service standard shall be established for all schools of each type within each CSA and each individual school: (1) Elementary: 100 percent of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to 125 percent of FISH capacity by adding seats located in temporary student sta- tions so long as the total capacity does not exceed core dining capacity. (2) Middle: 100 percent of permanent FISH capacity. If core dining capacity is avail- able in excess of FISH capacity, the school capacity shall be increased up to 125 percent of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity. (3) High: 100 percent of permanent FISH capacity. If core dining capacity is avail- able in excess of FISH capacity, the school capacity shall be increased up to 125 percent of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity. a. For purposes of subsections (c)(1) and (2) of this section and this subsection (c)(3), nonconversion charter schools shall be counted as FISH capacity if an agreement has been entered between the charter school and the school board which requires the school facility to be constructed in accordance with the state department of education standards for public schools; which provides that the school facility will be provided to the school board for its use if the charter school fails to operate satisfactorily; and, which provides that if there are financing arrangements for the school, the school board will be able to operate the school without having to be responsible for such financing costs or that the school board is willing and able to accept responsibility for such costs. b. For purposes of subsections (c)(1) and (2) of this section and this subsection (c)(3), a developer financed public school shall be counted as FISH capacity if an agree- ment has been entered between the developer and the school board which requires the school facility to be constructed in accordance with the state department of education standards for public schools; which requires that the developer transfer the school facility to the school board upon its completion; and, which provides that if there are financing arrangements for the school, the school board will be able to operate the school without having to be responsible for such financing costs or that the school board is willing and able to accept responsibility for such costs. (d) The following procedures will be utilized to obtain a school concurrency determination from the county school board and to allow for mitigation if a development proposal is determined not to be in compliance. CD103:11 § 103-42 CLERMONT CODE (e) A completed application provided by and delivered to the county school board must be submitted concurrent with a final development order by an applicant proposing residential development. The application at a minimum shall include the following information: (1) Proposed development name. (2) Application type. (3) Intake date. (4) Signature of agent. (5) Number of residential units broken down by unit type. (6) Property deed. (7) Consent form. (8) Phasing plan (if applicable). (9) Site plan. (10) Survey. (11) Justification statement. (12) Location map. (f) Within three days of submitting to the school board, the applicant must present a copy of the application to the city. The city shall provide a determination of authenticity to the school board within three days of receiving the application. (g) The school board shall review the applica- tion in accordance with the provisions of section 5.5.2 of the agreement and base the concurrency determination on standards outlined in section 5.5.3 of the agreement. (h) No development order shall be approved unless a letter of determination of concurrency has been issued by the school board finding the development in compliance. (i) Once the school board has reviewed the application it shall issue a letter of determina- tion of concurrency within 30 days if the impact of the proposed developments student growth does not cause the adopted level of service to be exceeded. 0) If the development is not in compliance, the letter of determination of concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity to enter into a 90-day negotiation period in accordance with the provisions of section 5.6 of the agreement. (k) During the 90-day negotiation period the applicant shall meet with the school board in an effort to mitigate the impact from the develop- ment. (1) Mitigation shall be limited to those options which the school board recognizes and assumes the responsibility to operate and which will maintain the adopted level of service standards for the first five years from receipt of the school boards letter of determination of concur- rency. (2) The city shall have the opportunity to review the mitigation options. (3) The city council shall approve all proportionate share agreement. (1) If mitigation is not agreed to, the letter of determination of concurrency shall detail why mitigation proposals were rejected and detail why the development is not in compliance. In this case, no development order shall be issued. (m) If the school board and the applicant agree to mitigation, the letter of determination of concurrency shall be issued based on the agreed mitigation measures and an agreement between the school board, the city and the applicant. (n) A letter of determination for school concur- rency, finding the development in compliance, issued by the school board shall be valid for one year from the date of issuance unless extended by the school board. Once the development order is issued, the concurrency determination shall run with the development order. (o) If the letter of determination of concur- rency requires conditions or mitigation to be placed on the development, the development order issued by the city shall incorporate condi- tions as set forth by the school board. • Ll is CD103:12 CONCURRENCY MANAGEMENT § 103-42 0 • (p) If the letter of determination of concur- rency requires the development to be phased to school construction or other mitigation, the condi- tions of approval of the development order shall reflect the phasing requirements by withholding subsequent development orders for building permits. (q) In no case shall a development order be issued unless provisions are made through condi- tions of approval or by agreement between the school board, the city and the applicant to provide performance security when required. (r) An adequate public facilities determina- tion is an analysis of the assigned school facility capacities for a residential development. It is not binding and does not reserve or encumber capac- ity. The Adequate Public Facilities Determina- tion is obtained from county school board at the start of the development process. This review shall be performed at the initial development order stage and is used to determine if there are adequate public facilities/schools to serve the future residential development. (s) School concurrency is based on service areas and shall be reserved for the residential development to determine if school capacity is available or will be made available concurrent with the impact of the development. A capacity reservation shall be required prior to formal approval of the subdivision final plat and/or formal site plan approval for all development orders with any residential component and not considered exempt from the requirements of school concurrency. (Code 2008, § 90-31; Ord. No. 364-C, § 2, 2-24- 2009; Ord. No. 2020-28, § 2, 7-28-2020) CD103:13 • • C� Chapter 104 RESERVED CD 104:1 • Chapter 105 ENVIRONMENT AND NATURAL RESOURCE PROTECTION Article I. In General Secs. 105-1-105-18. Reserved. Article II. Wellfield and Aquifer Protection Sec. 105-19. Purpose and intent of article. Sec. 105-20. Scope of article. Sec. 105-21. Variances. Sec. 105-22. Appeals, enforcement and penalties. Sec. 105-23. Establishment of well field protection zones. Sec. 105-24. Prohibited uses and structures in well field protection zones. Sec. 105-25. Protection of future public water supply wells. Sec. 105-26. Exemptions. Sec. 105-27. Groundwater recharge areas aquifer protection standards. Sec. 105-28. Standards for development involving handling, generation or storage of hazardous waste. Sec. 105-29. Containment standards for hazardous substances. Sec. 105-30. Hazardous substance inspection program. Sec. 105-31. List of regulated substances. Seca. 105-32-105-50. Reserved. Article M. Clearing, Grading and Stormwater Management Division 1. Generally Sec. 105-51. Purpose and scope of article. Secs. 105-52-105-75. Reserved. Division 2. Clearing and Grading Sec. 105-76. Purpose of division. Sec. 105-77. Violations; enforcement. Sec. 105-78. Permit required for modification of grade. Sec. 105-79. Grading plans. Sec. 105-80. Clearing and grading review criteria. Sec. 105-81. Work under approved development plan; grading and construc- tion standards. Sec. 105-82. Exemptions and exceptions from grading requirements. Sec. 105-83. Issuance of permit; validity; expiration; suspension or revoca- tion. Sec. 105-84. Required soil conservation measures. Sec. 105-85. Burying of material prohibited. Secs. 105-86-105-113. Reserved. Division 3. Stormwater Management Sec. 105-114. Purpose and intent of division; general criteria for improve- ments. Sec. 105-115. Permit required for certain development activities. Sec. 105-116. Exemptions. Sec. 105-117. Application for permit; determination of exemption. Sec. 105-118. Performance, review and design standards. Sec. 105-119. Issuance or denial of permit. CD105:1 CLERMONT CODE 0 Sec. 105-120. Maintenance of installed systems. Sec. 105-121. Enforcement. Sec. 105-122. Emergency work. • • CD105:2 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-21 ARTICLE I. IN GENERAL requirements may be granted, provided it is the minimum necessary to alleviate such undue Secs. 105-1-105-18. Reserved. hardship for the person and to the extent such variance can be granted without impairing the intent and purpose of this article. ARTICLE II. WELLFIELD AND AQUIFER PROTECTION (c) Request for exemption. Any person subject to the prohibitions set out in sections 105-24 and Sec. 105-19. Purpose and intent of article. 105-28 may apply to the city board of adjustment for a variance. The intent and purpose of this article is to protect and safeguard the health, safety and (d) Application; fee. The application for a vari- welfare of the citizens of the city by providing ance shall be in writing and shall include the criteria for restricting deleterious substances provision of the following information to the city and contaminants, and for regulating the design, administrative official and shall be accompanied location and operation of development and land by such fee as set by resolution of the city council use activities which may impair existing and and on file in the city clerk's office: future public water supply wells. The provisions (1) The petitioner's name and address. of the article shall apply to all public wells supplying potable water by public utilities. For (2) The specific provision from which the purposes of this article, the term "public supply petitioner is requesting a variance. well" means a community or noncommunity system for the provision to the public of piped (3) A detailed statement of the facts which water, provided that such system has at least 15 the petitioner believes demonstrates that service connections or regularly serves at least the request qualifies for variance under 25 individuals daily at least 60 days out of the subsection (e) of this section. year. (4) A description of the variance described. (Code 1998, § 94-131; Code 2008, § 94-131; Ord. No. 281-C, § 1(ch. 9, art. III, § 1), 11-8-1994) (5) The period of time for which the variance is sought, including the reasons and facts Sec. 105-20. Scope of article. in support thereof. The regulations set forth in this article shall (6) The damage or harm resulting or which apply to all areas surrounding a well field and may result to the petitioner from compli- the designated well field protection zones and ance with the provision. other areas of the city as provided in this article. (7) The steps which the petitioner is taking (Code 1998, § 94-132; Code 2008, § 94-132; Ord. to meet the provisions from which the No. 281-C, § 1(ch. 9, art. III, § 2), 11-8-1994) variance is sought and when compliance Sec. 105-21. Variances. could be achieved. (8) Other relevant information the petitioner (a) Prohibited variances. No variance to this believes supports the petition for vari- article will be considered where the action or ante. requirement in question clearly is derived from the actions or requirements of federal, state or (9) A concise statement detailing the regional agencies as part of their permitting circumstances which the applicant feels processes. demonstrate the need for a variance. (b) Permitted variances. When finding that (10) A description of the mechanisms that compliance with any of the requirements of this will be utilized to meet the criteria article would result in undue hardship for any required for issuance of the variance as person, a variance from any one or more of such set out in subsection (e)(3) of this section. CD105:3 § 105-21 CLERMONT CODE (11) A written verification by a qualified state professional engineer and state certified hydrogeologist that the proposed use or activity will not result in adverse impacts to the protected well field potable water supply. (12) A written agreement to indemnify and hold the city harmless from any and all claims, liabilities, causes of action or damages arising out of the issuance of the variance. The city shall provide reasonable notice to the permittee of any such claim. (e) Review procedure; criteria for issuance. (1) (2) (3) Request for recommendations. Upon receipt of an adequately completed request for a variance, the city administrative official or designee shall request the fol- lowing from the city planning director, the public services director and such other city, county, regional and state agencies as deemed necessary: a written recommendation for issuance, issuance with applicable conditions, or denial. Scheduling of hearing. Upon receipt of an adequately completed variance request, the city administrative official or designee shall schedule the request for a variance at a regularly scheduled city council meet- ing. Criteria for issuance. The city council shall grant a variance if the person apply- ing for the variance demonstrates that adequate technology exists to isolate the facility or land use from the potable water supply within the zone of protec- tion as defined in section 105-23, wherein the proposed facility or land use would be located. At a minimum, the following issues shall be addressed: a. Substance inventory; b. Containment; C. Emergency collection devices; d. Emergency plan; e. Daily monitoring; f. Equipment maintenance; g. Reporting of spills; h. Potable water well monitoring; i. Alterations and expansions; j. Reconstruction after catastrophe (fire, vandalism, flood, explosion, collapse, wind, war or other catastrophe); and k. Other issues as applicable to groundwater protection. All costs associated with providing protec- tive measures as referenced in this subsec- tion shall be borne by the applicant. (f) Revocation or revision. Any variance granted by the city council pursuant to this article shall be subject to revocation or revision by the city council for violation of any condition of the variance, after issuance of a written notice of intent to revoke or revise, delivered by certified mail (return receipt requested) or hand delivery. Upon revocation or revision, the activity will immediately be subject to the enforcement provi- sions of this land development code. (g) Compliance with other requirements. Any variance granted by the city council pursuant to this article shall not relieve the permittee of the obligation to comply with any other applicable federal, state, regional or local regulation, rule, ordinance or requirement, nor shall the exemp- tion relieve any permittee of any liability for violation of such regulations, rules, ordinances or requirements. (h) Compliance with new regulations. Upon adoption of any amendment to this article or any regulation that supersedes this article, the vari- ance shall be subject to the newly adopted regulations. (Code 1998, § 94-133; Code 2008, § 94-133; Ord. No. 281-C, § 1(ch. 9, art. III, § 13), 11-8-1994) Sec. 105-22. Appeals, enforcement and penalties. (a) Enforcement, penalties, appeals and remedies of matters related to this article shall be regulated pursuant to procedures established in this land development code. • CD 105:4 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-24 0 • (b) Each person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act in violation of this article, whether individually or in connection with one or more persons, or as a principal, agent or accessory, shall be subject to prosecution as provided by law. (c) Each day that a violation of this article is continued or permitted to exist without compli- ance shall constitute a separate offense. (d) No development orders, site plan approv- als, building permits, local business tax receipt, zoning compliances or certificates of occupancy shall be issued to any violator of this article for a subject in violation until such violation of this article has been properly abated to the satisfac- tion of the city. (e) Notwithstanding any other penalty provi- sions set forth in this section, the city may file an action for injunctive relief, including a manda- tory injunction, in the circuit court of the county in order to prevent any violation of this article and the land development code. (Code 1998, § 94-134; Code 2008, § 94-134; Ord. No. 281-C, § 1(ch. 9, art. III, § 14), 11-8-1994) Sec. 105-23. Establishment of well field protection zones. The city has adopted well field protection zones as portrayed by the adopted city comprehensive plan. These zones show the geographic extent of the zones as delineated on maps as now or hereafter updated and supplemented and which are on file with the city. This article shall provide for rules of interpreta- tion for buildings or lots lying wholly or partially in a particular well field protection zone. The well field protection zones are as follows: (1) Primary well field protection zone. The land area immediately surrounding any potable water supply well and extending a radial distance of 300 feet from the well. (2) Secondary well Feld protection zone. The land area surrounding the primary well field protection zone and defined by a radial distance of 1,000 feet from the well defining the primary well field protection zone. (Code 1998, § 94-135; Code 2008, § 94-135; Ord. No. 281-C, § 1(ch. 9, art. III, § 3), 11-8-1994) Sec. 105-24. Prohibited uses and structures in well field protection zones. (a) Any nonresidential land use which stores, handles, produces or uses any regulated substances, as defined in: (1) 40 CFR part 261, Identification and List- ing of Hazardous Wastes; (2) 40 CFR 302.4, Designation of Hazardous Substances; (3) 40 CFR part 355, appendix A and B, The List of Extremely Hazardous Substances and Their Threshold Planning Quanti- ties; and (4) 49 CFR 172.101 and 172.102, is prohibited within well field protection zones except as exempted pursuant to section 105-26. (b) The following uses or structures are also prohibited within regulated areas: (1) The location of septic systems within 300 feet of a public water supply well, unless otherwise approved by the city, the state department of environmental protection and the state department of health; (2) The location of stormwater wet retention or detention areas, as defined by the St. Johns River Water Management District, within 300 feet of a public water supply well, unless otherwise approved by the city and the St. Johns River Water Management District; (3) The location of wastewater treatment plant effluent discharges, including, but not limited to, percolation ponds, surface water discharge, spray irrigation or drain - fields, within 500 feet of a public water supply well, unless otherwise approved by the city and the state department of environmental protection; CD105:5 § 105-24 CLERMONT CODE (4) The location of a landfill or collection center within 500 feet of a public water supply well; (5) The location of feedlots or other concentrated animal facilities within 500 feet of a public water supply well; (6) The location of underground or aboveg- round stationary tanks containing regulated substances, including fuel stor- age tanks, within 500 feet of a public water supply well; and (7) The location of mining or excavation of waterways or drainage facilities which intersect the water table within 1,000 feet of a public water supply well, unless otherwise approved by the city and the St. Johns River Water Management District. (Code 1998, § 94-136; Code 2008, § 94-136; Ord. No. 281-C, § 1(ch. 9, art. III, § 4), 11-8-1994) Sec. 105-25. Protection of future public water supply wells. The prohibitions and restrictions set forth in this article, and any regulations promulgated pursuant thereto, shall apply to any future public water supply well sites adopted by the city council by ordinance; provided, however, that the restrictions shall not apply to residential or nonresidential land uses that have received development approval prior to the effective date of the ordinance from which this article is derived. (Code 1998, § 94-137; Code 2008, § 94-137; Ord. No. 281-C, § 1(ch. 9, art. III, § 5), 11-8-1994) Sec. 105-26. Exemptions. (a) Activities and land uses exempted. The following activities or land uses shall be exempt from the regulated area prohibitions set forth in section 105-24: (1) Public potable water facilities. Public potable water facilities shall be exempt regarding the routine operation and maintenance of potable water systems. This exemption does not apply to land uses involving the maintenance and refueling of vehicles or the storage of regulated substances. (2) Continuous transit and deliveries. The transportation of any regulated substance through regulated areas shall be exempt, provided the regulated substances are not being stored, handled, produced or used within the regulated area in viola- tion of this article. The delivery of regulated substances to nonresidential land uses that have received final develop- ment approval prior to the effective date of the ordinance from which this article is derived shall be exempt, provided that these land uses require such substances for the continued operation and maintenance of the land uses as approved. (3) Vehicle fuel and lubricant use. The use in a vehicle of any regulated substance, solely as operating fuel in that vehicle or as lubricant in that vehicle, shall be exempt. (4) Application of pesticides, herbicides, fungicides and rodenticides. The applica- tion of those regulated substances used as pesticides, herbicides, fungicides and rodenticides in recreation, agriculture, pest control and aquatic weed control activities shall be exempt, provided that: a. In all regulated areas, the applica- tion is in strict conformity with the use requirement as set forth in the U.S. Environmental Protection Agency registries for substances and as indicated on the containers in which the substances are sold; and b. In all regulated areas, the applica- tion is in strict conformity with the requirements as set forth in F.A.C. chs. 5E-2 and 5E-9. This exemption applies only to the application of pesticides, herbicides, fungicides and rodenticides. (5) Use of fertilizers containing nitrogen. The use of fertilizers containing any form of nitrogen shall be exempt, provided that: a. For nonresidential recreation areas, including private golf courses, the • is CD105:6 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-26 0 application of nitrogen -containing materials shall be in accordance with the manufacturer's directions or recommendations of the county agricultural extension agent; provided, however, the amount of fertilizer applied shall not exceed 40 pounds of nitrogen per acre per month average for the total area or two pounds per 1,000 square feet per month on any localized area within the activity. The amount of applied fertilizer shall not exceed 200 pounds of nitrogen per acre per year. b. For agricultural areas, the applica- tion of nitrogen -containing materi- als shall be in accordance with the manufacturer's directions or recom- mendations of the county agricultural extension agent. C. For nonresidential landscape areas, the application of nitrogen -contain- ing materials shall be in accordance with the manufacturer's directions or the recommendations of the county agricultural extension agent or on areas of 10,000 square feet or less. (6) Existing retail sale and wholesale activi- ties. Retail sale and wholesale establish- ments in regulated areas shall be exempt, provided that such establishments only store and handle regulated substances for resale in their original unopened containers. (7) Office uses. Regulated substances for the maintenance and cleaning of office build- ings and regulated substances associated with office equipment such as copiers or blueprint machines shall not be allowed on site in quantities greater than the quantities exempted in subsection (b) of this section. (8) Approved nonresidential activities. The following nonresidential activities are exempted: a. Nonresidential land uses existing as of the effective date of the ordinance from which this article is derived, which have received final site plan, subdivision or similar development approval and building permits. b. Nonresidential land uses existing as of the effective date of the ordinance from which this article is derived, which have received a local business tax receipt or similar forms of annual development approval and which do not require site plan, subdivision or similar development approval and building permits. For the purposes of this exemption, renewal of annual development approval shall also be exempt; provided, however, that there are no expansions, modifications or altera- tions that would increase the stor- age, handling, production or use of the regulated substance. (b) Nonresidential land uses exempted. Only those nonresidential land uses which store, handle, produce or use the following quantities of regulated substances shall be exempt from the regulated area prohibition set out in section 105-24: (1) Whenever the aggregate sum of all quanti- ties of any one regulated substance for any one nonresidential activity at a given facility, building or property at any one time does not exceed six gallons where the substance is a liquid, or 25 pounds where the substance is a solid. (2) Whenever the aggregate sum of all regulated substances for any one nonresidential activity at one facility, building or property at any one time does not exceed 100 gallons if the substances are liquids, or 500 pounds if the substances are solids, and the aggregate sum of all quantities of any one regulated substance does not exceed the reference limits in subsection (b)(1) of this section. Any facility or building which stores, handles, produces or uses more than 100 pounds of liquid regulated substances or 500 CD105:7 § 105-26 CLERMONT CODE pounds of solid regulated substances shall be designed to prevent contamination of well fields in case of accidents, ruptures or leaks. (3) Where regulated substances are dis- solved in or mixed with other nonregu- lated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this article. The actual quantity of the regulated substance pres- ent shall be the total quantity of the original unopened container, regardless of concentration or purity. (Code 1998, § 94-138; Code 2008, § 94-138; Ord. No. 281-C, § 1(ch. 9, art. III, § 6), 11-8-1994) Sec. 105-27. Groundwater recharge areas aquifer protection standards. (a) Purpose and intent. The purpose of this section is to restrict activities known to adversely affect the quality of surface water and groundwater within the city. It is the intent of this section to prohibit large quantity generators of hazardous wastes within the high or prime recharge areas. (b) Large quantity generators of hazardous waste prohibited. Large quantity generators of hazardous waste as designated by the U.S. Environmental Protection Agency and the state department of environmental protection shall be prohibited within high or prime groundwater recharge areas. (Code 1998, § 94-139; Code 2008, § 94-139; Ord. No. 281-C, § 1(ch. 9, art. III, §§ 7-9), 11-8-1994) Sec. 105-28. Standards for development involving handling, genera- tion or storage of hazardous waste. All new development involving the handling, generation or storage of hazardous wastes shall meet the following standards for permitting approval: (1) U.S. Environmental Protection Agency standards, 40 CFR parts 260, 261, 262, 263, 270 and 271, dated March 24, 1986, as amended. (2) State department of environmental protec- tion standards, including the submittal of the approved state permits, relating to F.A.C. ch. 62-730, Hazardous Waste, F.A.C. ch. 62-761, Underground Storage Tank Systems, and F.A.C. ch. 62-762, Above Ground Storage Tank Systems. (Code 1998, § 94-140; Code 2008, § 94-140; Ord. No. 281-C, § 1(ch. 9, art. III, § 10), 11-8-1994) Sec. 105-29. Containment standards for hazardous substances. (a) Monitoring capacity. Except as provided in this section, all storage systems intended for the storage of hazardous substances shall be designed with the capability of detecting that the hazard- ous substance stored in the primary contain- ment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the city. (b) Containment requirements. Primary and secondary levels of containment shall be required for all storage systems intended for the storage of hazardous substances, except as provided in this section. (1) Primary containment. Primary contain- ment is the first level of containment, such as the inside layer of the container which comes into immediate contact on its inner surface with the hazardous material being contained. All primary containment shall be product -tight. (2) Secondary containment. Secondary containment is the level of containment external to and separate from the primary containment. All secondary containment shall be constructed of materials of suf- ficient thickness, density and composi- tion so as not to be structurally weakened as a result of contact with the discharge of hazardous substances and sufficient to preclude any hazardous substance loss to the external environment. a. Leakproof trays under containers, floor curbing or other containment systems to provide secondary liquid containment shall be installed of • • �J CD105:8 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-31 0 • • adequate size to handle 110 percent of the volume of the largest container in order to contain all spills, leaks, overflows and precipitation until appropriate action can be taken. b. Secondary containment systems shall be sheltered so that the intru- sion of precipitation is inhibited. These requirements shall apply to all areas of use, production and handling, to all storage areas, and to aboveground and underground storage areas. C. Vacuum suction devices, absorbent scavenger materials or other devices approved by the city shall be pres- ent on the site or available within a time set by the city. Devices or materials shall be available in suf- ficient magnitude so as to control and collect the total quantity of hazardous substances. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of hazard- ous substances, plus absorbent mate- rial. (c) Inspection and maintenance. Procedures shall be established for periodic in-house inspec- tion and maintenance of containment and emergency equipment. Such procedures shall be in writing. A regular checklist and schedule of maintenance shall be established, and a log shall be kept of inspections and maintenance. Such logs and records shall be kept on site for inspec- tion by the local government. (1) Any substantial modification or repair of a storage system, other than minor repairs or emergency repairs, shall be in accordance with plans to be submitted to the city and approved prior to the initia- tion of such work. (2) A facility owner or operator may make emergency repairs to a storage system in advance of seeking an approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the contain- ment. (3) Replacement of any existing storage system for hazardous substances must be in accordance with the new installa- tion standards. (d) Out -of -service storage systems. (1) Storage systems which are temporarily out of service, and are intended to be returned to use, shall continue to be monitored and inspected. (2) Any storage system which is not being monitored and inspected in accordance with this article shall be closed or removed in a manner approved by the city. (3) Whenever an abandoned storage system is located, a plan for the closing, remov- ing or upgrading and permitting of such storage system shall be filed at a reason- able time as determined by the city. (Code 1998, § 94-141; Code 2008, § 94-141; Ord. No. 281-C, § 1(ch. 9, art. III, § 11), 11-8-1994) Sec. 105-30. Hazardous substance inspec- tion program. The city, in coordination with appropriate federal, state, regional and county entities, shall assist in administration of a hazardous substance inspection and cleanup program for the incorporated areas of the city. The inspection program shall ensure compliance with 40 CFR 260.00 to 265.00. This regulatory program will be in addition to the requirements of this article. (Code 1998, § 94-142; Code 2008, § 94-142; Ord. No. 281-C, § 1(ch. 9, art. III, § 12), 11-8-1994) Sec. 105-31. List of regulated substances. Regulated substances under this article include, but are not limited to, the generic items listed in this section and byproducts, reaction products and waste products generated from the use, handling, storage or production of these items: Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds CD105:9 § 105-31 CLERMONT CODE Bleaches, peroxides Brake and transmission fluid Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Corrosion and rust prevention materials Cutting fluids Degreasing solvents Disinfectants Electroplating solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde Fuels and additives Glues, adhesives and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and still bottoms Inks, printing and photocopying chemicals Laboratory chemicals Liquid storage batteries Mercury and mercury compounds Medical, pharmaceutical, dental, veterinary and hospital solutions Metal finishing solutions Oils Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds Painting solvents PCBs Pesticides and herbicides Plastic resins, plasticizers and catalysts Plasticizers Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants, bactericides and algicides Soaps, detergents and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils and fluids Water and wastewater treatment chemicals (Code 1998, § 94-143; Code 2008, § 94-143; Ord. No. 281-C, § 1(ch. 9, art. III, app. A), 11-8-1994) Secs. 105-32-105-50. Reserved. ARTICLE III. CLEARING, GRADING AND STORMWATER MANAGEMENT DIVISION 1. GENERALLY Sec. 105-51. Purpose and scope of article. The general goal of this article is to safeguard life, limb, property and the public welfare through regulation and control of excavation, grading and earthwork construction, including earth fills and embankments. It is also the intent of this article to provide adequate stormwater manage- ment and drainage through proper regulation of all site alteration activities. This article sets forth rules and regulations and establishes the administrative procedure for issuance of permits and provides for approval of plans and inspec- tion of site construction. (Code 1998, § 94-171; Code 2008, § 94-171; Ord. No. 281-C, § 1(ch. 10), 11-8-1994) Secs. 105-52-105-75. Reserved. DIVISION 2. CLEARING AND GRADING Sec. 105-76. Purpose of division. The requirements and regulations in this division are intended to provide for the reason- able use of hillsides and areas of varying topography while protecting the public health, safety and welfare by ensuring that development will not destroy or severely alter the existing topography, induce soil erosion, result in exces- sive grading, create stormwater runoff problems, unduly disturb natural vegetation and wildlife, or lead to loss of aesthetic value. The require- ments and policies outlined in this division apply to all sites within the city limits. (Code 1998, § 94-191; Code 2008, § 94-191; Ord. No. 302-C, § 2, 11-7-2000) Sec. 105-77. Violations; enforcement. (a) Restoration plan. All violations of this land development code involving the unauthor- ized removal of trees or vegetation shall require the landowner to file a restoration plan as outlined in chapter 123, article III, division 2. • • �J CD105:10 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-79 (b) Referral to code enforcement board. Other (5) Provide cross sections that illustrate pre - violations of this land development code involv- and post -graded conditions, as determined ing reversible conditions may be referred to the by the city engineer. code enforcement board. (6) Plans shall be drawn to scale upon (c) Stop work orders. A stop work order shall substantial media (paper, cloth, etc.), and be issued for all sites found in violation upon shall be of sufficient clarity to indicate which construction has been authorized or for the nature and extent of the work proposed unauthorized grading. No further city permits and show in detail that they will conform for the subject property or projects shall be to the provisions of this division and all issued, or attendant inspections completed, until relevant laws, ordinances, rules and such violations are corrected or a restoration regulations. The first sheet of each set of plan has been accepted by the city. This shall plans shall give the general vicinity of include the certificate of occupancy for the the proposed site, the location of the attendant structure. work, and the name and address of the (Code 1998, § 94-192; Code 2008, § 94-192; Ord. owner and the person by whom they No. 302-C, § 2, 11-7-2000) were prepared. The plans and specifica- tions shall be signed and sealed by a Sec. 105-78. Permit required for modifica- professional engineer registered in the tion of grade. state. Grading shall only be permitted as part of site (7) The plans shall show property limits and development and construction. No grading permits accurate one -foot elevations (contours) of shall be issued without approved construction the existing grade and details of terrain plans. Grading shall be an integral part of site and area drainage. development and construction of infrastructure. Site development shall commence immediately (8) The plans shall show limiting dimen- upon completion of grading. sions, elevations and finished elevations (Code 1998, § 94-193; Code 2008, § 94-193; Ord. (contours) to be achieved by the grading No. 302-C, § 2, 11-7-2000) or filling, and proposed drainage chan- nels and related construction. Sec. 105-79. Grading plans. (9) Detailed plans shall be submitted of all (a) Grading plans shall be included in construc- surface and subsurface drainage devices, tion plans and shall be submitted in accordance walls, cribbing, dams and other pertinent with chapter 119, pertaining to subdivisions, or devices to be constructed with or as a chapter 101, article VIII, pertaining to site part of the proposed work, together with development. Grading plans shall include the a map, diagram or plot showing the necessary documents and drawings to support drainage area and the estimated runoff the following: of the area served by the drains. (1) A statement that estimates the quanti- (10) The plans shall show the location of any ties of work involved. buildings or structures on the property where the work is to be performed and (2) Such other information as reasonably the location of any buildings or structures may be required by the city engineer. on land of adjacent owners which are (3) Demonstrate that the net result of grad- within 15 feet of the property, or which ing shall not be a level site. may be affected by the proposed grading or filling operation. Specifications shall (4) Identify sites for borrow or disposal of fill contain information covering construc- or cut material. tion and material requirements. CD105:11 § 105-79 CLERMONT CODE (11) The plans shall show the location of surface waters on the property, including lakes, streams and ponds, and the final disposition of the water's outfall. (12) All elevations must be stated in terms of the North American Vertical Datum, and this fact indicated in a note on the plan sheet. (13) The plans shall show all existing trees six inches or over at 4 % feet above the existing grade, and other vegetation depicted by canopy area or spread with average density, height and trunk dimen- sions. The trees and vegetation to be removed shall be clearly noted. (b) When required by the city engineer, each application shall be accompanied by two sets of plans and specifications and supporting data consisting of a soil engineering report and engineering geology report. Data provided in the report shall, at a minimum, meet criteria established in the Florida Building Code. The plans and specifications shall be signed and sealed by a professional engineer registered in the state. (c) The applicant shall submit a reclamation plan for the site. Prior to commencement of work, the applicant must provide a reclamation bond in the amount of 110 percent of a certified reclamation estimate prepared by the design engineer and approved by the city engineer. (Code 1998, § 94-194; Code 2008, § 94-194; Ord. No. 302-C, § 2, 11-7-2000) Sec. 105-80. Clearing and grading review criteria. (a) Standards of review for permit applica- tions under this division are as follows: (1) The extent to which the actual or intended use of the property requires changes in grade. (2) The effect that changes in the natural or existing grade will have on drainage and its impact on adjoining properties. (3) The extent to which the area would be subject to erosion, flood hazard, increased water runoff or other environmental degradation of receiving waters due to change of grade and removal of vegeta- tion and trees. (4) The need for visual screening in transitional areas, or relief from glare, blight, dust control, commercial or industrial unsightliness or any other affront to the visual or aesthetic sense in the area. (5) The desirability of preserving any tree by reason of its size, age or some other outstanding quality such as uniqueness or rarity. (6) The effect that changes in the natural existing grade will have on the trees to be protected and preserved. (7) The heightened desirability of preserv- ing or enhancing vegetative communi- ties, including ground cover and tree cover in densely developed or populated areas. (8) Grading shall respect the natural contour of the existing terrain. (9) Grades at property boundaries shall match existing grades of adjacent properties. (10) Terrain adaptive architecture shall be utilized in areas of varying topography where the above requirements limit the size of level, buildable areas. Terrain adaptive architecture is defined as structures that step with the landform to reduce the need for massive grading. (b) Grading of roadways shall conform to the following standards of review, in addition to those in subsection (a) of this section: (1) All roadway design shall follow the natural contours of the existing topography. (2) A preliminary design that includes grad- ing and alignment of major collector and arterial shall be approved by council prior to production of construction plans. • • CD105:12 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-81 (3) The maximum depth of cut or fill for (3) Commercial and industrial developments construction of any roadway shall be 15 with multiple uses shall be constructed feet, as measured at the centerline of the using terracing or other forms of multi - roadway. level construction. (4) The maximum slope for the transitional (4) Elevation changes in topography shall be grade from edge of the right-of-way to the limited to 15 feet. natural grade shall be 3:1. (5) Transitions between multi -level construc- (c) Grading for subdivisions shall conform to tion shall be accomplished using slopes the following standards of review, in addition to of no greater than 5:1 or with retaining those in subsection (a) of this section: walls not to exceed six feet in height. (1) Grading shall be limited to house and (6) Terrace boundaries shall conform to the building pads, road rights -of -way, contours of the existing topography. approved subdivision features and storm - water management systems. Excessive (7) Terraces shall include a minimum five - grading shall be prohibited. foot landscape buffer along the boundary. (2) Elevation changes in topography shall be limited to ten feet. (3) Graded slopes shall be rounded and shaped to blend with the naturally occur- ring slopes at a radius compatible with the existing natural terrain and shall follow the natural contours, unless ter- racing techniques shall be utilized. (4) Graded slopes shall be stabilized with sod, seed and mulch or landscaping. (5) Identify sites for borrow or disposal of fill or cut material. (6) Cross sections of the project which illustrate pre- and post -graded condi- tions may be required as determined by the city engineer. (d) Grading for site development shall conform to the following standards of review, in addition to those in subsection (a) of this section: (1) Grading shall be limited to approved building pads, parking lots, access drives thereto and stormwater management systems. Excessive grading shall be prohibited. (2) The graded area for an individual use shall be limited to the building pad and its associated parking. (8) Fences or guardrails shall be provided along the boundary of terraces to secure public safety and welfare. (Code 1998, § 94-195; Code 2008, § 94-195; Ord. No. 302-C, § 2, 11-7-2000) Sec. 105-81. Work under approved development plan; grading and construction standards. The approval of final development plans, and subsequent issuance of a development permit thereafter, shall authorize all grading shown on the approved plans without issuance of a separate permit; however, all property grading shall be designed to provide positive drainage of the property to a public conveyance or designated stormwater detention or retention area. The finished first floor elevation of any building or structure shall be 18 inches above the lowest adjacent road centerline grade, unless specifi- cally approved by the city engineer based on the existence of positive drainage away from the street frontage. All soil and tree preservation measures required by this land development code shall be applicable. The implementation of these measures shall be agreed upon during a preconstruction meeting, including necessary inspection. (Code 1998, § 94-196; Code 2008, § 94-196; Ord. No. 302-C, § 2, 11-7-2000) CD105:13 § 105-82 CLERMONT CODE Sec. 105-82. Exemptions and exceptions from grading requirements. (a) No person shall do any grading without first having obtained a development permit from the city except as follows: (1) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsup- ported height greater than five feet after the completion of the structure. (2) Excavations for wells or tunnels or utili- ties. (3) Grading for individual building lots in platted subdivisions. (4) Grading for the purpose of constructing stormwater retention/treatment ponds. (b) For purposes of this section, the term "excavation" shall mean to cut, scoop, dig or expose to view by digging away covering, either by mechanical means or by hand. (Code 1998, § 94-197; Code 2008, § 94-197; Ord. No. 302-C, § 2, 11-7-2000; Ord. No. 327-C, § I, 9-23-2003) Sec. 105-83. Issuance of permit; validity; expiration; suspension or revocation. (a) Issuance generally. The application, plans and specifications filed by an applicant for a permit under this division shall be checked by the department of planning and development services and city engineer. Such plans may be reviewed by other city departments to check compliance with the laws and ordinances under their jurisdiction. If the departments are satis- fied that the work described in the application and the plans filed therewith conform to the requirements of this land development code and other pertinent laws and ordinances, and that all applicable fees have been paid, the director of planning shall issue a permit to the applicant. (b) Modification of approved plans. When a permit it formally issued, it will be endorsed in writing and stamped "Approved" on all sets of plans and specifications. Such approved plans and specifications shall not be changed, modified or altered without authorization from the depart- ment of planning and development services and city engineer, and all work shall be done in accordance with the approved plans. (c) Disposition of copies of plans; copy to be kept on site. One set of approved plans, specifica- tions, computations and reports shall be retained by the city for review and assurance of the completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant. The applicant's set shall be kept on the site at all times during the period when work authorized thereby is in progress. (d) Validity. (1) The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this land development code. No permit presuming to give authority to violate or cancel the provisions of this land development code shall be valid, except insofar as the work or use which it authorizes is lawful. (2) The issuance of a permit based upon plans, specifications and reports shall not prevent the city from thereafter requir- ing the correction of errors in the plans and specifications. The city may require that grading operations and project design be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. (e) Expiration. Every permit issued by the city under the provisions of this division shall expire by limitation and become null and void if the work authorized by such permit is not com- menced within one year from the date of such permit. The work authorized by such permit l� u • �J CD105:14 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-114 0 • shall not be suspended or abandoned at any time after the work is commenced but shall be carried through to completion. (f) Suspension or revocation. The city may, in writing, suspend or revoke a permit issued under provisions of this division whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this land development code. (Code 1998, § 94-198; Code 2008, § 94-198; Ord. No. 302-C, § 2, 11-7-2000) Sec. 105-84. Required soil conservation measures. The following soil conservation measures shall be taken on all clearing and grading sites: (1) During construction. Methods approved by the city shall be used to prevent erosion and the depositing of soils off of the site. This shall include the protection of bare soils from both water and wind (eolian) forces. (2) After construction. All disturbed areas shall be sodded or seeded and mulched, as required by the city's standard construction details. The removal or lack of maintenance of vegetation resulting in on -site or off -site erosion or windblown loss of soils shall be deemed a violation of this land development code. (Code 1998, § 94-199; Code 2008, § 94-199; Ord. No. 302-C, § 2, 11-7-2000) Sec. 105-85. Burying of material prohibited. The burying of rubbish, logs, lumber, building materials, underbrush, trash or other matter is hereby determined to be a change or modifica- tion of the grade of land for which no permit shall be issued. (Code 1998, § 94-200; Code 2008, § 94-200; Ord. No. 302-C, § 2, 11-7-2000) Secs. 105-86-105-113. Reserved. DIVISION 3. STORMWATER MANAGEMENT Sec. 105-114. Purpose and intent of divi- sion; general criteria for improvements. (a) Purpose and intent. The purpose of this division is to preserve the water resources of the city, which are critical to the public health, safety and welfare of its citizens; control storm - water runoff so as to prevent erosion, sedimenta- tion and flooding; and encourage recharge of the aquifer upon which the public depends for potable fresh water. (b) Objectives. The requirements in this divi- sion are designed to allow landowners reason- able use of their property while promoting the following objectives: (1) Prevent significant loss of life and property due to runoff from any foreseeable rainfall event; (2) Protect the quantity and quality of groundwater and surface water; (3) Maximize protection of Outstanding Florida Waters; (4) Reduce the capital expenditures associ- ated with floodproofing and the installa- tion and maintenance of storm drainage systems; (5) Perpetuate recharge into the groundwater systems; (6) Alleviate downstream flood hazards; (7) Prevent the lowering of existing water table elevations to the detriment of these other stated objectives; (8) Reduce wind- or water -caused erosion, loss of valuable topsoil and subsequent sedimentation of surface water bodies; (9) Minimize the adverse impact of develop- ment on the water resources of the city, the county and the state; and (10) Discourage reliance on devices which depend on the use of electrical energy or petroleum fuels to move water, remove pollutants or maintain the systems. CD105:15 § 105-114 CLERMONT CODE (c) General criteria applicable to improve- ments. The following general criteria shall apply to all public and private improvements: (1) Maintenance of pre -development condi- tions. In general, neither the rate nor the quantity of stormwater runoff shall be increased. While development activity is underway and after it is completed, the characteristics of stormwater runoff shall not exceed the rate, volume, quality and timing of stormwater runoff that occurred under the site's natural unimproved or existing state. (2) Pre -development and post -development runoff standards. The proposed stormwa- ter management system shall be designed and sized to accommodate the rate and quantity of stormwater that originates within the development and that which historically flows onto or across the site from adjacent properties. The adopted citywide drainage specification shall be provided as follows: ten-year, two-hour storm event (pre- and post -development discharge volume design at 50-year, 24-hour storm event; F.A.C. ch. 40C-42 for OFW waters; and F.A.C. chs. 40C-4 and 40C-40 for closed basins, where applicable). (3) Provision of necessary facilities. All site alteration activities shall provide for such water retention and settling structures and flow attenuation devices as may be necessary to ensure that the standards and requirements set out in subsections (c)(1) and (2) of this section are met. (4) Nonstructural approach preferred. When possible, the nonstructural approach shall be used to meet both surface water qual- ity and quantity requirements. (5) Phased development. The drainage system for each phase of a development shall meet the requirements of this land development code. Such system shall be functionally independent of planned but unbuilt phases of the development project in question. (6) Maintenance of existing surface drain- age. Site alteration shall not adversely affect existing surface water flow pat- terns. To the greatest extent feasible, drainage sub -basin boundaries shall be maintained. (7) Use of natural drainageways and watercourses. To the maximum extent practicable, natural systems shall be utilized to accommodate stormwater. Developments that contain an existing natural drainageway or watercourse shall maintain and incorporate such features into the project design. Drainage system design shall ensure that sediment or contaminants from runoff will not enter such natural drainageways. (8) Prevention of adverse impact. Site altera- tion shall not cause siltation of wetlands, pollution or alteration of downstream wetlands, or reduce the natural retention or filtering capabilities of wetlands and designated floodplains. (9) Infiltration of rainfall. Properties shall be developed to maximize the amount of natural rainfall which is infiltrated into the soil and to minimize direct overland runoff into adjoining streets and watercourses. (10) Drainage easements. Where necessary and as otherwise prescribed or required in this land development code, easements for drainage facilities, as approved by the site review committee and city engineer, shall be provided. Such easements shall be shown on the required plans and approved, or title conveyed to the city, in the applicable manner set forth in this land development code. Ten-year, two-hour storm event (post -minus pre - development) treatment volume and 50-year, 24-hour storm event (post -minus pre -develop- ment) attenuation, while maintaining a maximum predevelopment discharge. The F.A.C. ch. 40C-42 shall apply for OFW waters, and F.A.C. chs. • • • CD105:16 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-117 40C-4 and 40C-40 shall apply for closed basins, structures on a single parcel of land, where applicable as determined by the city unless the slope is seven percent or engineer. greater. (Code 1998, § 94-221; Code 2008, § 94-221; Ord. (2) Any development within a subdivision if No. 281-C, § 1(ch. 10, art. II, § 1), 11-8-1994; each of the following conditions have Ord. No. 294-C, § 2, 9-28-1999) been met: Sec. 105-115. Permit required for certain a. Stormwater management provisions development activities. for the subdivision were previously approved and remain valid as part No person may develop or make any change in of a final plat or development plan; the use of land or construct a structure or change and the size of a structure, except as exempted in this division, without first obtaining a stormwa- b. The development is conducted in ter management permit as provided in this accordance with stormwater manage - division. For the purpose of this division, the ment provisions submitted with the following development may potentially alter or final plat or development plan. disrupt existing stormwater runoff patterns, and (3) Maintenance work performed on existing as such will, unless exempted in section 105-116, drainage conveyance courses for the require a permit prior to the commencement of purpose of public health and welfare, construction: provided such maintenance work does (1) Changing the use of land or the construc- not alter the quality, rate, volume or tion of a structure or a change in the size location of stormwater flows or runoff on of one or more structures. the site or affect the purpose and intent of the drainage system as constructed. (2) Clearing or drainage of land as an adjunct (4) Maintenance work on utility or to construction. transportation systems, provided such (3) Replatting recorded subdivisions and the maintenance work does not alter the development of recorded and unrecorded quality, rate, volume or location of storm - subdivisions. water flows or runoff on the site or affect (4) Subdividing land. the purpose and intent of the drainage (5) Altering the shoreline or bank or any system as constructed. surface water body. (5) Action taken under emergency condi- (6) The permanent (long period) lowering of tions to prevent imminent harm or danger the water table. to persons, or to protect property from imminent fire, violent storms, hurricanes (7) Clearing or draining of nonagricultural or other hazard. A report of the emergency land for agricultural purposes. action shall be made to the city manager (8) Converting agricultural lands to nonag- as soon as practicable. ricultural uses. (Code 1998, § 94-223; Code 2008, § 94-223; Ord. (Code 1998, § 94-222; Code 2008, § 94-222; Ord. No. 281-C, § 1(ch. 10, art. II, § 2(B)), 11-8-1994) No. 281-C, § 1(ch. 10, art. II, § 2(A)), 11-8-1994) Sec. 105-117. Application for permit; Sec. 105-116. Exemptions. determination of exemption. The following activities shall be exempt from An application for a stormwater management this division, except that steps to control erosion permit shall be filed, processed and approved in and sedimentation must be taken for all develop- the following manner: ment: (1) Determination of exemption. (1) The construction of a single-family or a. In cases where it is not clear that a duplex dwelling unit and accessory proposed development is exempt CD105:17 § 105-117 CLERMONT CODE from this division, a request for ficient information for the city to determination of exemption shall be evaluate the application and the submitted. acceptability of those measures b. The request for determination of proposed. exemption shall be filed with the d. Within ten working days after filing, city manager. the city shall determine whether or C. The request for determination of not the preliminary application is exemption shall contain three copies complete. If it is determined that it of the following information: is complete, the city shall process the application. If it is determined 1. A statement signed by the to be incomplete, it shall be returned owner or developer which certi- to the applicant. fies that the development will: (i) Not obstruct any existing e. After receiving a complete flow of stormwater runoff; preliminary application, the city and shall, within ten working days, GO Not drain stormwater onto determine and then notify the adjacent lands not now applicant that either the proposed receiving runoff or development is exempt or that a increase off -site stormwa- standard permit shall be applied ter volumes or runoff rates for. from the proposed f. In making a determination of exemp- development area. tion from the permitting procedures, 2. An application form contain- the city shall consider: ing the following information 1. Whether or not the proposed and exhibits: project is exempt pursuant to (i) Name, address and section 105-116; telephone number of the 2. Whether or not the proposed applicant; project will increase the rate (ii) Location map, address and or volume of runoff from the legal description of the existing site; proposed development; (iii) Statement expressing the 3. Whether or not the proposed scope of the proposed project will adversely affect development; water quality; (iv) Schedule of proposed 4. Whether or not there are other development; criteria which would require a (v) A sketch showing exist- standard or less application; ing and proposed and structures, paving and 5. Whether or not a permit from drainage patterns; and the St. Johns River Water (vi) A review fee as adopted Management District or other by resolution of the city jurisdictional agency is council and on file in the required. city clerk's office. g. Upon making a determination under It is the responsibility of the subsection (1)f of this section, the applicant to include in the request city manager will notify the applicant is for determination of exemption suf- in writing. CD105:18 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-117 0 �J h. If it is determined that the proposed development is exempt, the applicant is authorized to commence and complete construction of only the development described in the request for determination of exemption. No construction shall commence until any permit required by the St. Johns River Water Management District or other jurisdictional agency is approved, if required. i. Upon notification of nonexemption, the applicant may appeal the determination by filing a request with the city manager within ten working days. A final determina- tion shall be made by the city council within 30 days. (2) Concurrent review. Where a project requires subdivision or site development plan approval, all review shall be done concurrently under the appropriate approval process, and no separate permit shall be required. Plans and exhibits required by subsection (3)b of this sec- tion may be combined with other plans and exhibits required by this land develop- ment code for development plan review. (3) Permit application and review. a. Where no additional development review is required, application shall be made directly to the department' of planning and development services. b. The application shall consist of three copies of all required information, accompanied by the appropriate review fee. The following plans and information, prepared by a profes- sional engineer registered in the state, shall be submitted with the application: 1. A detailed site development plan, including a general loca- tion map and the location of all existing and proposed pave- ment and structures; 2. Topographic maps, using the North American Vertical Datum, of the site and all adjacent contributing and receiving areas before and after the proposed alterations; 3. Information regarding the types of soils and groundwater condi- tions existing on the site; 4. General vegetation maps of the site before development and a plan showing the landscaping to be performed as part of the project; 5. Construction plans, specifica- tions and computations neces- sary to indicate compliance with the requirements of this divi- sion; 6. Additional information neces- sary for determining compli- ance with this division as the city may require; 7. Additionally, for larger develop- ments, a hydrograph for the proposed development may be required, particularly in those areas where the cumulative impact of the outflows on downstream flows are of concern. C. Within 15 working days of filing of the application, the city will determine whether or not the application is complete. If the application is determined to be incomplete, it will be returned to the applicant. d. If the application is determined to be complete, the city engineer and the site review committee will com- mence review. Within 15 working days after the determination of a complete application, the city shall approve, approve with conditions, or deny the application. (Code 1998, § 94-224; Code 2008, § 94-224; Ord. No. 281-C, § 1(ch. 10, art. II, § 3), 11-8-1994) CD105:19 § 105-118 CLERMONT CODE Sec. 105-118. Performance, review and (6) design standards. (a) Basic performance and design standards. Stormwater management system design shall conform with the following performance standards: (1) Stormwater runoff shall be subjected to the best management practice prior to discharge into natural or artificial drain- age systems. Best management practice shall mean a practice or combination of practices determined by the city to be the most effective practical means of prevent- ing or reducing the amount of pollution generated by the project to a level compat- ible with state water quality standards found in F.A.C. ch. 62-3. (2) No site alteration shall cause siltation of wetlands or pollution of downstream wetlands or reduce the natural retention or filtering capabilities of wetlands or designated floodplains. In order to maintain good water quality in stormwater management detention ponds and maximize the provision of fish and wildlife habitat, stormwater manage- ment systems with permanently wet detention ponds should be designed, oper- ated and maintained so as to resemble a natural pond to the greatest extent practicable. A natural pond design should include a littoral zone comprised of native emergent and submersed aquatic macro- phytic vegetation, a deep open water limnetic zone free of rooted emergent and submersed vegetation, and, where feasible, an upland buffer of native trees, shrubs and understory vegetation. (7) A positive drainage system shall be provided which will not adversely impact downstream owners or adjacent lands. (8) (3) Stormwater management design shall be established upon the applicable level of service criteria designated in the comprehensive plan pursuant to site - specific considerations of the property being developed. (9) (4) All site alteration activities shall provide for such water retention structures, set- tling structures and flow attenuation devices as may be necessary to ensure that the standards and requirements set out in subsections (a)(1) through (3) of this section are met. (5) Design of water retention or detention structures and flow attenuation devices shall be subject to the approval of the city pursuant to the standards of this division. Detention structures shall be designed to release runoff to the downstream drainage system over a period of time so as not to exceed the capacity of the existing downstream system. The city shall utilize adopted standard design details for retention areas, including acceptable depths and side slopes. Where possible, natural vegetation shall be used as a component of the drainage system. The water table should not be manipulated so as to endanger natural vegetation beneficial to water quality unless natural vegetation can be replanted and survive with a lowered water table condition. Runoff from higher adjacent lands shall be considered and provisions for convey- ance of such runoff shall be included in the drainage plan. (10) Runoff shall be treated to remove oil and floatable solids before discharge from the site in a manner approved by the city. (11) Erosion by wind and water shall be prevented by the developer throughout the construction process. (12) Direct discharge to Class III waters or outstanding state waters is prohibited. A workable filter system must be provided prior to any discharge to Class III waters or outstanding state waters. (13) No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes. • CD 105:20 ENVIRONMENT AND NATURAL RESOURCE PROTECTION § 105-119 0 �J (14) Runoff computations shall be based on the most critical situation (rainfall dura- tion, distribution and antecedent solid moisture condition) and conform to accept- able engineering practices using rainfall data and other local information applicable to the affected area. (15) The design and construction of the proposed stormwater management system shall be certified as meeting the require- ments of this land development code by a professional engineer registered in the state. (16) No surface water may be channeled or directed into a sanitary sewer. (b) Review standards. In reviewing and approv- ing the application for a permit under this division, the city shall consider, where appropri- ate, the following minimum standards: (1) The characteristics and limitations of the soil at the proposed site with respect to percolation and infiltration. (2) The existing topography of the site and the extent of topographical changes after development. (3) The plans and specifications of structures or devices the applicant intends to employ stormwater retention or detention with filtration, erosion control and flow attenu- ation. (4) The impact the proposed project will have on downstream water quantity and quality, and specifically the potential for downstream flooding conditions. (5) The method of handling upland flow which presently discharges through the site. (6) The continuity of phased projects. Phased projects will require the submission of an overall plan for the applicant's total land holdings. (7) The existing hydrologic cycle of the proposed site and the impact of the proposed alterations on the existing hydrologic cycle. (8) The impact the proposed project will have on the natural recharge capabilities of the site. (9) The existing vegetation of the site, the extent of vegetation changes after develop- ment, and the threat posed to vegetation that is endangered or indigenous to wetlands. (10) The adequacy of easements for drainage systems in terms of both runoff convey- ance and maintenance. (11) The effectiveness of wind and water ero- sion control measures during construc- tion. (12) Standards and requirements of any other governmental jurisdiction. (13) The maintenance entity responsible for upkeep of the system upon its comple- tion. (14) The effect the proposed stormwater management system will have upon mosquito breeding habitat. (Code 1998, § 94-225; Code 2008, § 94-225; Ord. No. 281-C, § 1(ch. 10, art. II, § 4), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001) Sec. 105-119. Issuance or denial of permit. (a) Upon review of the application submitted under this division and determination of the site review committee, the department of planning and development services will notify the applicant, in writing, of the disposition of the permit. (b) The city engineer shall notify the depart- ment of planning and development services immediately upon the approval of the applica- tion. Upon the satisfaction of any approval condi- tions, and presentation of any other required county, regional, state or federal agency permits required for the proposed construction, the city shall issue the stormwater management permit. (c) When an application has been denied, the department of planning and development services shall notify the applicant, in writing, stating the reasons for denial. (Code 1998, § 94-226; Code 2008, § 94-226; Ord. No. 281-C, § 1(ch. 10, art. II, § 5), 11-8-1994) CD 105:21 § 105-120 CLERMONT CODE Sec. 105-120. Maintenance of installed systems. The installed systems required by this divi- sion shall be maintained by the owner except where the city specifically accepts a certain system for maintenance. All areas and structures to be maintained by the city must be conveyed to the city by plat or separate instrument and accepted by the city council. The system to be maintained by the owner shall have adequate easements to permit the city to inspect and, if necessary, to take corrective action should the owner fail to maintain the system. (Code 1998, § 94-227; Code 2008, § 94-227; Ord. No. 281-C, § 1(ch. 10, art. II, § 6), 11-8-1994) Sec. 105-121. Enforcement. (a) Any changes or amendments to the approved plans must be approved by the city engineer and site review committee prior to construction. If the completed development appears to deviate from the approved plans, the city shall require the developer to submit as - built plans of the completed project. City inspec- tors shall be granted inspection rights and right of entry privileges in order to ensure compliance with the requirements of this division. (b) If the city determines that the project is not being carried out in accordance with the approved plans or if any project subject to this division is being carried out without a permit, the city is authorized to: (1) Take actions authorized under section 101-12; or (2) Issue a stop work order directing the applicant or person in possession to cease and desist all or any portion of the work which violates the provisions of this divi- sion. (c) Should the owner fail to properly maintain the system, the city shall give such owner writ- ten notice of the nature of all required corrective action necessary. Should the owner fail, within 30 days from the date of the notice, to take or commence taking the necessary corrective action, the city may either enter upon the property, take corrective action and place a lien on the property of the owner for the costs thereof, or bring an action before the city's code enforcement board in order to obtain compliance with this division. (Code 1998, § 94-228; Code 2008, § 94-228; Ord. No. 281-C, § 1(ch. 10, art. II, § 7), 11-8-1994) Sec. 105-122. Emergency work. (a) This division shall not be construed to prevent the doing of any act necessary to prevent material harm or destruction of real or personal property as a result of a present emergency, including, but not limited to, fire or hazards resulting from violent storms or hurricanes or when the property is in imminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protec- tion of the property. (b) A report of any such emergency action shall be made to the city manager by the owner or person in control of the property upon which emergency action was taken as soon as practicable, but not more than ten days following such action. Remedial action may be required by the city engineer or city manager, subject to appeal to the city council in the event of dispute. (Code 1998, § 94-229; Code 2008, § 94-229; Ord. No. 281-C, § 1(ch. 10, art. II, § 8), 11-8-1994) 0 • 1� u CD 105:22 • • • Chapter 106 RESERVED CD106:1 • • Chapter 107 FLOODPLAIN MANAGEMENT Article I. In General Sec. 107-1. Scope. Sec. 107-2. Terms defined in the Florida Building Code. Sec. 107-3. Terms not defined. Sec. 107-4. Definitions. Sec. 107-5. Title. Sec. 107-6. Applicability. Sec. 107-7. Intent. Sec. 107-8. Coordination with the Florida Building Code. Sec. 107-9. Warning. Sec. 107-10. Disclaimer of liability. Sec. 107-11. Conflict of provisions. Sec. 107-12. Areas to which this chapter applies. Sec. 107-13. Basis for establishing flood hazard areas. Sec. 107-14. Submission of additional data to establish flood hazard areas. Sec. 107-15. Other laws. Sec. 107-16. Abrogation and greater restrictions. Sec. 107-17. Interpretation. Secs. 107-18-107-37. Reserved. Article II. Administration and Enforcement Division 1. Generally Secs. 107-38-107-62. Reserved. Division 2. Floodplain Administrator Sec. 107-63. Designation. Sec. 107-64. General authority. Sec. 107-65. Applications and permits. Sec. 107-66. Substantial improvement and substantial damage determina- tions. Sec. 107-67. Modifications of the strict application of the requirements of the Florida Building Code. Sec. 107-68. Notices and orders. Sec. 107-69. Inspections generally. Sec. 107-70. Other duties of the floodplain administrator. Sec. 107-71. Floodplain management records. Secs. 107-72-107-100. Reserved. Division 3. Permits Sec. 107-101. Permits required. Sec. 107-102. Floodplain development permits or approvals. Sec. 107-103. Buildings, structures and facilities exempt from the Florida Building Code. Sec. 107-104. Application for a permit or approval. Sec. 107-105. Validity of permit or approval. Sec. 107-106. Expiration. Sec. 107-107. Suspension or revocation. Sec. 107-108. Other permits required. Secs. 107-109-107-129. Reserved. CD107:1 CLERMONT CODE 0 Division 4. Site Plans and Construction Documents Sec. 107-130. Information for development in flood hazard areas. Sec. 107-131. Information in flood hazard areas without base flood elevations (approximate Zone A). Sec. 107-132. Additional analyses and certifications. Sec. 107-133. Submission of additional data. Secs. 107-134-107-164. Reserved. Division 5. Inspections Sec. 107-165. General requirement. Sec. 107-166. Development other than buildings and structures. Sec. 107-167. Buildings, structures and facilities exempt from the Florida Building Code. Sec. 107-168. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Sec. 107-169. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. Sec. 107-170. Manufactured homes. Secs. 107-171-107-193. Reserved. Division 6. Variances and Appeals Sec. 107-194. Requests for variances. Sec. 107-195. Requests for appeals. Sec. 107-196. Limitations on authority to grant variances. Sec. 107-197. Restrictions in floodways. Sec. 107-198. Historic buildings. Sec. 107-199. Functionally dependent uses. Sec. 107-200. Considerations for issuance of variances. Sec. 107-201. Conditions for issuance of variances. Seca. 107-202-107-225. Reserved. Division 7. Violations Sec. 107-226. Development performed without a permit, in conflict with a permit, or not in full compliance declared/presumed to be in violation. Sec. 107-227. Authority. Sec. 107-228. Unlawful continuance. Secs. 107-229-107-249. Reserved. Article III. Flood Resistant Development Division 1. Generally Sec. 107-250. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Secs. 107-251-107-278. Reserved. Division 2. Subdivisions Sec. 107-279. Minimum requirements. Sec. 107-280. Subdivision plats. Secs. 107-281-107-308. Reserved. Division 3. Site Improvements, Utilities and Limitations Sec. 107-309. Minimum requirements. 0 CD107:2 FLOODPLAIN MANAGEMENT 0 Sec. 107-310. Sanitary sewage facilities. Sec. 107-311. Water supply facilities. Sec. 107-312. Limitations on sites in regulatory floodways. Sec. 107-313. Limitations on placement of fill. Secs. 107-314-107-344. Reserved. Division 4. Manufactured Homes Sec. 107-345. General installation and compliance. Sec. 107-346. Foundations. Sec. 107-347. Anchoring. Sec. 107-348. Elevation. Sec. 107-349. General elevation requirement. Sec. 107-350. Elevation requirement for certain existing manufactured home parks and subdivisions. Sec. 107-351. Enclosures. Sec. 107-352. Utility equipment. Seca. 107-353-107-377. Reserved. Division 5. Recreational Vehicles and Park Trailers Sec. 107-378. Temporary placement. Sec. 107-379. Permanent placement. Secs. 107-380-107-401. Reserved. Division 6. Tanks Sec. 107-402. Sec. 107-403. Underground tanks. Aboveground tanks —Not elevated. Sec. 107-404. Aboveground tanks —Elevated. Sec. 107-405. Tank inlets and vents. Secs. 107-406-107-423. Reserved. u Division 7. Other Development Sec. 107-424. General requirements for other development. Sec. 107-425. Fences in regulated floodways. Sec. 107-426. Retaining walls, sidewalks and driveways in regulated flood - ways. Sec. 107-427. Roads and watercourse crossings in regulated floodways. CD 107:3 I • • FLOODPLAIN MANAGEMENT § 107-4 ARTICLE I. IN GENERAL referenced by the Florida Building Code. ASCE 24 is developed and published by the American Sec. 107-1. Scope. Society of Civil Engineers, Reston, VA. Unless otherwise expressly stated, the follow- ing words and terms shall, for the purposes of this chapter, have the meanings shown in this chapter. (Code 2008, § 94-100; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-2. Terms defined in the Florida Building Code. Where terms are not defined in this chapter and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. (Code 2008, § 94-101; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-3. Terms not defined. Where terms are not defined in this chapter or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. (Code 2008, § 94-102; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alteration of a watercourse means a dam, impoundment, channel relocation, change in chan- nel alignment, channelization, or change in cross - sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter. ASCE 24 means a standard titled Flood Resistant Design and Construction that is Base flood means a flood having a one -percent chance of being equaled or exceeded in any given year. Also defined in Florida Building Code, B, section 1612.2. The base flood is commonly referred to as the "100-year flood" or the "one - percent annual chance flood." Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM). Also defined in Florida Building Code, B, section 1612.2. Basement means the portion of a building having its floor subgrade, below ground level, on all sides. Also defined in Florida Building Code, B, section 1612.2. Design flood means the flood associated with the greater of the following two areas (also defined in Florida Building Code, B, Section 1612.2): (1) Area with a floodplain subject to a one percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation means the elevation of the design flood, including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number, in feet, specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. Also defined in Florida Building Code, B, section 1612.2. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, CD107:5 § 107-4 CLERMONT CODE tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excava- tions, drilling operations or any other land disturb- ing activities. Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure mean any buildings and structures for which the start of construction commenced before August 15, 1984. Also defined in Florida Building Code, B, section 1612.2. Existing manufactured home park or subdivi- sion means a manufactured home park or subdivi- sion for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 15, 1984. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installa- tion of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency that, in addi- tion to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding means a general and temporary condition of partial or complete inunda- tion of normally dry land from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source. Also defined in Florida Building Code, B, section 1612.2. Flood damage -resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Also defined in Florida Building Code, B, section 1612.2. Flood hazard area means the greater of the following two areas: (1) The area within a floodplain subject to a one percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Also defined in Florida Building Code, B, section 1612.2. Flood insurance rate map (FIRM) means the official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the com- munity. Also defined in Florida Building Code, B, section 1612.2. Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map, if applicable, the water surface elevations of the base flood, and supporting technical data. Also defined in Florida Building Code, B, section 1612.2. Floodplain administrator means the office or position designated and charged with the administration and enforcement of this chapter, may be referred to as the floodplain manager. Floodplain development permit or approval means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this chapter. Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing • • l� u CD107:6 FLOODPLAIN MANAGEMENT § 107-4 0 �J the water surface elevation more than one foot. Also defined in Florida Building Code, B, section 1612.2. Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations, the evaluation shall be prepared by a qualified state -licensed engineer using standard engineering methods and models. Florida Building Code means the family of codes adopted by the Florida Building Commis- sion, including Florida Building Code, Building; Florida Building Code, Residential; Florida Build- ing Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumb- ing; and Florida Building Code, Fuel Gas. Functionally dependent use means a use which cannot perform its intended purpose unless it is located or earned out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, the term does not include long-term storage or related manufacturing facili- ties. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls or founda- tion of a structure. Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Build- ing Code, Existing Building, ch. 12, Historic Buildings. Letter of map change (LOMC) means an official determination issued by the Federal Emergency Management Agency that amends or revises an effective flood insurance rate map or flood insur- ance study. Letters of map change include: Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program require- ments for such projects with respect to delinea- tion of special flood hazard areas. A conditional letter of map revision does not revise the effective flood insurance rate map or flood insurance study. Upon submission and approval of certified as -built documentation, a letter of map revision may be issued by the Federal Emergency Management Agency to revise the effective flood insurance rate map. Letter of map amendment (LOMA) means an amendment based on technical data show- ing that a property was incorrectly included in a designated special flood hazard area. A letter of map amendment amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of map revision (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and flood - way delineations, and other planimetric features. Letter of map revision based on fill (LOMR-F) means a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determina- tion, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Light -duty truck, as defined in 40 CFR 86.082-2, means any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a deriva- tion of such a vehicle; (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off -highway operation and use. CD107:7 § 107-4 CLERMONT CODE Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a base- ment, usable solely for vehicle parking, building access or limited storage, provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. Also defined in Florida Building Code, B, section 1612.2. Manufactured home means a structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle or park trailer. Also defined in F.A.C. 15C-1.0101. Manufactured home park or subdivision means a parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale. Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. The term "market value" refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value, (replace- ment cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser. New construction, for the purposes of administration of this chapter and the flood - resistant construction requirements of the Florida Building Code, means structures for which the start of construction commenced on or after August 15, 1984, and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servic- ing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 15, 1984. Park trailer means a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for opera- tion of installed fixtures and appliances. Defined in F.S. § 320.01. Recreational vehicle means a vehicle, includ- ing a park trailer, which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light -duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. See F.S. § 320.01. Special flood hazard area means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on the flood insur- ance rate map as Zone A, AO, Al-A30, AE, A99, AH, Vl-V30, VE or V. Also defined in Florida Building Code, B section 1612.2. Start of construction means the date of issu- ance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building, including a manufactured home, on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. The term • • CD107:8 FLOODPLAIN MANAGEMENT § 107-7 0 I u "permanent construction" does not include land preparation, such as clearing, grading, or filling, the installation of streets or walkways, excava- tion for a basement, footings, piers, or founda- tions, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Also defined in Florida Building Code, B section 1612.2. Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Also defined in Florida Building Code, B section 1612.2. Substantial improvement means any repair, reconstruction, rehabilitation, alteration, addi- tion, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term "substantial improve- ment" does not, however, include either: (1) Any project for improvement of a build- ing required to correct existing health, sanitary, or safety code violations identi- fied by the building official and that are the minimum necessary to ensure safe living conditions; or (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Also defined in Florida Building Code, B, section 1612.2. Variance means a grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Build- ing Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code. Watercourse means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. (Code 2008, § 94-103; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-5. Title. These regulations shall be known as the "Floodplain Management Ordinance of the City of Clermont." (Code 2008, § 94-11; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-6. Applicability. The provisions of this chapter shall apply to all development that is wholly within or partially within any flood hazard area, including, but not limited to, the subdivision of land, filling, grad- ing, and other site improvements and utility installations, construction, alteration, remodel- ing, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code, placement, installa- tion, or replacement of manufactured homes and manufactured buildings, installation or replace- ment of tanks, placement of recreational vehicles, installation of swimming pools, and any other development. (Code 2008, § 94-12; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-7. Intent. The purposes of this chapter and the flood load and flood -resistant construction require- ments of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize CD107:9 § 107-7 CLERMONT CODE public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of com- merce, access and public service during times of flooding; (2) Require the use of appropriate construc- tion practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or, erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by provid- ing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in 44 CRF 59.22. (Code 2008, § 94-13; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-8. Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. (Code 2008, § 94-14; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-9. Warning. The degree of flood protection required by this chapter and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of 44 CFR parts 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter. (Code 2008, § 94-15; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-10. Disclaimer of liability. This chapter shall not create liability on the part of the city council or by any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. (Code 2008, § 94-16; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-11. Conflict of provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Code 2008, § 94-20; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-12. Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the city, as established in section 107-13. (Code 2008, § 94-21; Ord. No. 2012-04-C, § 2, 12-11-2012) • • is CD 107:10 FLOODPLAIN MANAGEMENT § 107-62 0 • • Sec. 107-13. Basis for establishing flood hazard areas. The flood insurance study for the county and incorporated areas dated December 18, 2012, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRMs), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the city planning and development services department. (Code 2008, § 94-22; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-14. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations pursuant to this chapter, the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a state -licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area. (Code 2008, § 94-23; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-15. Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law. (Code 2008, § 94-24; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-16. Abrogation and greater restrictions. This chapter supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances, includ- ing, but not limited to, land development regula- tions, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this chapter and any other ordinance, the more restrictive shall govern. This chapter shall not impair any deed restric- tion, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter. (Code 2008, § 94-25; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-17. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city council; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Code 2008, § 94-26; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-18-107-37. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY Secs. 107-38-107-62. Reserved. CD107:11 § 107-63 DIVISION 2. FLOODPLAIN ADMINISTRATOR Sec. 107-63. Designation. CLERMONT CODE The engineering director is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees. (Code 2008, § 94-30; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-64. General authority. The floodplain administrator is authorized and directed to administer and enforce the provi- sions of this article. The floodplain administra- tor shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this article without the granting of a variance pursuant to division 6 of this article. (Code 2008, § 94-31; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-65. Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new develop- ment will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the require- ments of this article; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundar- ies, a person contesting the determina- tion shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the building official to ensure that applications, plan reviews, and inspec- tions for buildings and structures in flood hazard areas comply with the applicable provisions of this article. (Code 2008, § 94-32; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-66. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improve- ment of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work, in the case of repair, the market value of the building • • CD107:12 FLOODPLAIN MANAGEMENT § 107-70 0 • • or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improve- ment, the cost to repair a damaged build- ing to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction require- ments of the Florida Building Code and this article is required. (Code 2008, § 94-33; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-67. Modifications of the strict application of the require- ments of the Florida Building Code. The floodplain administrator shall review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to division 6 of this article. (Code 2008, § 94-34; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-68. Notices and orders. Sec. 107-69. Inspections generally. The floodplain administrator shall make the required inspections as specified in division 5 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect flood hazard areas to determine if develop- ment is undertaken without issuance of a permit. (Code 2008, § 94-36; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-70. Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including, but not limited to: (1) Establish, in coordination with the build- ing official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 107- 66; (2) Require that applicants proposing altera- tion of a watercourse notify adjacent communities and the state division of emergency management, state floodplain management office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information neces- sary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations, such submissions shall be made within six months of such data becoming available; The floodplain administrator shall coordinate (4) Review required design certifications and with appropriate local agencies for the issuance documentation of elevations specified by of all necessary notices or orders to ensure this article and the Florida Building compliance with this article. Code to determine that such certifica- (Code 2008, § 94-35; Ord. No. 2012-04-C, § 2, tions and documentations are complete; 12-11-2012) and CD107:13 § 107-70 CLERMONT CODE (5) Notify the Federal Emergency Manage- ment Agency when the corporate boundar- ies of the city are modified. (Code 2008, § 94-37; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-71. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this article and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps, letters of change, records of issuance of permits and denial of permits, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage, required design certifications and documenta- tion of elevations specified by the Florida Build- ing Code and this article, notifications to adjacent communities, FEMA, and the state related to alterations of watercourses, assurances that the flood carrying capacity of altered watercourses will be maintained, documentation related to appeals and variances, including justification for issuance or denial, and records of enforcement actions taken pursuant to this article and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the city plan- ning and development services department. (Code 2008, § 94-38; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-72-107-100. Reserved. DIVISION 3. PERMITS Sec. 107-101. Permits required. Any owner or owner's authorized agent, hereinafter "applicant," who intends to undertake any development activity within the scope of this article, including buildings, structures and facili- ties exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official if applicable, and shall obtain the required permits and approvals. No such permit or approval shall be issued until compliance with the require- ments of this article and all other applicable codes and regulations has been satisfied. (Code 2008, § 94-50; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-102. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this article for any development activities not subject to the require- ments of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit or approval is required in addition to a building permit. (Code 2008, § 94-51; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-103. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regula- tions for participation in the National Flood Insurance Program, 44 CFR parts 59 and 60, floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the require- ments of this article: (1) Railroads and ancillary facilities associ- ated with the railroad. (2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. • • CD 107:14 FLOODPLAIN MANAGEMENT § 107-107 0 • (5) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the genera- tion, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this subsec- tion, the term "chickee" means an open - sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the department of corrections to any prisoner in the state correctional system. (9) Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps. (Code 2008, § 94-52; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-104. Application for a permit or approval. To obtain a floodplain development permit or approval, the applicant shall first file an applica- tion in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval; (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site; (3) Indicate the use and occupancy for which the proposed development is intended; (4) Be accompanied by a site plan or construc- tion documents as specified in division 4 of this article; (5) State the valuation of the proposed work; (6) Be signed by the applicant or the applicant's authorized agent; (7) Give such other data and information as required by the floodplain administrator. (Code 2008, § 94-53; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-105. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this article shall not be construed to be a permit for, or approval of, any violation of this article, the Florida Building Code, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions. (Code 2008, § 94-54; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-106. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. (Code 2008, § 94-55; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-107. Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or CD107:15 § 107-107 CLERMONT CODE incomplete information, or in violation of this article or any other ordinance, regulation or requirement of this community. (Code 2008, § 94-56; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-108. Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted develop- ment, including, but not limited to, the following: (1) The St. Johns River Water Management District, F.S. § 373.036. (2) Florida Department of Health for onsite sewage treatment and disposal systems, F.S. § 381.0065 and F.A.C. ch. 64E-6. (3) Florida Department of Environmental Protection for activities subject to the joint coastal permit, F.S. § 161.055. (4) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers, section 404 of the Clean Water Act (33 USC 1344). (5) Federal permits and approvals. (Code 2008, § 94-57; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Secs. 107-109-107-129. Reserved. DIVISION 4. SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 107-130. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed develop- ment: (1) Delineation of flood hazard areas, flood - way boundaries and flood zones, base flood elevations, and ground elevations if necessary for review of the proposed development; (2) Where base flood elevations, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with section 107-130(2) or (3); (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with section 107-130(1); (4) Location of the proposed activity and proposed structures, and locations of exist- ing buildings and structures; (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation; (6) Where the placement of fill is proposed, the amount, type, and source of fill mate- rial, compaction specifications, a descrip- tion of the intended purpose of the fill areas, and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose; (7) Existing and proposed alignment of any proposed alteration of a watercourse. The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed develop- ment is such that the review of such submissions is not necessary to ascertain compliance with this article. (Code 2008, § 94-60; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) is • CD107:16 FLOODPLAIN MANAGEMENT § 107-132 0 • • Sec. 107-131. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall: (1) (2) (3) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reason- ably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the develop- ment, provided there is no evidence indicating flood depths have been or may be greater than two feet; (4) Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a state -licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. (Code 2008, § 94-61; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-132. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a state -licensed engineer for submis- sion with the site plan and construction docu- ments: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations, where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as speci- fied in section 107-133 and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrates that the cumulative effect of the proposed develop- ment, when combined with all other exist- ing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This require- ment does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be CD107:17 § 107-132 CLERMONT CODE maintained in a manner which preserves the channel's flood -carrying capacity, the applicant shall submit the analysis to FEMA as specified in section 107-133. (Code 2008, § 94-62; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-133. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a state -licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. (Code 2008, § 94-63; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-134-107-164. Reserved. DIVISION 5. INSPECTIONS Sec. 107-165. General requirement. Development for which a floodplain develop- ment permit or approval is required shall be subject to inspection. (Code 2008, § 94-70; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-166. Development other than buildings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of this article and the conditions of issued floodplain development permits or approv- als. (Code 2008, § 94-71; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-167. Buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compli- ance with the requirements of this article and the conditions of issued floodplain development permits or approvals. (Code 2008, § 94-72; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-168. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construc- tion, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator: (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a state -licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 107-131(3)b, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. (Code 2008, § 94-73; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-169. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator a final certification of elevation of the lowest floor or final documenta- tion of the height of the lowest floor above the • • CD107:18 • • FLOODPLAIN MANAGEMENT § 107-199 highest adjacent grade, such certifications and documentations shall be prepared as specified in section 107-168. (Code 2008, § 94-74; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-170. Manufactured homes. The building official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this article and the conditions of the issued permit. Upon placement of a manufactured home, certification of the eleva- tion of the lowest floor shall be submitted to the building official. (Code 2008, § 94-75; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-171-107-193. Reserved. DIVISION 6. VARIANCES AND APPEALS Sec. 107-194. Requests for variances. The city council shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursu- ant to F.S. § 553.73(5), the city council shall hear and decide on requests for appeals and requests for variances from the strict application of the flood -resistant construction requirements of the Florida Building Code. (Code 2008, § 94-80; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-195. Requests for appeals. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administra- tion and enforcement of this article. Any person aggrieved by the decision of the city council may appeal such decision to the circuit court, as provided by state statutes. (Code 2008, § 94-81; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-196. Limitations on authority to grant variances. The city council shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 107-200, the conditions of issuance set forth in section 107-201, and the comments and recommendations of the floodplain administra- tor and the building official. The city council has the right to attach such conditions as it deems necessary to further the purposes and objectives of this article. (Code 2008, § 94-82; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-197. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 107-132. (Code 2008, § 94-83; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-198. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the excep- tion to the flood resistant construction require- ments of the Florida Building Code, Existing Building, ch. 12, Historic Buildings, upon a determination that the proposed repair, improve- ment, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum neces- sary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the require- ments of the Florida Building Code. (Code 2008, § 94-84; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-199. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement neces- CD107:19 § 107-199 CLERMONT CODE nary for the conduct of a functionally dependent use, as defined in this article, provided the variance meets the requirements of section 94-83, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (Code 2008, § 94-85; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-200. Considerations for issuance of variances. In reviewing requests for variances, the city council shall consider all technical evaluations, all relevant factors, and all other applicable provisions of the Florida Building Code, this article, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed develop- ment, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the com- munity; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed develop- ment with existing and anticipated development; (7) The relationship of the proposed develop- ment to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (Code 2008, § 94-86; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-201. Conditions for issuance of variances. Variances shall be issued only upon the follow- ing: (1) Submission by the applicant, of a show- ing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards; (2) Determination by the city council that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelop- able, increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and C. The variance is the minimum neces- sary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk • • C� CD107:20 FLOODPLAIN MANAGEMENT § 107-250 0 �J • of the court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood eleva- tion and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, up to amounts as high as $25.00 for $100.00 of insur- ance coverage, and stating that construc- tion below the base flood elevation increases risks to life and property. (Code 2008, § 94-87; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-202-107-225. Reserved. DIVISION 7. VIOLATIONS Sec. 107-226. Development performed without a permit, in conflict with a permit, or not in full compliance declared/ presumed to be in violation. Any development that is not within the scope of the Florida Building Code but that is regulated by this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this article, shall be deemed a violation of this article. A building or structure without the documenta- tion of elevation of the lowest floor, other required design certifications, or other evidence of compli- ance required by this article or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. (Code 2008, § 94-90; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-227. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this article and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. (Code 2008, § 94-91; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-228. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law and section 115 of the Florida Building Code. (Code 2008, § 94-92; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-229-107-249. Reserved. ARTICLE III. FLOOD RESISTANT DEVELOPMENT DIVISION 1. GENERALLY Sec. 107-250. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 107-103, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction require- ments of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the require- ments of division 7 of this article. (Code 2008, § 94-104; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) CD107:21 § 107-251 Secs. 107-251-107-278. Reserved. DIVISION 2. SUBDIVISIONS Sec. 107-279. Minimum requirements. CLERMONT CODE Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards, in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (Code 2008, § 94-105; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-280. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivi- sions, lies within a flood hazard area, the follow- ing shall be required: (1) Delineation of flood hazard areas, flood - way boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (2) Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the flood insurance rate map, the base flood elevations determined in accordance with section 107-131(1); and (3) Compliance with the site improvement and utilities requirements of division 3 of this article. (Code 2008, § 94-106; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Secs. 107-281-107-308. Reserved. DIVISION 3. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 107-309. Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards, in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (Code 2008, § 94-107; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-310. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants, includ- ing all pumping stations and collector systems, and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in F.A.C. ch. 64E-6 and ASCE 24 ch. 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems. (Code 2008, § 94-108; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-311. Water supply facilities. All new and replacement water supply facili- ties shall be designed in accordance with the water well construction standards in F.A.C. 62-532.500 and ASCE 24 ch. 7 to minimize or eliminate infiltration of floodwaters into the systems. (Code 2008, § 94-109; Ord. No. 2012-04-C, § 2, 12-11-2012) • • • CD107:22 FLOODPLAIN MANAGEMENT § 107-349 0 • • Sec. 107-312. Limitations on sites in regulatory floodways. No development, including, but not limited to, site improvements, and land disturbing activity involving fill or re -grading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in section 107- 132(1) demonstrates that the proposed develop- ment or land disturbing activity will not result in any increase in the base flood elevation. (Code 2008, § 94-110; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-313. Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid draw - down of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures, Zone A only, fill shall comply with the requirements of the Florida Building Code. (Code 2008, § 94-111; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-314-107-344. Reserved. DIVISION 4. MANUFACTURED HOMES Sec. 107-345. General installation and compliance. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249 and shall comply with the requirements of F.A.C. ch. 15C-1 and the requirements of this article. (Code 2008, § 94-112; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-346. Foundations. All new manufactured homes and replace- ment manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential section R322.2 and this article. Foundations for manufactured homes subject to section 107-350 are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (Code 2008, § 94-113; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-347. Anchoring All new manufactured homes and replace- ment manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addi- tion to applicable state and local anchoring requirements for wind resistance. (Code 2008, § 94-114; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-348. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with section 107-349 or 107-350, as applicable. (Code 2008, § 94-115; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-349. General elevation require- ment. Unless subject to the requirements of section 107-350(2), all manufactured homes that are placed, replaced, or substantially improved on sites located: (1) Outside of a manufactured home park or subdivision; (2) In a new manufactured home park or subdivision; (3) In an expansion to an existing manufactured home park or subdivision; or CD107:23 § 107-349 CLERMONT CODE (4) In an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood; shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood ha�card area, in the Florida Building Code, Residential section R322.2, Zone A. (Code 2008, § 94-116; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-350. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to section 107-349, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either: (1) The bottom of the frame of the manufactured home is at or above the elevation required in the Florida Build- ing Code, Residential section R322.2, Zone A; or (2) The bottom of the frame is supported by reinforced piers or other foundation ele- ments of at least equivalent strength that are not less than 36 inches in height above grade. (Code 2008, § 94-117; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-351. Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential section R322.2 for such enclosed areas. (Code 2008, § 94-118; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-352. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential section R322. (Code 2008, § 94-119; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-353-107-377. Reserved. DIVISION 5. RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 107-378. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecu- tive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanent attach- ments such as additions, rooms, stairs, decks and porches. (Code 2008, § 94-120; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-379. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 107-378 for temporary placement shall meet the require- ments of division 4 of this article for manufactured homes. (Code 2008, § 94-121; Ord. No. 2012-04-C, § 2, 12-11-2012) Seca 107-380-107-401. Reserved. DIVISION 6. TANKS Sec. 107-402. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse • • • CD 107:24 FLOODPLAIN MANAGEMENT § 107-425 0 • or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. (Code 2008, § 94-122; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-403. Aboveground tanks —Not elevated. Aboveground tanks that do not meet the elevation requirements of section 107-404 shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. (Code 2008, § 94-123; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-404. Aboveground tanks — Elevated. Aboveground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the founda- tion requirements of the applicable flood hazard area. (Code 2008, § 94-124; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-405. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. (Code 2008, § 94-125; Ord. No. 2012-04-C, § 2, 12-11-2012) Secs. 107-406-107-423. Reserved. DIVISION 7. OTHER DEVELOPMENT Sec. 107-424. General requirements for other development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of section 107-312 if located in a regulated floodway; (3) Be anchored to prevent flotation, col- lapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage -resistant materials; and (5) Have mechanical, plumbing, and electri- cal systems above the design flood eleva- tion or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electri- cal part of building code for wet loca- tions. (Code 2008, § 94-126; Ord. No. 2012-04-C, § 2, 12-11-2012; Ord. No. 2020-23, § 2, 5-26-2020) Sec. 107-425. Fences in regulated flood - ways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 107-312. (Code 2008, § 94-127; Ord. No. 2012-04-C, § 2, 12-11-2012) CD 107:25 § 107-426 CLERMONT CODE Sec. 107-426. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 107-312. (Code 2008, § 94-128; Ord. No. 2012-04-C, § 2, 12-11-2012) Sec. 107-427. Roads and watercourse crossings in regulated flood - ways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 107-312. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the require- ments of section 107-132(3). (Code 2008, § 94-129; Ord. No. 2012-04-C, § 2, 12-11-2012) �J is • CD 107:26 • • • Chapter 108 RESERVED CD108:1 I is r� Chapter 109 HISTORIC PRESERVATION* Sec. 109-1. Legislative intent; findings. Sec. 109-2. Definitions. Sec. 109-3. Historic preservation committee composition. Sec. 109-4. Historic structure, historic site and historic district designation criteria. Sec. 109-5. Powers and duties. Sec. 109-6. Appeals. Sec. 109-7. Recognition of historic structures, sites and districts. Sec. 109-8. Procedures. Sec. 109-9. Interim control. Sec. 109-10. Penalties for violation. *State law reference —Historic resources, F.S. ch. 267. CD109:1 HISTORIC PRESERVATION § 109-3 0 Sec. 109-1. Legislative intent; findings. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people of the city. The purpose of this chapter is to: (1) Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the city's cultural, social, economic, political and architectural history. (2) Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts. (3) Stabilize and improve property values and enhance the visual and aesthetic character of the city by reviewing altera- tions and new construction on historic structures, sites and districts. (4) Protect and enhance the city's attrac- tions to residents, tourists and visitors, and serve as a support and stimulus to business and industry. (Code 1998, § 126-1; Code 2008, § 96-1; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Certificate of appropriateness means the certificate issued pursuant to this chapter approv- ing alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district. Committee means the historic preservation is committee created under this section. Historic district is an area designated by the city council on the recommendation of the com- mittee that contains two or more historic improve- ments or sites. Historic site means any parcel of land of historic significance due to a substantial value in the tracing the history of man, or upon which a historic event has occurred, and which has been designated as a historic site under this chapter or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated. Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as a historic structure pursuant to the provisions of this chapter. Improvement means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like. Noncontributing property means a building, site, structure or object which does not add to the historic architectural qualities, historic associa- tions; or archeological values for which a district is significant because it was not present during the period of significance to the district or due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity. (Code 1998, § 126-2; Code 2008, § 96-2; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-3. Historic preservation commit- tee composition. (a) A historic preservation committee is hereby created, consisting of seven members. Said members shall reside within the city and the committee shall be comprised of, to the extent practicable as follows: a registered architect, a historian, a real estate broker, a licensed contrac- tor, and three citizen members. Each member CD109:3 § 109-3 CLERMONT CODE shall have, to the highest extent practical, a known interest in historic preservation. The city council shall appoint the members of this com- mittee at the first regular meeting of the city council each year. (b) Terms of office of the members shall be two years, except that the terms of three of the original members of the board shall expire after the first year. No person shall serve more than two consecutive two-year terms on the commit- tee. Vacancies shall be filled by the city council. When a vacancy occurs during a term of office, the person selected shall be appointed for the unexpired portion of the term. (c) The committee shall each year elect members to serve as chairperson and vice - chairperson. The chairperson shall preside at meetings of the committee and shall have the right to vote. The chairperson shall be the spokesman for the committee in presenting its policy to the public. In the absence of the chairperson, the vice -chairperson shall perform the duties of the chairperson. (d) The city manager, and through the manager's direction, all subordinate officers and employees, the city attorney and city clerk shall provide as staff assistance to the committee. (e) The committee shall meet at least once a month with advance notice given and an agenda available prior to the meeting. The chairperson may cancel a regularly scheduled meeting if there is no business or quorum to conduct the meeting. All meetings of the committee shall be open to the public and applicants shall be given notice of the committee's meetings and its deci- sion on their application. (f) The committee shall adopt and make public rules for the transaction of its business. A quorum shall consist of a majority of the commit- tee. A majority of those present shall be required for decisions involving recommendations on the designation of landmarks, landmark sites, historic districts, and for approval and denial of applica- tions for certificates of appropriateness for structures, sites or areas. (g) The committee shall prepare and maintain minutes of its meetings. (Code 1998, § 126-3; Code 2008, § 96-3; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-4. Historic structure, historic site and historic district designa- tion criteria. (a) For purposes of this chapter, a historic structure, site or district designation may be placed on any site, natural or improved, includ- ing any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the city such as historic structures, sites or districts which: (1) Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; (2) Are identified with historic personages or with important events in national, state, or local history; (3) Embody the distinguishing characteristics of an architectural type or specimen inher- ently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; (4) Are representative of the notable work of a master builder, designer, or architect who influenced an age; or (5) Have yielded, or are likely to yield, information important to history. (b) The committee shall recommend specific operating guidelines for historic structure, historic site and historic district designations provided such are in conformance with the provisions of this chapter. The city council may adopt, modify or periodically amend these guidelines by resolu- tion of the council. (Code 1998, § 126-4; Code 2008, § 96-4; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-5. Powers and duties. (a) Designation. The committee shall have the power, subject to this section, to recommend to the city council designation of historic • is • CD 109:4 HISTORIC PRESERVATION § 109-5 structures, historic sites and historic districts relationship of solids to voids cre- within the city limits. Such designations shall be ated by openings in the exterior, the made based on the content of section 109-4 and texture inherent in the exterior, the the guidelines adopted thereunder. Once colors, pattern and trim used on the designated, sites and districts shall be subject to exterior, and the design of the roof all of the provisions of this chapter. If the The site and landscape plan shall property owners is not the applicant for designa- be sensitive to the individual build- tion of a structure, site or district, then the ing, its occupants and needs, and committee shall give the affected property owners shall be visually compatible with prior written notice of committee designation of the buildings and environment with the structure, site or district at least 20 days which it is visually related. To the prior to any such designation. extent possible, architectural (b) Regulation of construction, reconstruction, features shall be incorporated to alteration and demolition. relate the new improvement or structure with the old and to (1) No owner or person in charge of a historic preserve and enhance the structure, historic site or structure within characteristics of the district or a historic district shall reconstruct, alter structure. or demolish all or any part of the exterior b. Alterations to existing buildings, of such property or construct any improve- structures or sites shall follow the ment upon such designated property or criteria in this section insofar as properties or cause or permit any such applicable to the historic work to be performed upon such property characteristics of the building, or demolish such property unless a structure, or site and the buildings, certificate of appropriateness has been is structures or sites visually related granted by the historic preservation com- to it. Alterations shall not affect the mittee. Until such certificate has been architectural quality or historic granted by the committee, the building character of the building, structure official shall not issue a permit for any or site, but shall, to the extent such work. possible, maintain or restore the (2) The committee shall adopt rules prescrib- historic design and condition. ing the procedure for making and review- Exterior signs or interior signs ing applications for a certificate of clearly visible from the exterior shall appropriateness and the form and content be compatible with the buildings thereof. and environment with which they (3) The following criteria shall be the basis are visually related and may be on which the committee approves or disap- required to be modified in the proves an application for a certificate of certificate of appropriateness by the appropriateness, depending on the nature committee, notwithstanding other of the exterior alteration: land development code provisions allowing more or different signage. a. New construction shall be visually C. compatible with the buildings and Reconstruction of a building or environment with which it is visu- structure damaged by fire, storm or ally related, including, but not other catastrophe shall be reviewed limited to, the height, the floor -to- by the board according to the criteria area ratio, the proportion between in this chapter prior to demolition width and height of the exterior, the or reconstruction. proportions and relationships d. Demolition shall not be permitted if between doors and windows, the the building or structure has historic CD 109:5 § 109-5 CLERMONT CODE or architectural significance or is important to the historic district and the structure has not been destroyed to the extent of 50 percent or more of the replacement value. In the case of a request for demoli- tion of a deteriorated building or structure, if any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair, the hardship should not be considered grounds for approval of the certificate of appropriateness. e. Minor changes which do not involve the physical alteration of a building structure and ordinary maintenance or minor repairs in roofing, siding, windows, railings and doors shall not require a certificate of appropriateness. Alterations, reconstruction, demolition and relocation of noncontributing structures shall not require a certificate of appropriateness but do require review by the committee. f. If the committee determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the certificate of appropriateness. The committee shall make this deci- sion within 45 days of the filing of the complete application. g. The issuance of the certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid and may be canceled if it is obtained without the presentation of the certificate of appropriateness required for the proposed work. h. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance and, provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit. (Code 1998, § 126-5; Code 2008, § 96-5; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-6. Appeals. Should the committee either fail to issue or deny a certificate of appropriateness due to the failure of the proposal to conform to this chapter or the guidelines, or impose conditions in the certificate of appropriateness that are objection- able to the applicant, then the applicant may appeal the decision of the committee to the city council within 30 days. In addition, if the com- mittee fails to issue a certificate of appropriate- ness, the committee shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this chapter. (Code 1998, § 126-6; Code 2008, § 96-6; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-7. Recognition of historic structures, sites and districts. At such time as a historic structure, site or district has been properly designated, the com- mittee, in cooperation with the property owner, may cause to be erected on such property, at the city's expense, a plaque declaring that such property is a historic structure, site or district. (Code 1998, § 126-7; Code 2008, § 96-7; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-8. Procedures. (a) Designation of historic sites, historic structures and historic districts. (1) The committee may, after notice, recom- mend at a public meeting a historic structure, historic site or historic district for designation under this chapter, or • • 11 CD 109:6 HISTORIC PRESERVATION § 109-10 0 • decline such designation, or rescind such designation. Any such recommendation by the committee shall be forwarded to the city council. At least ten days prior to such hearing, on an application for historic designation, the committee shall notify the owners of record of the property based upon ownership records maintained by the county property appraiser and owners of property situated within 200 feet of the boundaries of the property affected. (2) The committee shall then conduct the public hearing and may hear expert wit- nesses and interested citizens, and the applicant, and may secure records as it deems necessary. The committee may conduct an independent investigation into the proposed designation or rescission. (3) For historic districts, the historic preserva- tion committee shall prepare a historic preservation plan for each area. A historic district may be designated for any geographic area of particular historic, architectural, archeological, or cultural significance to the city, and the commit- tee shall utilize the criteria in section 109-4. Each historic preservation plan prepared for or by the historic preserva- tion committee shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives. Any such plan should be reviewed by the land planning agency and shall be effec- tive when adopted by the city council. The committee may, after notice and public hearing, recommend designation of historic structures, historic sites and historic districts or rescind recommenda- tion, after application of the criteria in this chapter and, if applicable, the historic preservation plan. (b) Review and adoption procedures. (1) The city council, upon receipt of the recommendations from the historic preservation committee, shall hold a public hearing to designate or reject the historic site, structure or district or to consider adoption of the historic preservation plan prepared for that district, and thereafter direct the implementation of such plan. (2) After the recommendation by the commit- tee and subsequently by the city council, notification of any designation shall be sent to the property owner. Notification shall also be given to the city clerk, the county building department, the city plan- ning and zoning commission and the county property appraiser. The designa- tion or rescission shall be recorded, at city expense, in the county public records where deeds are recorded. (Code 1998, § 126-8; Code 2008, § 96-8; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-9. Interim control. No building permit shall be issued by the building inspector for alteration, demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the historic preservation committee at which a nomination form is first presented until final disposition of the nomination by the historic preservation committee or city council, unless such alteration, removal or demolition is authorized by action of the city council as neces- sary for the public health, welfare and safety, but in no event shall the delay in the public hearing be for more than 60 days. (Code 1998, § 126-9; Code 2008, § 96-9; Ord. No. 308-C, § 1, 7-10-2001) Sec. 109-10. Penalties for violation. This chapter may be enforced in the alterna- tive. A violation may be enforced as a violation of this land development code and punished pursu- ant to section 1-7 or by injunctive relief or by referral to the code enforcement board created pursuant to F.S. ch. 162. In addition, the city may utilize the citation authority conferred by F.S. chs. 162 and 166. If the city uses the citation authority, any person violating any provision of this section shall be fined $50.00 for each separate violation. Each and every day during which a CD109:7 § 109-10 CLERMONT CODE violation continues shall be deemed a separate offense. Notice of violations shall be issued by the code enforcement officer. (Code 1998, § 126-10; Code 2008, § 96-10; Ord. No. 308-C, § 1, 7-10-2001) • • • CD 109:8 C� • • Chapter 110 RESERVED CD110:1 I u • • Chapter 111 IMPACT FEES Sec. 111-1. Purpose. Sec. 111-2. Required. Sec. 111-3. Definitions. Sec. 111-4. Impact fee schedule. Sec. 111-5. Special study option. Sec. 111-6. Payment. Sec. 111-7. Credits. Sec. 111-8. Use of funds. Sec. 111-9. Restricted accounts and annual audit. CD111:1 IMPACT FEES § 111-4 0 Sec. 111-1. Purpose. This chapter is adopted for the purpose of promoting the health, safety and general welfare of the residents of the city by: (1) Requiring new development to pay its proportionate fair share of the capital costs necessary to accommodate new development impacts on parks and recreation, police protection, fire protec- tion and water and wastewater treat- ment. (2) Implementing the comprehensive plan to help ensure that adequate parks and recreation facilities, police protection, fire protection and water and wastewater treatment facilities are available in a timely and well -planned manner. (Code 1998, § 2-261; Code 2008, § 2-261; Ord. No. 282-C, § 2, 4-11-1995) Sec. 111-2. Required. Each person who shall apply for a city zoning clearance, building permit or change of use, shall pay impact fees in the manner and in the amount set forth in this chapter. Such fees shall be collected and used by the city only in such manner as set forth in this chapter. If there is a change of use, the highest impact fee shall be adhered to and credit for the less intense use may be credited toward the impact fee. New lower intense uses occupying a building shall not be allowed refunds of impact fees previously paid from a prior more intense use. (Code 1998, § 2-262; Code 2008, § 2-262; Ord. No. 282-C, § 3, 4-11-1995; Ord. No. 2011-03-C, § 2, 7-12-2011) Sec. 111-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: All -adult community means a community meet- ing all local, state and federal requirements for all -adult status, and having been approved by the city council as an all -adult development. Specific use studies may be required after the time of qualification, and, if such studies indicate a use greater than two-thirds of the use of nonqualified users within the city, the all -adult status may be revoked. Capital costs means planning, engineering, acquisition and construction costs of capital improvements, including debt service costs on bonded facilities, but not including routine maintenance costs or operational costs. Capital improvements means land acquisi- tion, site development, equipment or other facili- ties used to provide parks and recreation facilities, police protection, fire protection, and water and wastewater treatment facilities. Fee payer means a person required under this chapter to pay the impact fee. New development means any construction that creates one or more units, as provided in the schedule in section 111-4 of land use. For purposes of this chapter, the term "new development" excludes a replacement of or addition to any existing unit if no net new units are created. (Code 1998, § 2-263; Code 2008, § 2-263; Ord. No. 282-C, § 4, 4-11-1995; Ord. No. 293-C, § 1, 5-25-1999; Ord. No. 348-C, § 1, 11-8-2005) Sec. 111-4. Impact fee schedule. (a) The council hereby adopts and incorporates by reference the Utility and Municipal Impact Fee Study, dated December 20, 2013, and the fee schedule incorporated therein, a copy of which is attached hereto and incorporated herein as appendix A and is available from the city clerk. (b) If a development approval is requested for a development with mixed unit type, then the fee shall be computed by calculating the number of units of each type and multiplying the results by the appropriate fees on the schedule. When a question arises about which types on the schedule shall apply to the development, the city manager shall determine which comparable land use type shall apply, or if there is not a comparable land use, then a special study shall be required. CD 111:3 § 111-4 CLERMONT CODE (c) The schedule shall be reviewed periodi- cally and revised as necessary to reflect new data and technical information that substantially affect the calculation of the proportionate fair share of capital costs represented by the schedule. (d) All impact fees set forth in the ordinance from which this section derives shall be increased annually due to inflation or other such factors, in order to ensure adequate capital recovery of facility costs. Unless the city council approves otherwise, the adjustment shall be effective as of October 1 of each year and shall be equal to the then current index pursuant to the Engineering News Record (ENR) construction cost index. (Code 1998, § 2-264; Code 2008, § 2-264; Ord. No. 282-C, § 5, 4-11-1995; Ord. No. 293-C, § 2, 5-25-1999; Ord. No. 348-C, § 2, 11-8-2005; Ord. No. 2014-01, § 1, 1-28-2014) Sec. 111-5. Special study option. (a) A special study may be used to compute any impact fee: (1) At the option of the fee payer, prior to the issuance of a building permit or develop- ment approval and in the event that the fee payer believes that the impact of the development is less than that assumed under the impact fee schedule; (2) If the city manager determines that the location, intensity or unusual nature of the use indicates that impacts on parks and recreation, police protection, fire protection or water and wastewater treat- ment facilities will be substantially higher than those assumed in the fee schedule; or (3) If the use is not on the schedule and the city manager determines that a special study is required. (b) The fee payer shall be responsible for the preparation of the special study, which shall follow the methodology and factors contained in the Utility and Municipal Impact Fee Study, dated September-19, 2005, and in a format approved by the city manager. The city manager shall accept, reject or modify the fee calculated by the special study and notify the fee payer in writing of the manager's determination. (c) Any determination made by the city manager under this section may be appealed to the city council. The council shall review the determination at a regular meeting of the council and shall provide an opportunity for the fee payer and the city manager to address the council. The city council shall make its decision on the fee due under this section based on the following criteria: (1) The fee represents a proportionate fair share of the costs of providing capital improvements whose need is created by new development; (2) The calculation of the fee is based on established methodologies for calculat- ing the proportionate fair share consider- ing any appropriate local factors; and (3) The decision is compatible with and furthers the comprehensive plan. (Code 1998, § 2-265; Code 2008, § 2-265; Ord. No. 282-C, § 6, 4-11-1995; Ord. No. 348-C, § 3, 11-8-2005) Sec. 111-6. Payment. The fee payer shall pay the impact fee to the city in an office to be designated by the city manager, which office shall record receipt of the fee in the official public record of the city and, upon full payment of the fee, shall issue to the fee payer a certified copy of such record of receipt, which may be used by the fee payer as evidence of payment. (Code 1998, § 2-266; Code 2008, § 2-266; Ord. No. 282-C, § 7, 4-11-1995) Sec. 111-7. Credits. (a) Any conveyance of land or construction received and accepted by the city council from a fee payer shall be credited against the applicable impact fee due if the conveyance or construction meets the same needs as the impact fee and is consistent with the comprehensive plan. • • �J CD111:4 IMPACT FEES § 111-9 0 • • (b) If the fee payer wishes to receive credit against the amount of the impact fee due for such conveyance or construction, the fee payer shall enter into a fee agreement with the city council. The fee agreement shall provide for the establishment of credits and payment of the fee in a specified manner and time. (c) The value of land conveyed or facilities constructed by a fee payer and accepted by the city for purposes of this chapter shall be determined by an appraisal based on the fair market value of the land or facilities as established by the city. Any land awarded credit under this chapter shall be conveyed in fee simple no later than the time at which the impact fee is required to be paid. (d) The portion of the impact fee represented by a credit for construction shall be deemed paid when the construction is completed and accepted by the city for maintenance or when adequate security for the completion of the construction has been provided. Construction shall be in accordance with city design standards. (Code 1998, § 2-267; Code 2008, § 2-267; Ord. No. 282-C, § 8, 4-11-1995) Sec. 111-8. Use of funds. Impact fees paid under the provisions of this chapter shall be used by the city exclusively for the purpose of providing capital improvements to meet the demand created by new develop- ment. (Code 1998, § 2-268; Code 2008, § 2-268; Ord. No. 282-C, § 9, 4-11-1995) Sec. 111-9. Restricted accounts and annual audit. (a) The city shall establish a restricted account within a city fund for recreation facility impact fees into which all park and recreation fees collected under this chapter shall be paid and from which all disbursements shall be made only in accordance with the purposes of this chapter. (b) The city shall establish a restricted account within a city fund for police protection facility impact fees into which all police protection fees collected under this chapter shall be paid and from which all disbursements shall be made only in accordance with the purposes of this chapter. (c) The city shall establish a restricted account within a city fund for fire protection facility impact fees into which all fire protection fees collected under this chapter shall be paid and from which all disbursements shall be made only in accordance with the purposes of this chapter. (Code 1998, § 2-269; Code 2008, § 2-269; Ord. No. 282-C, § 10, 4-11-1995) CD 111:5 • �J • Chapter 112 RESERVED CD112:1 0 • • Chapter 113 MISCELLANEOUS PROVISIONS Article I. In General Secs. 113-1-113-18. Reserved. Article II. Adult Entertainment Code Division 1. Generally Sec. 113-19. Title. Sec. 113-20. Definitions. Sec. 113-21. Authority. Sec. 113-22. Purpose. Sec. 113-23. Findings of fact. Sec. 113-24. Construction and severability. Sec. 113-25. Immunity from prosecution. Secs. 113-26-113-44. Reserved. Division 2. General Requirements for Adult Entertainment Establishments Sec. 113-45. Conformance and maintenance standards generally. Sec. 113-46. Adult bookstores. Sec. 113-47. Adult motion picture theaters. Sec. 113-48. Adult performance establishment. Sec. 113-49. Records and inspection of records. Sec. 113-50. Enforcement and penalties. Sec. 113-51. Prohibited acts. Secs. 113-52-113-70. Reserved. Division 3. Location Restrictions Sec. 113-71. Locational criteria. Sec. 113-72. Measurement of distance. Sec. 113-73. Nonconforming uses. CD113:1 MISCELLANEOUS PROVISIONS § 113-20 ARTICLE I. IN GENERAL bouncer, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, reception - Secs. 113-1-113-18. Reserved. ist or attendant. Specified anatomical areas means: ARTICLE II. ADULT ENTERTAINMENT (1) Less than completely opaquely covered: CODE a. Human genitals or pubic region; b. Any part of the human buttocks; or DIVISION 1. GENERALLY C. Female breast. Sec. 113-19. Title. (2) Human male genitals in a discernibly turgid state, even if completely and This article shall be known as and may be opaquely covered. referred to as the "City of Clermont Adult (3) Any simulation of the above. Entertainment Code." (Code 2008, § 95-1; Ord. No. 374-C, § 2, 11-24- Specified sexual activity means: 2009) (1) Human genitals in a state of sexual stimulation or arousal; Sec. 113-20. Definitions. (2) Acts of human anilingus, bestiality, bug - The following words, terms and phrases, when gery, cunnilingus, coprophagy, copro- used in this article, shall have the meanings philia, fellation, flagellation, masochism, ascribed to them in this section, except where masturbation, necrophilia, pederasty, the context clearly indicates a different meaning: pedophilia, sadism, sadomasochism, sap- phism, sexual intercourse, sodomy or uro- Educational institution means a premises or lagnia; site upon which there is an institution of learn- (3) Fondling or other erotic touching of human ing for minors, whether public or private, which genitals, pubic region, buttock, anus or conducts regular classes and/or courses of study female breast; or required for eligibility to certification by, accredita- tion to, or membership in the state department (4) Excretory functions as part of or in con - of education, Southern Association of Colleges nection with any of the activities set and Secondary Schools, or the Florida Council of forth in subsection (1), (2) or (3) of this Independent Schools. The term "educational definition. institution" includes a premises or site upon Straddle dance, also known as "lap dance," which there is a nursery school, kindergarten, "face dance," or "friction dance," means either of elementary school, junior high school, senior the following acts at an establishment: high school, or any special institution of learn- ing. However, the term "educational institutional" (1) The use by a worker of any part of the does not include a premises or site upon which worker's body to touch the genital or there is a vocational institution, professional pubic region of another person, or the institution or an institution of higher education, touching of the genital or pubic region of including a community college, junior college, any worker to another person. It shall be four-year college or university. a "straddle dance" regardless of whether the "touch" or "touching" occurs while Operator means any person who engages in or the worker is displaying or exposing any performs any activity necessary to, or which specified anatomical area. It shall also facilitates the operation of an adult entertain- ment establishment, including, but not limited be a straddle dance regardless of whether the touch or touching is direct or indirect; to, the licensee, manager, owner, doorman, or CD 113:3 § 113-20 CLERMONT CODE (2) The straddling of the legs of a worker over any part of the body of another person at the establishment, regardless of whether there is a touch or touching. Worker means a person who works, performs, or provides services at an adult entertainment establishment, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, employees, independent contrac- tors, sub -contractors, lessees, or sub -lessees who work or perform at an adult entertainment establishment. (Code 2008, § 95-7; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-21. Authority. This article is enacted under the municipal home rule powers of the city in the interest of the health, peace, safety, morals, and general welfare of the citizens of the city and county and under the authority of city to regulate the sale and consumption of alcoholic beverages under the Twenty -First Amendment to the Constitution of the United States. (Code 2008, § 95-2; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-22. Purpose. The intent of the city council in adopting this article is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values and general welfare of the people, busi- nesses and industries of the city. It is not the intent of the council to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including F.S. ch. 847. (Code 2008, § 95-3; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-23. Findings of fact. Based on evidence and testimony presented at public hearings before the city council and on the findings incorporated in the United States Attorney General's Commission on Pornography; the publication titled "Protecting Communities from Sexually Oriented Businesses," by Len L. Munsil, Southwest Legal Press, Inc.; the publica- tion entitled "Local Regulation of Adult Busi- nesses," by Jules B. Gerard, West Group, Inc.; "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis, Janu- ary 1984; the publication entitled "Evidence of Secondary Adverse Effects of Sexually Oriented Businesses" prepared by the Florida Family Association, Inc. located in Tampa, Florida; the "Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses," by Peter R. Hecht, Ph.D.; the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (Min- nesota, June 6, 1989); and on the substance of and findings made or incorporated in studies accomplished in other communities and ordinances enacted in other communities, includ- ing, but not limited to, Phoenix, Arizona; Garden Grove, California; Los Angeles, California; Whit- tier, California; Indianapolis, Indiana; Min- neapolis, Minnesota; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; Seattle, Washington; Orange County, Florida; and Lake County, Florida; the city council hereby finds: (1) Establishments exist or may exist within the city where adult material constitutes a substantial portion of the material displayed, exhibited, distributed, rented or sold, or offered for rent or sale. (2) Establishments exist or may exist within the city and other nearby cities or coun- ties in Central Florida where adult entertainment activities in the form of nude, semi-nude, or topless dancers, entertainers, performers, or other individuals, who, for commercial gain, perform or are presented while display- ing or exposing specified anatomical areas or engage in straddle dancing or touch- ing the customers. (3) The activities described in subsections (1) and (2) of this section occur at establishments which operate primarily for the purpose of making a profit and, as such, are subject to regulation by the city • • • CD113:4 • MISCELLANEOUS PROVISIONS § 113-23 in the interest of the health, safety, economy, property values, and general welfare of the people, businesses, and industries of the city. A major industry which is important to the community's welfare is tourism by persons seeking to bring children to visit attractions and attend events who wish to stay in a community with a family atmosphere not dominated by commercialized sexual themes. (4) When the activities described in subsec- tions (1) and (2) of this section are pres- ent in establishments, other activities which are illegal, unsafe or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribu- tion and transportation of obscene materi- als, sale or possession of controlled substances, and violent crimes against persons and property. (5) When the activities described in subsec- tions (1) and (2) of this section are competitively exploited in establish- ments, they tend to attract an undesir- able number of transients, blight neighborhoods, adversely affect neighbor- ing businesses, lower real property values, promote the particular crimes described above, and ultimately lead residents and businesses to move to other locations. (6) The establishments in which the activi- ties described in subsections (1) and (2) of this section occur are often constructed, in part or in whole of substandard materi- als, maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior signs or appearances that lower the surrounding property values and contribute to urban decline. (7) The activities described in subsections 0 (1) and (2) of this section sometimes occur in establishments concurrent with the sale and consumption of alcoholic beverages which leads to a further increase in criminal activity, unsafe activ- ity, disturbances of the peace and order of the surrounding community, creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoin- ing real property harming the economic welfare of the surrounding community and adversely affecting the quality of life, commerce, and community environ- ment. (8) In order to preserve and safeguard the health, safety, property values and general welfare of the people, businesses, and industries of the city it is necessary and advisable for the city to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (1) and (2) of this section occur. (9) Physical contact or touching within establishments at which the activities described in subsections (1) and (2) of this section occur between workers exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of com- municable and social diseases. (10) In order to preserve and safeguard the health, safety and general welfare of the people of the city, it is necessary and advisable for the city to regulate the conduct of owners, managers, operators, agents, workers, entertainers, perform- ers, and customers at establishments where the activities described in subsec- tions (1) and (2) of this section occur. (11) Requiring operators of establishments at which the activities described in subsec- tions (1) and (2) of this section occur to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating CD 113:5 § 113-23 CLERMONT CODE the identification of potential witnesses or suspects, and by making it difficult for minors to work in such establishments. (12) Prohibiting establishments at which the activities described in subsections (1) and (2) of this section occur from operat- ing within set distances of educational institutions, religious institutions, residences, areas zoned or designated for residential use, and parks, at which minors are customarily found, will serve to protect minors from the adverse effects of the activities that accompany such establishments. (13) Straddle dancing, unregulated private performances, and enclosed adult booths in establishments at which the activities described in subsections (1) and (2) of this section occur have resulted in indiscriminate commercial sex between strangers and poses a threat to the health of the participants and promotes the spread of communicable and sexually transmitted diseases. Straddle dancing is primarily conduct rather than com- munication or speech. (14) Workers at adult entertainment establish- ments and sexually oriented businesses engage in a higher incidence of certain types of unhealthy or criminal behavior than workers of other establishments including a very high incidence of illegal prostitution or engaging in lewdness in violation of F.S. ch. 796, operation without business tax receipts, and illegal unlicensed massage. (15) The practice of not paying workers at sexually oriented businesses and requir- ing them to earn their entire income from tips or gratuities from their custom- ers who are predisposed to want sexual activity has resulted in an extremely high, nearly universal, incidence of prostitution and crimes related to lewd- ness by workers. (16) Sexually oriented businesses involve activities that are pure conduct engaged in for the purpose of making a profit, rather than speech or expressive activity and, therefore, are subject to and require increased regulation to protect the health, welfare and safety of the community. (17) Requiring sexually oriented businesses to post a listing of services provided and restrict services to those listed as well as maintaining worker records will discour- age incidents of criminal behavior such as lewdness and prostitution thereby further safeguarding the health of both workers and customers and will assist facilitating the identification of potential witnesses or suspects if criminal acts do occur. (18) A high incidence of lewd acts by custom- ers and lewd or obscene acts by workers occurs during private performances at adult entertainment establishments when such performances take place in an area not occupied by a group of customers and the performers and customers are confident that law enforcement person- nel will not identify them or observe their illegal activities. (Code 2008, § 95-4; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-24. Construction and severability. This chapter shall be liberally construed to accomplish its purpose of regulating and dispers- ing adult entertainment and related activities. Unless otherwise indicated, all provisions of this chapter shall apply equally to all persons, regard- less of sex. Additionally, if any portion of this chapter, or any application thereof is declared to be void, unconstitutional, or invalid for any reason, such portion or provision, or the applica- tion thereof, shall be severable from this chapter. The remaining portions and provisions of this chapter, and all applications thereof shall remain in full force and effect. No void, unconstitutional or invalid portion or proscribed provision, or application thereof, was an inducement to the enactment of this chapter. (Code 2008, § 95-5; Ord. No. 374-C, § 2, 11-24- 2009) • • CD113:6 MISCELLANEOUS PROVISIONS § 113-46 0 • • Sec. 113-25. Immunity from prosecution. Any law enforcement officer shall be immune from prosecution, civil or criminal, for reason- able, good faith trespass upon an adult entertain- ment establishment while acting within the scope of their authority. (Code 2008, § 95-6; Ord. No. 374-C, § 2, 11-24- 2009) Secs. 113-26-113-44. Reserved. DIVISION 2. GENERAL REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS Sec. 113-45. Conformance and maintenance standards gener- ally. Each adult entertainment establishment is subject to all of the following general require- ments and shall: (1) Conform to all applicable building, fire, health, zoning and land use statutes, codes, ordinances and regulations, whether federal, state or local. (2) Maintain a report of all persons who are workers, or who were workers at the establishment or for the adult entertain- ment business during the previous month, which report shall contain the actual legal name, date of birth, residential address and stage name, if any, of each worker. (3) Cover opaquely each window or other opening through which a person outside the establishment may otherwise see inside the establishment. (4) No exterior walls and/or surfaces of the establishment shall be painted in any manner that depicts or simulates any specified anatomical areas, or any por- tion of a male or female form at or below the clavicle. (5) Install, construct, keep, maintain or allow only those signs at the establishment which comply with the applicable sign ordinances and the provisions of this subsection. a. No sign shall contain any flashing lights, photographs, silhouettes, drawings or pictorial representa- tions except for the logo of the establishment, provided that the logo does not depict any specified anatomical areas, or any portion of a male or female form at or below the clavicle. b. No sign shall contain in the name or logo of the establishment, or otherwise, any words or material which depicts, describes, references or infers in any manner sexual activi- ties, specified anatomical areas, or the display of specified anatomical areas. C. The total signage for the establish- ment shall not exceed 25 percent of any type of signage (wall or ground). No window signage shall be allowed, other than that allowed in section 117-7(3), Exempt signs, or its suc- cessor, which allows for posting of hours of operation and emergency phone numbers, with a maximum size of two square feet. In no case shall the letter X be used. (6) Each entrance and exit shall remain unlocked when any customer is inside. (Code 2008, § 95-31; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-46. Adult bookstores. In addition to the general requirement for an adult entertainment establishment contained in section 113-45, an adult bookstore shall not display merchandise or adult material in a manner that allows such merchandise or adult material to be visible from outside the establishment. (Code 2008, § 95-32; Ord. No. 374-C, § 2, 11-24- 2009) CD113:7 § 113-47 CLERMONT CODE Sec. 113.47. Adult motion picture theaters. In addition to the general requirements for an adult entertainment establishment contained in section 113-45, an adult theater shall comply with each of the following special requirements: (1) If an adult motion picture theater contains a hall or auditorium area, the area shall have: a. Individual separate seats, not couches, benches or the like to accom- modate the number of persons allowed to occupy the area; b. A continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; C. A sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; and d. Sufficient illumination so that persons in all areas of the auditorium can be seen. (2) If adult motion picture theaters contain adult booths, each adult booth shall have: a. A sign posted in a conspicuous place at or near the entrance which states the maximum number of persons allowed to occupy the booth, which number shall correlate with the number of seats in the booth; b. A permanently open entrance not less than 32 inches wide and not less than six feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition. C. Individual, separate seats, not couches, benches or the like which correlate with the maximum number of persons who may occupy the booth; d. A well -illuminated continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; e. Except for the entrance, walls or partitions of solid construction without any holes or openings in such walls or partitions; and f. Illumination by a light bulb of no less than 25 watts. (3) If an adult motion picture theater is designed to permit outdoor viewing by customers seated in automobiles, it shall have the motion picture screen so situ- ated, or the perimeter of the establish- ment so fenced, that the material to be seen by those customers may not be seen by other persons from any public right- of-way, property zoned for residential use, religious institution, educational institution or park. (Code 2008, § 95-33; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-48. Adult performance establish- ment. In addition to the general requirements for an adult entertainment establishment contained in section 113-45, an adult performance establish- ment shall comply with each of the following special requirements: (1) Have a stage provided for the use by workers consisting of a permanent platform (or other similar permanent structure) raised a minimum of 18 inches above the surrounding floor and encompassing an area of at least 100 square feet; and (2) Any area in which a private performance occurs shall: a. Have a permanently open entrance not less than 32 inches wide and not �J • 1� u CD113:8 • • MISCELLANEOUS PROVISIONS § 113-49 less than six feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition. b. Have a wall, floor to ceiling parti- tion of solid construction without any holes or openings, which parti- tion may be completely or partially transparent, and which partition separates the worker from the customer viewing the private performance. C. Have video equipment which continuously records the customer and the performer during all performances. The videotape shall record the actual time and date of each performance on the recorded image. The videotape equipment shall be kept in good working order. Videotapes shall be maintained for at least 30 days after each performance and shall be made avail- able for inspection upon request by a law enforcement officer. d. Have a notice prominently posted within all customer areas which states as follows in at least three- inch high black or red bold capital letters on a white background: "THE CUSTOMER AND PERFORMER ARE BEING VIDEOTAPED DURING ALL PERFORMANCES AS REQUIRED BY CITY CODE SECTION 113-48." e. Not have any two-way mirrors, call- ing systems or other mechanisms or methods used to warn or forewarn a worker or customer inside the private performance area that another person is entering or may be about to enter the private performance area. f. Have at least one manager station configured and positioned in a manner that allows an unobstructed view from the station to every area in the adult performance establish- ment in which any worker performs and every area in which any customer is permitted to observe or interact with any worker. The view required by this subsection shall be by direct line of sight from the manager's station. Such view shall enable each worker and any customer to see the manager and vice -versa. Each manager's station shall be continuously staffed by a person designated as a manager during all performances and shall not be staffed by any adult entertain- ment performers. (Code 2008, § 95-34; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-49. Records and inspection of records. (a) An adult entertainment establishment shall maintain a worker record for each worker who currently works or performs at the establish- ment, and for each former worker who worked or performed at the establishment during the preced- ing one-year period. (1) The worker record shall contain the cur- rent or former worker's full legal name, including any aliases, and date of birth. (2) The worker record shall also describe the status of each worker (i.e., whether the worker is a paid employee, sublessee, independent contractor, etc.). (3) The worker record shall also contain a copy of any required city or county busi- ness tax receipt or adult entertainment license for any lessee, sub -lessee, independent contractor, or subcontractor who is not an employee of the adult entertainment establishment. (b) The original, or true and exact photocop- ies, of each required worker record, customer contract and daily register required by this article shall be kept available for inspection at the establishment at all times. CD113:9 § 113-49 CLERMONT CODE (c) Each operator of the establishment shall be responsible for knowing the location of the original, or true and exact copy, of each required worker record, customer contract and daily register and shall make available such records upon request of any law enforcement officer. (Code 2008, § 95-35; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-50. Enforcement and penalties. The provisions of this article may be enforced by a suit brought by the city in the circuit court to restrain, enjoin or prevent a violation of this chapter or by criminal prosecution as provided in the Code of Ordinances. (Code 2008, § 95-36; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-51. Prohibited acts. (a) Worker performance prohibitions. It shall be unlawful for a worker of an adult entertain- ment establishment to commit any of the follow- ing acts or for an operator of an adult entertainment establishment to knowingly or with reason to know, permit or allow any worker to commit any of the following acts: (1) Engage in straddle dancing with another person at the establishment. (2) Offer, contract or otherwise agree to engage in a straddle dance with another person at the establishment. (3) Engage in any specified sexual activity at the establishment. (4) Engage in nudity or display/expose any specified anatomical area at the establish- ment whether or not such establishment sells, offers for sale or allows consump- tion of alcoholic beverages. (5) Display or expose any specified anatomi- cal area while simulating any specified sexual activity with any other person at the establishment. (6) Engage in a private performance unless such worker is in an area which complies with the requirements of section 113-48. (7) Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breast of any female person. (8) Exception: Notwithstanding any provi- sion to the contrary, it shall not be unlaw- ful for any worker or operator of an adult entertainment establishment to expose any specified anatomical area during the worker's or operator's bona fide use of a restroom or dressing room which is used and occupied only by other workers or operators. (b) Touching of workers prohibited. It shall be unlawful for any person in an adult entertain- ment establishment to intentionally touch the clothed or unclothed breast of a worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee of the worker. (c) Advertising prohibited. It shall be unlaw- ful for any operator of an adult entertainment establishment to advertise, encourage, or promote any activity prohibited by this article or any applicable state statute or ordinance. (d) Minors prohibited. It shall be unlawful for an operator or worker of an adult entertainment establishment to knowingly, or with reason to know, permit or allow a person under 18 years of age to enter or remain in the establishment, purchase goods or services at the establishment or work or perform at the establishment. (e) Exceeding occupancy limits. It shall be unlawful for any person to occupy an adult booth in which booth there are more people than that specified on the posted sign required by this chapter. (f) Hours of operation. It shall be unlawful between the hours of 2:00 a.m. and 9:00 a.m. of any day of the week for: (1) An operator of an adult entertainment establishment to allow such establish- ment to remain open for business, or to allow or permit any worker to engage in is is is CD113:10 0 MISCELLANEOUS PROVISIONS § 113-71 a performance, solicit a performance, make 0) Operation in violation of chapter. It shall a sale, provide a service, or solicit a be unlawful for any adult entertainment establish - service. ment to operate in violation of any provision of this chapter. (2) A worker of an adult entertainment (Code 2008, § 95-37; Ord. No. 374-C, § 2, 11-24- establishment to engage in a performance, 2009) solicit a performance, make a sale, solicit a sale, provide a service or solicit a Secs. 113-52-113-70. Reserved. service. (g) Solicitation of personal advertising. It shall DIVISION 3. LOCATION RESTRICTIONS be unlawful for any worker of an adult entertain- Sec. 113-71. Locational criteria. ment establishment while situated outside any structure at the adult entertainment establish- In addition to those requirements for adult ment, or at a place at the adult entertainment entertainment establishments set forth in this establishment where the worker is visible from article, adult entertainment establishments shall any public right-of-way or sidewalk, to display or comply with the following locational criteria: expose specified anatomical areas or to engage in (1) Zoning. Notwithstanding any other provi- personal advertising, pandering, or solicitation, sion herein, or any other provision of the whether passive or otherwise, on behalf of the Code of Ordinances or land development worker, any other worker, or the adult entertain- regulations, no person shall propose, cause ment establishment. The term "personal advertis- or permit the operation of, or enlarge- ing" is defined as encouraging or enticing, by ment of an adult entertainment establish - direct or indirect means, potential customers ment unless the establishment is located outside the adult entertainment establishment in the M-1 zoned district with an approved to enter the adult entertainment establishment. conditional use permit. Additionally, it shall be unlawful for an operator (2) Distance minimums. In addition to the or any worker to permit or allow any door that is zoning requirements set forth in subsec- visible from a public right-of-way or sidewalk to tion (1) of this section, an adult entertain - be opened or remain opened except when a ment establishment shall not be allowed person is entering or exiting the establishment. to open, operate, or be enlarged within any of the following distances: (h) Allowing customers to engage in specified a. 1,500 feet of a preexisting religious sexual activity. It shall be unlawful for a worker institution; of an adult entertainment establishment to know- ingly, or with reason to know, permit, entice or b. 1,500 feet of a preexisting allow a customer to engage in any specified educational facility; sexual activity at the establishment while remain- C. 1,500 feet of an area zoned within ing in the presence of a worker. the city, county or other municipal- ity as a residential district as defined (i) Sale of alcoholic beverages. It shall be by each governmental entities unlawful for any person to sell, dispense or respective zoning code; consume alcoholic beverages, or for any operator d. 1,500 feet of the property line of a or worker, to permit any person to sell, dispense preexisting residence in the city, or consume alcoholic beverages on the premises county or other municipality; of an adult entertainment establishment. The premises for purposes herein shall include, but e. 1,500 feet of a preexisting park; or not be limited to, any and all outside areas, f. 1,500 feet of a preexisting adult including the parking lot. entertainment establishment. CD113:11 § 113-71 CLERMONT CODE (3) Enlargement. In this section, the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent. (4) Supplemental to alcoholic beverage regula- tions. The zoning and distance require- ments of this section are independent of and do not supersede the distance require- ments for alcoholic beverage establish- ments which may be contained in other laws, rules, ordinances or regulations. (Code 2008, § 95-51; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-72. Measurement of distance. The distance from a proposed adult entertain- ment establishment to a preexisting adult entertainment establishment, a preexisting religious institution, a preexisting educational institution, an area zoned for residential use, a preexisting residence, a preexisting park, or a preexisting commercial establishment that sells or dispenses alcohol for on -premises consump- tion shall be measured by drawing a straight line between the closest property lines of the proposed adult entertainment establishment and the preexisting adult entertainment establishment, the preexisting religious institutions, the preexist- ing educational institution, an area zoned for residential use, an area designated on the future land use map as residential, the preexisting residence, the preexisting park, or the preexist- ing commercial establishment that sells or dispenses alcohol for on -premises consumption. (Code 2008, § 95-52; Ord. No. 374-C, § 2, 11-24- 2009) Sec. 113-73. Nonconforming uses. Any adult entertainment establishment exist- ing prior to adoption of the city adult entertain- ment code and not meeting all requirements of the city adult entertainment code shall be considered a nonconforming use. (Code 2008, § 95-53; Ord. No. 374-C, § 2, 11-24- 2009) is • CD113:12 • • • Chapter 114 RESERVED CD114:1 • • Chapter 115 PARKING AND VEHICULAR USE AREAS Sec. 115-1. Purpose and intent of chapter. Sec. 115-2. Off-street parking facilities. Sec. 115-3. Parking spaces. Sec. 115-4. Alternative surfacing materials for parking areas. Sec. 115-5. Design of parking lots. Sec. 115-6. Ratio of full-size parking spaces to compact and oversized spaces. Sec. 115-7. Level, reserved parking spaces for disabled persons. Sec. 115-8. Loading, unloading and service area space. Sec. 115-9. Access. Sec. 115-10. Driveway construction standards. Sec. 115-11. Buffers. Sec. 115-12. Lighting facilities. Sec. 115-13. Change of use of premises. Sec. 115-14. Table of minimum parking space requirements. Sec. 115-15. Parking illustrations. Sec. 115-16. Bicycle parking space requirement. Sec. 115-17. Parking in the Central Business District (CBD) Zoning District. CD115:1 PARKING AND VEHICULAR USE AREAS § 115-3 0 • • Sec. 115-1. Purpose and intent of chapter. The purpose of this chapter is to delineate regulations which apply to the transportation system, including parking, loading, unloading, service area space and vehicular access require- ments. The intent of this chapter shall be to support the economic development goals of the city through the development of real property by creating and implementing an efficient, safe and balanced system of traffic management and circulation that accommodates motorized and nonmotorized vehicles and provides for adequate and appropriate parking and loading facilities. (Code 1998, § 98-1; Code 2008, § 98-1; Ord. No. 281-C, § 1(ch. 12, § 1), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-2. Off-street parking facilities. (a) Required. Off-street parking areas, includ- ing required parking spaces, accessways, buffers and related off-street parking appurtenances, shall be provided for all buildings and uses on the premises. The requirements of this chapter shall apply to all development, whether new structures or alterations to existing structures. (b) Compliance with regulations. The require- ments for off-street parking applicable to any use shall be a continuing obligation of the owner and occupant of the property on which any such use is located, so long as the use is in existence. It shall be unlawful for an owner or occupant of any use affected by this section to discontinue, change, dispense with, or in any way cause a change in the size, design or number of parking spaces required by this section, apart from the discontinuance of such use, without establishing alternative parking spaces which meet the require- ments of this section, or for any person to use such building without acquiring such land for parking which meets the requirements of this section. In addition, parking spaces required by this section shall not be made unusable or inaccessible in any way during the life of the use served by such parking spaces, except as required for maintenance and repair. This section shall not prohibit the replacement or reconfiguration of parking spaces at grade, below grade or above grade to comply with the requirements of this section. (Code 1998, § 98-2; Code 2008, § 98-2; Ord. No. 281-C, § 1(ch. 12, § 2(A)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-3. Parking spaces. (a) Size. (1) Standard parking spaces. Standard park- ing spaces shall consist of a minimum net area of 200 square feet, with a minimum width often feet and a minimum length of 20 feet. All standard spaces shall be striped. Parking space depth may be reduced to 18 feet when spaces are perpendicular to perimeter landscaped buffers, do not include wheel stops, and the required minimum perimeter buffer width is expanded by a minimum of two feet. (2) Compact parking spaces. Compact park- ing spaces shall be nine feet wide and 17 feet long. All compact spaces shall be double striped. (3) Oversized spaces. Oversized spaces shall be ten feet wide and 35 feet long. All oversized spaces shall be striped. (b) Number of spaces. The minimum off-street space requirements for all uses shall be in accordance with the table of minimum off-street parking space requirements in section 115-14. (c) Mixed -use development. Where a mixed - use development is proposed, the parking standards for each individual proposed use shall be required. A parking study may be submitted to the administrative official to justify modifica- tions to this requirement, such that shared parking can be justified based on the complimentary nature of the proposed uses and offsetting peak parking demands. The administra- tive official shall ensure that the minimum number of spaces necessary to accommodate the mix of uses is provided on site to accommodate peak parking demand while reducing the overall amount of land devoted to parking to the great- est extent possible. CD115:3 § 115-3 CLERMONT CODE (d) Large-scale development. Certain large- scale uses, such as planned development projects, normally have a diversity and variability in parking demand. In such cases, a parking study is required to be submitted with the develop- ment proposal to identify the necessary parking requirement. The final decision on the amount of parking shall be determined by the development review committee in consideration of the parking study along with traffic engineering and plan- ning data that is appropriate to the proposed development and intended use. The outcome should reduce the overall amount of land dedicated to parking while ensuring that typical daily peak parking demand is accommodated. (Code 1998, § 98-3; Code 2008, § 98-3; Ord. No. 281-C, § 1(ch. 12, § 2(A)(1)-44)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-4. Alternative surfacing materials for parking areas. (a) Certain land uses, due to their unique character or due to the low volume of traffic produced, may provide parking surfaces of wood mulch or other materials after obtaining approval from the development review committee. In grant- ing such a request, the development review committee shall consider the following matters: (1) The type of partially pervious material or type of wood mulch to be used for surfac- ing. (2) The site characteristics of the parking lot, including, but not limited to, the elevation, slope, drainage, soil type and adjacent surface conditions. (3) The type and amount of anticipated traf- fic flow in the parking lot. (b) The following criteria shall be used in development and construction of an approved wood mulch parking area: (1) Use shall be essentially for passive park- ing (i.e., not more than two ingress/ egress movements per day per vehicle space). (2) Natural soil on the site must be sandy, with only enough clay to bind particles and preclude rutting or flowing. (3) Soil percolation must absorb a minimum of 3'/2 inches of rainfall per hour over the entire area to be mulched. (4) Parking areas shall be graded as level as possible, with maximum slope in any direction not to exceed three percent, to preclude surface runoff from washing away mulch materials. (5) Subsurface areas shall be cleared and grubbed to remove all living plant growth, and then be graded and treated with an approved herbicide to prevent further growth in areas to be mulched. (6) Surfacing shall not be less than three inches of clean bark mulch, free from chips and sticks, after wetting and roll- ing. (7) Mulched areas shall be contained by concrete ribbon curbing, pressure -treated timbers, or precast concrete bumper blocks laid end to end. For this purpose, concrete sidewalks at or between ends of rows of vehicle spaces, not less than five feet wide, may be used, as well as concrete entrance drives and curb cuts, where applicable. (8) Green areas (planters, with grass and shrubs or trees) shall comprise not less than 20 percent of the total parking area, including driveways and walkways, and shall be provided with automatic or manual irrigation facilities, equipped with rain sensors and backflow preventers, and with adequate pressure and cover- age to enable periodic wetting of the mulched areas to keep the mulch suf- ficiently moist to prevent its being blown or strewn by winds or vehicle exhausts, or ignited by the latter. (9) Requirements for size of lot or parcel coverage, number of vehicle spaces and driving lanes shall be the same as that for conventionally paved parking areas. Unless otherwise approved by the develop- ment review committee, circulation areas shall be paved. • u • CD115:4 PARKING AND VEHICULAR. USE AREAS § 115-6 0 • • (10) The development review committee shall have sole discretion in determining whether or not the use of wood mulch, or other materials such as paver block or turf block, shall be suitable and accept- able for any specific location. (Code 1998, § 98-4; Code 2008, § 98-4; Ord. No. 281-C, § 1(ch. 12, § 2(A)(5)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-5. Design of parking lots. (a) The parking lot design, including, but not limited to, arrangement of spaces, width of aisles and access drives, angle of spaces, installation of curbing, etc., shall be as specified in the figures in this section. The specific design of each facil- ity shall take into consideration the necessity of required landscaping in accordance with chapter 118, pertaining to vegetation. All parking lot improvements shall be paved in accordance with accepted city engineering standards. (b) Downtown parking. In order to accom- modate slower traffic movements and the historic nature of downtown, parallel on -street parking provided by the city may be reduced to eight feet by 22 feet as shown in figure 98-15D. The downtown parking area shall include the com- munity redevelopment area (CRA) as shown in the downtown CRA redevelopment plan, adopted on December 8, 2015, by Ordinance No. 2015-77. (flail.. 16I411 loll Figure 115-5. Downtown Parallel Parking (Not to Scale) (Code 1998, § 98-5; Code 2008, § 98-5; Ord. No. 281-C, § 1(ch. 12, § 2(B)), 11-8-1994; Ord. No. 2016-31, § 2, 8-23-2016; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-6. Ratio of full-size parking spaces to compact and oversized spaces. (a) The ratio of full-size parking spaces to compact spaces shall be 90 to ten. This ratio shall be maintained for the total number of parking spaces provided and shall apply only to buildings and uses where the required number of parking spaces is 25 or greater and 300 or less. Developers may increase this ratio, thus increas- ing the number of full-size spaces, however, in no case shall the ratio of compact spaces be permit- ted to exceed this ratio. Compact spaces shall not be permitted for buildings and uses requir- ing less than 25 parking spaces or for residential uses. Projects requiring more than 300 parking spaces shall be considered threshold develop- ments where final decision on the ratio of park- ing shall be determined by the development review committee in consideration of traffic engineering and planning data that is appropri- ate to the proposed development and intended use. (b) The provision of oversized parking spaces to accommodate recreational vehicles and the like shall be applied to retail business facilities where required parking is 100 spaces or more. The ratio of three oversized parking spaces per each 100 required spaces or portion thereof shall be maintained for the total number of parking spaces provided. (Code 1998, § 98-6; Code 2008, § 98-6; Ord. No. 281-C, § 1(ch. 12, § 2(C)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-7. Level, reserved parking spaces for disabled persons. Level parking spaces shall be reserved for physically disabled persons according to the following requirements: Total Spaces Provided Spaces Required to Be Reserved Up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total CD115:5 § 115-6 CLERMONT CODE Total Spaces Spaces Required Provided to Be Reserved Over 1,000 20 spaces, plus 1 for each 100 over 1,000 (Code 1998, § 98-7; Code 2008, § 98-7; Ord. No. 281-C, § 1(ch. 12, § 2(D)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-8. Loading, unloading and service area space. (a) Required areas. The off-street loading, unloading and service area requirements of this chapter are intended to provide minimum standards necessary such that no loading, unload- ing or servicing of buildings or structures by refuse collection, fuel, or other public or private service type vehicular activity shall adversely impact the public safety, generate excess capac- ity on the city street system, or cause undue congestion or conflict resulting from such activi- ties. The requirements of this section shall apply to all public, semipublic, commercial and industrial development, whether new structures or altera- tions to existing structures. Off-street facilities shall be available for use prior to the issuance of any certificate of occupancy or a local business tax receipt, and the continued maintenance of such facilities shall be the obligation of the property owner and occupant as long as the use requiring such facility continues. No off-street facility shall be altered or discontinued except in accordance with this section. (b) Arrangement. (1) The off-street loading, unloading and service area space shall be designed and arranged such that it may be used without blockage or interference with the func- tion and safety of adjacent uses, streets, accessways or off-street vehicular and pedestrian traffic circulation. (2) The required spaces shall not be used for the storage of vehicles or materials and shall not be used to meet off-street park- ing requirements. (3) All loading facilities shall be located on the same premises as the use they serve and shall not encroach on any rights -of - way or dedicated easements. All such facilities shall be well separated and buffered from adjacent uses in accordance with the provisions contained within this land development code. (c) Dimensions. Each required off-street load- ing, unloading and service area space shall be a minimum of 60 feet in depth and 12 feet in width, with an overhead clearance of not less than 14 feet for each space required; however, upon review and approval of the specific use intended and site plan by the development review committee, a total area of not less than 720 square feet devoted to such use, with an overhead clearance of 14 feet, may be permitted for each space required. (d) Number of spaces. The development review committee shall interpret and approve the amount of loading, unloading and service area space required for all uses based upon the following total aggregate floor area of each structure located on the premises: Loading, Unloading and Service Area Space Requirements Land Use Classification Space Requirement Retail, wholesale and 1 loading berth for every industrial uses 20,000 square feet of floor area, or portion thereof Bus and truck terminals Sufficient space to accom- modate the maximum number of buses or trucks that will be stored and loading or unload- ing at the terminal at one given time (Code 1998, § 98-8; Code 2008, § 98-8; Ord. No. 281-C, § 1(ch. 12, § 2(E)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-9. Access. All off-street parking, loading, unloading and service area space shall have vehicular access to a street, frontage road, or reverse frontage road and shall be subject to the following provisions: (1) Nonresidential uses. a. There shall be only one vehicular access point, not to exceed 40 feet in width, or two vehicular access points, not to exceed 20 feet in width each, • • • CD115:6 • • PARKING AND VEHICULAR. USE AREAS § 115-10 located on any one street, frontage road, or reverse frontage road to serve the premises in question. One additional vehicular access point; not to exceed 40 feet in width, or two additional vehicular access points; not to exceed 20 feet in width each, shall be permitted for every 400 feet of parcel frontage on a single street, frontage road, or reverse frontage road. All access facilities shall require the approval of the development review commit- tee for design or redesign and loca- tion. b. All vehicular access points shall be located at least 100 feet, or two- thirds the distance of the parcel frontage on a street, whichever is greater, from the intersection of any right-of-way lines of streets. C. All vehicular access points serving corner lots or tracts with less than 200 feet of frontage on only one street that is classified as an arte- rial, collector, or local collector in the traffic circulation element of the comprehensive plan shall be located on the street that intersects the arterial, collector or local collector roadway in question. d. A minimum distance of at least 50 feet shall be required between any two vehicular access points located on any one street adjacent to and serving the premises in question. e. All vehicular access points shall have a minimum width of at least 12 feet per lane of traffic. (2) Residential uses. a. The maximum width of a residential driveway access to an off-street park- ing or other vehicular use area shall be 20 feet for two-way vehicular movement and ten feet for one-way vehicular movement. Single-family residential structures with three vehicular garage openings may allow driveway adjustments for front loaded garages as indicated in the table below. No more than one two- way access way shall be permitted for any street frontage up to 100 linear feet, such standards to be applicable to any property under one ownership. Where such owner- ship involves over 151 feet of street frontage, one additional two-way or two additional one-way drives may be permitted. Table 115-9 Single -Family Residential Driveway Width Standards Driveway Maximum Apron Driveway With Flares Lot Width (ft.) (ft.) Less than 60 ft. 20 26 Greater than 60 ft. 30 36 b. Where such ownership involves over 251 feet of street frontage, one additional two-way or two additional one-way drives may be permitted for each additional 100 feet of front- age. C. The city has the right to require owners who rebuild or rehabilitate substandard driveways to reconstruct them to meet the require- ments of this chapter and other requirements of this land develop- ment code. (Code 1998, § 98-9; Code 2008, § 98-9; Ord. No. 281-C, § 1(ch. 12, § 2(F)), 11-8-1994; Ord. No. 2015-78, § 2, 12-8-2015; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-10. Driveway construction standards. Driveways constructed below street grade must rise to an elevation at least to the top of the curb height on city right-of-way before reaching the owner's property line. Driveways constructed above the street grade should not exceed a grade of one inch per foot from the top of the curb to provide for vehicular clearance, unless otherwise CD 115:7 § 115-10 CLERMONT CODE approved by the city engineer. Sidewalks located within driveways shall be constructed in conformance with standards established by chapter 119, pertaining to subdivisions. All driveways and sidewalks shall be constructed in accordance with adopted city standards. (Code 1998, § 98-10; Code 2008, § 98-10; Ord. No. 281-C, § 1(ch. 12, § 2(G)), 11-8-1994; Ord. No. 2015-78, § 2, 12-8-2015; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-11. Buffers. Off-street parking and loading, unloading and service area space shall have a buffer of at least five feet in width provided along all streets on which the off-street parking and loading, unload- ing and service area space is located. All required landscaping shall be provided in conformance with chapter 123, pertaining to vegetation. The required buffer may be provided for and included within any other buffer required by the provi- sions of this land development code to be located along streets. (Code 1998, § 98-11; Code 2008, § 98-11; Ord. No. 281-C, § 1(ch. 12, § 2(H)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-12. Lighting facilities. All lighting facilities provided for off-street parking, loading, unloading and service area space shall be subdued, shaded and focused on the site so as not to create traffic hazards or subject adjoining premises to undue glare or adverse interference. (Code 1998, § 98-12; Code 2008, § 98-12; Ord. No. 281-C, § 1(ch. 12, § 2(I)), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-13. Change of use of premises. Existing off-street parking, loading, unloading and service area space for any premises shall not be reduced unless it exceeds the requirements of this land development code. Where the use of existing premises is changed, the new use and premises shall conform with the off-street park- ing, loading, unloading and service area space and vehicular access requirements of this land development code. Any existing use not provided with conforming off-street parking, loading, unloading and service area space and vehicular access shall conform with the requirements of this land development code at the time of any alteration or expansion of the use. (Code 1998, § 98-13; Code 2008, § 98-13; Ord. No. 281-C, § 1(ch. 12, § 3), 11-8-1994; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-14. Table of minimum parking space requirements. (a) Determination for unlisted uses or alterna- tive parking. If the proposed use is not listed or compatible with a use listed in the table of minimum parking space requirements, the administrative official shall make a determina- tion of the appropriate parking for the proposed use based on the standards and guidelines of the Institute of Transportation Engineers (ITE) or the latest Smart Code published by the Form Based Codes Institute. In reaching the determina- tion, the director may consider and be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the proposed use, parking requirements of such uses in other jurisdictions, special conditions or situ- ations of the proposed use, or a combination of sources. (b) Minimum off-street parking space require- ments. Minimum off-street parking space require- ments are as follows: Minimum Number of Minimum Spaces per Number of Indicated Spaces per Unit in the Indicated Central Busi- Per Unit Land Use Unit ness District of Measure Single-family 2 1 Per dwelling unit Multifamily 1.5 1.25 Per one - bedroom unit Multifamily 2 1.5 Per two - bedroom unit Multifamily 2.5 2.0 Per three - bedroom unit Mobile home 2 N/A Per dwelling parks unit Churches and 1 0.5 Per four funeral homes permanent seats in the sanctuary or assembly room is u • CD 115:8 • u PARKING AND VEHICULAR USE AREAS § 115-15 Minimum Number of Minimum Spaces per Number of Indicated Spaces per Unit in the Indicated Central Busi- Per Unit Land Use Unit ness District of Measure Offices and 1 0.6 Per 200 veterinary clin- seqquare feet ics of floor space Hospitals, clin- 1 1 For each ics, ACLFs and four beds nursing homes Plus 1 N/A For each doctor Plus 1 0.5 For each 4 employees Roominghouses 1 0.5 For each and bedroom boardinghouses Nursery schools, 1 1 Per 300 childcare aqquare feet centers, ofclasaroom kindergartens, space or public, vocational and professional schools Plus 1 0.5 For each staff member Plus 1 0.5 For each four employees Wholesale busi- 1 0.5 Per 200 ness and sqquare feet personal of floor services space Retail 1 Per 333 aquare feet of floor space Theaters, 1 0.5 For each auditoriums and four seats in cinemas the assembly rooms Hotels, motels 1 1 For each and Bed and accommoda- Breakfast tion Plus 1 N/A For each three employees Restaurants, 1 0 Per 100 takeout only saqquare feet ofgtoss floor area Restaurants 1 0.5 Per 4 seats and lounges (including outdoor seating) Plus 1 0 For each four employees Automotive 4 4 For each services and gas service bay stations or similar facility Plus 1 0 For each employee Recreation 1 0.5 Per 200 facilities square feet floor of area devoted to patron use Minimum Number of Minimum Spaces per Number of Indicated Spaces per Unit in the Indicated Central Busi- Per Unit Land Use Unit ness District of Measure Golf course 611 N/A Per green/ per practice tee Lodges and 1 0.5 Per 50 clubs square feet of floor space Light 1 1 Per 500 manufacturing square feet of floor area or 1 1 For each two employees based on the greatest number of employees at work on the largest shift, whichever is greater Unmanned util- 1 0 Per 1,000 ity facilities square feet of floor area, with a minimum of two spaces required WarehouselBulk 1 0.5 Per 1,000 Storage sqquare feet of floor space, with a minimum of two spaces required Warehouse/ 1 1 Per 1,000 Showroom square feet Tare floor space, with a minimum of two spaces required "A mixed -use project is exempt from minimum parking requirements Note: Planned unit developments shall provide off-street parking based upon the aggregate sum of all proposed uses, discounted for any reduced parking benefit attributable to the unique mix of uses and offsetting peak hour parking demands. (Code 1998, § 98-14; Code 2008, § 98-14; Ord. No. 281-C, § 1(table 12-1), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 373-C, § 2, 11-24-2009; Ord. No. 2018-28, § 2, 8-28-2018) Sec. 115-15. Parking illustrations. The figures referenced in this chapter are set out in this section. CD 115:9 § 115-15 CLERMONT CODE t- A 9 C 0 Ef C -. .. H T1W p t0.00' 10.00' 12.00' 23.00' 32.00' - MOO*.L 3a 10.00` 18.66' 11.00' 20.00' 48.32' 39.66' 37.32' 4S 10.D0' 21.21' 13.00' 14,14' 55.43' 48.36' 30.00' 60 10.00' 22.32' 18.00' t i.55' 62.64' 57,64' 25.77' 90 t 0.00' 20.00' 24.00' 10.00' 64.00' 64.00, 20.00' A - PARKING ANGLE B - STALL WIDTH C - STALL TO CURB D - AISLE WIDTH E - CURB LENGTH PER CAR F - MINIMUM OVERALL DOUBLE ROW WITH AISLE BETWEEN G - STALL CENTER (DOES NOT INCLUDE OVERHANG) HANDICAPPED PARKING TOTAL PARKING REOUIRED NUMBER IN LOT OF ACCESSIBLE SPACES 0 - 25 1 26 - 50 2 51 - 75 3 76 - 100 4 101 - 150 5 151 - 200 6 201 - 300 7 301 - 400 8 401 - 500 9 501 - 1000 2% OF TOTAL OVER -- 1000 20 PLUS 1 FOR EACH 100 OVER WOO (12' W10E PARKING MINIMUM W% 5' WIDE RAMPS) MULTIPLE p0U84E (KNw t1fCx WOE Figure 115-15A. Parking Standards (Not to Scale) t_J 1� u • CD 115:10 PARKING AND VEHICULAR USE AREAS § 115-15 0 • 30' PARKING ce eAa A .\ C 45' PARKING d STALL AND AISLE DIAGRAM Figure 115-15B. One -Way Street Curb Parking (Not to Scale) CD115:11 § 115-15 CLERMONT CODE - - I------ 23' CURB 1 1 1 1 1 1 , 1 30' ao. ,moo 45' 1 1 1 1 n 6V N 90' SEE FIGURE 4-3A FOR DIMENSIONING TABLE SPACE REQUIREMENTS FOR CURB PARKING AT VARIOUS ANGLES Figure 115-15C. Curb Parking (Not to Scale) (Code 1998, § 98-15; Code 2008, § 98-15; Ord. No. 281-C, § 1(figs. 12-1A-12-1C), 11-8-1994) is �J C� J CD115:12 PARKING AND VEHICULAR USE AREAS § 115-17 Sec. 115-16. Bicycle parking space g. Be consistent with the surround - requirement. ings in color and design and be (a) Generally. Bicycle parking shall be provided incorporated whenever possible into as follows: building or street furniture design. h. Be located in convenient, highly vis- (1) New development. All new development ible, active, well -lit areas, and spread shall provide parking for bicycles. The in groupings around the site. number of bicycle parking spaces provided shall be at least equal to five percent, i. Be located so as not to interfere rounded up, of the first 100 automobile with pedestrian movements. p parking spaces, and two percent; rounded j. Be located as near the principal up, for additional bicycle parking spaces entrance of the building as for all other automobile parking spaces practicable. over 100. k. Provide safe access from the spaces (2) Nonresidential uses. One automobile park- to the right-of-way or bicycle lane. ing space per 50 spaces may be exchanged, (2) All bicycle parking spaces required under providing parking for bicycles on site or this section shall be a minimum of two at the exchanged parking space. A feet in width and six feet in length. maximum of four automobile spaces may be exchanged. (3) Parking lot bicycle parking locations must provide bollards or similar device must (3) Multifamily residential uses. One be installed to help prevent bicycle automobile parking space per 50 spaces damage. may be exchanged, providing parking for bicycles on site or at the exchanged park- (c) Bicycle parking review and approval. Bicycle ing space. A maximum of two automobile parking shall be reviewed and approved by the spaces may be exchanged. site review committee. (Code 2008, § 98-16;Ord. No. 2013-04, § 2, (b) Bicycle parking devices; design, and park- 2-26-2013; Ord. No. 2018-28, § 2, 8-28-2018) ing lot and location criteria. (1) Bicycle parking devices shall meet the Sec. 115-17. Parking in the Central Busi- following: ness District (CBD) Zoning a. Be designed to allow each bicycle to District. be supported by its frame. (a) The Central Business District represents b. Be designed to allow the frame and the historic core of the city built upon a gridded wheels of each bicycle to be secured street system with a mix of land uses with a against theft, with owner lock. strong pedestrian orientation. The streets are designed to accommodate on -street parking, C. Be designed to avoid damage to the adding to the overall inventory of publicly acces- bicycles. sible parking. In order to achieve the desired d. Be anchored to resist removal and development objectives of the downtown, the city solidly constructed to resist damage recognizes that parking for existing uses and by rust, corrosion, and vandalism. new uses can be accommodated through on -site e. Accommodate a range of bicycle spaces or on an off -site (remote parking) loca- shapes and sizes and to facilitate tion. easy locking without interfering with (b) Location of required parking spaces. adjacent bicycles. (1) Parking spaces required by this section f. Be located to prevent damage to in the Central Business District zoning bicycles by cars. district shall be located on the same CD115:13 § 115-17 (2) CLERMONT CODE building site as the use they serve, or on a properly zoned lot within a specified distance of the building site (remote park- ing). The acceptable distance for remote parking varies by user as follows: Off -Site (Remote) Parking Customer Employee 1,320 ft. 2,640 ft. Remote parking encumbrance. Whenever parking required by this section is not located on the same building site as the use it serves, the applicant for such use shall submit with the application an instrument duly executed, approved by the city attorney, and recorded in the public records of the county, which subjects the parcels or tracts of land to parking uses in connection with the principal use for which it is available. Such instru- ment shall be irrevocable to ensure that the proposed use retains the number of parking spaces required by this section. Should the use of the remote parking site become unavailable for continued use for remote parking, the owner and/or tenant must replace the lost parking with an acceptable alternative such that the land use is continually served by parking in compliance with this section. (c) In an effort to foster revitalization and enhancement of the Central Business District, parking space credits shall be granted to existing structures and vacant land in the following manner: (1) Existing structures located in the Central Business District shall be given a park- ing space credit equal to the parking space requirements for the current use of the structure. For structures with more than one use, calculation of the credit is based on the amount of square footage devoted to each particular use. (2) For existing nonresidential structures, no additional parking spaces shall be required for a change in use to another nonresidential use, provided the square footage remains the same. (3) Residential uses changing to nonresidential must provide parking equivalent to those nonresidential uses as required by this section. (4) All vacant parcels changing to either residential or nonresidential must provide parking equivalent to those residential or nonresidential uses as required by this section. (5) Parking spaces and/or parking space credits shall remain the sole possession of the property for which they were initially provided. Parking space credits shall not be transferable from one busi- ness location to another business loca- tion. (6) Single-family residential structures and vacant parcels shall be given credit for two spaces and multifamily structures shall be given credit for 1.5 spaces per unit. (d) Vacant property being developed for new residential or nonresidential uses, shall be required to provide off-street parking spaces consistent with this section. A parking plan shall be provided with all applications for individual development approval which shall clearly and accurately designate the required parking spaces, required landscaped areas and planter islands, access aisles and driveways and the relationship of the parking to the uses and structures the spaces are intended to serve. All off-street parking facilities shall be designed and constructed in accordance with the city's adopted engineering standards. (Code 2008, § 98-17; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2018-28, § 2, 8-28-2018) • • • CD115:14 • • • Chapter 116 RESERVED CD116:1 • Chapter 117 SIGNS* Sec. 117-1. Purpose and intent of chapter. Sec. 117-2. Definitions. Sec. 117-3. Enforcement; removal of unlawful signs. Sec. 117-4. Interpretation of chapter. Sec. 117-5. Variances and appeals. Sec. 117-6. Sign permit. Sec. 117-7. Exempt signs. Sec. 117-8. Prohibited signs; exceptions. Sec. 117-9. Illumination. Sec. 117-10. Construction and maintenance standards. Sec. 117-11. Modification of conforming signs. Sec. 117-12. Height and setbacks. Sec. 117-13. Limitation on total area and number; division of property. Sec. 117-14. Determination of area and number. Sec. 117-15. Permitted signs. Sec. 117-16. Off -site signs. Sec. 117-17. Portable signs. Sec. 117-18. Political signs. Sec. 117-19. Temporary construction signs. Sec. 117-20. Temporary future improvement signs. Sec. 117-21. Signs in newly annexed areas. Sec. 117-22. Signs on vehicles. Sec. 117-23. Changeable copy signs. Sec. 117-24. Nonconforming signs. Sec. 117-25. Illustrations. Sec. 117-26. Other signs. *State law references —Removal of signs, F.S. § 70.20; right to establish sign ordinances, F.S. § 166.0425; usage and removal of political campaign signs, F.S. § 106.1435; regulation of signs in rights -of -way, F.S. § 337.407; outdoor advertising, F.S. ch. 479. CD117:1 SIGNS § 117-2 0 Sec. 117-1. Purpose and intent of chapter. The intent of this chapter is to ensure adequate means of communication through signage while maintaining attractive visual appearance within the city. By specifying criteria for all signage as stated in this chapter, this chapter is intended to serve the following purposes: (1) Maintain the established suburban character of the city by regulating all exterior signage in a manner which promotes low profile signage of high - quality design. (2) Protect and maintain the visual integrity of roadway corridors within the city by establishing a maximum amount of sig- nage on any one site to reduce visual clutter. (3) Establish locations and setback for sig- nage which are designed to protect motor- ists from visual distractions, obstructions and hazards. (4) Enhance the appearance of the physical environment by requiring that signage be designed as an integral architectural feature of the site and structure which such signage is intended to identify and sited in a manner which is sensitive to the existing natural environment. (5) Provide for signage which satisfies the needs of the local business community for visibility, identification and com- munication. (6) Establish procedures for the removal or replacement of nonconforming signs, enforcement of these regulations, maintenance of existing signs, and consideration of variances and appeals. (Code 1998, § 102-1; Code 2008, § 102-1; Ord. No. 281-C, § 1(ch. 15, § 1), 11-8-1994) See. 117-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Awning means a structure made of metal or similar framing material, cloth or other mate- rial, and attached to a building and/or carried by a frame supported by the building. Awning sign means a sign painted on, printed on, or attached flat against the surface of an awning. Banner means a sign having the characters, letters, illustrations or ornamentations applied to cloth, paper or fabric of any kind, with only such material for a backing. The term "banner" includes any animated, rotating or fluttering devices designed to attract attention. Billboard means any outdoor advertising sign normally erected and maintained by an advertis- ing business or service, upon which advertising matter may be displayed and which generally advertises firms and organizations that, along with their goods and services, are not located on the same premises as the sign, and whose surface is sold, rented or leased for the display of advertising material. Canopy means a structure constructed of rigid materials, including, but not limited to, metal, wood, concrete, plastic or glass, which is attached to and supported by a building or by columns, poles or braces extended to the ground. Canopy sign means a sign which is suspended from, is attached to, is supported from or forms a part of a canopy. Commercial sign means a sign which identi- fies an activity or products or services available on the premises where the sign is located. Directional sign means any sign which serves solely to designate the location or direction of any place or area. Double-faced sign means a sign with two faces which are usually but not necessarily parallel and usually but not necessarily with the same copy. Facade means the entire building wall, includ- ing wall face, parapet, fascia, windows and doors. CD117:3 § 117-2 CLERMONT CODE Freestanding or ground sign means any sign which is supported by masonry, wood, metal or similar structure, uprights or braces and is permanently installed in or on the ground on a permanent base and intended to be permanently affixed thereto. Frontage means the linear footage of property abutting a dedicated street or highway as measured along a lot or parcel of land. For businesses in shopping centers, frontage shall be measured along the front face of that portion of the building occupied by the business. Ground or monument sign means a sign that is anchored near or at ground level, which has the vertical structure supports concealed in an enclosed base. The width of such enclosed base shall be equal to at least one-half the horizontal width of the sign surface. Human sign means a temporary sign that is held or worn, by a person for the purpose of advertising, providing information about or promoting a business, commodity, service, product or other commercial activity. Illuminated sign means any sign illuminated internally or from the rear of the sign by silhouette lighting or luminous tubing, or a sign illuminated externally from a light source such as a spotlight or other such light projector. Ingress l egress sign means a sign which designates only the direction of ingress and egress of a parking area or driveway, such as signs reading "In," "Out" or "One -Way." Marquee means a permanent roof -like structure supported and extending from part or all of the building face and that fully or partially covers a sidewalk, public entrance or other pedestrian way, which is constructed of some durable mate- rial such as metal, glass or plastic. Marquee sign means a sign attached to or part of a marquee, fixed awning or canopy. Marquee signs shall not extend above the highest point of a marquee. Mural sign means a sign painted directly on any exterior building wall or door surface, exclusive of window and door glass area. Noncommercial sign means a sign which contains a message not associated with the products, activity or services available on premises where the sign is located. This includes religious messages, political messages or other expres- sions of personal views, but does not include political signs as defined in this section. Off -site sign means a sign identifying, advertis- ing or directing the public to a business, merchandise, service, institution, residential area, entertainment or activity which is located, sold, rented, based, produced, manufactured, furnished or taking place at a location other than on the property on which the sign is located. On -site sign means a sign related in its subject matter to the premises on which it is located. Political sign means a sign or poster advertis- ing either a candidate for public office or a political cause subject to election. Projecting sign means a sign, other than a wall sign, which projects from and is supported by the wall of a building or structure. Real estate sign means a sign erected by the owner or agent, advertising the real property upon which the sign is located for rent, for lease or for sale. Roof sign means a sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way. Shingle sign means a projecting sign or wall sign not over four square feet in area, constructed of metal or other durable material, attached securely to a building. Shopping center means a group of four or more retail stores, service establishments or any other businesses, not necessarily owned by one party or by a single landownership, which are adjacent to and utilizing a common parking area. Sign means any advertising display in the form of any letters, figure, character, mark, plane, point, marquee, design, poster, picture, stroke, stripe, line, trademark, reading matter or device, or any combination of these, placed, attached, painted, erected, fastened or • • CD 117:4 • • SIGNS § 117-3 manufactured in any manner whatsoever so that the display is designed or used for the informa- tion of persons or the attraction of persons to any place, subject, person, firm, corporation, public performance or merchandise whatsoever, and which is displayed in any manner out-of-doors. Snipe sign means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, power poles, street poles, stakes or fences, or to other objects, and where the advertis- ing matter appearing thereon is not applicable to the object of present use of the premises upon which such sign is located. Spectacular sign means a sign wired for incandescent lighting, luminous tube lighting, or both, animated with copy action controlled by flasher circuit breakers, moving lighting, mato- graphs or similar devices. Subdivision entrance sign means an entrance sign which designates the name of a subdivision or of a residential district and is located at or in close proximity to the main entrance. Vehicle/portable sign means a sign affixed to a vehicle or trailer or designed to be temporarily emplaced without a permanent base or fasten- ing. Temporary tie downs or weighting may be required by the administrative official to meet safety requirements. Wall sign means a sign affixed to or painted on the wall facade of any building that projects less than 18 inches, and where the exposed face of the sign is in a plane parallel to the planes of the wall. Wall signs may not extend above the roofline or facade. All wall signs shall relate to the business conducted on the premises or in the building on which such sign is located. Zoning district and zoning requirements, or words of similar import, pertain to the zoning regulations, chapter 122, for buildings, similar structures and land use in the city. (Code 1998, § 102-2; Code 2008, § 102-2; Ord. No. 281-C, § 1(ch. 15, § 2), 11-8-1994; Ord. No. 320-C, § 2, 4-26-2005; Ord. No. 2011-02-C, § 1, 4-26-2011; Ord. No. 2013-04, § 2, 2-26-2013) Sec. 117-3. Enforcement; removal of unlawful signs. (a) Responsibility for enforcement. The administrative official or the established designee thereof shall be empowered to enforce this chapter. (b) Removal of prohibited signs. (1) Signs on public property. Prohibited signs on public property or rights -of -way shall be removed immediately and may be removed by the city or its agent without notice. (2) Temporary signs. Temporary signs which are or have become in violation of this chapter shall be removed within 48 hours after receipt of written notification by the city. (3) Abandoned signs. Abandoned signs shall be removed by the owner, agent or person in charge of the premises within 30 days after receipt of written notification by the administrative official or the established designee thereof. If the sign is not removed in a timely manner, the code enforcement officer may refer the violation to the code enforcement board for formal action. (c) Removal or repair of unsafe signs. Should any sign become unsecured or in danger of falling or be in a state of disrepair or deteriora- tion so as to otherwise constitute an unsafe condition, the owner, agent or person in legal possession of the premises shall, upon formal notification, immediately in the case of imminent danger, or within ten days in other instances, cause it to be removed or be placed in good repair in a manner consistent with applicable city codes. If such notification is not complied with, the city may remove the sign at the expense of the owner and may place a lien for the cost thereof upon the property on which the sign was located, together with any other cost incurred by the city by filing such lien. (d) Illegally erected signs. Where this chapter requires work to be done by a licensed contractor and such work is not performed by a licensed CD117:5 § 117-3 CLERMONT CODE contractor, the owner or lessee of the property where such illegally erected sign is located shall either: (1) Have the sign immediately removed; or (2) Acquire the services of a duly licensed contractor to secure a permit for such sign and obtain the required city inspec- tions. If neither of these actions is completed within ten days of written notification by the city, the violation may be referred to the code enforce- ment board for formal action. (e) Termination of unlawful illumination. Upon receipt of written notification by the city that a sign is unlawfully illuminated in violation of this chapter, the owner or agent or the person in possession of the premises shall immediately terminate the prohibited illumination of such sign. If this action is not completed within ten days of the written notification, the violation may be referred to the code enforcement board for formal action. (f) Signs no longer in use. Signs which advertise or identify a business, firm or similar activity must be removed within 60 days of the date the business, firm or similar activity goes out of business or vacates the premises. The removal of the sign shall be the responsibility of the owner of the property upon which the sign is located. Thereafter, if this required action for removal is not completed within ten days of written notifica- tion by the city, the violation may be referred to the code enforcement board for formal action. (g) Violations and penalties. Violations of this chapter, including those sections authorizing city removal of signs or other penalties, may be referred to the code enforcement board as prescribed by chapter 1, article II, division 2. (Code 1998, § 102-3; Code 2008, § 102-3; Ord. No. 281-C, § 1(ch. 15, § 10), 11-8-1994) Sec. 117-4. Interpretation of chapter. This chapter shall be interpreted by the administrative official. Disputes, appeals and variances shall be referred to the city council in accordance with chapter 101. (Code 1998, § 102-4; Code 2008, § 102-4; Ord. No. 281-C, § 1(ch. 15, § 11), 11-8-1994) Sec. 117-5. Variances and appeals. (a) Technical appeals. Appeals from technical decisions of the administrative official or any other official empowered to administer regula- tions of sign -related issues shall be processed according to procedures outlined in chapter 86. (b) Variances. Variances from the require- ments of this chapter shall be processed accord- ing to the provisions of chapter 101, article IV (Code 1998, § 102-5; Code 2008, § 102-5; Ord. No. 281-C, § 1(ch. 15, § 12), 11-8-1994) Sec. 117-6. Sign permit. (a) Required; application. It shall be unlawful for any person to erect, alter, display, change or relocate any sign within the city, except exempt signs, until after a permit therefor has been issued by the administrative official or the established designee thereof and a fee paid to the city. Application for a sign permit shall be made by the owner of the premises or appointed agent on a form provided by the city prior to the erection or placing of any sign proposed. Such application shall include the following: (1) The name and address of the owner of the property; (2) The name and address of the sign company erecting the sign; (3) The street address or legal description of the property upon which the proposed sign is to be located; (4) The height, size and shape of the proposed sign; (5) A plan, sketch, blueprint or similar presentation, drawn to scale, showing all pertinent structural details of the proposed sign; (6) A site plan, sketch, blueprint or similar presentation, drawn to scale, showing all pertinent information, verifying the specific location of the proposed sign, and the height, size, shape and location of existing signage on the premises. • • is CD117:6 SIGNS § 117-7 0 �J • (b) Fees. Fees under this chapter shall be as set by resolution of the city council and on file in the city clerk's office. (c) Persons authorized to perform work. The work necessary to construct, install, erect, illuminate, paint or modify signage within the city shall conform with the following: (1) The following work may be performed by a property owner or lessee: a. Painting the face of any freestand- ing or wall sign; b. Installation or attachment of any individual letters, which does not require electrical service or structural modification of the surface or wall to which such letters are being attached; or C. Construction and erection of any freestanding sign with a height less than six feet, which is nonillumi- nated. (2) The following work shall be performed by a sign contractor, general contractor or building contractor licensed with the city to perform such work: a. Construction, installation, erection or electrical connection of any sign which is illuminated; b. Construction, installation or erec- tion of any freestanding sign requir- ing wind load calculations, over the height of six feet; C. Construction, installation or erec- tion of any sign which is located above a pedestrian walkway or on the front fascia of a canopy over a pedestrian walkway; d. Construction, installation or erec- tion of any projecting sign permit- ted by this chapter; or e. Construction, installation or erec- tion of any sign not described in subsection (c)(1) of this section. (d) Issuance. Upon receipt of an application for a sign permit, the administrative official or established designee shall review the plans, specifications and other data relating to such sign, and, if considered necessary, inspect the premises upon which the sign is proposed to be erected. If the proposed sign is in compliance with this chapter and all other applicable laws and codes of the city, a sign permit shall be issued upon receipt of the permit fee. (e) Exemptions. Exemption from the require- ment to obtain a sign permit shall be permitted under the following circumstances: (1) The erection, construction or installation of any sign described in section 117-7; (2) The repair, maintenance or repainting of any existing sign which is deemed conforming or allowed to continue as nonconforming under provisions of this chapter; or (3) The replacement of any existing sign panel or face on a structure which is deemed conforming or allowed to continue as nonconforming under provisions of this chapter. See section 117-11 for modification standards applicable to existing signs. M Expiration. A sign permit shall expire and become invalid in accordance with the rules set forth in this land development code for all permits in general. (Code 1998, § 102-6; Code 2008, § 102-6; Ord. No. 281-C, § 1(ch. 15, § 3), 11-8-1994) Sec. 117-7. Exempt signs. The following signs are exempt from the permit requirements of this chapter, provided they are not placed or constructed so as to create a hazard of any kind. The following signs must still meet applicable construction and electrical standards required by city, state or other appropriate agency codes: (1) One sign per street frontage, not exceed- ing four square feet in total area for residential zones and not exceeding 32 square feet in total area for commercial CD117:7 § 117-7 CLERMONT CODE and industrial zones, offering the specific property for sale or lease by the owner or agent, provided the sign is located on the property offered. (2) One marquee sign over a show window or door of a store or business establishment announcing only the name of the proprietor and the nature of the busi- ness, not exceeding four square feet in area. signs erected on public property as required by governmental entities with permission as appropriate from the city, the county, the state or the United States federal government. (10) Paper signs displayed inside show windows of retail establishments so long as\no part of the display moves or contains flashing lights and the display does not exceed 25 percent of the window area. (3) One sign painted on the door or show window, limited to the name of the (11) Bulletin boards and identification signs proprietor, name or nature of the busi- for public, nonprofit or religious facili- ness, hours of operation and emergency ties, located on the premises and not telephone numbers, when all letters and exceeding 24 square feet in area. characters are no more than six inches in (12) Those banner signs permitted in section height. 117-8. (4) One ground sign not exceeding two square feet in area and bearing only property (13) Menus of less than two square feet numbers, post office box numbers, names mounted at the entrances to restaurants. of occupants of premises, or other identification of the premises, not having (14) The flying of national, state, city or commercial connotations. corporate flags, provided that such flags shall not be used in such a manner as to (5) Directory signs for businesses, limited to attract attention for commercial purposes. two square feet per occupant, affixed to a wall or ground sign. a. Number. There shall be no more (6) Private ground directional or instructional than three flags displayed on any signs that direct and guide traffic, park- one parcel of land or commercial ing or pedestrian movements on private development. Flags may include the property provided the individual letters United States flag, corporate or composing such a sign do not exceed six promotional flag and other flags inches in height. Signs may be illuminated from state or local governments. No and display the name, logos, symbols or flag may exceed the height or size of designs of the establishment; however, the United States flag. Government such signs shall not exceed four feet in flags are recommended to conform height and shall not exceed four square to the United States Flag Code, feet in area. Public Law 344,36 USC 171 through 178. (7) Memorial signs or tablets, containing names of buildings and date of erection, b. Size and placement. The size of the when cut into any masonry surface or flag, whether on flagpole or flagstaff, when constructed of bronze or other shall in accordance with the chart noncombustible materials and attached below. Flags shall be set back at to the surface of a building. least five feet from all property lines and only be displayed from a (8) Legal notices and official instruments. flagpole or flagstaff; the placement (9) Signs necessary to promote health, safety on or attached to fences, other signs, and general welfare, and other regula- and so forth, shall not be permitted. tory, statutory, traffic control or directional Government flags are recommended �J • • CD117:8 SIGNS § 117-7 0 1 • to conform to the United States Flag Code, Public Law, 344, 36 USC 171 through 178. Pole Height Flag Size (max.) Up to 15 ft. 3 ft. x 5 ft. 20 ft.-25 ft. 4 ft. x 6 ft. 25 ft.-35 ft. 5 ft. x 8 ft. 35 ft.-45 ft. 6 ft. x 10 ft. 45 ft.-55 ft. 8 ft. x 12 ft. C. Flagpole height. The maximum height of any flagpole shall be 55 feet and shall not exceed ten feet above the height of any primary structure. (15) Decorative flags and bunting for a celebra- tion, convention or commemoration of significance to the entire community when authorized by the city council for a prescribed period of time. (16) Holiday lights and seasonal decorations displayed at times when such lights and decorations are generally considered appropriate. (17) Sandwich type board signs may be utilized in the CBD zoning district, provided the following is adhered to: a. One per business and relating directly to that business. b. Maximum three feet wide and four feet high. C. Maximum two sides (back-to-back). d. No sign may block the sidewalk access, in accordance with ADA requirements, by maintaining at least a four -foot -wide passage from one property to another using the sidewalk. e. Sign may not be electrical and must adhere to requirements listed in section 117-8, prohibited signs; excep- tions, unless otherwise indicated herein. f. Sign placement and use may only occur during open business hours. g. Sign shall not be permitted within the four -foot area from the inside of the curb toward the business front. (18) Noncommercial signs (other than politi- cal signs as defined above and as regulated by section 117-18) provided the following shall apply: a. Maximum one sign for each street frontage. b. Maximum sign area shall be 32 square feet, except in residential districts where signs shall not exceed six square feet. C. Signs shall require a minimum setback of five feet from a front property line and 25 feet from any side property line. d. Signs shall be a maximum of eight feet in height. e. Signs shall not be illuminated in residential zones. f. Political messages on any permanent sign authorized by other provisions of this Code shall not be restricted or affected by this subsection. (19) Awning signs shall be limited to a maximum of four square feet and may be printed on or attached flat against the surface of the lower portion of an awning. An eight -foot clearance must be maintained from the sidewalk to the lowest portion of the awning or awning sign. Any awning sign shall count toward the maximum wall sign size per Code. Maximum one awning sign per wall. Awning signs not used in conjunction with wall signage may use up to the maximum total square footage as allowed by this Code for wall signage. (Code 1998, § 102-7; Code 2008, § 102-7; Ord. No. 281-C, § 1(ch. 15, § 4(A)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 355-C, § 102-7, 10-23-2007; Ord. No. 2011-02-C, § 1, 4-26-2011; Ord. No. 2012-02-C, § 2, 11-27-2012; Ord. No. 2013-04, § 2, 2-26-2013) CD117:9 § 117-8 CLERMONT CODE Sec. 117-8. Prohibited signs; exceptions. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign described as follows: (1) Commercial or office signs within residentially zoned land. No commercial or office use sign shall be located upon any residentially zoned property, except signs advertising uses allowed outright, by variance, or by conditional use permit approval in that residential zone that conform with the sections of this chapter and other provisions of this land develop- ment code relating to that use. (2) Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring or method of illumination; or any sign which obstructs vision between pedestrians and vehicles using the public right-of-way, including, but not restricted to, those not meeting visibility require- ments of this land development code. Specifically prohibited are: a. Signs using rotating or flashing signal lamps similar to those used on emergency vehicles, regardless of location or color. b. Signs that resemble any official sign or marker erected by any govern- ment agency, or that by reason of position, shape or color would conflict with the proper functioning of any traffic sign or signal, or be of a size, location, movement, color or illumination that may be reason- ably confused with or construed as, or conceal, a traffic control device. C. Signs using lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color. d. Signs within 50 feet of public rights - of -way or 100 feet of traffic control lights that contain red or green lights that might be confused with traffic control lights. e. Signs using words and traffic control symbols so as to interfere with, mislead or confuse traffic, such as "stop," "look," "caution," "danger" or "slow." f. Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist or pedestrian using or entering a public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics. (3) Signs of any description erected or placed in any location where the sign's presence will interfere with clear sight distances of either motor vehicles or pedestrian traffic. (4) Signs that are in violation of the Florida Building Code or electrical codes adopted by the city. (5) Signs with visible moving, revolving or rotating parts or visible mechanical move- ment of any description or other appar- ent visible movement achieved by electrical, electronic or mechanical means, except for traditional barber poles. (6) Signs with the optical illusion of move- ment by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. (7) Signs commonly referred to as wind signs, consisting of one or more pennants, rib- bons, spinners, streamers or captive bal- loons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. (8) Signs or sign structures that interfere in any manner with free use of any fire escape, emergency exit, standpipe, window, door or opening used as a means of ingress or egress or ventilation or so as to prevent free passage from one part of a roof to any other part thereof. (9) Signs that display any statement, word, character or illustration of an obscene, indecent or immoral nature. • is • CD117:10 SIGNS § 117-8 (10) Signs that contain any lighting or control 2. Multi -tenant developments mechanism that causes unreasonable must submit a grand opening interference with radio, television or other package and application for city communication signals. approval. (11) Banner signs, except for the following: 3. One sign or banner per project outparcel. a. Those of a temporary nature which 4. One ten-day period. are incidental to a convention, nonprofit or noncommercial venture 5. One 24-square foot maximum and are approved by the city sign or banner area. administrative official. These types 6. Sign or banner is temporarily of banner signs shall not exceed 32 permitted and is to be installed square feet in size. They must also by the owner or agent of the be placed on the parcel of land property or business. where the event is to be held or on a 7. Sign or banner must adhere to location approved by the city all other applicable regula- administrative official. Banners tions with this chapter. cannot be connected in any fashion to landscaping, retaining walls, 8. Banners may be attached fences or light poles. Banner signs temporarily to the building shall only be allowed for 30 days. provided they do not interfere An application and site plan must with pedestrian access. be submitted to the planning and 9. Signs or banners cannot be development services department connected in any fashion to two weeks prior to the event for landscaping, retaining walls, approval by the city administrative fences, light poles or flag poles. official. 10. Grand opening signage under b. Residential subdivisions and apart- this section shall only be ment complexes may display two allowed for a verified new busi- flag banners at the entrance to the ness as established through a subdivision or complex and one flag new business tax receipt, banner at each model home or apart- change of business, or change ment building limited to 16 square in ownership as established feet and to be displayed only during through the state department the time the model homes or apart- of state, division of corpora- ments are open for inspection. tions. C. Permanent, nonilluminated signs on 11. Grand opening proposal must fabric canopies in place of marquee be reviewed, approved and signs. Banner signs may not be permitted by the planning and placed across any street or development services depart - thoroughfare. ment under a promotional activity permit prior to any d. One grand opening signage proposal sign or banner being installed. is allowed according to the following restrictions: (12) Banners or signs placed across any street 1. One sign obanner per new or other public way or premises without business within the first 30 first having obtained written approval of days of opening with applica- the administrative official. tion and city approval. (13) Signs having florescent colors. CD117:11 § 117-8 CLERMONT CODE 0 (14) The following signs or sign features: 306-C, § 2, 3-27-2001; Ord. No. 2011-02-C, § 1, a. Bull's eye, sequential or flashing 4-26-2011; Ord. No. 2012-02-C, § 2, 11-27-2012; lights designed to focus attention to Ord. No. 2013-11, § 2, 7-23-2013) a single point. b. Signs that incorporate projected Sec. 117-9. Illumination. images or that emit audible sound, odor or visible matter such as smoke The illumination of any sign located so as to or steam that is intended to attract be visible from any street or thoroughfare shall the attention of the general public, not exceed three footcandles at any point along or that involve the use of live the paving or curb. The brilliance of lighting at animals. any location shall conform to the standards of C. Handmade, nonprofessional signs the commercial zone at the borders of residential other than exempt yard sale signs. property. (15) Signs in any public right-of-way of the (Code 1998, § 102-9; Code 2008, § 102-9; Ord. No. federal, state, county or city or on public 281-C, § 1(ch. 15, § 4(B)), 11-8-1994) utility poles and trees. (16) Signs on seawalls and retaining walls. Sec. 117-10. Construction and (17) Abandoned signs. maintenance standards. (18) Roof signs. (a) All signs, together with their supports, (19) Off -site signs, except for those expressly braces, guys and anchors, shall be erected, permitted in section 117-16. constructed and maintained in accordance with (20) Signs that are painted or printed on any the provisions and requirements of the Florida curbstone, flagstone or pavement, or any Building Code, the electrical code, and all other portion of any sidewalk or street, except applicable codes, ordinances or requirements of specifically authorized house numbers the city. All copy shall be maintained so as to be and traffic control signs. legible and complete, and if of painted material, (21) Strings of light bulbs used on in whole or in part, shall be kept well painted, nonresidential structures for commercial and shall be repainted whenever the paint is purposes, other than traditional holiday peeling, blistered or faded. decorations. (b) The area immediately surrounding ground (22) Any other signs that are not specifically signs shall be kept free of all untended vegeta- permitted or exempted by this chapter. tion and debris so as to comply with the intent of (23) Ancillary signage attached to the sign this chapter. face, frame or support structure of a permitted sign shall be prohibited (i.e., (c) No sign of any type shall be constructed, credit cards, copies, cigarettes, etc.), this placed or erected on any space used to meet the section shall include the placement of city minimum parking requirements. stickers or banners on the sign face, frame or support structure. (d) The administrative official or the (24) Human signs that are advertising firms, established designee thereof shall inform the companies, organizations, or individuals owner whenever the requirements of this chapter that, along with their goods and services, are not complied with. Signs not in compliance are not located on the same premises as shall be removed by the owner, agent or person the human sign. having beneficial use of the location within 30 (Code 1998, § 102-8; Code 2008, § 102-8; Ord. No. days after written notification from the 281-C, § 1(ch. 15, § 4(B)), 11-8-1994; Ord. No. administrative official. is CD117:12 SIGNS § 117-14 0 • (e) Any sign not in compliance within this section for longer than 90 days shall be deemed not to be in continuous use as provided in section 117-24. (Code 1998, § 102-10; Code 2008, § 102-10; Ord. No. 281-C, § 1(ch. 15, § 4(C)), 11-8-1994; Ord. No. 320-C, § 2, 4-26-2005) Sec. 117-11. Modification of conforming signs. (a) Modifications shall not result in a sign which violates the requirements of this chapter or other requirements of this land development code. (b) Modifications which alter height or sign area shall require a sign permit as provided in this chapter. (c) Modifications shall be subject to the appropriate and applicable provisions of this chapter. (Code 1998, § 102-11; Code 2008, § 102-11; Ord. No. 281-C, § 1(ch. 15, § 4(D)), 11-8-1994) Sec. 117-12. Height and setbacks. (a) Generally. Measurements for height and setback for all signs shall be made from that portion of the sign nearest that point of ground reference to which the measurements are to be made. The height shall be measured from grade level at the location of the sign and shall include all decorative portions of the signs. All setback measurements shall be made from the property line as a point of reference unless otherwise specified. (b) Measurement applicable to sign type. The following measurements apply to the type of sign as listed: (1) Ground signs. No ground sign shall be located nearer than 50 feet from intersect- ing street right-of-way lines on Highways 50 and 27, and 30 feet on other streets. (2) Wall signs. Wall signs may not project more than 18 inches from the wall and may not extend above the roof or facade line. (3) Projecting signs. Projecting signs must be a minimum of eight feet above grade level or pedestrian ways and may not extend above the roof or facade line. (4) Vehicle /portable signs. Vehicle/portable signs may be located adjacent to the property line with permission of the administrative official or established designee thereof. (5) Ground directional signs. Ground directional signs may be located adjacent to the property line. (6) Flag poles. Flag poles shall have a maximum height of 30 feet above grade. (Code 1998, § 102-12; Code 2008, § 102-12; Ord. No. 281-C, § 1(ch. 15, § 4(E)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 320-C, § 2, 4-26-2005) Sec. 117-13. Limitation on total area and number; division of property. Except where specifically permitted, the number, type and area of signs may not be combined to allow a larger size or greater number of signs than that listed for the specific parcel in the designated zoning district. Where the front- age of a parcel has been utilized previously to permit a sign or signs and one or more lots or parcels are subsequently sold or subdivided, no new sign may be erected on the property sold or subdivided until the size of the original sign or signs is brought into conformity with the remain- ing frontage. (Code 1998, § 102-13; Code 2008, § 102-13; Ord. No. 281-C, § 1(ch. 15, § 5), 11-8-1994) Sec. 117-14. Determination of area and number. (a) Area. For the purpose of determining sign area, the total area that is within the smallest single parallelogram, triangle, circle or semicircle which will completely enclose the outside perimeter of the overall sign, including the border, if any, shall be considered the square footage for calculation of sign area. Braces and other sup- port mechanisms shall be excluded from such calculations. CD117:13 § 117-14 CLERMONT CODE (b) Number. For the purpose of determining (iv) Sign area shall be defined the number of signs, the term "sign" means a as that area above the single display surface or display device contain- base. ing elements organized, related or composed to 4. If a single occupancy business form a unit. Where matter is displayed on more has multiple frontages with an than one plane, or there is reasonable doubt architectural design indicat- about the relationship of elements, each element ing front street orientation to shall be considered a single sign. Where a sign both frontages, an additional consists of a group of detached letters or two or ground sign shall be permitted more detached letters, or two or more panels on with a maximum square foot - the same plane which utilize the same supports age of up to 50 percent of that and are presented as a single entity for advertise- allowed on the primary front- ment, the entity shall be considered as one sign. age. The area for the sign shall be calculated as 5. Height and width. described in subsection (a) of this section. A double-faced or back-to-back sign, in which the (i) Ground signs fronting on faces are parallel, shall be considered a single local roadways shall not sign and the area computed using one face. exceed six feet in height. Exempt signs shall not be counted in the allowed (ii) Ground signs fronting on number of signs. collector roadways shall (Code 1998, § 102-14; Code 2008, § 102-14; Ord. not exceed eight feet in No. 281-C, § 1(ch. 15, § 5(A), (B)), 11-8-1994) height. (iii) Ground signs fronting on Sec. 117-15. Permitted signs. SR 50 and U.S. Highway (a) Commercial districts. The following provi- 27 shall not exceed ten sions govern signage in commercial districts: feet in height. (iv) Ground signs shall not (1) Single occupancy commercial, office, and exceed ten feet in width. industrial sites, including outparcels. (v) Ground signs may be an a. Ground signs. additional 12 inches in 1. All signs shall be ground signs. height for ornamental 2. Ground signs may not be display only. permitted on vacant property 6. Setback. unless otherwise permitted in (i) The minimum setback section 117-16. from the right-of-way line 3. One ground sign per parcel for shall be five feet. each primary street frontage (ii) The minimum setback shall be permitted. The from any side or rear yard maximum allowable sign area property line shall be ten is: feet. (i) Sites on designated arte- (iii) The minimum setback rial roadways is 60 square from any residential feet per face. zoning district shall be 20 (ii) Sites on designated collec- feet. for roadways is 48 square 7. Corner lots visibility triangle. feet per face. (iii) Sites on internal roadways No ground sign shall be located nearer than 50 feet from is 32 square feet per face. intersecting street right-of- CD117:14 SIGNS § 117-15 way lines on U.S. Highways 50 equal to 15 percent of the front and 27, and 30 feet on other wall face height multiplied by streets. the building width, not exceed- 8. Design. ing 200 square feet. A second- (i) Vertical structure sup- ary wall sign may be permitted ports for ground signs on up to two walls provided it shall be concealed in an is a maximum 50 percent of enclosed base. The width the primary wall sign's square of such enclosed base shall footage, and both signs square be equal to at least one- footage shall be counted half the horizontal width separately toward the of the sign surface. maximum total square footage (ii) The base shall be of an as allowed by this code for wall architectural style similar signage. to that of the principal building to include split 2. One wall sign facing the interior face block, finished metal of a nonresidential develop - or brick or stucco finish. ment may be allowed for out- (iii) The base of the sign shall parcels or interior development be a minimum of two feet facing entrances. The interior in height. facing wall sign may only be a (iv) Shall have a maximum of maximum of 50 percent of any two faces. front wall sign square footage, or a maximum 32 square feet 9. Sign landscaping. A landscaped in total area, whichever is less, planting area a minimum of as allowed by this Code. 100 square feet in size shall be provided around the base of 3. One marquee sign parallel or any ground sign. The landscape perpendicular to the road or shall include shrubs and street, not exceeding 32 square groundcover. The landscape feet may be permitted provided area shall be counted towards no other wall sign is utilized the minimum landscape and on the same fascia. previous area requirements for a site. 4. One projecting sign per busi- 10. Sign illumination. Ground ness, below a marquee or signs may be illuminated canopy, a minimum of eight internally or externally. The feet in height above any source of externally illuminated pedestrian way, and not project signs shall be installed to that beyond the sidewalk. Such it is arranged or screened as to signs shall not exceed four not shine, glare or adversely square feet. impact adjacent properties or roadways. 5. High-rise, multiunit office, retail and industrial centers. b. Wall signs. High-rise, multiunit office, 1. One primary wall sign on each retail and industrial centers wall of the building, parallel or that have a common primary perpendicular to a road or entrance may be allowed only street, not exceeding an area one wall sign. Wall signs for CD117:15 § 117-15 CLERMONT CODE each individual business within similar temporary parking use, such a center are not permit- may be utilized for a maximum ted. ten -square -foot sign. (i) Such signs shall be placed (2) Multiple occupancy commercial sites. upon the wall of a build- ing, or upon the parapet a. Commercial center identification of a building. ground signs. (ii) Such signs shall not 1. Office buildings and com- extend above the roofline mercial centers. Multitenant of any building except office buildings and commercial when placed upon a centers, including shopping parapet, in which case the centers, shall be permitted sig- sign shall not extend nage under this section. A above the parapet wall. center identification ground (iii) All high-rise signs must sign shall be located on the clearly be on -site signs. site and shall be limited to the Should circumstances name of the center and/or the change so that said signs names of the occupants of the are no longer on -site signs, center. they shall be deemed illegal and be removed. 2. Multiple frontages. If the build- ing has multiple frontages with (iv) Where a high-rise sign an architectural design indicat- would be within 1,000 feet ing front street orientation of of residential districts, both frontages, an additional such high-rise sign shall ground center identification not be lit. sign shall be permitted with a (v) The maximum allowable maximum square footage of up copy area for signs below to 50 percent of that allowed 30 feet above ground level on the primary frontage. shall not be more than 3. Maximum signage area. Sign one square foot for each area shall be in addition to the linear foot of building sign area allowed for the frontage along the individual occupants and shall primary street frontage of be on the gross leasable areas the building. The (GLA) within the centers. maximum allowable copy area for signs higher than (i) Centers of 75,000 square 30 feet above ground level feet or more shall be a shall be five square feet maximum of 120 square for every 1,000 square feet feet. of gross floor area; (ii) Centers of 10,000 square provided, however, that in feet to 75,000 square feet no event shall the total shall be a maximum of 75 sign area exceed 800 square feet. square feet. (iii) Centers up to 10,000 6. A canopy located over a build- square feet shall be a ing front sidewalk area, park- maximum of 60 square ing area or storage area, or feet. CD 117:16 • �J SIGNS § 117-15 4. Height. The maximum height for any commercial center sign shall be 15 feet. 5. Setbacks. (i) Fifty feet from any side lot lines, or equidistant from side lot. (ii) The minimum setback from the right-of-way line shall be ten feet. 6. Sign landscaping. A landscaped planting area a minimum of 100 square feet in size shall be provided around the base of any ground sign. The landscape shall include shrubs and groundcover. The landscape area shall be counted towards the minimum landscape and previous area requirements for a site. b. Wall signs. 1. One primary wall sign on each wall of the building, parallel or perpendicular to a road or street, not exceeding an area equal to 15 percent of the front wall face height multiplied by the building width, not exceed- ing 200 square feet. A second- ary wall sign may be permitted on up to two walls provided it is a maximum 50 percent of the primary wall sign's square footage, and both signs square footage shall be counted separately toward the maximum total square footage as allowed by this code for wall signage. 2. One wall sign facing the interior of a nonresidential develop- ment may be allowed for out - parcels or interior development facing entrances. The interior facing wall sign may only be a maximum of 50 percent of any front wall sign square footage, or a maximum 32 square feet in total area, whichever is less, as allowed by this Code. 3. One marquee sign parallel or perpendicular to the road or street, not exceeding 32 square feet may be permitted provided no other wall sign is utilized on the same fascia. 4. One projecting sign per busi- ness, below a marquee or canopy, a minimum of eight feet in height above any pedestrian way, and not project beyond the sidewalk. Such signs shall not exceed four square feet. (b) Shopping centers. Shopping centers may be permitted signage under this subsection, subject to the following criteria: (1) All shopping center signage shall be reviewed and approved by the city as to final size, location and coordination as part of the site development plan review process. (2) Individual businesses in shopping centers shall not be permitted to have personal- ized ground signs advertising only their business. (3) Each shopping center shall be permitted one wall sign on each end of the building, not exceeding 128 square feet. (4) Each tenant of a shopping center shall be allowed to construct the following signs: a. One wall or marquee sign per busi- ness, not exceeding an area equal to 15 percent of the front wall face height multiplied by the business frontage, including windows and door area. b. One sign per business, erected perpendicular to the building, not projecting beyond the sidewalk, and below a marquee or canopy. Construction shall be a minimum of CD117:17 § 117-15 CLERMONT CODE eight feet in height above any pedestrian way, and sign area shall not exceed four square feet. (5) Each internal tenant of a shopping center shall be allowed to construct one wall sign per business, not exceeding 32 square feet or sign area. (c) Industrial complexes and industrial parks. Industrial complexes and industrial park subdivi- sions may be permitted signage under this subsec- tion, subject to the following criteria: (1) All complex and park signage shall be reviewed and approved by the city as to final size, location and coordination as part of the site development plan review process. (2) Each industrial multitenant complex or industrial park subdivision shall be permitted one ground sign identification sign on each arterial street frontage or principal entry to the park according to the following standards. Such signs shall not exceed 15 feet in height and 20 feet in width. Ground signs shall be set back a minimum of 25 feet from the side lot lines and five feet from rights -of -way. a. Industrial multitenant complexes or parks having under 50,000 square feet of floor area may be permitted park or complex identification sig- nage of 100 square feet or less. may be permitted one wall sign on each end of the building, not exceeding 32 square feet. The design and height requirements for the wall signs shall meet the following design guidelines: a. Signs shall consist of individual let- ters. b. Signs shall be illuminated by means of reverse channel opaque faced individual letters or external floodlighting. C. Signs shall primarily be made of wood or metal, or other materials simulating wood or metal. Solid plastic sign faces shall be prohibited. (5) Each tenant of a multitenant complex shall be allowed to construct the follow- ing signs: b. Industrial multitenant complexes or parks having 50,000 or more square of floor area may be permitted complex or park identification sig- nage of 120 square feet or less. (6) (3) Each platted lot in an industrial park subdivision may be permitted ground identification sign on each street front- age, not to exceed 32 square feet. Such signs shall not exceed eight feet in height and 20 feet in width. Ground signs shall be set back a minimum of 25 feet from the side lot lines and five feet from rights -of -way. (4) Each industrial multitenant complex or detached building in an industrial park a. One wall or marquee sign per busi- ness, not exceeding an area equal to ten percent of the front wall face height multiplied by the business frontage, including windows and door area, not to exceed 100 square feet. b. One sign per business, erected perpendicular to the building, not projecting beyond the sidewalk, and below a marquee or canopy. Construction shall be a minimum of eight feet in height above any pedestrian way, and sign area shall not exceed four square feet. Directory signage for multitenant complexes may consist of one wall or ground directory sign for each building, not to exceed two square feet per tenant, or 24 square feet in total area, whichever is less. Such signage shall be oriented to parking and pedestrian areas for directional purposes only and shall not be oriented outside the complex. The maximum height of any individual letter within the permitted area shall not exceed four inches. Freestanding directory signs shall not exceed eight feet in height. is • CD117:18 SIGNS § 117-15 (d) Office complexes and office parks. Office b. Signs shall be illuminated by means complexes and office parks may be permitted of reverse channel opaque faced ground identification sign on each street front- individual letters or external age or principal entry to a park, according to the floodlighting. following standards: C. Signs shall primarily be made of wood or metal, or other materials (1) Such signs shall not exceed 15 feet in simulating wood or metal. Solid height and 20 feet in width. plastic sign faces shall be prohibited. (2) Ground signs shall be set back a minimum d. Signs shall have a maximum height of 25 feet from side lot lines and five feet of individual letters not exceeding from rights -of -way. two feet. (6) Each tenant of an office complex shall be (3) Each office complex or office park shall allowed to construct the following signs: be permitted one ground identification a. One wall or marquee sign per busi- sign on each street frontage or principal ness, not exceeding an area equal to entry to a park, according to the follow- ten percent of the front wall face ing standards. Such signs shall not exceed height multiplied by the business 15 feet in height and 20 feet in width. frontage, including windows and door Ground signs shall be set back a minimum area, not to exceed 100 square feet. of 25 feet from side lot lines and five feet b. One sign per business, erected from rights -of -way. perpendicular to the building, not a. Developments having under 25,000 projecting beyond the sidewalk, andbelow square feet of floor area may be a marquee or canopy. Construction shall be a minimum of permitted complex or park identifica- eight feet in height above any tion of 100 square feet or less. pedestrian way, and the sign shall b. Developments having 25,000 or more not exceed four square feet. square feet of floor area may be (7) Directory signage for office complexes permitted complex or park identifica- may consist of one wall or ground direc- tion signage of 120 square feet or tory sign for each internally accessed less. office building, not to exceed two square feet per tenant, or 24 square feet in total (4) Each platted lot in an office park subdivi- area, whichever is less. Such signage sion may be permitted one ground shall be oriented to parking and identification sign on each street front- pedestrian areas for directional purposes age, not to exceed 32 square feet. Such only and shall not be oriented outside the signs shall not exceed eight feet in height complex. The maximum height of any and 20 feet in width. Ground signs shall individual letter within the permitted be set back a minimum of 25 feet from area shall not exceed four inches. Ground side lot lines and five feet from rights -of- directory signs shall not exceed eight feet way. in height. (5) Each office complex or detached building (e) Residential UE, R-1-A, R-1, R-2, R-3-A, in an office park may be permitted one and R-3 zones. Single-family, two-family and wall sign on each end of the building, not multifamily uses may be permitted signage under exceeding 32 square feet. The design and this subsection; however, the following criteria height requirements for the wall signs are to be considered guidelines for maximum shall meet the following guidelines: signage: (1) Signs not exceeding four square feet in a. Signs shall consist of individual let- area offering the specific property for ters. sale, rent or lease are permitted. CD117:19 § 117-15 CLERMONT CODE (2) Nameplates shall be permitted which indicate nothing other than the name and address of the occupants of the premises. Such nameplates shall not exceed two square feet in area. (3) Subdivisions may be permitted one sign for each principal street entrance, not exceeding 32 square feet, indicating only the name of the subdivision. (4) Off -site signs other than those permitted in all districts are prohibited. (5) Multiple -family dwelling units and nonresidential uses in residential zones, including, but not limited to, trailer courts, professional offices, schools, hospitals and other uses requiring a conditional use permit may construct one wall or one ground sign not exceeding nine feet in height for each principal street frontage. Such signs shall indicate nothing other than the name and address of the premises and name of the management. The maximum size for each sign shall be 32 square feet. (Code 1998, § 102-15; Code 2008, § 102-15; Ord. No. 281-C, § 1(ch. 15, § 6), 11-8-1994; Ord. No. 309-C, § II, 6-26-2001; Ord. No. 320-C, § 2, 4-26-2005; Ord. No. 2013-04, § 2, 2-26-2013) Sec. 117-16. Off -site signs. (a) Off -site directional signs for public, nonprofit or religious organizations may be erected with the approval of the administrative official. Such signs shall require a permit and may not exceed four square feet in area. (b) Off -site signs such as open house, garage sale and other directional temporary signs may be erected without a permit when the sign does not exceed four square feet in area in residential districts and 16 square feet in area in com- mercial or industrial districts. Any off -site sign allowed under this subsection may be placed on a parcel of property for a period not exceeding three consecutive days by permission of the administrative official. Such signs must be removed by the owner not more than one day after the sale. (c) Off -site signs shall be allowed on vacant property in zoning districts C-2 and M-1, provided they meet the following requirements: (1) Signs shall be placed on a lot containing a minimum area of 5,000 square feet and be a minimum of 500 feet from any other off -site sign on the same side of the street. (2) Maximum size is 64 square feet. (3) No off -site sign shall be closer than 50 feet to any street right-of-way lines on U.S. Highways 50 and 27, or closer than 25 feet to any other street right-of-way. (4) A minimum 12-foot side yard setback shall be maintained from adjacent proper- ties. (d) All other off -site signs are prohibited. (Code 1998, § 102-16; Code 2008, § 102-16; Ord. No. 281-C, § 1(ch. 15, § 7), 11-8-1994) Sec. 117-17. Portable signs. One portable sign may be permitted on approval of the administrative official or the designee thereof. Application must be made to the administrative official with a fee as approved by resolution of the city council and on file in the city clerk's office, which will be returned upon compliance with all conditions. The permit may be granted only for a period not to exceed 30 days, and only one permit may be issued for a business in a 12-month period. Only one portable sign may be placed per shopping center, industrial or commercial multitenant complex, or industrial or commercial subdivision, or on a lot or parcel. The maximum size of portable signs shall be 50 square feet, and signs shall meet specified condi- tions as to setback, location and tiedown require- ments. (Code 1998, § 102-17; Code 2008, § 102-17; Ord. No. 281-C, § 1(ch. 15, § 8(A)), 11-8-1994) Sec. 117-18. Political signs. Political signs shall be subject to the following provisions and limitations. Messages, including is • • CD117:20 SIGNS campaign messages, on any sign authorized by other provisions of this Code shall not be restricted or affected by this section. (1) Political signs shall not exceed 32 square feet of advertising display area, except in residential zoning districts which shall not exceed six square feet. (2) Political signs may be erected prior to the election to which the political signs pertain and shall be removed within seven days after the election. The winning candidate in a primary election may continue to maintain applicable political signs until seven days after the general election. If such signs are not removed within the specified period, the city may remove such signs and may charge the candidate the actual cost for such removal. (3) Political signs shall be placed on private property only with the consent of the property owners. Political signs that are placed within the public right-of-way or on public property are prohibited and shall be removed by the city without notice. (4) Political signs shall be constructed and placed in a manner that will not harm any person that approaches or touches the political sign. (Code 1998, § 102-18; Code 2008, § 102-18; Ord. No. 281-C, § 1(ch. 15, § 8(B)), 11-8-1994; Ord. No. 2011-02-C, § 1, 4-26-2011) State law reference —Usage and removal of political campaign signs, F.S. § 106.1435. Sec. 117-19. Temporary construction signs. § 117-20 (3) Signs shall require a minimum setback of five feet from a front property line and 25 feet from any side property line. (4) Signs shall be a maximum of eight feet in height. (5) Signs shall not be illuminated in residential zones. (6) Signs shall be removed under the follow- ing circumstances: a. If construction has been halted for a period of more than 30 days. b. Within five days after final inspec- tion of the building or project under construction has been made and a certificate of occupancy has been secured. (7) Subcontractor signs of four square feet or less may be permitted in addition to total sign area, and shall be affixed to or placed immediately adjacent to the main structure sign. (Code 1998, § 102-19; Code 2008, § 102-19; Ord. No. 281-C, § 1(ch. 15, § 8(C)), 11-8-1994) Sec. 117-20. Temporary future improve- ment signs. For subdivisions, planned unit developments and multitenant projects, only one temporary future improvement sign per street frontage, announcing building or future improvements, may be placed on any lot or parcel of land, at the time of preliminary plat or site plan approval. Additional conditions for placement shall be as follows: Temporary construction signs may be permit- (1) Each sign may be a maximum of 32 ted on all lots or parcels of land in any district of square feet in area. the city after a building permit has been secured for development and construction has com- (2) All such signs shall be removed when 75 menced. Additional conditions for placement shall percent of the lots in a platted subdivi- be as follows: sion are sold, or when 75 percent of the (1) One sign shall be allowed for each street building is completed (for apartmentcomplexes, commercial buildings, etc.), frontage. or within two years after plat or site plan (2) Maximum sign area shall be 32 square approval by the city council, whichever 0 feet. comes first. CD 117:21 § 117-20 CLERMONT CODE (3) Signs shall require a minimum setback (2) Motor vehicle service stations and of five feet from a front property line and convenience stores with gasoline pumps 25 feet from any side property line. may utilize up to 50 percent of permitted (4) Signs shall be a maximum of eight feet in sign area for changeable prices of gasolineonly. height. (5) Signs shall not be illuminated in (3) Movie theaters and other performance or residential zones. entertainment facilities may utilize up to (Code 1998, § 102-20; Code 2008, § 102-20; Ord. 80 percent of permitted sign area for No. 281-C, § 1(ch. 15, § 8(D)), 11-8-1994) display of names of films, plays or other performances currently showing. Such changeable copy areas shall be included Sec. 117-21. Signs in newly annexed areas. as part of the permitted sign area. Signs in newly annexed areas are permitted to (4) Changeable copy signs shall be prohibited remain until the land is designated for a specific for office, industrial and residential uses land use. Upon formal designation, such signs except for changes in tenant listing. must conform with the requirements for the appropriate zoning district. (5) Use of changeable copy signs as part of (Code 1998, § 102-21; Code 2008, § 102-21; Ord. permitted wall sign area is prohibited, No. 281-C, § 1(ch. 15, § 8(E)), 11-8-1994) except as described in subsection (3) of this section. Sec. 117-22. Signs on vehicles. (6) Electronic number changeable copy sig- Signs on vehicles that do not increase the size nage. of a vehicle in any direction shall be exempt from a. Freestanding monument signs are the provisions of this chapter so long as such permitted electronic number change - vehicles are not utilized or positioned in a manner able copy for a price section, so as to be used as an on -site sign. Signs which temperature or time only. Such may increase the dimensions of vehicles are electronic copy area shall be for prohibited except as approved by the administra- static display only. Flashing, tive official. Illuminated signs are prohibited animated coursing and the appear - except for signs reading "Taxi" or "Ambulance" ance of any movement other than or showing the destination of public vehicles. No an instantaneous change from one vehicles shall be painted or marked with price, temperature or time to another directional information so as to be used as an are explicitly prohibited. off -site sign. (Code 1998, § 102-22; Code 2008, § 102-22; Ord. b. Electronic number changeable copy No. 281-C, § 1(ch. 15, § 8(F)), 11-8-1994) (LED or similar) signage displays shall not have the capability to have Sec. 117-23. Changeable copy signs. dynamic displays even if not used. Only one continuous LED (or similar) Changeable copy signs shall be regulated under display area for numbers only is the following guidelines. This section shall not allowed on a sign face and may include electronic message boards and the like, include the time or temperature. which are prohibited under this chapter. Such Multiple -copy signs adjacent to each signs shall be permitted in the following manner: other are permissible in a sign face. (1) A changeable copy sign shall comprise C. Time duration. The changeable copy not more than 25 percent of the permit- numbers for price, time or ted sign area, except as described in this temperature may change no more section. than once every ten seconds. CD 117:22 SIGNS § 117-25 0 • d. Only the numbers themselves may be lit with the remaining background non -lit or black. No neon or similar lighting shall be permitted in conjunction with a sign using electronic number changeable copy signage. e. Brightness or glare shall be controlled to avoid distractions to vehicular traffic, pedestrian, and adjoining properties. Adjustments shall be made upon written request from the city. f. All electronic copy number signs shall be installed with an ambient light monitor. g. Dimmer control electronic number changeable copy signs must have an automatic dimmer control that automatically adjusts the sign's brightness in direct correlation with ambient light conditions. h. Brightness. No electronic number changeable copy sign shall exceed a brightness level of 0.3 footcandles above ambient light conditions, as measured using a footcandle (Lux) meter at a preset distance depend- ing on sign area. The measurement distance shall be calculated with the following formula: The square root of the product of the sign area times 100. Example: 4 (30 square feet x 100) 54 feet. (Code 1998, § 102-23; Code 2008, § 102-23; Ord. No. 281-C, § 1(ch. 15, § 8(G)), 11-8-1994; Ord. No. 320-C, § 2, 4-26-2005; Ord. No. 2012-02-C, § 2, 11-27-2012) Sec. 117-24. Nonconforming signs. (a) It is the intent of this chapter to allow nonconforming signs permitted before the adop- tion of the ordinance from which this land development code is derived to continue until they are no longer used, or become hazardous, but not to encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of this chapter. Thereafter, all such nonconforming signs shall be deemed unlaw- ful and prohibited and subject to the enforce- ment provisions of this chapter. (b) Subject to the limitations imposed by this chapter, a nonconforming sign use may be continued and shall be maintained in good condi- tion as required by section 117-10; however, a nonconforming sign shall not be: (1) Structurally changed, but its pictorial content may be changed. (2) Structurally altered to prolong the life of a sign except to meet safety require- ments. (3) Altered in any manner that increases the degree of nonconformity. (4) Expanded. (5) Continued in use after cessation or change of the business, business ownership or activity to which the sign pertains. (6) Reestablished after damage or destruc- tion if the estimated cost of reconstruc- tion exceeds 50 percent of the replacement cost. (7) Continued in use when a conforming sign or sign structure is permitted and erected on the same premises or unit. (8) Continued in use when any land use to which the sign pertains has ceased for a period of 30 consecutive days. (c) The casual, temporary or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming sign or to create any rights in the continuance of such sign. (Code 1998, § 102-24; Code 2008, § 102-24; Ord. No. 281-C, § 1(ch. 15, § 9), 11-8-1994) Sec. 117-25. Illustrations. The following figures depict standards relevant to this chapter. CD 117:23 § 117-25 1 = Ground 2 = Freestanding 3 = Projecting 4=Wall 5 = Marquee 6 = Sandwich be (maximum 4': CLERMONT CODE i Figure 117-25A. Sign Types All signage must be submitted to the planning and development services department for review and approval prior to building permit application. 0 • CD 117:24 • • SIGNS § 117-25 Area = Height x Width Use a geometric figure around entire outer limits of the sign lettering and logo area (if used) Sign area = %z B x H Not to Scale Wall sign example: Width Height anny.'s Dine Figure 117-25B. General Area Calculation Formula CD117:25 § 117-25 CLERMONT CODE Sign on wall, painted or channel letters Area = Height x Width Use a geometric figure around entire outer limits of the sign lettering and logo area (if used) Cabinet signs use all cabinet area for area calculation Figure 117-25C. Sign Area: Wall Signs • • CD 117:26 SIGNS § 117-25 0 • Sign painted on window or displayed in window. Maximum 25 percent of window area. Area = Height x Width Use a geometric figure around entire outer limits of the sign lettering and logo area (if used) Glass areas separated by less than a 6 inch frame shall be counted as one area. Multiple signs may be counted separately toward to total square feet in such areas. Cabinet signs use all cabinet area for area calculation Figure 117-25D. Sign Area: Window Signs CD 117:27 § 117-25 CLERMONT CODE 0 Width 1//IFA M�Md FAIIIAI Sign base (equal to at least % the horizontal width of the sign surface . 2' nun. -- - - - - - - - - -- - -- - -- -----�-- - - - --- Natural Grade - - -- Sign Area = Height x Width Use geometric figure around entire outer limits of the sign lettering and logo area (if used) Cabinet signs use all cabinet area for area calculation (figure above) Signs with two faces: Area = (Height) x (Width) of largest sign face area Natural grade shall be construed to be the lower of. a. Existing grade before construction, or b. The newly established grade aficr construction, exclusive of any filling, mounding or excavating solely for the purpose of placing the sign Figure 117-25E. Sign Area: Ground Signs • CD 117:28 SIGNS § 117-25 0 • • Your Height Bank Sign with four faces (4HW): Area = (4) x (Height) x (Width) of largest sign face area Danny's Diner Height Width Three dimensional Sign (2HL) Area = (2) x (Height) x (Width) Use geometric figure around entire limits of the sign lettering and logo area (if used) Maximum 2 foot projection Figure 117-25F. Sign Area: Ground Signs and Projecting Signs (Code 1998, § 102-25; Code 2008, § 102-25; Ord. No. 281-C, § 1(figs. 15-1-15-7), 11-8-1994; Ord. No. 2010-05-C, § 2, 3-23-2010) CD117:29 § 117-26 Sec. 117-26. Other signs. CLERMONT CODE (a) Mural signs. Artwork painted or affixed to building walls, facades or other exterior surfaces shall be limited to the sides and rear building facades on the first floor of any commercial buildings located in the Central Business District. The city council may approve larger murals as a variance to the land development codes, at a public hearing after notice to adjacent property owners. Mural artworks are to be exclusively noncommercial in nature, and in no way identify a product and deemed to provide artistic value and benefit to the surrounding area and not just of benefit to the building or business proposing the mural. Murals and works of art shall be permitted on the sides and rear of any com- mercial building walls and shall not be allowed on any front building facades and walls. The front building facade is determined as any facade facing a vehicular street right-of-way. (b) Regulations and prohibitions of mural artwork and similar signs. (1) Works of art and murals shall be located in the Central Business District (CBD). Murals and artwork projects are prohibited for residential only buildings and uses. (2) The artwork should show sensitivity, be family -oriented, appropriate for all ages, educational, display community values, provide creativity and quality workman- ship, enrich history, and create a vision of what makes it unique. Artwork projects may not encompass any nudity, offensive languages or gestures, gang symbols, graf- fiti, political affiliations, drugs or alcohol symbols, violence, and no racial or hate messages within its content. The maximum amount of text within any mural shall be limited to five percent. (3) Corporate logos and/or any commercial signage shall be prohibited for any art project or artwork design content. This article will not permit or allow any type of illegal sign, irrespective of artist content. (4) The property owner is required to obtain a permit for any artwork and/or mural art project display before the installation of any art display on any buildings. The artwork permit application must include an 11-inch by 17-inch sketch/graphic design of the proposed artwork for review by the designated city staff. All proposed artwork must include the artwork display location on site and/or buildings. (5) All works of art must comply with any applicable city codes and regulations that include any applicable building and fire code requirements for installation, creation, and construction on site. No art project can be placed on or located on any streets, sidewalks, dedicated easements, city -owned property, rights -of -way, public access and must comply with any ADA requirements for the site. (6) Custody, supervision, maintenance and preservation of the murals and artworks is the responsibility of the property owner. The property owner is required to maintain the mural and artwork in good condition at the approved location. Failure to comply with this requirement as required by law or other applicable guidelines shall subject the property owner to code enforcement action including viola- tions and fines, and the city council may revoke the permit after a public hearing. (7) A hold -harmless release and identifica- tion wavier in a form acceptable to the city must be signed by the property owner that excludes, indemnifies and releases the city of any liability for public art projects on private property. (Code 2008, § 102-26; Ord. No. 2020-38, § 2, 11-10-2020; Ord. No. 2022-037, § 2, 9-27-2022) • • CD 117:30 • • 1� u Chapter 118 RESERVED CD118:1 • �J C� Chapter 119 SUBDIVISIONS* Article I. In General Sec. 119-1. Definitions. Sec. 119-2. Chapter supplemental to state law. Sec. 119-3. Intent of chapter. Sec. 119-4. Dedication and acceptance of public facilities. Sec. 119-5. Compliance with chapter. Sec. 119-6. Installation of improvements. Sec. 119-7. Penalty for sale or transfer of land without approved plat. Sec. 119-8. Inspections. Secs. 119-9-119-34. Reserved. Article H. Administration Division 1. Generally Sec. 119-35. Authority of city manager. Sec. 119-36. Concurrency management. Sec. 119-37. Compliance with other regulations. Secs. 119-38-119-62. Reserved. Division 2. Variances Sec. 119-63. Authorized. Sec. 119-64. Application. Sec. 119-65. Determination by council. Seca. 119-66-119-88. Reserved. Article III. Plats and Plans Division 1. Generally Seca. 119-89-119-119. Reserved. Division 2. Preliminary Plan Sec. 119-120. Procedure for review and approval. Sec. 119-121. Format and required information. Sec. 119-122. Additional information for Class II subdivisions. Seca. 119-123-119-142. Reserved. Division 3. Improvement Plan Sec. 119-143. Procedure for review and approval. Sec. 119-144. Format and required information. Secs. 119-145-119-171. Reserved. Division 4. Final Plat Sec. 119-172. Procedure for review and approval. Sec. 119-173. Format; required information and supporting documents; performance bond. *State law reference -Platting, F.S. § 177.011 et seq. CD119:1 CLERMONT CODE 0 Seca. 119-174-119-199. Reserved. Article IV. Design Standards Division 1. Generally Sec. 119-200. General standards. Sec. 119-201. Parks and recreation sites. Sec. 119-202. Architectural standards. Secs. 119-203-119-227. Reserved. Division 2. Roadways, Streets and Alleys Sec. 119-228. General construction. Sec. 119-229. Layout. Sec. 119-230. Street dimensions. Sec. 119-231. Road construction and design standards. Sec. 119-232. Alleys. Seca. 119-233-119-257. Reserved. Division 3. Lots, Blocks and Easements Sec. 119-258. Lots and blocks. Sec. 119-259. Easements and miscellaneous dedications. Secs. 119-260-119-281. Reserved. Division 4. Stormwater Drainage System Sec. 119-282. General drainage construction. Sec. 119-283. Storm sewers. Sec. 119-284. Stormwater retention areas. Sec. 119-285. Bridges and culverts. Sec. 119-286. Lot grading. Secs. 119-287-119-305. Reserved. Article V. Required Improvements Sec. 119-306. Submission and approval of plans and specifications. Sec. 119-307. Inspection of construction. Sec. 119-308. Field monumentation. Sec. 119-309. Signs and markers. Sec. 119-310. Sidewalks. Sec. 119-311. Electric power lines and streetlights. Sec. 119-312. Street trees. Sec. 119-313. Telephone service, television cable service and other utilities. Sec. 119-314. Storm drainage system. Sec. 119-315. Sewer and water systems. Sec. 119-316. Streets, curbs and gutters. Sec. 119-317. Authority of city engineer. Sec. 119-318. Technical specifications and standards. Sec. 119-319. Illustrations. is CD119:2 SUBDIVISIONS § 119-4 0 ARTICLE 1. IN GENERAL Sec. 119-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Architect means a qualified person registered and currently licensed to practice architecture in the state. Engineer means a registered professional engineer licensed to practice civil engineering in the state. Plan, preliminary, means the material which comprises the first official submission of a subdivi- sion scheme. Plat, final, means the material which comprises the second and the last official submission. Roadway means the portion of the street right-of-way which contains the street pave- ment, curb and gutter, and is used primarily for vehicular movement and secondarily for storm - water drainage. The pavement width is measured from the back of the curb. Subdivision means any division or redivision of a parcel of land, whether improved or unimproved, into two or more lots or parcels of land, each of five acres or less, or any division of a parcel of land if a new street or the establish- ment or dedication of lands for public use is involved. The sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots or building sites shall not be considered a subdivision of land. Subdivision, Class I, means a subdivision requiring no public improvements that involve dedications or easements, except dedication of easements as required by the city, and requiring no public improvements except survey (permanent reference) monuments required by this chapter, sidewalks and street trees. Subdivision, Class II, means any subdivision which is not a Class I subdivision. Subdivision advisory committee (SAC) means a committee consisting of the city manager, the city engineer, the city attorney, the director of public services and the director of planning, or their representatives. Surveyor means a registered professional land surveyor licensed in the state and engaged by the developer. Utility company means any public or private utility, such as, but not limited to, storm drain- age, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead. (Code 1998, § 110-4; Code 2008, § 110-4; Ord. No. 281-C, § 1(ch. 5, § 2), 11-8-1994) Sec. 119-2. Chapter supplemental to state law. The provisions of this chapter shall be in addition to the specific requirements of state statutes regarding the subdivision of land, and subsequent sale of subdivided land. (Code 1998, § 110-1; Code 2008, § 110-1; Ord. No. 281-C, § 1(ch. 5, § 1), 11-8-1994) Sec. 119-3. Intent of chapter. The intent of this chapter is to set forth uniform procedures, well-defined application processes and information requirements that ensure that the subdivision of land within the city is consistent with all applicable minimum development standards, that the approval of such subdivisions will be based upon the provi- sion and availability of adequate public facilities and services concurrent with the impact of the subdivision's development, and that the subdivi- sion is compatible and coordinated with existing and anticipated development within the city and the immediate area surrounding the site. (Code 1998, § 110-2; Code 2008, § 110-2; Ord. No. 281-C, § 1(ch. 5, § 1), 11-8-1994) Sec. 119-4. Dedication and acceptance of public facilities. When an approved plat is recorded by the owner, all streets, rights -of -way, public lands, easements and other facilities shall be deemed to CD119:3 § 119-4 CLERMONT CODE have been dedicated to the parties noted on the plat. However, nothing in this chapter shall be construed as creating an obligation on the part of any governmental agency to perform any construc- tion or maintenance except where the obligation is voluntarily assumed. (Code 1998, § 110-3; Code 2008, § 110-3; Ord. No. 281-C, § 1(ch. 5, § 1), 11-8-1994) Sec. 119-5. Compliance with chapter. No real property shall be divided into two or more lots for the purpose of sale or other transfer of ownership, nor shall development plans be approved or permits issued, without compliance with the requirements of this chapter. (Code 1998, § 110-5; Code 2008, § 110-5; Ord. No. 281-C, § 1(ch. 5, § 3), 11-8-1994) Sec. 119-6. Installation of improvements. (a) Required. All subdivisions shall provide improvements required in this chapter. The requirements and standards of this chapter shall be considered as the minimum required to meet the intent of this land development code. (b) Completion of improvements. A final plat shall not be signed by the mayor and city clerk to allow recording in the public records of the county until required improvements have been accepted by the city, or an agreement and accept- able performance bond have been accepted and executed by the city and developer. (c) Compliance with standard construction details. All construction shall comply with the standard construction details as adopted by resolu- tion of the city council. Any deviation from the adopted standards shall be clearly noted as such in all plans and specifications. If inadvertent deviations in plans are not so noted, adopted standards shall apply. (d) Issuance of building permits and certificates of occupancy. (1) Development permits and building permits shall not be issued in an approved subdivision until the plat for that subdivi- sion has been recorded. (2) Certificates of occupancy shall not be issued in recorded subdivisions until all public improvements have been accepted by the city. However, where existing improvements installed as part of a prior adjacent subdivision provide all neces- sary improvements for lots in a new subdivision, the city may include authorization to issue certificates of occupancy for such lots in the develop- ment order for the new subdivision. (Code 1998, § 110-6; Code 2008, § 110-6; Ord. No. 281-C, § 1(ch. 5, § 4), 11-8-1994) Sec. 119-7. Penalty for sale or transfer of land without approved plat. Any person who, being the owner or agent of the owner of any land located within the city, thereafter transfers or sells such land, or any part thereof, by reference to a plat showing a subdivision of such land, before such plat has been approved by the city council and recorded in the office of the clerk of the circuit court of the county, and any person to whom such transfer or sale is made, shall be punished in accordance with section 1-7, and each day that any structure or land is used in violation of this chapter shall constitute a separate offense. (Code 1998, § 110-7; Code 2008, § 110-7; Ord. No. 281-C, § 1(ch. 5, § 12(D)), 11-8-1994) Sec. 119-8. Inspections. (a) The city engineer, or the designated representative thereof, shall inspect all work while under construction. Upon completion of all work under bond, the developer's engineer shall submit to the city manager a certificate stating that the work has been entirely completed, that it was constructed under the development engineer's periodic observation, and that it substantially conforms in all respects to the plans for required improvements and to the specifications set by this chapter. Upon receipt of this certificate of completion, the city engineer or designated representative shall make a final inspection of each of the contract operations on the site. If the work substantially conforms to all plans and specifications, the city engineer shall inform the city council by letter. The letter shall constitute authority for release of the contractor's performance and payment bond. If the project • • CD119:4 SUBDIVISIONS § 119-36 0 • • does not conform to the requirements of this chapter and the plans and specifications, the city engineer shall notify the developer in writing so that corrective measures may be instituted. (b) Before the performance and payment bond will be released, the developer shall furnish to the city manager one Mylar copy of record drawings and construction drawings, along with three white background prints. (Code 1998, § 110-8; Code 2008, § 110-8; Ord. No. 281-C, § 1(ch. 5, § 8), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Secs. 119-9-119-34. Reserved. ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Sec. 119-35. Authority of city manager. The city manager shall administer and enforce this chapter. (Code 1998, § 110-31; Code 2008, § 110-31; Ord. No. 281-C, § 1(ch. 5, § 12(A)), 11-8-1994) Sec. 119-36. Concurrency management. (a) The purpose of a concurrency manage- ment system is to ensure that all public facilities are available concurrent with the impacts of development. Under this system, and according to the state legislature, no development order may be issued which will cause a public facility to operate below its adopted level of service standard. However, development orders may be conditioned such that needed public facility improvements will be in place concurrent with the impacts of the proposed development. In order to ensure that all public facilities included within the system are available concurrent with impacts of development, concurrency will be determined during the final site plan or final subdivision plan approval process. If a develop- ment proposal cannot meet the test for currency, then it may not proceed under any circumstances and no development orders or permits may be issued. Likewise, if a development fails to meet a condition of approval once it has commenced, then no additional development orders, permits or certificates of occupancy may be issued. (b) The city council has adopted acceptable levels of service for public facilities, including transportation, potable water, sanitary sewer, parks and recreation, drainage and solid waste. The approval of all development orders shall be subject to the availability of adequate levels of service as defined by the level of service standards contained in the capital improvements element of the adopted comprehensive plan. (c) The development permit shall expire within 12 months unless the plat has been recorded. The development permit shall expire within 12 months after the plat has been recorded unless substantial construction work has commenced. If no plat is to be recorded for a project, the permit shall expire within 12 months unless substantial construction work has commenced. The term "substantial construction" means com- mencement and continuous execution of work required to complete the project, not to exceed a three-year time period. (d) All subdivision development approvals shall have the ability to secure capacity reservation for a period of one to three years pursuant to an assessment that facilities are available or will be made available concurrent with the impact of the development. A capacity reservation may become effective after formal approval of the required subdivision plat and completion of the currency management process described in chapter 103. (e) Subdivisions that have received preliminary plan approval, step 1, but not proceeded through the required subdivision improvement plan phase, step 2, or the required plat process, step 3, as described in this chapter, shall not be considered for capacity reservation. All preliminary plan and improvement plan approvals, regardless of granted time extensions as indicated in section 119-120(f)(1) and (2), shall expire three years from the date of formal approval, and the plan shall be required to be resubmitted as a new development. (Code 1998, § 110-32; Code 2008, § 110-32; Ord. No. 281-C, § 1(ch. 5, § 12(B)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) CD119:5 § 119-37 Sec. 119-37. Compliance with other regulations. CLERMONT CODE The developer shall be responsible for comply- ing with laws, regulations or ordinances outside of this land development code and the city. The city shall in no way be responsible for enforcing any other ordinances, regulations, covenants or laws that might be more restrictive than this land development code. (Code 1998, § 110-33; Code 2008, § 110-33; Ord. No. 281-C, § 1(ch. 5, § 12(C)), 11-8-1994) Secs. 119-38-119-62. Reserved. DIVISION 2. VARIANCES Sec. 119-63. Authorized. If a developer can show that strict application of this chapter deprives the developer of the reasonable use of the land, and that the developer suffers a hardship as defined in this land develop- ment code, and that granting of a variance to this chapter will not adversely affect the essential character of the area, the city council may grant a variance. (Code 1998, § 110-51; Code 2008, § 110-51; Ord. No. 281-C, § 1(ch. 5, § 11), 11-8-1994) Sec. 119-64. Application. The developer shall file an application for a variance to this chapter with the city manager, stating clearly and definitively the reason for a request of variance. (Code 1998, § 110-52; Code 2008, § 110-52; Ord. No. 281-C, § 1(ch. 5, § 11(A)), 11-8-1994) Sec. 119-65. Determination by council. Before granting a variance under this divi- sion, the council shall determine, at a public hearing, whether a hardship, as defined by this land development code, exists, and whether the proposed variance will not adversely affect the adjacent property and whether it will not be detrimental to the general public interest. (Code 1998, § 110-53; Code 2008, § 110-53; Ord. No. 281-C, § 1(ch. 5, § 11(B)), 11-8-1994) Secs. 119-66-119-88. Reserved. ARTICLE III. PLATS AND PLANS DIVISION 1. GENERALLY Secs. 119-89-119-119. Reserved. DIVISION 2. PRELIMINARY PLAN Sec. 119-120. Procedure for review and approval. (a) A subdivision plan shall receive its first official consideration as a preliminary plan. (b) Six copies of the preliminary plan and supplemental material specified in section 119- 121 shall be submitted to the subdivision advisory committee at least 14 days prior to the meeting at which it is to be considered. To cover the direct administrative costs of reviewing the plan, the developer shall pay to the city a fee as adopted by resolution of the city council and on file in the city clerk's office. (c) The city manager shall be the agent for receiving these materials and preparation for reporting to the subdivision advisory committee. (d) If the proposed subdivision is to be of substantial magnitude and the developer plans to construct it in phases, the nature and extent of such phases shall be clearly delineated; however, the developer must show the full extent of the development and submit plans and data for the entire development as required by this division. (e) At a scheduled meeting, the subdivision advisory committee will receive reports on and review the preliminary plan and other required supplementary materials to determine compli- ance with applicable regulations. The developer and other persons interested in or affected by the proposed subdivision shall have a right to be heard in person, by letter, or by agent or attorney before action is taken by the subdivision advisory committee. is • • CD 119:6 SUBDIVISIONS § 119-121 0 (f) The subdivision advisory committee will act for preliminary approval, conditional approval with conditions noted, postponement, or disap- proval. The city manager shall notify the developer of the subdivision advisory committee action in writing. (1) • (2) (3) • Preliminary approval. Preliminary approval means that the developer is now authorized to proceed with the preparation of the required improvement plans, outlined in detail under section 119-144. No developer shall proceed with any construction or any other work in or pertaining to the proposed subdivision before obtaining preliminary approval of these improvements in writing. Lots shall not be sold nor shall building construc- tion begin at this time. Preliminary plan and improvement plan approval grants the developer a maximum time period of 12 months within which to submit the final plat for approval, unless a time extension is granted by the subdivision advisory committee. Within this period no substantial changes shall be made in the approved preliminary plan. Conditional approval. Conditional approval means the developer may proceed after written notice from the city manager, as outlined under subsection (f)(1) of this section, but only after the developer has submitted at least five copies of the corrected preliminary plan and improvement plan to the city staff for distribution to the concerned agen- cies. The city manager will notify the developer in writing when conditions are met. Conditional approval grants the developer a maximum time period of 12 months within which to submit the final plat for approval, unless a time exten- sion is granted by the subdivision advisory committee. Within this period, no substantial changes shall be made in the approved preliminary plan. Postponement. Postponement means action is delayed for specific reasons, which shall be noted and transmitted in writing to the developer by the city manager. Certain specific changes may have to be made in the plans, but no completely new resubmission of the plan is required for the developer. (4) Disapproval. Disapproval means denial of the application for the subdivision because the submitted plans are not in compliance with this chapter. For further consideration, the developer must revise and resubmit development plans as though they were a completely new preliminary plan. (Code 1998, § 110-101; Code 2008, § 110-101; Ord. No. 281-C, § 1(ch. 5, § 5(A)), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001) Sec. 119-121. Format and required information. The preliminary plan shall be at a minimum scale of 100 feet to one inch. The required plans shall show the following information: (1) Proposed subdivision name or identify- ing title preceded by the words "Preliminary Plan of it (2) The section, township and range in which the property is located, and the descrip- tion of the boundary survey. (3) The complete name, mailing address and telephone number of the property owner, the developer, the engineer, the surveyor and other persons directly involved in the proposed subdivision. (4) North arrow, with north being at the top of the map, when practical, date of preparation, and any other pertinent legend data. (5) A summary list containing the total acres, number of lots, minimum lot area, linear feet in streets and zoning. (6) A sketch or key map at a scale of not more than 500 feet to one inch showing the position of the subdivision with rela- tion to surrounding streets and proper- ties, and showing other important features such as zoning, railroads, corporate limits, etc. CD119:7 § 119-121 CLERMONT CODE (7) Zoning of adjacent land and plat name of the adjacent subdivisions with plat book and page number, typical lot size, streets and easements or public dedications of such adjacent subdivisions. (8) Certified boundary, surveyed by a surveyor, meeting the requirements of F.A.C. ch. 61G17-6. (9) Conditions on the tract, including all existing watercourses, drainage ditches and bodies of water, marshes, floodprone areas (including elevations), surround- ing physical features affecting the site, isolated preservable trees and other significant features. (10) Existing property lines, buildings, transmission lines, sewers, bridges, culverts and drainpipes, water mains, city limit lines and utility easements. (11) Utilities on or adjacent to the tract. (12) Drafts of protective covenants whereby the developer proposes to regulate land use in the subdivision and otherwise protect the proposed development. (Code 1998, § 110-102; Code 2008, § 110-102; Ord. No. 281-C, § 1(ch. 5, § 5(B)), 11-8-1994) Sec. 119-122. Additional information for Class II subdivisions. The following additional preliminary plan information is required for Class II subdivisions: (1) Location, name and width of all proposed streets, alleys, rights -of -way, easements and purpose of easements, proposed lot lines with dimensions, and lot numbers and block designations. (2) Typical sections showing street type and width, curb and gutter, sidewalks, storm drainage and designs of any proposed fences and entrance structures; and state- ments concerning stormwater disposi- tion, method of water supply and waste disposal, all conforming to city specifica- tions. (3) Contours on the tract, based on North American Vertical Datum, at not less than one -foot elevation intervals. (4) Subsurface conditions on the tract, includ- ing location and results of tests made to ascertain subsurface soil, rock, geotech- nical and groundwater conditions. (5) Proposed public improvements, such as highways or other major improvements planned by public authorities for future construction on or near the tract. (6) Sites and improvements to be dedicated or reserved for public use. (7) Copies of any permits as may be neces- sary due to the nature of the project, such as, but not limited to, permits required by the U.S. Army Corps of Engineers, the St. Johns River Water Management District, the state depart- ment of community affairs, the state department of environmental protection, and other agencies. (Code 1998, § 110-103; Code 2008, § 110-103; Ord. No. 281-C, § 1(ch. 5, § 5(C)), 11-8-1994) Secs. 119-123-119-142. Reserved. DIVISION 3. IMPROVEMENT PLAN Sec. 119-143. Procedure for review and approval. (a) Class II subdivision plans receive their second official consideration as improvement plans. These plans shall be approved by the city engineer, who shall certify that the plan is in conformance with the regulations and require- ments of this chapter. Variance from the require- ments shall be permitted only by city council action. No developer shall proceed with any construction work in the proposed subdivision before obtaining this approval. In subdivisions consisting of less than six lots, if in the opinion of the city manager and city engineer these require- ments would create an unnecessary hardship, the city may waive improvement plan require- ments. • • • CD119:8 SUBDIVISIONS § 119-144 0 • • (b) When improvement plans are submitted to the city manager, the developer shall pay to the city a fee in accordance with the adopted schedule of fees, to cover direct administrative costs of reviewing the plan. (c) The developer shall have an engineer licensed and registered in the state prepare the improvement plans in conformance with the format, design and improvement standards required by this chapter. Utility companies and other concerned public agencies shall be consulted before the plans are prepared. (d) To secure formal action on the improve- ment plans, the developer shall file with the city manager six certified white background prints of the improvement plans. (e) The city engineer shall review the proposed improvement plans and notify the subdivision advisory committee in writing of the engineer's recommendation for approval, conditional approval or denial. (1) Approval. The term "approval" means the developer is now authorized to proceed with the physical improvement in the subdivision after securing any required construction permits, and to proceed with preparation of the final plat. (2) Conditional approval. The term "conditional approval" means the developer may proceed as outlined in subsection (e)(1) of this section, but only after submission of six certified copies of the corrected improvement plans to the city manager. (3) Denial. The term "denial" means disap- proval of the improvement plans. For further consideration, the developer must modify the plans to conform to the require- ments of this chapter, and then submit the revised plans to the city manager as though they were a completely new set of plans. M The developer shall submit a construction and maintenance agreement and bond assuming responsibility for construction and maintenance of streets, alleys and other improvements. Should the developer wish to proceed with the final plat prior to construction, or proceed with construc- tion prior to the final plat, the bond shall be in the amount of 110 percent of a certified construc- tion estimate prepared by the design engineer and approved by the city engineer. Prior to accepting municipal improvements, the city shall require a maintenance bond guaranteeing the satisfactory performance of streets, drainage facili- ties, water and sewer facilities and any other physical improvements for one year after construc- tion is certified by the city engineer as having been completed. The amount of the bond shall be 20 percent of the total improvement cost. In lieu of the bond, a cashier's check made in an amount of 20 percent of the total improvement cost may be drawn in favor of the city. The amount will be placed in certificates of deposit with interest paid to the developer, until one year after construc- tion is certified by the city engineer as having been completed. The bond, with interest, will be returned to the developer upon the city engineer's certification that the facilities need no repair and are performing satisfactorily. (Code 1998, § 110-121; Code 2008, § 110-121; Ord. No. 281-C, § 1(ch. 5, § 6(A)), 11-8-1994) Sec. 119-144. Format and required information. (a) The plans for the required public improve- ments shall be prepared for the approval of the city engineer and applicable governmental agen- cies prior to construction and only after approval of the preliminary plan. Such improvement plans shall show the proposed locations, sizes, types, grades and general design features of each facil- ity, and shall be based on reliable field data by a surveyor or engineer licensed and registered in the state. (b) The improvement construction drawings shall be submitted on white background prints. The sheet size shall be 24 inches by 36 inches unless another size is approved by the city engineer. The drawings shall include the follow- ing information: (1) Street construction plans. The plan and profile of each proposed street shall be shown, indicating the existing ground surface elevation and proposed street grade surface elevation, including exten- CD 119:9 § 119-144 CLERMONT CODE lions for a distance of 100 feet to 300 feet beyond the tract boundary, as required by the city engineer. Design shall be in accordance with good engineering practices. (2) Typical street sections. A typical section of each proposed street shall be submit- ted, in conformance with the adopted standards, showing the width of pave- ment, curb and gutter, the location and width of sidewalks where required, and rights -of -way. (3) Water supply, sewers and stormwater drainage. The drawings shall show the plan and profile of proposed water distribution systems, sanitary sewers and storm drainage sewers or other drainage - ways, with grade and sizes indicated. Stormwater shall be disposed of in a manner agreed upon by the city engineer and applicable governmental agencies. Water and sewer systems shall be approved by the city engineer and the state. (4) Other public improvements. A plan shall be prepared for parks, recreation or other public use areas and improvements. (5) As -built plans. The designing engineer shall submit to the city engineer two sets of white background prints and one Mylar of a certified record drawing showing the constructed facilities plans as located by the surveyor. (Code 1998, § 110-122; Code 2008, § 110-122; Ord. No. 281-C, § 1(ch. 5, § 6(B)), 11-8-1994) Secs. 119-145--119-171. Reserved. DIVISION 4. FINAL PLAT Sec. 119-172. Procedure for review and approval. (a) All subdivision plans shall receive their last official consideration as a final plat. No developer shall sell any lot until after the plat has been recorded. (b) The plat and required supplemental mate- rial shall be submitted to the subdivision advisory committee through the city manager. The plat shall be accompanied by an application fee in accordance with the adopted schedule of fees, and two diskettes (in .DYF format with neces- sary index for the support files) which provide a computer summary on the subdivision plat and actual subdivision data. Recording of the plat shall be accomplished upon the completion of requirements of this chapter. (c) The original plus 15 copies of the plat and required supplementary material shall be prepared as specified in section 119-173 and shall be submitted within 12 months after approval of the preliminary plan; otherwise, the plans shall not receive plat consideration, but may be resubmitted as a new preliminary plan, including required fees. (d) No plat shall be considered for final action by the subdivision advisory committee until it has been reviewed and certified by the city engineer to be in conformance with this chapter. The subdivision advisory committee will review plat certification and then act for approval or disapproval. (e) After the subdivision advisory committee action, the city manager shall mark two copies of the pertinent final plat materials in conformance with the committee's action, keeping one set for the city's files and making the other available to the developer. The city manager shall then notify the developer of the committee's action. The meaning of the committee's action shall be as follows: (1) Approval. The term "subdivision advisory committee approval" means a recom- mendation to the city council at its next scheduled meeting. (2) Disapproval. The term "disapproval" means denial of the present final plat as it is not in compliance with this chapter. (f) No plat shall be considered for action by the city council until it has met the requirements of this chapter. 0 CD119:10 SUBDIVISIONS § 119-200 0 • • (g) No building shall be erected on a lot or parcel of land subject to this chapter, nor shall any building or development use permit be issued therefor, unless such lot or parcel is within a subdivision for which a plat has been recorded and the required improvements have been installed and approved by the city with the exception of model homes and model home centers permitted in conformance with chapter 125. Buildings may be constructed concurrently with the construction of the subdivision improve- ments required by this chapter if a bond accept- able to the city has been posted. Such buildings shall not be issued a certificate of occupancy until all the required improvements have been completed and approved by the city. (Code 1998, § 110-141; Code 2008, § 110-141; Ord. No. 281-C, § 1(ch. 5, § 7(A)), 11-8-1994; Ord. No. 295-C, § 2, 5-23-2000) Sec. 119-173. Format; required informa- tion and supporting docu- ments; performance bond. (a) The final plat shall be prepared by a state registered land surveyor in accordance with F.S. ch. 177, as amended. The plat will be of the size required by the county, drawn to a minimum scale of 100 feet to one inch. The survey for the plat and interior lots shall meet or exceed minimum technical standards in accordance with F.A.C. ch. 61G17-6. (b) The final plat shall include the following features: (1) The plat shall contain space and form for the following necessary acceptances or approvals: a. The mayor, attested by the city clerk. b. The county clerk of the circuit court. (2) The plat shall contain on the face thereof an unreserved dedication to the public of all streets, highways, alleys, parks, parkways, easements, commons or other public places included within the plat, such dedication to be subscribed to by the legal and equitable owners of such lands and with city attorney certification as to correctness of the dedication and adequacy of title thereto. (c) Protective covenants shall be in an approved form for recording. (d) No plat shall be accepted until all taxes and statutory mechanics' liens levied against the lands included in such plat have been joined, paid or satisfied. (e) For construction and installation of municipal improvements, the developer shall provide with the plat an acceptable payment and performance bond prior to the acceptance of the plat by the city council. The bond shall guarantee that all required work shall be completed in full accordance with the plat and all conditions attached thereto. If bond is not thus furnished, the final approval or acceptance of the plat shall be automatically void, and the plat shall not be filed or recorded. All required work shall be completed within a period of 24 months from the date of acceptance of the final plat. (Code 1998, § 110-142; Code 2008, § 110-142; Ord. No. 281-C, § 1(ch. 5, § 7(B)), 11-8-1994) Secs. 119-174-119-199. Reserved. ARTICLE IV. DESIGN STANDARDS DIVISION 1. GENERALLY Sec. 119-200. General standards. (a) Conformance with comprehensive plan. The subdividing and development of any area subject to this chapter shall be in conformity with the general goals, objectives and policies of the adopted comprehensive plan and established specifica- tions of the city. (b) Paving and drainage improvements. Paving and drainage improvements shall be constructed in all subdivisions and shall include the complete clearing and grading of all road rights -of -way, unless specifically shown otherwise on the approved plans. If required to prevent erosion or excessive washing of the shoulders, protective measures shall be taken by the developer as CD119:11 § 119-200 CLERMONT CODE required by the city engineer. Excavations and depressions shall be properly backfilled and compacted. (c) Street construction. A properly prepared subgrade and an approved road base and wear- ing surface shall be provided for all streets. Each street shall be paved to the minimum width established in this land development code and as indicated in the city's design standards. (d) Curbs and gutters or roadside swales. Concrete curbs and gutters shall be constructed on all streets and shall be installed according to the standards established by the city engineer. On recommendation of the city manager and approval by the city council, roadside swales may be constructed according to standards established by the city. The city shall investigate topography, soil conditions and any deed restric- tions in the consideration of this request. (Code 1998, § 110-171; Code 2008, § 110-171; Ord. No. 281-C, § 1(ch. 5, § 9), 11-8-1994) Sec. 119-201. Parks and recreation sites. It is the intent of this chapter that properly located parks, playgrounds and recreation facili- ties be provided in conformance with mandates of the adopted comprehensive plan. The location of any such park and recreation area that may be located within any subdivision shall be clearly shown, and no plat shall be accepted without these areas clearly indicated and their location approved by the city council. Where property abuts a lake, the city may require that dedica- tion of any park or recreation area include certain lake frontage included in the subdivision. (Code 1998, § 110-172; Code 2008, § 110-172; Ord. No. 281-C, § 1(ch. 5, § 9(F)), 11-8-1994) Sec. 119-202. Architectural standards. Site and architectural standards for all develop- ments must be designed in accordance with the city architectural standards, as amended. These standards and guidelines are intended to: (1) Create and maintain a strong com- munity image, identity and sense of place; (2) Create and maintain a positive visual ambiance for the community; (3) Enhance and sustain property values; (4) Promote a high degree of compatibility between surrounding structures and land uses; (5) Establish and promote a standard for quality design and enduring quality development; and (6) Foster civic pride and community spirit by maximizing the positive impact of quality development. (Code 2008, § 110-173; Ord. No. 355-C, § 110- 173, 10-23-2007) Secs. 119-203-119-227. Reserved. DIVISION 2. ROADWAYS, STREETS AND ALLEYS Sec. 119-228. General construction. All subdivisions shall construct a system of roadways and streets to provide access to proposed lots and facilitate the through traffic needs of the project and area. In addition, any unpaved streets which provide access to the subdivision shall be improved as required in this section. (Code 1998, § 110-191; Code 2008, § 110-191; Ord. No. 281-C, § 1(ch. 5, § 9(A)), 11-8-1994) Sec. 119-229. Layout. Streets shall be laid out in consideration of topographic conditions, existing and previously approved streets, proposed roads as reflected in the comprehensive plan, the traffic needs for surrounding land uses, and overall traffic safety. The layout shall specifically be designed as follows: (1) There shall be no private streets or ease- ments for street use platted in any subdivi- sion unless a variance is granted by the city council. Private streets shall conform to the standard roadway design specified in this chapter. Approved private streets shall be privately maintained. All gated communities in the city shall install on each access gate into the community an emergency vehicle access control (EVAC) system. The EVAC system shall be • • 1� u CD119:12 SUBDIVISIONS § 119-229 installed and maintained at the com- lots or more. Where adjoining existing munity's expense for the purpose of public development or other land development safety admittance into their develop- code requirements preclude the develop- ment. The EVAC system shall be in ment of two public street access points, addition, and separate, from the gate an unobstructed driveable accessway may opening system that is provided for the be substituted upon approval of the residents. The installation of the EVAC subdivision advisory committee. system shall be done with a vendor of the community's choice. (5) Street jogs with centerline offsets shall a. Each gated community shall also be prohibited. install at each access gate a keypad (6) Where a subdivision abuts or includes an code entrance device. The keypad arterial or major collector road, streets entrance code must be supplied to the fire department in writing upon and blocks shall be designed so that no installation, and written notice must lot requires access from the arterial or be made when any changes are major collector road. made to the code. (7) All streets that have permanent dead b. It shall be a requirement in the ends shall terminate in a cul-de-sac. design of any gate that, in the event They shall be provided at the closed end of a power failure to the gate, that with a circular dedicated area with a all gates automatically go to the diameter of not less than 120 feet with fully opened position. 80-foot-wide paving. Streets terminated C. Entrance and exit gates must allow temporarily shall end in a cul-de-sac or a minimum of 12 feet of roadway as otherwise approved by the city engineer. clearance when in the open posi- tion. (8) Cul-de-sac streets shall not exceed 1,200 d. New communities must come into feet in length, unless necessitated by compliance with the requirement in topographic or environmental constraints. subsection Mc of this section before (9) Half or partial streets shall be prohibited. any certificates of occupancy for that community will be issued by the (10) Right-of-way line intersections shall be city. rounded with a minimum radius of 25 e. Existing gated communities must feet. A greater radius may be required on come into compliance within 90 days collector or arterial roads, or where road of adoption of the code. construction details require that a greater f. Existing and new communities shall radius be provided. provide five controllers for the EVAC (11) Curb radii at street intersections shall be system to the city. a minimum of 25 feet. (2) Existing streets ending at the project boundary shall be continued into the (12) Street grades shall be determined in project. relation to the drainage installations and (3) Proposed streets shall be designed to natural grades for the subdivision. provide access to adjoining unsubdivided Whenever feasible, street grades shall tracts at appropriate locations for future not exceed eight percent or be less than 0.40 percent, unless otherwise approved subdivision. by the city engineer. Where grades exceed (4) A minimum of two points of access shall eight percent, speed reductions shall be be provided into each subdivision of 25 made and properly signed. CD119:13 § 119-229 CLERMONT CODE (13) All streets shall be named. No name shall be used which will duplicate or be confused with existing street names in the city or county. (Code 1998, § 110-192; Code 2008, § 110-192; Ord. No. 281-C, § 1(ch. 5, § 9(A)(1)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 119-230. Street dimensions. Right-of-way widths, pavement widths, minimum curvature, intersection spacing, and other roadway dimensions (in feet) shall be as follows: Street Type Major Minor Arterial Collector Collector Local Right-of-way 100* 80 60** 60** width Minimum 48 32 24 24 pavement width (includ- ing curb) Minimum 900 600 300 100 centerline (45 mph) (30 mph) (30 mph) radius (horizontal) Minimum/ 0.4%/8% 0.4%/8% 0.4%/10% 0.4%/12% marimu u grade Minimum 660 330 250 250 intersection spacing Minimum 40 40 35 25 radius, back of curb at intersection *Four -lane roads. Width shall be 120 feet for six -lane roads. **Where grades exceed eight percent, speed reductions shall be made, and slower traffic signs shall be properly posted. (Code 1998, § 110-193; Code 2008, § 110-193; Ord. No. 281-C, § 1(ch. 5, § 9(A)(2)), 11-8-1994) subbase. Alternative concrete pavements may be approved pursuant to review and consent of the city engineer and subdivi- sion advisory committee. (2) Curbs. All roads shall have 24-inch-wide concrete curbs. Standard vertical curbs shall be used for enclosed drainage on all roads, including arterials, collectors and local streets. Where swale drainage is approved, alternative curbing may be utilized as authorized by the city engineer. (See the adopted city design standards.) (3) Sidewalks. A minimum five -foot -wide concrete sidewalk shall be constructed along each side of all streets. Each sidewalk shall be located within and in parallel alignment with the street right- of-way. The back of the sidewalk shall be found contiguous with the right-of-way and property line boundary. Standard right-of-way grade shall provide a maximum elevation of three -quarters - inch rise per one -foot run, beginning from the back of the curb to the intersec- tion point at the front of the sidewalk. All sidewalks shall have handicapped access at all intersections. (See the adopted city design standards.) (4) Bikeways. Bikeways shall be constructed on each side of all arterial or collector roads, or at other locations as designated by directive of the comprehensive plan and subsequent studies required pursu- ant thereto. Where the bikeways are not incorporated as a part of the physical road system, concrete bikeways may be utilized as an option when approved by the subdivision advisory committee. Sec. 119-231. Road construction and (5) Unpaved right-of-way areas. The design standards. remainder of the area within the right- of-way shall be cleared, graded, and sodded Basic construction and design requirements or seeded and mulched. for roads shall incorporate the following listed (6) Street signs. Signs for street identifica- items. See the adopted city construction standards tion and traffic control shall be installed for detailed specifications. by the developer, at the developer's (1) Subbase, base and pavement. Roadway expense. pavement at a minimum shall consist of (Code 1998, § 110-194; Code 2008, § 110-194; two inches of asphalt over a six-inch Ord. No. 281-C, § 1(ch. 5, § 9(B)), 11-8-1994; limerock base, over a 12-inch compacted Ord. No. 294-C, § 2, 9-28-1999) • CD119:14 SUBDIVISIONS § 119-259 Sec. 119-232. Alleys. (4) Side lot lines shall be substantially at (a) Alleys may be required in commercial and right angles or radial to right-of-way industrial districts. lines. (b) The width of an alley shall not be less (5) Lots on curves shall be platted to provide than 30 feet, with a paving width of 20 feet. the minimum required lot width at theminimum building setback line, and no (c) Dead-end alleys shall be prohibited. lot shall have a minimum road frontage (Code 1998, § 110-195; Code 2008, § 110-195; of less than 50 feet. Double frontage is Ord. No. 281-C, § 1(ch. 5, § 9(E)), 11-8-1994) undesirable and should be stringently avoided. Secs. 119-233-119-257. Reserved. (6) All corner lots shall be 15 percent wider than the minimum width required by DIVISION 3. LOTS, BLOCKS AND this land development code to ensure EASEMENTS that front setback and structure line -of - site orientation remains consistent along Sec. 119-258. Lots and blocks. roadways. All lots shall be designed to meet the minimum (7) Flag lots are prohibited. (Code 1998, § 110-211; Code 2008, § 110-211; dimensional requirements of their zoning district Ord. No. 281-C, § 1(ch. 5, § 9(C)), 11-8-1994) or any controlling development agreement, and be consistent with allowable density, intensity Sec. 119-259. Easements and cel- s and other development standards adopted in the laneous dedications. city comprehensive plan. The following additional criteria shall be considered in the layout of The following minimum number and size of proposed subdivisions: easements or other dedications shall be reflected (1) The approvable number of lots in the on the plat drawing. Larger easements may be subdivision shall be determined based specifically required based on the size, depth or upon the net useable acreage of the special maintenance requirements of a facility. property to be subdivided (i.e., gross All easements or dedications shall be graphically acreage minus lands in the 100-year depicted unless otherwise noted. floodplain, water bodies, and lands located (1) Utilities. A utility easement shall be below any defined jurisdictional wetland dedicated to the city wherever a proposed area). utility line or other facility is planned or (2) Where a subdivision abuts or includes an located on or adjacent to any property arterial or major collector road, streets not otherwise dedicated to or owned by and blocks shall be designed so that no the city. Minimum size shall be as fol- lot requires access from the arterial or lows: major collector road. Double frontage a. Lines. Potable water, sanitary sewer lots are to be avoided; however, where or reclaimed water lines shall be double frontage lots must be used to covered by an easement across lots, meet this requirement, a sufficient area where necessary, or centered on rear shall be set aside by dedication or ease- lot lines, and shall be at least 15 ment to provide a landscape buffer or feet in width (i.e., 7.5 feet on each wall with landscaping pursuant to criteria lot). required in chapter 123, article II. b. Sewer lift stations. Sewer lift sta- (3) Curvilinear street layouts shall be utilized, and regimented lot and block patterns tions shall be located in a minimum 30-foot-square area located adjacent are to be avoided. to a dedicated public road. CD119:15 § 119-259 CLERMONT CODE (2) Drainage facilities. A drainage easement shall be dedicated where a proposed subdivision is traversed by any existing or proposed watercourse, canal, ditch, storm sewer or other drainageway, and shall be of such width as is necessary to permit proper construction of drainage facilities based on the drainage system of the area. Minimum size shall be as fol- lows: a. City -dedicated water retention areas shall be covered by an easement extending to a minimum of 15 feet beyond the top of the bank. b. Canals or ditches of over 25 feet in width at the top of the bank, or over four feet in depth, shall be covered by an easement and 20 feet beyond the top of the bank on each side. C. Ditches smaller than described in subsection (2)b of this section shall be covered by an easement extend- ing to ten feet beyond the top of the bank on each side. d. Storm sewer lines shall be covered by an easement of no less than 15 feet, centered on the centerline of the pipe. e. The city may require the dedication of a drainage right-of-way over major facilities providing area wide drain- age. (3) Standard lot easements. All platted lots shall reflect the following easements dedicated to the city, which shall be conveyed by a standard note prominently displayed on all sheets of the plat: a. A 7.5-foot drainage and utility ease- ment shall be dedicated along all side and rear property lines. b. Where zero lot line development is proposed, a ten -foot drainage and utility easement shall be dedicated along the non -zero lot line side of the lot, in lieu of the side property line easement required in subsec- tion (3)a of this section. (4) Conservation easements. A conservation easement shall be required to be dedicated to the city over certain wetlands, wetland buffers or wetland mitigation areas, as required pursuant to any controlling development agreement. (Code 1998, § 110-212; Code 2008, § 110-212; Ord. No. 281-C, § 1(ch. 5, § 9(D)), 11-8-1994) Secs. 119-260-119-281. Reserved. DIVISION 4. STORMWATER DRAINAGE SYSTEM Sec. 119-282. General drainage construc- tion. All subdivisions shall construct a stormwater drainage system with appropriate positive out - fall based on the requirements of this chapter and relevant directives of this land development code. (Code 1998, § 110-231; Code 2008, § 110-231; Ord. No. 281-C, § 1(ch. 5, § 9(G)), 11-8-1994) Sec. 119-283. Storm sewers. All inlets, manholes, catchbasins and pipe shall be designed for a ten-year reoccurring frequency and a 24-hour duration. The storm sewer inlets and pipes shall be designed to provide a minimum of five-foot clear travel area for each lane centered in the center of the roadway. All inlets, manholes and catchbasins shall be either poured in place or constructed of precast reinforced concrete. All storm sewer pipe shall be reinforced concrete, and a minimum of 18 inches in diameter, or equivalent. A structure allowing access for maintenance shall be required at all changes of grade or alignment. In addition, structures shall be required at the following maximum intervals along any storm sewer: Pipe Size (inches) Maximum Distance (feet) 18 150 24 250 30 300 36 300 • • �J CD 119:16 SUBDIVISIONS § 119-307 0 • Pipe Size (inches) Maximum Distance (feet) 42,48 400 54 or larger 500 (Code 1998, § 110-232; Code 2008, § 110-232; Ord. No. 281-C, § 1(ch. 5, § 9(G)(1)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 119-284. Stormwater retention areas. Stormwater retention areas shall have a maximum side slope of three feet of run for every one foot of rise, three to one, horizontal to vertical. All side slopes shall be sodded; however, flat bottom areas are to remain nonvegetated. Reasonable area for maintenance of retention areas and canals and ditches shall be provided based on the design and ownership. (Code 1998, § 110-233; Code 2008, § 110-233; Ord. No. 281-C, § 1(ch. 5, § 9(G)(2)), 11-8-1994) Sec. 119-285. Bridges and culverts. Bridges, box culverts or other vehicular cross- ings of major waterways or drainage facilities shall be designed based on the standards adopted by the state department of transportation and installed in accordance with the plans and specifications approved by the city engineer. (Code 1998, § 110-234; Code 2008, § 110-234; Ord. No. 281-C, § 1(ch. 5, § 9(G)(3)), 11-8-1994) Sec. 119-286. Lot grading. (a) A lot grading plan shall be completed for all single-family, duplex and other subdivision sites that do not require additional development plan review prior to building construction. (b) The lot grading plan shall show the estimated floor elevations of structures, flow patterns for lot drainage, and swales or structures necessary to drain all lots to the public drainage system. (c) All structures, and any ditches or swales necessary to drain more than the immediately adjacent properties, shall be shown for construc- tion as part of the initial subdivision improve- ments. (d) Individual lot grading and minor swales draining only adjacent lots shall be shown for construction with the attendant structures as part of the building permit site improvements. (Code 1998, § 110-235; Code 2008, § 110-235; Ord. No. 281-C, § 1(ch. 5, § 9(G)(4)), 11-8-1994) Secs. 119-287-119-305. Reserved. ARTICLE V. REQUIRED IMPROVEMENTS Sec. 119-306. Submission and approval of plans and specifications. Approval of a plat under this chapter shall be subject to the subdivider having submitted to the city plans and specifications for all improve- ments required by the city, these plans and specifications being approved by the city engineer prior to commencement of construction, and receipt of an acceptable payment and performance bond. A state -registered professional engineer shall be employed to design the required improve- ments. After required improvements have been constructed under the engineer's supervision, such engineer shall submit certification to the city that required improvements have been constructed according to the approved plans and specifications. (Code 1998, § 110-261; Code 2008, § 110-261; Ord. No. 281-C, § 1(ch. 5, § 10), 11-8-1994) Sec. 119-307. Inspection of construction. The city engineer shall inspect all construc- tion subject to this chapter. The city engineer shall be authorized to call to the attention of the contractor any failure of work or materials to conform with the plans and specifications, and, thus failing to secure appropriate results, such work or materials shall be called to the attention of the developer and the project engineer. The city engineer shall have the authority to reject materials or suspend the work when not in conformity with approved plans and specifica- tions. The city engineer shall require laboratory tests and field measurements for: (1) Subgrade and shoulders: Width, depth, density and limerock bearing ratio (LBR). CD119:17 § 119-307 CLERMONT CODE (2) Base: Width, depth, density and crown (LBR). (3) Surface: Design mix, width, depth, density, extraction and stability. (4) Concrete: Design mix and compressive strength. Such tests shall be made by a duly licensed testing laboratory at the developer's expense. (Code 1998, § 110-262; Code 2008, § 110-262; Ord. No. 281-C, § 1(ch. 5, § 10), 11-8-1994) Sec. 119.308. Field monumentation. The developer shall cause a state registered surveyor to install monuments based on the requirements of F.S. ch. 177, and provide other locations and information as follows: (1) Permanent reference monuments shall be set at each block corner before the recording of the plat. All lot corners shall be staked with concrete markers or metal rods unless a more permanent marker is required. Property markers shall be set at all points of curvature change. Mark- ers shall be set prior to plat recording on all lands dedicated for public use, and prior to deeding or building construction on all other properties. (2) Permanent control points shall be set prior to the recording of the plat, or expiration of the bond guaranteeing improvements. (3) The surveyor shall establish the eleva- tion in feet above National Geodetic Verti- cal Datum for at least two permanent benchmarks in the subdivision and transmit the data to the city engineer. (Code 1998, § 110-263; Code 2008, § 110-263; Ord. No. 281-C, § 1(ch. 5, § 10(A)), 11-8-1994; Ord. No. 2016-26, § 2, 6-28-2016) Sec. 119-309. Signs and markers. The developer shall furnish and install street signs and traffic control markings and devices as specified by the city. Signs shall be based on the requirements of the Federal Highway Administra- tion Manual of Uniform Traffic Control Devices, and standard city specifications. (Code 1998, § 110-264; Code 2008, § 110-264; Ord. No. 281-C, § 1(ch. 5, § 10(B)), 11-8-1994) Sec. 119-310. Sidewalks. (a) Each sidewalk shall be located within, and in parallel alignment with, the street right-of- way, except in such instances where it is deemed advisable by the subdivision advisory committee that the sidewalk be relocated or realigned due to unusual circumstances existing on the site or in an effort to save trees from impacts of develop- ment. Sidewalks shall be constructed five feet wide and four inches thick, except through driveways, where six inches of material is required. Standard construction shall provide a one -quarter inch rise per one -foot run from the front of the sidewalk to the rear of the sidewalk. (b) Sidewalks, including attendant driveways, shall be constructed prior to issuance of a certificate of occupancy on family dwellings or other structural improvements on the lot. (Code 1998, § 110-265; Code 2008, § 110-265; Ord. No. 281-C, § 1(ch. 5, § 10(C)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 119-311. Electric power lines and streetlights. (a) The developer shall be responsible for the installation of electric power lines, with all lines to be constructed underground unless otherwise permitted in conformance with this land develop- ment code. (b) Streetlights shall be in accordance with city specifications and standards. The developer shall forward approved development plans to the utility provider for streetlight design, which shall customarily conform to the following: (1) Streetlights shall be generally provided at all intersections, and at intervals along each street at a distance between 300 and 400 feet. (2) The developer shall pay the city a sum equal to three years' annual charge for streetlights required to serve the subdivi- • is • CD119:18 • SUBDIVISIONS § 119-314 sion. The charge shall be based upon a within the street right-of-way, in per -fixture rate utilizing best available accordance with city and state standards. current economic data, and payment shall (Code 1998, § 110-268; Code 2008, § 110-268; be made prior to acceptance of the final Ord. No. 281-C, § 1(ch. 5, § 10(F)), 11-8-1994) plat. (3) The developer shall contract directly with the appropriate electric provider for purchase and installation of streetlights. All cost associated with the purchase and installation of streetlights shall be borne by the developer. An executed contract with the utility provider and the annual chargers stated in subsection (b)(2) of this section shall be provided prior to acceptance of the subdivision improve- ments. (Code 1998, § 110-266; Code 2008, § 110-266; Ord. No. 281-C, § 1(ch. 5, § 10(D)), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001) Sec. 119-312. Street trees. Street trees shall be provided and planted in accordance with city specifications and standards and upon approval of the director of public services. (Code 1998, § 110-267; Code 2008, § 110-267; Ord. No. 281-C, § 1(ch. 5, § 10(E)), 11-8-1994) Sec. 119-313. Telephone service, television cable service and other utili- ties. The developer shall be responsible for the installation of telephone, television cable and any other utility lines, with all lines to be constructed underground, unless otherwise permitted upon review and approval of the subdivision advisory committee and city engineer. General criteria shall be as follows: (1) In residential subdivisions, utility service connections to individual properties for electricity, telephone, gas and television communication shall be placed underground. (2) In general, all utility lines, water lines and sanitary sewers shall be located Sec. 119-314. Storm drainage system. (a) An adequate storm drainage system, includ- ing storm sewers, drain inlets, manholes, culverts, retention areas, bridges and other appurtenances, shall be required in all subdivisions, and installed in accordance with plans and specifications approved by the city engineer. (b) All natural drainageways shall be preserved at their natural gradient and shall not be filled or interfered with in any way except as approved by the city engineer. (c) The comprehensive drainage system shall be designed using accepted engineering principles for rainstorms based on standards for the Central Florida area using U.S. Weather Bureau data; and criteria, consistent with appropriate direc- tives of the comprehensive plan, that address specific and unique physiological features contained within the city. The parameters for additional storm drainage retention consideration are as follows: (1) Ten-year, two-hour storm event, post - minus pre -development, treatment volume and 50-year, 24-hour storm event, post - minus pre -development, attenuation, while maintaining a maximum predevel- opment discharge. (2) The F.A.C. ch. 40C-42 shall apply for OFW waters, and F.A.C. chs. 40C-4 and 40C-40 shall apply for closed basins, where applicable as determined by the city engineer. (d) If the added runoff from the developed area will, in the judgment of the city engineer, overtax or overload existing facilities, then the developer shall include in the developer's plans sufficient work to enlarge the present facilities to care for the added drainage imposed on the system. Added runoff shall be stored in the subdivision area. CD119:19 § 119-314 CLERMONT CODE (e) Where land may be subject to periodic flooding by the overflow from lakes, canals or streams, a floodplain must be established and clearly designated on the plat. The floodplain area and elevations shall be established in accordance with the Federal Emergency Manage- ment Agency floodplain maps. No construction encroachment shall be permitted within the area of the floodplain except in accordance with direc- tives of the adopted comprehensive plan. (f) The following standards shall apply to all drainage projects: (1) The developer's engineer shall furnish a detailed drainage map to the city engineer showing the entire area to be developed and, if feasible, all the remaining area in the same watershed. Final disposal of stormwater shall be shown. (2) Where the following methods of drain- age, using pipe, are required, the follow- ing standards apply: a. Cross -drainpipe: 1. Reinforced concrete (under pavement). 2. Minimum size 18 inches or equal. 3. Cover one foot below base. 4. Headwall, inlet or manhole required at each end. b. Storm sewer: 1. Reinforced concrete (under pavement). 2. Reserved. 3. DOT approved HDPE. 4. Minimum size 18 inches or equal. 5. Inlet or manhole required at each change of alignment or grade. C. Side drainpipe: 1. Concrete (under pavement). 2. Plain corrugated metal. 3. Plain aluminum. 4. DOT approved HDPE. 5. Minimum size 15 inches or equal. (3) Steel and concrete will be the type materi- als permitted in the construction of bridges. The bridges must be designed to accommodate an H-20 loading and meet current state specifications. (4) Curb and gutter will be required and must be the standard type. (5) Headwalls shall be constructed of either gravity or cantilever concrete. (6) Inlets shall be precast reinforced concrete. (7) Manholes shall be precast reinforced concrete. (g) All necessary drainage easements shall be furnished at no expense to the city and meet the requirements of the city engineer. (h) Filters, screens and other environmental protection measures shall be provided as required by the city engineer. (Code 1998, § 110-269; Code 2008, § 110-269; Ord. No. 281-C, § 1(ch. 5, § 10(G)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 119-315. Sewer and water systems. (a) City water, sanitary sewers and storm sewers shall be provided. (b) Water and sewerage systems shall be designed and constructed in accordance with the standards and regulations of the city and state. Three copies of record drawings and one Mylar copy shall be prepared and furnished to the city upon completion of these systems. (c) A looped central water system of six-inch water mains or larger, connected to the city's system, shall be provided in all residential or commercial subdivisions unless approved otherwise by the city engineer. The system shall be designed and constructed to satisfy the domestic requirements established by the state depart- ment of environmental protection and the fire protection requirements established by the National Fire Protection Association. As a minimum standard, the distribution system shall be capable of delivering, in addition to domestic �J • �J CD119:20 SUBDIVISIONS § 119-318 0 • • requirements at peak demand, residual pres- sures of not less than 20 pounds per square inch, and fire flows as required in the Minimum Main Size, Flow Rate and Hydrant Spacing Table. Fire hydrants of a type approved by the city engineer in single-family residential subdivisions shall be, as measured along the street, spaced no greater than 500 feet from any part of a building, and shall be connected to mains. The location and installation of fire hydrants shall be determined by a city fire official. All water mains shall be of approved material. All service lines shall be single service and shall be a minimum of one inch, and all double service lines shall be a minimum of two inches. Each service shall include a wye to provide a future connection for an irrigation meter, except where a development is served with reclaimed water. All water service connection and irrigation service connections shall conform to standard city specifications. (d) A sanitary sewer system shall be provided in all subdivisions. The system shall have a minimum of eight -inch mains. All sanitary lift stations, sewer mains and force mains shall be of approved material and design. (e) A water reuse system shall be provided in all subdivisions and upon all properties being developed in conformance with directives of the adopted comprehensive plan. The system shall be installed during initial placement of other required infrastructure items and prior to issu- ance of a certificate of occupancy or use for the specific site or development. The system shall be designed and constructed in accordance with plans and specifications approved by the city engineer. All reuse water system piping, fittings, valves, valve boxes, service tubing, spray heads and related appurtenances shall be color coded purple from the manufacturer. (f) The cost of installing water, sanitary sewer and storm sewer facilities shall be borne by the developer. However, where the developer is required to install larger lines or facilities than necessary to serve the development in order to provide for future development, the difference in costs between installing facilities adequate for the subdivision and the oversize lines shall be negotiated by the city. (Code 1998, § 110-270; Code 2008, § 110-270; Ord. No. 281-C, § 1(ch. 5, § 10(H)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 119-316. Streets, curbs and gutters. (a) All streets and public rights -of -way shall be cleared and graded to their full width, includ- ing side slopes, to the specific grades. If required to prevent erosion or excessive washing of the shoulders, protective measures shall be taken by the developer as required by the city engineer. Excavations and depressions must be properly backfilled and compacted. (b) A properly prepared subbase having a minimum of 40 LBR and an approved road base of limerock and wearing surface shall be provided for all streets. Each street shall be paved to the minimum width established in this chapter per city design standards. (c) Concrete curbs and gutters shall be constructed on all streets and shall be installed according to the standards established by the city engineer. On recommendation of the city manager and approval by the city council, roadside swales may be constructed according to standards established by the city engineer and generally in conformance with adopted standard details. The city shall require investigation of topography, soil conditions and any deed restrictions in the consideration of this request. (Code 1998, § 110-271; Code 2008, § 110-271; Ord. No. 281-C, § 1(ch. 5, § 10(I)), 11-8-1994) Sec. 119-317. Authority of city engineer. The city engineer shall decide all questions, difficulties and disputes, of whatever nature, which may arise relative to the interpretation of the plans, construction, prosecution and fulfill- ment of the contract. (Code 1998, § 110-272; Code 2008, § 110-272; Ord. No. 281-C, § 1(ch. 5, § 10(J)), 11-8-1994) Sec. 119-318. Technical specifications and standards. The following technical specifications and standards are adopted for public information and guidance: any plans legally adopted by the city, a true copy of the comprehensive plan, a true copy of a master drainage plan, and any other appropriate appendix. However, such appendix shall be understood as not having been CD119:21 § 119-318 CLERMONT CODE adopted by this reference. Nothing in such appendix shall be considered to alter or modify anything stated in this chapter. (Code 1998, § 110-273; Code 2008, § 110-273; Ord. No. 281-C, § 1(ch. 5, § 12(E)), 11-8-1994) Sec. 119-319. Illustrations. The following illustrations depict certain construction details relevant to this chapter. • • • CD119:22 SUBDIVISIONS § 119-319 0 1/81. OPEN JOINTS PLACED AT EQUAL (20' MAX) INTERVALS FOR DRIVEWAYS OVER 20' WIDE. JOINTS IN CURB AND GUTTER TO MATCH JOINTS IN DRIVEWAY—� 1 /2" JOINT r Ga 4" CONCRETE 6" I CRI SIDEWALK WARP D IV WA 1 /2" JOINT I I 1 /8" OPEN JOINTS AT 10' CENTERS DUMMY JOINT 1/2" JOINT 4" CONCRETE SIDEWALK C • GREATER THAN 5' .• a. BEM'EENSTHAANSR ONS� CURB I- WIDTH VARIES--i CURB LNO'T LESS THAN 6- 1RANSRION TRANSITION BETWEEN CURB TRANSITIONS PLAN VIEW WHEN DISTANCE BETWEEN CURB AND SIDEWALK IS GREATER THAN 5 FEET SIDEWALK - 5' OR DRIVEWAY SHOWN ON PLANS (1/4' 02 Fi/TT MAX VARIES (GREATER THAN 5') CONCRETE 2500 * SLOPE VARIES ** PSI CLASS A OR 1/2 04 FT./FT. NORMAL 3.000 PSI FIBER 1 �4"3 02 FT./FT MIN. 1 /2' NFORCED CONCRETE 1 ') 08 FT / MAX - `JOINT SLOPE FROM GUTTER TO FRONT OF SIDEWALK 6` CONCREE SIDEWALK AND DRNEWAY - -Ih---DROP) W/ 6- x 6- x 10" WWM OR 3,000 PSI FIBER REINFORCED CONCRETE CURB SECTION A -A * SLOPES CAN BE ADJUSTED WITHIN THE RANGES SHOWN TO IMPROVE TIES TO ADJACENT PROPERTY AND ARE TO BE TRANSITIONED TO AVOID DISTORTION BE TRANSITIONED TO AVOID DISTORTION IN SIDEWALK CONTINUITY ** SPECIAL PERMISSION MAY BE OBTAINED TO INCREASE OR DECREASE SLOPE OF DRIVEWAY TO IMPROVE TIES TO SIDEWALL AND GUTTER GRADE NOTE: DRIVEWAYS AND SIDEWALKS THROUGH DRIVEWAYS SHALL REQUIRE 6 x 6" REINFORCEMENT WIRE OR 3,000 PSI FIBER REINFORCED CONCRETE. Figure 119-319A. Detail of Sidewalk and Paved Driveway Construction CD 119:23 § 119-319 CLERMONT CODE a o I � � P� N � <0 tm U 6 pPOv 6 Figure 119-319B. Typical Curb and Gutter and Road Cross Section Details 5 U • • �J J CD 119:24 • C'2 d ri co ND CA FLOWUNE ELEVATIONS TO BE SHOWN ON PLANS AT 50' INTERVALS S B-7 MAX SLOPE 1% (8-3) `ec�HIGHIWATER LINE B`l�oac�c oFcH� • NOTE SEE ATTACHMENT '8' FOR ADDITIONAL SPECIFICATIONS r • (8-10) 4' WIDE SHOULDER / I - - - - - - - - - - - LOWEST POINT HIGHS sUBGRADE SHALLL BEE HIGHER THAN THE HIGH WATER LINE IF SWALE IS TO BE USED AS —_-- AW.R& 9=sL---- HIGH WATER TABLE SOIL BORINGS SHALL BE MADE AT MAX 600' INTERVALS THERE SHALL BE AT LEAST ONE SO4L BORING ON EACH STREET (B-4) PERMEABIUTY MUST BE GREATER THAN 6 3 INCHES PER HOUR (8-2) IT1C CON�ETI LIME ROCK suBCRADE 6' X_12' CONCRETE RIBBON CURB CROSS SECTIONS: (8-8) 1. CROSS SECTIONS SHALL BE SUBMITTED AT NO MORE THAN 200' INTERVALS 2 CROSS SECTIONS SHALL EXTEND FROM REAR LOT LINE TO REAR LOT UNE. 3 AT LEAST ONE CROSS SECTION SHALL BE PREPARED FOR EACH STREET. 4 IN CASES OF EXTREME TOPOGRAPHY, CROSS SECTIONS MAY BE REOUIRED AT CLOSER INTERVALS 5 BOTH EXLSTWG AND FINISHED GRADES WILL BE REWIRED ON ALL CROSS -SECTIONS. 1993 § 119-319 Requirements for Swale Roadways CLERMONT CODE B-1. Lowest portion of swale must be more than 12 inches above the seasonal high-water table. B-2. Soil must have a permeability greater than 6.3 inches per hour. B-3. Slope of swale flow line shall not exceed a one percent gradient. B-4. Soil borings shall be made at 600-foot intervals to a depth of two feet below the design swale flow line. There shall be at least one soil boring on each street swale. B-5. When the Swale is to be used as part of a water retention system, the high-water line shall be below the lowest point of the pavement sub- base. B-6. Driveway culverts are prohibited. B-7. A complete subdivision grading plan shall be submitted. The grading plan shall show design Swale flow line elevations at 50-foot intervals to facilitate setting driveway elevations. B-8. Cross sections at 200-foot intervals along each street shall be submitted. Cross sections shall extend from rear lot line to rear lot line. At least one cross section shall be prepared for each street. In cases of extreme topography, cross sections may be required at closer intervals. Cross sections shall show existing and finished grades. B-9. Swales and driveways shall be designed to allow for passage of vehicles without striking the underside. B-10. A four -foot -wide established grass shoulder shall be constructed between the edge of pave- ment and swale. (Code 1998, § 110-274; Code 2008, § 110-274; Ord. No. 281-C, § 1(figs. 5-1-5-3), 11-8-1994; Ord. No. 2015-78, § 2, 12-8-2015) • CD 119:26 • • • Chapter 120 RESERVED CD120:1 • Chapter 121 UTILITIES Sec. 121-1. Purpose and intent of chapter. Sec. 121-2. Connection to central utility systems. Sec. 121-3. Conformance with adopted standard construction details. Sec. 121-4. Water service. Sec. 121-5. Sanitary sewer service. Sec. 121-6. Reclaimed water service. Sec. 121-7. City cost participation in infrastructure improvements. Sec. 121-8. Solid waste collection service. Sec. 121-9. Electrical, telephone and television cable service. CD121:1 UTILITIES § 121-4 Sec. 121-1. Purpose and intent of chapter. in subsection (e) of this section. Water The requirements and regulations in this service taps shall be installed for eachlot, chapter are intended to provide water, sanitary with a minimum one -inch tap for single residential and a minimum two - sewer, reclaimed water and solid waste facilities inch tap for double residential service. necessary to: All services shall have a wye to accom- (1) Meet the level of service requirements of modate irrigation meter connections, the comprehensive plan. except where a development is served (2) Provide adequate service capacities for with reclaimed water. Commercial individual projects. services shall be sized based on the anticipated highest water demand of (3) Meet the requirements of other related allowed land uses. codes and standards adopted by the city or required by regional, state and federal (2) Site development plans shall show construction of water mains extending to agencies. (Code 1998, § 114-1; Code 2008, § 114-1; Ord. No. the site and on the site, as necessary, to 281-C, § 1(ch. 14, § 1), 11-8-1994) provide adequate water service for domestic use and fire protection for the Sec. 121-2. Connection to central utility proposed buildings and uses. Minimum systems. water main size installed shall be per the table in subsection (e) of this section. Unless specifically allowed otherwise in this Water service taps shall be installed if chapter, all water, sanitary sewer and reclaimed not already available, based on the water improvements shall be designed to con- anticipated domestic water and fire nect to the city's central utility system. Connec- sprinkler flow demand of the proposed tion to one utility will require connection to all building and use. available city utilities. (Code 1998, § 114-2; Code 2008, § 114-2; Ord. No. (3) A pressure reducing valve shall be 281-C, § 1(ch. 14, § 2(A)), 11-8-1994; Ord. No. installed in all water mains serving 294-C, § 2, 9-28-1999) developments on the east side water system. Each individual service experienc- Sec. 121-3. Conformance with adopted ing water pressure greater than 80 psi standard construction details. (measured or calculated without consideration of the supply line pressure All underground utilities shall be installed by reducing valve) shall be equipped with an underground contractor licensed in the state. an individual pressure reducing valve. (Code 1998, § 114-3; Code 2008, § 114-3; Ord. No. The cost of pressure reducing valves 281-C, § 1(ch. 14, § 2(B)), 11-8-1994; Ord. No. shall be borne by the developer and the 294-C, § 2, 9-28-1999) homeowners. Sec. 121-4. Water service. (4) Plumbing service schematics shall be submitted for each individual residence (a) Minimum service requirements. All develop- or facility requiring a water service con- ment shall provide new facilities, or expand nection prior to issuance of a certificate existing facilities, to provide minimum service as of occupancy. follows: (5) Private wells shall be constructed to (1) Subdivisions shall construct water mains provide irrigation water for all uses within necessary to provide adequate water the city's utility service area except for service for domestic use and fire protec- individual single-family residential units. tion to each lot created. Minimum water Existing connections to the city's potable main size installed shall be per the table water system for irrigation to properties CD121:3 § 121-4 CLERMONT CODE other than individual single-family as far apart as possible and no closer residential units may be terminated at than 500 feet along the existing water the discretion of the city engineer. The line. property owners will be notified in writ- (5) Non -looped water mains. In recognition ing and will be required to provide that looped water mains may sometimes alternate sources of irrigation water become logistically impractical, the fol- within 30 days of receipt of written lowing applications may be permitted notification. upon formal review and approval of the (b) Water distribution system design. The layout site review committee: of water distribution systems shall comply with a. In a cul-de-sac, or in cases where a the following design criteria and the adopted fire hydrant is required on the standard utility details of the city: opposite side of a right-of-way from an existing water main, dead-end (1) Minimum size. When designing water water mains supplied by a looped mains to meet the criteria in subsection water main of equal or larger size (a) of this section, main size shall always may be extended up to 250 feet for be sized so that any new main is fed by required six-inch water mains and an existing main of equal or larger size. up to 500 feet for required eight - inch and larger water mains. (2) Extension of lines to project boundaries. Water mains shall be designed to stub b. Temporary dead-end lines may, in out to the project boundaries to serve certain instances, be permitted in adjacent unserved properties. This shall those areas where there is no abil- include mains in all rights -of --way across ity to loop lines within the criteria the entire project frontage on existing of this land development code until roads without existing mains, and to the adjoining properties are developed. property boundary via easement where Such dead-end lines shall only be there is insufficient access to provide a allowed when served by mains of looped system to adjacent unserved eight -inch diameter or greater and properties. where clearly designed to extend to adjoining properties in the future. (3) Valves. Valves shall be placed at a All such lines shall provide adequate maximum spacing of 500 feet along all blow -off points. water mains, and at all intersections of C. Dead-end mains exceeding the length water mains. The number of valves allowed in subsection (b)(5)a of this installed at an intersection shall be two section may, in certain instances, be at a three -leg intersection and three at a allowed where the main is increased four -leg intersection. in size by at least two inches in (4) Looping. Except as provided in subsec- diameter and design pressures can still meet the requirements of this tion (b)(5) of this section, all water mains land development code. shall be looped to provide for adequate pressures and system redundancy. Water (6) Pressure requirements. All system design mains shall be designed so that if the and fire flow calculations shall maintain water supply is interrupted on one end of a 20 pounds per square inch residual the loop, the flow of water to the loop pressure in the system during maximum shall not be entirely eliminated. In order domestic and fire demand on the system. to meet the requirement for such system Calculations shall be based on existing looping, the points of new connection to system flows and pressure at or near the the existing distribution system shall be proposed point of connection. • • CD121:4 UTILITIES § 121-4 (7) Restrained joints. Joint restraints shall Approved plans shall indicate hydrant be used per accepted industry standards. location, main size, and other pertinent Thrust blocks shall not be permitted. criteria required by the city. (8) Pressure pipe. All pressure pipe installed (2) Sprinkler or standpipe systems. Where a under pavement shall be ductile iron sprinkler or standpipe system is provided, pipe extending two feet beyond the curb. a fire hydrant shall be located at least 50 feet away from the structure but not (9) Ductile iron water mains. Water mains more than 100 feet away from the fire greater than 12 inches in diameter shall department's connection for the system. be ductile iron pipe. (3) On -site hydrants. When buildings, other than one- and two-family dwellings, are (10) Backflow preventors. Reduced pressure situated off of a road or other drive so as zone backflow preventers shall be required to cause hose lays from the nearest on commercial, industrial and multifam- hydrant in excess of the permitted ily projects and at the point of entry to distances listed in the table in subsection private water systems. Backflow preven- (e) of this section, a sufficient number of tern for dedicated fire lines, irrigation hydrants shall be provided on the site lines or facilities which use or store meeting all the requirements of this hazardous material on site, or, where chapter. determined by the utility director, shall conform to the cross connection control (4) Hose lay measurement. Hose lay measure - ordinance and the "Manual of Cross Con- ment shall be the distance from a hydrant, nection Control." Backflow preventers along a road, drive or other traveled way shall be certified annually by a city designed to accommodate fire equip - approved backflow tester. The city has ment, to the attack location approved by the authority to require retrofit of exist- the fire official. Hose lay is not allowed ing facilities to comply with the cross across any collector or arterial road to connection control ordinance. meet the minimum requirements of this section. (11) Freeze protection. Freeze protection for (5) Hydrant specifications and installation. indoor and outdoor water pipes and hose All fire hydrants shall be of the breakaway bibs shall not involve the use of water. design, meeting the specifications of the Other methods, such as insulation, shall standard construction details, and specifi- be used instead. cally approved by the fire and public (c) Fire hydrants. Fire hydrants shall not be utilities departments to ensure standardization. The standard hydrant installed on any water main of less than six approved for use in the city is the Muel- inches inside diameter. The last 20 feet of a pipe ler model A-423. Hydrants drants shall be lateral closest to and serving a single fire hydrant installed as depicted the standard may be reduced to six inches to enable the construction details, with the center of control valve to be sized to six inches. the lowest operating outlet no less than (1) Placement and spacing. Except as provided 18 inches above grade, and the top of the in this section, fire hydrants shall be operating nut no higher than 54 inches installed at all street intersections and above the surrounding grade. at intervals between street intersections (6) Access and visibility. Hydrants shall not not to exceed the distances listed in the be located closer than three feet to or table in subsection (e) of this section. Prior review and approval of plans by a more than 20 feet from the edge of a street, drive or other accessway. No fence, city fire official shall be required. tree, post, shrub or other object which CD121:5 § 121-4 CLERMONT CODE could block the hydrant from normal view or obstruct the hydrant's use shall be located within six feet of the hydrant. Unless otherwise requested by the fire official, the 41l2-inch large volume connec- tion shall face the nearest roadway, or if located within a complex or parking area, shall face the nearest traffic way. No hydrant shall be installed where pedestrian or vehicular traffic would interfere with the use of the hydrant. (7) Ownership and maintenance. All fire hydrants located on public rights -of -way or designed to serve multiple ownerships shall be conveyed by approved instru- ment to the city. Once the city has accepted ownership, the city shall be responsible for the maintenance of these hydrants. Water Main Fire Hydrant Minimum Maximum Size spacing Hose Lay Land Use (inches) GPM (feet) (feet) Group III. 8 1,200 500 or 600, 300 Multifamily if buildings, sprinkled three or more stories or over 12 units per building, and commercial buildings less than 10,000 square feet and three stories or less Group IV. 10 1,500 400 or 500, 300 Commercial if buildings over sprinkled 10,000 square feet and warehouse and industrial buildings Interior separations or firewalls shall not be used to reduce the minimum water supply require- ments of this section without the explicit written consent of the fire official. (8) Fire hydrants and mains. All fire hydrants and mains, including those privately Fire mains to be connected to an existing water owned, that are connected to the city's line smaller in diameter than that required potable water system shall conform to above may be reduced in size if the design city standards. Barrels of privately owned engineer can successfully demonstrate that the fire hydrants shall be OSHA red. required flows can be met with a smaller main. (d) Additional standards. If certain items are not directly addressed in this section, recom- mended standards for waterworks shall be used. (e) Minimum main size, flow rate and hydrant spacing. Minimum main size, flow rate and hydrant spacing by land use are as follows: Minimum Main Size, Flow Rate and Hydrant Spacing by Land Use Water Main Fire Hydrant Minimum Maximum Size Spacing Hose Lay Land Use (inches) GPM (feet) (feet) Group I. 6 500 600 300 Detached single-family and duplexes Group II. 8 1,000 500 or 600, 300 Townhouses, if multifamily sprinkled buildings less than three stories and no more than 12 units per building Note. This table is a guide for the development of new sites and subdivisions, and does not guarantee fire flow adequacy outside of one- and two-family dwelling subdivisions. In those portions of the city where existing water mains cannot meet the requirements in this table, other building - specific measures can be used to reduce fire flow. (Code 1998, § 114-4; Code 2008, § 114-4; Ord. No. 281-C, § 1(ch. 14, § 3, table 14-1), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 306-C, 3-27-2001; Ord. No. 310-C, § 2, 7-24-2001; Ord. No. 337-C, § 9, 4-13-2004) Sec. 121-5. Sanitary sewer service. (a) Minimum service requirements. All new development shall provide required facilities to provide minimum service as follows: (1) Subdivisions shall construct sanitary sewers necessary to provide adequate service to each lot created. The minimum diameter for sanitary sewer mains shall is • CD121:6 UTILITIES § 121-5 0 • • be eight inches inside diameter. Minimum sewer main slopes for both design and construction shall be as follows: a. Eight -inch pipe: 0.40 percent. b. Ten -inch pipe: 0.30 percent. C. 12-inch pipe: 0.22 percent. An individual four -inch minimum sewer service lateral shall be supplied for each single-family unit, duplex unit or townhouse unit (e.g., single-family, one lateral; duplex, two laterals; quad unit, four laterals). Services for commercial and industrial lots shall be sized based on the anticipated highest sewer demand of allowed land uses but shall in no case be less than six inches in diameter. All services shall be installed at an adequate depth so as to serve the entire buildable area of the subject lot, allowing for minimum slopes specified in the city standard construction details and this land development code. (2) Site development plans shall show construction of sanitary sewers extend- ing to the site and on the site, as neces- sary to provide adequate sewer service for the proposed buildings and uses. The minimum diameter for sanitary sewer mains shall be eight inches inside diameter. Minimum sewer main slopes shall be as follows: a. Eight -inch pipe: 0.40 percent. b. Ten -inch pipe: 0.30 percent. C. 12-inch pipe: 0.22 percent. An individual four -inch minimum sewer service lateral shall be supplied for each single-family unit, duplex unit or townhouse unit. Services for multifamily buildings shall be six-inch for up to eight units and eight -inch for nine or more units. Services for commercial and industrial buildings shall be sized based on the anticipated highest sewer demand of allowed land uses but shall in no case be less than six inches in diameter, and shall include grease traps or pretreat- ment systems as required by this land development code and the adopted city standard construction details. All services shall be installed at an adequate depth so as to serve the planned building sites, allowing for minimum slopes specified in the standard construction details and this land development code. (3) The use of on -site disposal systems (septic tanks) shall only be permitted for temporary (specified date certain), isolated use in areas with soils that are defined as suitable for septic tank use in accordance with F.A.C. ch. 64E-4, and where central sewer service is not avail- able for extension. (4) A minimum 750-gallon grease trap shall be required in sewer services for licensed food service, or as determined by the public services director. (b) Sewer collection system design. The layout of sewage collection systems shall comply with the following design criteria and the adopted standard utility details of the city: (1) Size and location of mains. Mains shall be sized based on the maximum upstream flow anticipated from the uses designated by the city's adopted future land use map, with a minimum size of eight inches. Minimum slope shall be as noted in subsection (a) of this section, and maximum slope shall be five percent. Every subdivided lot shall be served by a gravity sewer main located no further than 100 feet from the nearest property line. Mains shall be installed under paved areas, within public rights -of -way, mid - block and rear yard locations are prohibited. Mains constructed between lots shall be epoxy line ductile iron pipe, upsized by one standard pipe diameter. (2) Extension of mains to project boundaries. Mains shall be extended to project boundaries to serve adjoining unserved properties. Such extensions will gener- ally be within street stubs or along exist- ing street frontages but may be required in easements between lots or across open space areas. Where mains are installed CD121:7 § 121-5 CLERMONT CODE within 100 feet of an existing unserved building lot, a service shall be installed for that lot. (3) Manholes. Manholes shall be located at all changes in pipe slope and direction, at the end of all sewer main stubs with service laterals connected, and at intervals no greater than 400 feet. Manholes shall be located on street centerlines, where applicable. (4) Cleanouts. Cleanouts may be used only for special conditions and shall not be substituted for manholes or installed at the end of laterals greater than 150 feet in length. (5) Lift stations. All efforts should be made to serve projects from existing lift sta- tions. When a new lift station is neces- sary, it shall be located and designed so as to allow for the largest possible service area, generally at a project perimeter. Lift stations shall be located in a minimum 30-foot by 30-foot site dedicated to the city, and adjacent to a public right-of- way. The final location and configuration of all lift station sites shall be approved by the city, based on the requirements of this land development code and the city's comprehensive plan. (6) Force mains. All lift stations shall transport sewage to the treatment plant through force mains of a minimum diameter of four inches. Force mains shall discharge into manholes and not into gravity mains, except those intercep- tor mains specifically designed for that function. Force main sizing and routing shall be approved by the city, based on the requirements of this land develop- ment code and the sanitary sewer subele- ment of the city's comprehensive plan. All pressure pipe under pavement shall be constructed of epoxy lined ductile iron pipe, extending two feet beyond the curb. Joint restraints shall be used per accepted industry standards. Thrust blocks shall not be permitted. Force mains greater than 12 inches in diameter shall be epoxy lined ductile iron pipe. (c) Additional standards. If certain items are not directly addressed in this section, recom- mended standards for wastewater works shall be used. (Code 1998, § 114-5; Code 2008, § 114-5; Ord. No. 281-C, § 1(ch. 14, § 4), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 121-6. Reclaimed water service. (a) Minimum service requirements. All new developments located east of U.S. 27 shall provide reclaimed water service facilities as follows: (1) Subdivisions shall construct reclaimed water mains to provide irrigation and other nonpotable service to all lots based on the projected amount of property to be irrigated, as well as other potential non - potable uses. Reclaimed water service taps shall be installed for each lot, with a minimum service tap size of three - fourths inch in diameter. Actual service tap size and potential sharing of service lines shall be reviewed and approved by the city. (2) Site development plans shall show required irrigation systems connected to reclaimed water mains where available. Where such service is not currently avail- able, irrigation systems shall be configured for ultimate connection to reclaimed water mains by locating pumps or potable water system connections adjacent to the right- of-way or other planned reclaimed water main location. (3) All irrigation systems shall accept reclaimed water when available and as required by the city engineer. (b) System design. The layout of reclaimed water distribution systems shall comply with the following design criteria and the adopted standard utility details of the city: (1) General standards. Design and installa- tion practices, materials and methods shall conform with requirements for • �J CD121:8 UTILITIES § 121-7 potable water systems, except where (2) Line extensions to serve development. specifically modified by policies or details Based on the goals, objectives and poli- adopted for the reclaimed water system. cies of the adopted comprehensive plan, the city will not participate in the base (2) Main size. Mains shall be sized based on cost to install extensions to serve develop - the anticipated demand for reclaimed ment, except as outlined in subsection water use based on land use, soil (b)(1) of this section. characteristics and potential nonirriga- tion use. Minimum main size shall be six (3) Extension of lines to project boundaries. inches in diameter. The city will not participate in the required extension of lines to project (3) Extension of lines to project boundaries. boundaries, except in the case of additional Reclaimed water mains shall be designed pipe size as specified in this chapter and to stub out to the project boundaries to as outlined in subsection (b)(1) of this serve adjacent unserved properties. This section. shall include mains in all rights -of -way, across the entire project frontage on exist- (c) Sewage collection facilities. ing roads without existing mains, and to (1) Oversizing of mains. Where the city speci- the property boundary via easement when fies a sewer main to be sized over eight no other access is available to unserved inches in diameter, but the minimum properties. service levels required by this land (4) Color coding of reclaimed water development code can be satisfied for the appurtenances. All reclaimed water project using a sewer main of eight inches distribution materials shall be color coded in diameter, the city will participate in purple from the manufacturer. the amount of the difference of pipe costs (Code 1998, § 114-6; Code 2008, § 114-6; Ord. No. between an eight -inch diameter line and 281-C, § 1(ch. 14, § 5), 11-8-1994; Ord. No. the diameter specified by the city. 294-C, § 2, 9-28-1999; Ord. No. 310-C, § 2, (2) Additional lift station capacity. Where 7-24-2001) the city requires additional wet well diameter or mechanical pumping equip - Sec. 121-7. City cost participation in ment of greater capacity than that neces- infrastructure improvements. sary to serve the project, the city will participate in the difference between the (a) Generally. The city will reserve the option facilities necessary to provide service to to participate in the construction of certain the project and those specified to be upsized improvements designed to serve the installed by the city. larger needs of the city beyond the requirements for an individual development project. (3) Extension of lines to project boundaries. The city will not participate in the (b) Water mains. required extension of lines to project (1) Oversizing. Where the city specifies a boundaries, except in the case of additional water main to be sized over eight inches pipe size as specified in this chapter and in diameter, but the minimum service as outlined in subsection (c)(1) of this section. levels required by this land development code can be satisfied for the project using (4) Oversizing of force mains. Where the city a water main of eight inches in diameter specifies a sewer force main to be sized or less, the city will participate in the over six inches in diameter, but the amount of the difference of pipe costs between an eight -inch diameter line and minimum service levels required by this land development code can be satisfied the larger diameter specified by the city. for the project using a sewer force main CD 121:9 § 121-7 CLERMONT CODE of six inches in diameter, the city will participate in the amount of the differ- ence of pipe and fitting costs between a six-inch diameter line and the diameter specified by the city. (d) Drainage facilities. (1) The city will not participate in any drain- age facility required for the development of a specific project. This includes culverts and bridges for roads, driveways and sidewalks which cross existing or proposed swales, ditches or canals. The city will not participate in the construction of drainage facilities designed to accom- modate the normal existing or natural flows from off -site watersheds. (2) Where the city requires drainage facili- ties to be increased in capacity to allevi- ate existing development -related drainage problems and flows not normally anticipated under stormwater manage- ment requirements, the city may opt to participate in some costs of construction to accommodate the increase in capacity above the normally anticipated flows. (Code 1998, § 114-7; Code 2008, § 114-7; Ord. No. 281-C, § 1(ch. 14, § 6), 11-8-1994) Sec. 121-8. Solid waste collection service. (a) Minimum service requirements. All townhouse, multifamily, commercial and industrial development shall provide facilities for service as follows: (1) Townhouses and multifamily projects. Townhouse and multifamily projects shall provide a dumpster pad with an approved enclosure at a ratio of one dumpster for every 25 residential units or fraction thereof. Fee simple owned townhouses with direct road frontage (as opposed to parking lots or private drives) are exempt from dumpster service requirements. (2) Commercial developments. Commercial developments shall provide one dumpster pad with an approved enclosure for every 7,500 square feet of retail space and every 10,000 square feet of office space. (3) Industrial developments. Industrial developments shall provide one dumpster pad with an approved enclosure for every 10,000 square feet of office or manufactur- ing space, and one dumpster for every 30,000 square feet of warehouse space. (4) Institutional buildings. Institutional build- ings shall meet the requirements or combination of requirements that reflects the specific uses of the building. (5) Additional facilities or service. These requirements are minimums based on twice -a -week service. If the number of dumpsters does not meet the regular needs of the development, the city may require the construction of additional facilities or increased rates for more frequent service. (b) Facility design. The layout and design of dumpsters and other solid waste facilities (i.e., compactors) shall comply with the following criteria and the adopted standard paving and drainage details of the city: (1) Accessibility. Dumpster pad locations shall be designed to accommodate front -load- ing trucks. Multiple locations shall be oriented to allow the shortest route to service the group of dumpsters. Dumpster locations should generally be angled at 45 degrees or less from access drives except when located at intersections allow- ing 90-degree access. (2) Clearance. Fences, walls, landscaping and other improvements shall be located so as to provide acceptable vehicle operat- ing clearance, including vertical clear- ance from power lines, light standards and trees. (3) Enclosure. Each dumpster and compac- tor location shall be surrounded by a concrete masonry unit enclosure with wooden, architectural metal, or other material as approved by the city site review committee for gates as depicted in figure 121-8A. The material used shall provide an opaque screen so the dumpster will not be visible from the outside. Chain • CD121:10 UTILITIES 0 • link fence is not permitted. The enclosure shall exceed the vertical height of the dumpster by at least six inches, with a maximum height of nine feet. The required setback for enclosures shall be five feet adjacent to property that is either zoned or used as commercial and 25 feet adjacent to property that is either vaTICAL is Rowe 4' C -C Am Ar COMUS tr,.ia+) v[RrX'it IS Rtw Ar ua �. tTrr4r)� d ►u COMER CEUS -� Vw") start W.Wr Dun -- CATE AGES TO 9LOCX E 'TSAC1rtM on Wo § 121-8 zoned or used as residential. The enclosure shall be constructed using colors and architectural treatments consistent with the structure or facility it serves. Alterna- tive architectural treatment and colors may be approved in those situations where the enclosure is physically or visually separated from the primary structure. MOM/ (1) 1 �OM� �C0r,.7.W) X I{' mwcRETE KOCic at C a aaN 3ooe Psi SIZE ACG1CCAM WNL • X 4 - MIO X Mf0 war RATTAAt GROLOM COW400 TO tX) H ft w. +s prr+6mo SECTION VIEW -ENCLOS. DYMPSnR PAD •swrc'rA? re'a+w! is RCSAR t1rv�a) WOOD DOORS MRN SttR lRAKS Pt/W VIEW M" IN Ssw 1994 Figure 121-8. Dumpster Detail (Code 1998, § 114-8; Code 2008, § 114-8; Ord. No. 281-C, § 1(ch. 14, § 7, fig. 14-A), 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 339-C, § I, 4-27-2004) CD121:11 § 121-9 Sec. 121-9. Electrical, telephone and television cable service. CLERMONT CODE The following regulations shall apply to the installation, maintenance and replacement of all electric, telephone, television cable and similar utilities within the city. The general policy of the city is to require underground installation of such utilities to the greatest extent feasible, to ensure public safety, foster tree preservation and protect the general aesthetic character of the city. (1) Installation requirements. Except as provided in this section, all utility lines and services, with the exception of temporary construction lines, shall be installed underground at the owner's, developer's or builder's expense. This shall specifically apply to all cables, conduits or wires forming part of an electrical distribution system, including service lines to individual properties necessary to serve new development, or existing development where new or upgraded service is being installed. Underground installation shall not be required for: a. Electric transmission lines, those lines that transmit electricity between generating stations and substations. b. Electric feeder lines, those lines that transmit electricity between substa- tions and individual subdivisions and projects. The installation of new feeder lines will be coordinated between the city and utility company. C. Appurtenances such as transform- ers, pedestal -mounted terminal boxes and meter cabinets, where placed on a level concrete slab and located so as to minimize noise effects on surrounding properties. d. Replacement of existing overhead service lines, where no other site improvements are required due to expansion or change of use. e. Replacement of lines on existing poles. f. Service to individual residential lots in developed areas of the city pres- ently served by overhead utility lines (infill areas). The use of areas within the city rights -of -way shall conform to specifications of the city public works manual (2) Approval of overhead line and service routes. Waivers may be requested as part of the application for final subdivision or site plan approval, or the building permit. The following information shall be submit- ted as part of the application: a. A letter requesting the waiver, providing written justification for the granting of a waiver, including documentation from utility companies, contractors or engineers to verify cost estimates of service demands. b. A map or engineering drawing show- ing the route of the proposed lines, and existing or proposed easements covering the routes. C. A certified survey specifically show- ing trees that must be removed or substantially pruned to allow the proposed construction. d. Drawings showing the relationship of the proposed line to existing and proposed lots, buildings, landscap- ing, streets and other improve- ments. This may be reflected in typical details where appropriate. e. A drawing showing the construction detail of proposed lines and poles, including dimensions and materi- als. (Code 1998, § 114-9; Code 2008, § 114-9; Ord. No. 281-C, § 1(ch. 14, § 8), 11-8-1994) u • is CD121:12 • Chapter 122 RESERVED CD122:1 • • Chapter 123 VEGETATION Article I. In General Sec. 123-1. Definitions. Sec. 123-2. Purpose and intent of chapter. Sec. 123-3. Variances to zoning, subdivision or sign regulations for purpose of tree preservation. Sec. 123-4. Waivers and appeals. Sec. 123-5. Violations; penalty. Sec. 123-6. Additional rules and regulations. Sec. 123-7. Certificate of completion. Sec. 123-8. Fees. Sec. 123-9. Exemptions. Secs. 123-10-123-36. Reserved. Article H. Landscaping Sec. 123-37. Applicability of article. Sec. 123-38. Landscape plan. Sec. 123-39. Irrigation plan. Sec. 123-40. Installation of landscape material. Sec. 123-41. Maintenance and pruning. Sec. 123-42. Plant material. Sec. 123-43. Landscape buffers. Sec. 123-44. Vehicular use area interior landscaping. Sec. 123-45. Sight distance for landscaping adjacent to public rights -of -way and points of access. Sec. 123-46. Landscaping adjacent to fences, walls or dumpster enclosures. Sec. 123-47. Preferred tree list. Sec. 123-48. Preferred shrub list. Sec. 123-49. Nonpreferred trees. Sec. 123-50. Illustrations. Seca. 123-51-123-73. Reserved. Article III. Trees Division 1. Generally Sec. 123-74. Minimum tree requirements. Sec. 123-75. Tree protection during development and construction. Sec. 123-76. Voluntary planting. Sec. 123-77. Preparation of tree plan. Sec. 123-78. Interference with work on trees. Seca. 123-79-123-99. Reserved. Division 2. Tree Removal Permit Sec. 123-100. Required. Sec. 123-101. Application. Sec. 123-102. Issuance; criteria for tree removal; tree replacement standards. CD123:1 VEGETATION § 123-1 0 �J • ARTICLE I. IN GENERAL Sec. 123-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. In construing the provisions of this chapter, where the context will permit, the definitions provided in F.S. § 1.01 shall apply. Administrative official means the city manager or the established designee thereof. Berm means a mound of earth, contoured at a three -to -one ratio (horizontal to vertical) or less, so as to form a definitive amount of relief above the general elevation of the adjacent ground or surface. Buffer means a specified land area with a generally level planting surface together with the planting and landscaping required on the land used to visibly separate one use from another or to shield or block noise, lights or other potential nuisances. Caliper means a trunk caliper (trunk diameter) is measured six inches from the ground on trees up to and including four inches in caliper, and 12 inches above the ground for larger trees. Since trunks are seldom round, the average of the largest diameter and that perpendicular to it is referred to as caliper. A diameter tape shall be used to measure caliper. Clearing or removing a tree means the removal of a tree by digging, pushing, poisoning or cut- ting, or the effective removal through damage. Dripline means an imaginary line on the ground defined by vertical lines which extend from the outermost tips of the tree branches to the ground. Encroachment means any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area. Forest crops means any group of trees that are of proper species and sufficient density, size and number to make them marketable for sale as wood products (e.g., furniture, lumber, paper, chips, pallets, boxes and lighter wood). Hatracking means to flat -cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. In contemplation of means a tree is removed in contemplation of an improvement if the purpose of the removal is principally to facilitate any improvement of the class referenced in this land development code, regardless of when or by whom construction of the improvement is contemplated. Landscaping means and consists of any of the following or combinations thereof- (1) Materials, such as, but not limited to, grass, ground covers, shrubs, vines, hedges; and (2) Nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand walls or fences, but not including paving. Nonpreferred trees means all types of trees set forth in section 123-49. Park trees means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and in all areas owned by the city or to which the public has free access as a park. Preferred and replacement trees means all the species of trees set forth in section 123-47, preferred tree list. Plant materials used shall equal or exceed the standards for Florida No. 1 as established and revised by the state depart- ment of agriculture. Preferred shrub means all the species of shrubs set forth in section 123-48. Severely trimmed mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing CD 123:3 § 123-1 CLERMONT CODE symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Shrub means a low -growing woody perennial plant differing from a tree by its low stature and, generally, by its production of several basal stems instead of single bole. Site review committee means the members of the administrative staff of the city established for the purpose of providing professional and technical review of applications and related documentation for development which is proposed to occur within the city. Street trees means trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city. Topping means undesirable pruning practices resulting in internodal cutting back of branches with little regard to the natural shape of the tree. See the definition of the term "hatracking." Tree means any living, woody, self-supporting perennial plant which normally grows to a minimum height of 15 feet. As used in this land development code, the word "tree" refers to preferred trees unless an alternative usage is expressly defined and approved. Vehicular use areas means and includes any accessways, parking spaces or areas, paved outdoor sales areas not under a roof, and loading and unloading facility areas. Vine means a plant with a climbing or creep- ing stem which usually rests upon or is attached to a supporting structure, and which normally requires support to reach mature form. (Code 1998, § 118-2; Code 2008, § 118-2; Ord. No. 281-C, § 1(ch. 13, § 2), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 311-C, § 1, 11-13-2001) Sec. 123-2. Purpose and intent of chapter. (a) This chapter specifies landscaping criteria required for all development as stated in this chapter. The overall intent is to provide for required landscaping, buffers and tree protec- tion in certain developments, redevelopments and areas to be developed within the city. The general purpose is to enhance aesthetic appear- ance and preserve the environmental and ecologi- cal benefits of trees and other endemic, native vegetation. Landscaping provides both visual and climatic relief from buildings, structures and broad expanses of impervious surface while enhancing urbanizing development by blending the natural and manmade environments. (b) Landscape buffers mitigate conflict between potentially incompatible land uses, strategically separate vehicular and nonvehicular use areas, define vehicular accessways and access points, and screen vehicular movement, noise and glare from public view. (c) This chapter contains standards for all required landscaping, to include buffers between adjacent uses, off-street parking areas, and general maintenance requirements that apply to all landscaped areas. (d) Landscaping, landscaped areas, buffers and tree protection shall be provided and accomplished for all real properties in the manner set forth in this chapter. The minimum provi- sions required may be exceeded. Unless otherwise prescribed, the most stringent provision of this land development code shall prevail. (e) Prior to the issuance of any permit for development or redevelopment which is included under the provisions of this chapter, a site plan shall be submitted to and approved by the city. No permit shall be issued for such development or redevelopment unless such site plan complies with the provisions of this chapter, and no certificate of occupancy shall be issued until the landscaping is complete. It shall be unlawful to occupy the premises unless the landscaping is installed in accordance with the approved site plans and the requirements of this chapter. (f) If a water shortage has been declared pursuant to chapter 18, article VII, city staff shall have the discretion to delay the installation of landscaping related to the construction of a commercial project or a subdivision. This section shall not include individual residential lots. Staff shall determine which portion of the landscape • • • CD 123:4 VEGETATION § 123-5 0 • • plantings may be postponed and establish a date by which the landscaping shall be installed. The developer shall deposit in an escrow account an amount equal to 120 percent of a certified estimate prepared by a registered landscape architect and approved by the city, for the cost of the landscape materials and installation of the same. Upon installation of the landscaping in accordance with the approved site plans, said escrow monies shall be released to the developer. (Code 1998, § 118-1; Code 2008, § 118-1; Ord. No. 281-C, § 1(ch. 13, § 1), 11-8-1994; Ord. No. 309-C, § II, 6-26-2001) Sec. 123-3. Variances to zoning, subdivi- sion or sign regulations for purpose of tree preservation. The preservation of any preferred tree over 24 inches in diameter measured at 4112 feet above the existing grade may be considered as the basis for the granting of a variance from the literal application of the provisions of the city's zoning, subdivision or sign regulations. If, in the determination of the city manager, the sole basis for the request for a variance is to preserve such tree, which would otherwise have to be removed, the city manager may direct the required vari- ance fee to be waived. (Code 1998, § 118-3; Code 2008, § 118-3; Ord. No. 281-C, § 1(ch. 13, § 13(A)), 11-8-1994; Ord. No. 311-C, § 1, 11-13-2001) Sec. 123-4. Waivers and appeals. (a) Criteria. The administrative official may waive up to one -quarter of any commercial or up to one-third of any residential landscape require- ments of this chapter, other than those specifi- cally designated by conditional use permits, based on the following criteria: (1) The site cannot accommodate the required landscaping; (2) Existing vegetation is of sufficient size and maturity that additional planning is unnecessary; (3) Topography and grade changes, not caused by the applicant, limit the planting area; (4) Required landscaping would cause greater impacts on adjacent lands. (b) Authorized. Any person adversely affected by the decision of the city in the enforcement or interpretation of this chapter may appeal such decision to the city council within 30 days, and all procedures specified in this section shall be used for such appeal. (c) Procedure. The city council, upon receipt of an application for adjustment of the landscaping requirements provided in this chapter, which is filed on forms prescribed by the city and executed and sworn to by the owner or tenant of the property concerned or by authorized agents as evidenced by written power of attorney and accompanied by a fee, shall have the authority and duty to consider and act upon such applica- tion. The applicant shall, in the application, clearly and in detail, state what adjustments of requirements are being requested and the reasons such adjustments are warranted. The petitioner shall accompany the application with supplementary data, such as sketches, surveyor's information and statistical information, as is deemed necessary to substantiate the adjust- ment. The council shall approve or modify only if it determines that approval of any adjustments would not be contrary to the public interest and would be in keeping with and preserve the intent of this land development code and resolves that literal enforcement of the standards of this chapter would be impracticable and would result in unreasonable and unnecessary hardship to the petitioner. (Code 1998, § 118-4; Code 2008, § 118-4; Ord. No. 281-C, § 1(ch. 13, § 13(B)), 11-8-1994; Ord. No. 2013-11, § 2, 7-23-2013) Sec. 123-5. Violations; penalty. (a) Where violations of this chapter have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the city. The restoration plan shall require tree replacement at a four -to -one ratio of comparable size and type of tree and may require mitigation of any other damage to the property as well as tree replacement. CD123:5 § 123-5 CLERMONT CODE (b) No certificate of occupancy shall be issued for any development until all applicable permit or restoration plan conditions have been accomplished. (c) Each tree destroyed or receiving major damage during construction must be replaced pursuant to requirements of section 123-102(d)(2). (d) The property owner shall guarantee the survival of the trees required to be planted. (e) Failure to comply with the required remedial action shall be referred to the code enforcement board. (f) Any person violating any of the provisions of this land development code and failing to comply with any of the provisions of this chapter or failing to do anything required by this chapter shall, upon conviction, be fined an amount not to exceed $500.00 or imprisoned for a period not to exceed 60 days, and each day's violation shall be a separate offense. The city shall also have the right to injunction or other process as provided by law for the enforcement. (Code 1998, § 118-5; Code 2008, § 118-5; Ord. No. 281-C, § 1(ch. 13, § MCA 11-8-1994; Ord. No. 306-C, § 2, 3-27-2001) Sec. 123-6. Additional rules and regula- tions. (a) The city council is hereby authorized to adopt by resolution such rules and regulations as are necessary or proper to implement this chapter. (b) The provisions of this chapter shall be subject to other applicable regulations where such regulations are more restrictive and are not otherwise inconsistent with the provisions of this chapter. (Code 1998, § 118-6; Code 2008, § 118-6; Ord. No. 281-C, § 1(ch. 13, § 13(D)), 11-8-1994) Sec. 123-7. Certificate of completion. The administrative official shall have the authority to issue a certificate of completion to the owner or to the contractor or subcontractor which shall indicate the portions of the construc- tion and development which have been completed according to approved site plan and Florida Building Code requirements. A certificate of completion shall not authorize occupancy or partial occupancy of the building or premises. (Code 1998, § 118-7; Code 2008, § 118-7; Ord. No. 281-C, § 1(ch. 13, § 13(D)), 11-8-1994) Sec. 123-8. Fees. Appropriate fees relative to this chapter shall be established by the city council and placed on file in the city clerk's office and shall be amended by resolution as necessary. (Code 1998, § 118-8; Code 2008, § 118-8; Ord. No. 281-C, § 1(ch. 13, § 13(E)), 11-8-1994) Sec. 123-9. Exemptions. The requirements of this chapter shall not apply to removal of the following trees: (1) Trees located within public road or drain- age rights -of -way, utility rights -of -way, or permanent utility and drainage ease- ments when no alternative routes or methods exist, or such alternative routes would constitute undue hardship. (2) Nonpreferred trees. (3) Trees less than six inches measured at 41/2 feet above the existing grade. (Code 1998, § 118-9; Code 2008, § 118-9; Ord. No. 281-C, § 1(ch. 13, § 14), 11-8-1994) Secs. 123-10-123-36. Reserved. ARTICLE II. LANDSCAPING Sec. 123-37. Applicability of article. The requirements for buffers of this article shall apply to all uses within the city, except for individual lots or parcels upon which one single- family residence or one two-family unit is to be constructed. Where a nonresidential use abuts another nonresidential use, only the required tree installation provisions of this chapter shall apply. This shall not be construed to exempt any residential developments that require approval of a development plan by the city. Subdivision • • CD 123:6 VEGETATION § 123-39 0 development shall comply with provisions which are specifically noted to apply to such develop- ment in this article. (Code 1998, § 118-31; Code 2008, § 118-31; Ord. No. 281-C, § 1(ch. 13, § 3(A)), 11-8-1994) Sec. 123-38. Landscape plan. A landscape plan showing proposed landscaped areas shall be submitted for review and approval by the city. All landscape plans submitted for approval shall be signed and sealed by a registered landscape architect, unless otherwise determined by the site review committee. Such plan shall be required for all new development, and, if required, with the application for a building permit for rehabilitation or renovation projects. Landscape plans shall include and indicate the following: (1) Dimensions and location of the property. (2) Location of all structures, freestanding signs, parking areas, drives, vehicular use areas and other improvements is proposed for the property. (3) Location of overhead power lines and adjacent streets or rights -of -way. (4) Location, type and size of all existing trees to be preserved, and those to be removed or replaced, and new trees to be planted. (5) Location, type, quantity and specifica- tions of all proposed landscape materi- als. (6) Location and type of existing vegetative communities to remain undisturbed. (7) General notes, including planting details, mulching requirements, installation instructions and other such information as needed. (8) Calculations that demonstrate compli- ance with provisions of this land develop- ment code. Calculations shall include landscaping required by code and landscaping provided per the site plan. This shall include required buffers, vehicular use landscaping and screening, supplemental landscaping and other information as necessary. (Code 1998, § 118-32; Code 2008, § 118-32; Ord. No. 281-C, § 1(ch. 13, § 3(B)), 11-8-1994; Ord. No. 311-C, § 1, 11-13-2001) Sec. 123-39. Irrigation plan. (a) Irrigation system required. All required landscaping, including the side slopes of water retention areas, shall be served with a low volume, permanent irrigation system. A water emitter shall be installed at the base of each required canopy tree. The water emitter shall be designed and dedicated solely for the irrigation of the required canopy tree. In order to establish a healthy and deep root system, the water emitter shall be capped off or removed after one year, unless otherwise directed by city staff. (b) Submission for review and approval. An irrigation plan shall be submitted for review and approval by the city in all instances where a separate landscape plan is required. Such plan shall indicate use of state -mandated backflow and rain sensor equipment and a low -volume irrigation system designed specifically for the proposed landscape installation, shall delineate irrigation zones if proposed, and shall clearly illustrate compliance with the required building plan and site approval process. (c) Maintenance. The property owner, tenant and any agent of an owner or tenant, shall be jointly and severally responsible for the proper maintenance of irrigation systems. Irrigation systems installed to meet the requirements of this Code shall be maintained in proper operat- ing condition at all times. (d) Inspection. Irrigation systems will be inspected by city staff after installation. It must be demonstrated that the system is functioning properly in order to obtain a certificate of occupancy. One year after the certificate of occupancy is issued, a second inspection will be made by city staff to verify that the system continues to function properly. (Code 1998, § 118-33; Code 2008, § 118-33; Ord. No. 281-C, § 1(ch. 13, § 3(C)), 11-8-1994; Ord. CD123:7 § 123-39 CLERMONT CODE No. 306-C, § 2, 3-27-2001; Ord. No. 310-C, § 2, 7-24-2001; Ord. No. 311-C, § 1, 11-13-2001; Ord. No. 338-C, § 1, 6-22-2004) Sec. 123-40. Installation of landscape material. (a) Installation of landscape material shall strictly be in accordance with the approved landscape plan. Any request for substitution or relocation of materials shall be submitted in writing, along with a revised plan, to the depart- ment of planning and development services for approval. All landscaping shall be installed in a sound workmanship -like manner and in accordance with recognized and accepted good planting procedures. Installation shall mean survival in perpetuity, and replacement, if neces- sary, of all materials. The administrative official or established designee shall inspect all landscap- ing, and no certificate of occupancy or similar authorization shall be issued unless the landscap- ing meets the requirements provided in this article. (b) One year after the certificate of occupancy is issued, a second inspection will be made by city staff to verify that all required landscaping is established, healthy and properly maintained. (c) Canopy and understory trees shall be properly staked to ensure healthy growth and increased survivability. Staking kits shall use guidelines that are adjustable and made of nylon or other material that will not harm the bark of the tree. Wire or cable guidelines with hose strapping are prohibited. Staking kits shall be removed one year after the certificate of occupancy is issued, unless otherwise directed by staff. (d) Verification of material grade and growing method. The tree supplier shall provide verifica- tion that all trees meet the standards for Florida No. 1 grade and are container grown in the proper size container. (Code 1998, § 118-34; Code 2008, § 118-34; Ord. No. 281-C, § 1(ch. 13, § 3(D)), 11-8-1994; Ord. No. 311-C, § 1, 11-13-2001; Ord. No. 338-C, § 1, 6-22-2004) Sec. 123-41. Maintenance and pruning. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All required landscaping shall be maintained in perpetuity. For purposes of this section, the term "required landscaping" means that landscaping that is required by any provision of the land develop- ment code, any approved conditional use permit, development order or building permit or any approved landscaping plan. (1) Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this article if an approved plan is not on file with the city. The size of replacement trees shall be as specified in section 123-102(d)(2). (2) Pruning. Vegetation and trees required by this Code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300 of the National Arborist Association. Required trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. A trees natural growth habit shall be considered in advance of conflicts which might arise; such as view, signage, lighting and similar conflicts. Excessive pruning, hatracking, topping, etc., of required trees shall be considered tree abuse and a violation of this Code. (3) Violations. A person who violates any provision of this article, and fails to correct the violation as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate • • CD123:8 VEGETATION § 123-42 0 • offense for each tree damaged or destroyed contrary to the provisions of this article. (Code 1998, § 118-35; Code 2008, § 118-35; Ord. No. 311-C, § 1, 11-13-2001; Ord. No. 338-C, § 1, 6-22-2004; Ord. No. 2014-34, § 2, 12-9-2014) Sec. 123-42. Plant material. (a) Quality. Plant materials used in conformance with provisions of this article shall meet specifications of Florida Number 1 grade or better, according to the current edition of Grades and Standards for Nursery Plants of the state department of agriculture. (b) Trees. (1) Trees shall be species having an average mature spread of crown of greater than 15 feet and having trunks which can be maintained in clean condition over five feet of clear wood. Trees having an aver- age mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of 15 feet of crown spread. (2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the standards as specified in section 123-1. The location of trees of any species known to have a root system capable of causing damage to roadways or utilities shall require staff approval. (3) Upon planting, palm trees must have six feet clear trunk height as measured from the ground to the base of the heart leaf. (4) Understory tree species shall be a minimum of eight feet in overall height immediately after planting with a four - foot spread and shall meet the standards as specified in section 123-1. (5) Sixty percent of required canopy trees in parking lots shall be live oak trees. (6) Palms. Palm trees may be used in place of canopy trees or understory trees to meet the minimum tree requirements. In no case shall the total number of palms of all species combined account for more than 20 percent of the required canopy trees nor more than 20 percent of the required understory trees. The minimum size of palms is six feet of clear trunk for tree form palms. Two palm trees count as one canopy or understory tree unless it is a large specimen palm tree such as a Medjool or Date Palm which may be counted as one palm tree to one canopy or understory tree. Palm tree replace- ment species and locations must be approved by the city site review commit- tee. (c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center when measured immediately after planting. (d) Hedges. Hedges, where required, shall be planted and maintained so as to form a continu- ous, unbroken, solid visual screen within a maximum of two years from the time of planting. (e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical requirements as speci- fied. M Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appear- ance and provide reasonably complete coverage within 12 months after planting. (g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain instances where large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention areas and swales, and on areas where relief indicates the property may be subject to erosion. On lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered with an approved ground cover. Areas CD123:9 § 123-42 CLERMONT CODE proposed for hydroseeding shall be approved by the administrative official or the established designee thereof. (h) Water conservation. In an effort to foster water conservation, new commercial, multifam- ily, common green areas in subdivisions and retention ponds shall use Bahia grass or other approved drought tolerant ground cover. (Code 1998, § 118-36; Code 2008, § 118-36; Ord. No. 281-C, § 1(ch. 13, § 3(F)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 309-C, § II, 6-26-2001; Ord. No. 310-C, § 2, 7-24-2001; Ord. No. 311-C, § 1, 11-13-2001; Ord. No. 338-C, § 1, 6-22-2004; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2014-14, § 2, 6-10-2014) Sec. 123-43. Landscape buffers. (a) Generally. Landscape buffers shall be established and maintained in accordance with this section. (b) Applicability of requirements. One or more of the provisions of this section may be applicable to a specific use. In such case, the most stringent requirement shall apply. (c) Buffer yards between differing land uses. (1) Landscape buffer yards shall be developed between differing land uses based on this section. These requirements shall be deemed the minimum necessary to achieve compatibility between land uses. Buffer yards shall be developed by the more intense use based on existing contiguous land uses, zoning district designation or land use plan designation, whichever is more intense. (2) Whenever a commercial or industrial use is developed and abuts a residential use or zoning district, the commercial or industrial use shall provide the appropri- ate buffer between the two uses. (3) Whenever a multifamily use is developed and abuts a single-family or two-family use or zoning district, the multifamily use shall provide the appropriate buffer between the two uses. (4) Notwithstanding subsections (c)(2) and (3) of this section, if a single-family or two-family use is developed adjacent to an existing, vested nonresidential use or multifamily use, the provisions of this section shall not be considered applicable. (d) Perimeter landscape buffers between abut- ting properties. (1) Minimum width. A minimum ten -foot - wide landscape buffer shall be provided between abutting property boundaries. Said buffer shall be measured perpendicular to the abutting property boundary and shall consist of a maximum ten percent grade. (2) Length. The required landscape buffer shall extend along the entire length of the property boundary. (3) Plantings. The landscape buffer shall be planted with three trees per 100 linear feet or fractional part thereof; two of which shall be canopy trees. Shrubs shall form a continuous three -foot -high landscape screen adjoining driveways and parking areas. If industrial, commercial or multifamily is adjacent to a lesser zoning, the buffer shall be planted with shrubs, extending the entire length of the perimeter, in such a manner as to provide opaque screening and shall be properly maintained at a minimum height of six feet. The height of six feet shall normally be reached within two years from planting. Landscaped buffers within 15 feet of the curb or points of ingress or egress shall not exceed three feet in height. (e) Buffers adjacent to rights -of -way for nonresidential uses. (1) Minimum width. A minimum 20-foot- wide landscape buffer shall be required along arterial and collector roads, and a minimum 15-foot-wide buffer shall be required along local streets. Said landscape buffers shall consist of the following: a. A 20-foot-wide landscape buffer may consist of a maximum of ten feet Is • CD123:10 VEGETATION § 123-43 0 using a maximum ten percent grade on the high side, and the remaining ten feet may be sloped to a maximum 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and sloped portion shall be reviewed and approved for location by the site review committee. b. A 15-foot-wide landscape buffer may consist of a maximum of ten feet using a maximum ten percent grade on the high side, and the remaining five feet may be sloped to a maximum 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and sloped portion shall be reviewed and approved for location by the site review committee. C. A berm that maintains a height of at least two feet for at least 40 the external roadways to reduce noise generated by traffic and create a visual barrier. Plant and/or structural materials shall be properly installed and maintained in perpetuity. All such buffers shall be in a landscape tract that is maintained by a homeowner's association. Buf- fers shall conform to either one of the following specifications: (1) A buffer a minimum of 15 feet wide with a brick, stone or masonry block wall, trees and shrubs. The 15-foot-wide landscape buffer may consist of a maximum of ten feet using a maximum ten percent grade on the high side, and the remaining five feet may be sloped to a maximum 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and sloped portion shall be reviewed and approved for location by the site review committee. Wall height shall be as allowed in section 125-521(c)(1). One shrub shall percent of the overall length. Side be required for every five linear feet of slopes of the berm shall be no greater wall. Shrubs may be clustered in groups than 3:1. The requirement for a of no less than five each, with groups berm may be waived if it determined being spaced no further than 50 feet by the site review committee that apart. Two canopy trees shall be required the topography of the site is such for every 100 linear feet of wall, or that the provision of a berm would fractional part thereof. be ineffective. (2) A buffer a minimum of 25 feet in width, (2) Length. The required landscape buffer consisting of an earthen berm, trees and shall extend the entire length of the a continuous hedge. Earthen berms shall property frontage adjacent to the right- be a minimum of three feet in height of -way. unless otherwise determined by the site review committee. The combined height (3) Plantings. The required landscape buffer of the berm and shrubs shall be a shall be planted with three canopy trees minimum of six feet. The height of six and five understory trees per 100 linear feet shall normally be reached within one feet or fractional part thereof. Shrubs year from planting. Three canopy tree and groundcovers, excluding lawn grass, and five understory trees shall be planted shall comprise at least 50 percent of the for each 100 linear feet of frontage or required buffer area, and shall form a fractional part thereof. All plant materi- continuous three-foot high landscape als utilized shall conform to the plant screen adjoining driveways and parking material specifications of this chapter. areas. (f) Buffers along rights -of -way for residential (g) Miscellaneous provisions. subdivisions and multifamily developments. Within single-family and multifamily residential (1) All property other than the required landscaped buffer lying between the right - developments, a buffer shall be provided along of -way and the buffer shall be landscaped CD123:11 § 123-43 CLERMONT CODE with at least lawn grass, as described in section 123-42(g), or other ground cover pursuant to an approved site plan. (2) Commercial or industrial loading platforms and storage areas must also provide buffers to conceal the view of such structures from public streets or public view. Only the opaque shrubbery requirements specified in this subsection are applicable to such uses. (3) The provisions of this subsection may not be applicable in the following situations: a. When a property line abuts a dedicated alley, this subsection may not be applicable. b. Where a proposed buffer abuts an existing hedge, wall or other durable landscape barrier on an adjacent property, only the tree provision is required in the buffer area. (h) Alteration of landscape buffers. The required buffer may only be altered for the following purposes: (1) Construction of accessways as necessary and in compliance with an approved development plan. (2) Installation of stormwater, drainage or utility improvements as necessary and in compliance with an approved develop- ment plan. (3) Selective clearing for visibility of freestanding signs in compliance with an approved development plan. (4) The regular pruning of trees to provide clear trunk and visibility between three and 15 feet above grade. Such pruning shall only be permitted for trees with height and maturity necessary to reason- ably accommodate such activity. (i) Building facade landscaping. Landscape plantings shall be provided around the perimeter of buildings in order to break up the monotony of blank expanses of walls and to generally enhance the aesthetics of any building. Landscape areas shall be provided adjacent to or within 25 feet from the building walls visible to the public. The landscape areas shall extend along 60 percent of the total length of the wall, exclusive of those areas required for direct access to the building. The planting area shall be at least 36 inches in width. 0) Landscaping around backflow preventers. Landscape plantings shall be provided around the perimeter of backflow preventers. Shrubs shall be the height of the preventer they are screening and provide an opaque screen to buffer to the preventer. Shrubs and plantings shall remain 71/2 feet from any fire department hook up. (k) Landscape buffers under utility lines. Landscape buffers that are required under this article that are within 20 feet of existing electric power utility lines may substitute the required canopy trees with understory trees as listed in section 123-47. Substituted understory trees must use a variety of understory trees and shall not include any more than 50 percent of a single variety. Any substitutions must be approved by the site review committee with submittal of a landscape plan. All tree trimming and maintenance must be in accordance with section 123-41. (Code 1998, § 118-37; Code 2008, § 118-37; Ord. No. 281-C, § 1(ch. 13, § 4), 11-8-1994; Ord. No. 311-C, § 1, 11-13-2001; Ord. No. 338-C, § 1, 6-22-2004; Ord. No. 347-C, § I, 4-25-2006; Ord. No. 2013-04, § 2, 2-26-2013) Sec. 123-44. Vehicular use area interior landscaping. (5) The regular removal of dead materials (a) Applicability of requirements. The landscape and debris. materials required in this section are in addition to any landscape materials which may otherwise (6) Installation of additional landscape be required in this article, except as stated in materials in compliance with an approved this section. Parking lot landscaping may encroach development plan. into required buffers; however, landscaping CD123:12 • • • VEGETATION § 123-44 required by this section may not be substituted in lieu of any required buffer or other landscap- ing except as stated in this section. (b) General standards. (1) Landscaped green areas, not including buffers between abutting properties and buffers along rights -of -way, shall comprise an area equal to ten percent of the paved parking area within the project site includ- ing driveways and drive aisles. In areas zoned for industrial uses, this require- ment shall be reduced by 50 percent. Developers shall be required to provide a diagram indicating the base area, the internal landscaping, and the necessary calculations to verify that this require- ment has been satisfied. (2) Except as provided in the figures below, a maximum of ten continuous parking spaces are permitted without a landscape break. Each separate landscaped area shall contain a minimum of 300 square feet and shall include at least one canopy tree having a clear trunk of at least five feet with the remaining area landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three feet in height. The total number of trees shall not be less than one for each 200 square feet of required interior landscaped area or fraction thereof. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. (c) Design of landscaped areas. (1) Terminal islands. Each row of parking spaces shall be terminated by landscaped islands to separate parking from adjacent drive aisles. The landscaped islands shall measure not less than ten feet in width and not less than 20 feet in length with a total area of not less than 300 square feet. (2) Interior islands. Interior islands shall be provided to satisfy internal landscaping requirements. Interior islands shall be a minimum of ten feet in width and 20 feet in length, not including curb, with a total area of not less than 300 square feet. (3) Divider medians. Landscaped divider medians may be used to meet interior landscape requirements. A divider median is a continual landscaped island located between linear rows of parking which face head -to -head. The minimum width of a divider median shall be eight feet. One canopy tree shall be provided per 50 linear feet of median. (4) Islands at 'T" intersections. Landscaped interior islands shall be required at all "T" intersections which are considered major traffic points. Such islands shall be a minimum of 20 feet in width. (d) Protection of landscaped areas. (1) Curbing. Terminal islands, interior islands and other landscaped areas adjacent to driveways or susceptible to vehicular turn- ing movements shall be separated from vehicular use by non -mountable reinforced concrete curbing of a type approved by the city. Curbed landscaped areas shall be backfilled to a height of four inches below the back of the curb, except where such backfill would impact an existing tree. Unreinforced extruded curbing shall be prohibited. The width of the curbing shall be excluded from the calculation of the minimum dimensions of all required landscaped areas. (2) Wheel stops. All landscaped areas adjacent to off-street parking areas shall be protected from encroachment or intru- sion of vehicles through the use of wheel stops. Wheel stops shall have a maximum height of six inches and a minimum of three inches above finished grade of the parking area and the front side (wheel side) of the wheel stop is installed two feet from the front end of the parking space to prevent encroachment into required landscaped areas. Wheel stops shall be properly anchored and maintained in good condition. Exception: Wheel stops may be eliminated only along the CD123:13 § 123-44 CLERMONT CODE perimeter landscaped area of a site when the two -foot overhang can be accom- modated within the required perimeter landscaped buffer as shown below. (e) Pedestrian walkways. (1) (2) (3) (4) Pedestrian walkways shall be provided within all parking lots serving com- mercial, office and multifamily residential development, and be designed to provide direct connections between all building entrances, adjacent rights -of -way, transit stops, and outparcels. A minimum of one pedestrian walkway shall be provided for every five head -to - head parking rows, except where an alternative arrangement is approved as part of a planned unit development. At least one pedestrian walkway shall be designed to provide a direct connection from the main pedestrian entrance of any anchor tenant, principal building, or multifamily leasing office to the sidewalk along the perimeter of the development site. Pedestrian walkways shall have a minimum width of 14 feet, including a minimum of six feet in width for the sidewalk, and a minimum of eight feet in width for the central landscape strip. All unpaved areas within pedestrian walkways shall have 100 percent landscape coverage in accordance with this section and shall conform to the tree spacing requirements provided therein. Shade structures, including pergolas or gazebos, may be substituted for canopy trees. (5) Crosswalks connecting pedestrian walkways across parking lot drive aisles shall be designed and constructed to appear visually distinct from the adjacent driving surface through the use of colored or textured concrete. Alternative Interior Vehicular Use Area Landscaping Options FIS-U B Row Bid Undm" Am maeenaaam k" 5, I K e." a um '_.RarEltdt/haa - WmmdWe LWW1 8 Area m • • CD123:14 VEGETATION § 123-46 0 • L-10 D Central landsc to S* 12' 12 N" No MsArAum NurrW of PaftV Spaces W, Raw End LzWscW Area cerow Landscape S4 i_12'.. $'Pavod Pedes"n'Naway 17 W. No R and nxn Wn9w or Pwtr4 Spwn W. (b) Identification of triangular areas. The triangular areas referred to in subsection (a) of this section are as follows: (1) Accessways. The area of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line, with two sides of each triangle being ten feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides. (2) Intersections. The area of property located at a corner framed by the intersection of two or more public rights -of -way, with two sides of the triangular area being 30 feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. (Code 1998, § 118-39; Code 2008, § 118-39; Ord. No. 281-C, § 1(ch. 13, § 6), 11-8-1994) (Code 1998, § 118-38; Code 2008, § 118-38; Ord. No. 281-C, § 1(ch. 13, § 5), 11-8-1994; Ord. No. Sec. 123-46. Landscaping adjacent to 294-C, § 2, 9-28-1999; Ord. No. 311-C, § 1, fences, walls or dumpster 11-13-2001; Ord. No. 2012-02-C, § 2, 11-27-2012; enclosures. Ord. No. 2018-28, § 2, 8-28-2018) Any opaque fence, wall or dumpster enclosure shall be landscaped as follows: Sec. 123-45. Sight distance for landscap- ing adjacent to public rights - of -way and points of access. (a) Generally. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights -of -way, all landscaping within the triangular areas described in subsection (b) of this section shall provide unobstructed cross - visibility at a level between three feet and six feet. Trees or palms having limbs or foliage trimmed in such a manner shall provide that no limbs or foliage extend into the cross -visibility area and shall be located so as not to create a traffic hazard. Landscaping, except required lawn grass or ground cover, shall not be located closer than three feet from the edge of any accessway pavement. (1) One shrub shall be required for every five feet of wall or fence. Shrubs may be clustered in groups of no less than five each, with groups being spaced no further than 25 feet apart or from the end of any wall or fence. (2) One tree shall be required for every 50 linear feet of wall or fence abutting a street or right-of-way, and one tree shall be required for every 75 linear feet of wall or fence adjacent to a perimeter parcel line. (3) One shrub shall be required for every two linear feet of dumpster enclosure. (4) Landscape materials shall be installed on the public view side of the fence, wall or dumpster enclosure. CD123:15 § 123-46 CLERMONT CODE (5) Fractional distance dimensions shall require additional plantings pursuant to the criteria indicated in this section. (Code 1998, § 118-40; Code 2008, § 118-40; Ord. No. 281-C, § 1(ch. 13, § 7), 11-8-1994) Sec. 123-47. Preferred tree list. Preferred Canopy Tree List a b c X and American Elm Ulmus americans XX wd Bald Cypress Taxodium disti- chum In Basswood Tilia americana XX XX dm Live Oak Quercus virginiana XX and Pignut Hickory Carya glabra Ironwood Carpinus carolini- ana XX wm Pond Cypress Taxodium ascen- dens XX and Red Bay Persea borbonia XX wd Red Maple Acer rubrum XX d Sand Live Oak Quercus geminata XX d Scrub Hickory Carya floridana XX and Southern Magnolia Magnolia grandi- flora XX X m Sugarberry Celtis laevigata XX X mwd Sweet Gum Liquidambar styraciflua In Sycamore Platanus occidenta- lis m Tulip Tree Liriodendron tulipfera XX dm Turkey Oak Quercus myrtfolia XX XX mw Winged Elm, Cork Elm Ulmus alata XX and Shumard Oak Slash Pine Pinus elliottii Long Leaf Pine 1 Pious palustris Little Gem Magnolia I Magnolia grandi- flora 'Little Gem' Preferred Understory Tree List a b c XX dm American Holly Ilex cassine XX d Bluejack Oak Quercus incana X In Cherry Laurel Prunus caroliniana XX XX Chickasaw Plum Prunus angustifo- lia X XX dm East Palatka Holly XX and Flowering Dogwood Cornus florida and Fringe Tree Chionanthus virgi- nica XX XX d Myrtle Oak Quercus myrtifolia XX X and lRedbud Cercis canadensis XX XX dm Southern Red Cedar I Juniperus silicicola XX X Walter's Viburnum Viburnum obova- tum XX XX Wax Myrtle I Myrica cerifera a b c XX Wild Olive (Devil- wood) Osmanthus ameri- canus X XX and Crepe Myrtle Lagerstroemia indite X XX dw Yaupon Holly a = Unidentified drought tolerance scale used in our land development regs. b = Landscaping to promote water conservation using the principles of Xeriscape. This is a drought tolerance index provided by SJRWMD: X = Moderate drought tolerance XX = High drought tolerance c = Drought Tolerant Plant Guide for Lake County. Lake County Water Authority. d=dry m = moist w = wet (Code 1998, § 118-41; Code 2008, § 118-41; Ord. No. 281-C, § 1(table 13-1), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 317-C, 11-27- 2001; Ord. No. 338-C, § 1, 6-22-2004; Ord. No. 2014-14, § 2, 6-10-2014) Sec. 123-48. Preferred shrub list. Preferred shrubs are as follows: Preferred Shrub List Common Name Botanical Name (X) Arborvitae, Oriental (E) Platycladus orientalis Azalea (E) Rhododendron hybrids (X) Boxwood, Japanese (E) Buxus microphylla (X) Crepe Myrtle (D) Lagerstroemia indica (X) Cypress, Leylandii (E) Cypressocyparis leylandii (X) Feijoa (E) Feijoa sellowiana (X) Holly, Ambigua (D) Ilex ambigua (X) Holly, American (E) Ilex opaca (X) Holly, Burford (E) Ilex cornuta (XX) Holly, Yaupon (E) Ilex vomitoria (XX) Juniper (E) Juniperus spp. (XX) Palmetto, Saw Serenoa repens (XX) Palmetto, Scrub Sabal etonia (X) Photinia, Red -leaf (E) Photinia glabra (X) Photinia, Red -tip "Fraserii" Photinia fraserii (X) Pittosporum, Japanese (E) Pittosporum tobira (XX) Podocarpus, Yew (E) Podocarpus macrophyllus �J • • CD123:16 • • VEGETATION § 123-50 Common Name Botanical Name Privet, Chinese (E) Liguatrum ainense r Privet, Florida (D) Foreatiera aegregata Privet, Japanese (E) Ligustrum japonicum Sage,Texas(E) Leucophyllum frutescens Silverthorn (E) Elageagnus pungens Viburnum, Sandankwa (E) Viburnum suspensum (X) Viburnum, Sweet (E) Viburnum odoratissimum (XX) Wax Myrtle (E) Myrica cerifera Key: (X) Xeriscape—Moderate drought tolerance (XX) Xeriscape—High drought tolerance (D) Deciduous (E) Evergreen (Code 1998, § 118-42; Code 2008, § 118-42; Ord. No. 281-C, § 1(table 13-2), 11-8-1994) Sec. 123-49. Nonpreferred trees. Nonpreferred trees are as follows: Nonpreferred Trees Common Name Botanical Name Silk Oak Grevillea robusta Jacaranda Jacaranda acutifolia Australian Pine Casuarina species Eucalyptus Species Ear Tree Enterlobium cyclocarpum Paper Mulberry Broussonetia papyrifora Chinaberry Nebia azedarch Cajeput or Punk Tree Melaluca leucadendra Florida Holly or Brazilian Pepper Schinus terebinfolius Chinese Tallow Tree Sapium sebiferum Mimosa Albizzia julibrissin Black cherry Prunus Serotina (Code 1998, § 118-43; Code 2008, § 118-43; Ord. No. 281-C, § 1(table 13-3), 11-8-1994; Ord. No. 338-C, § 1, 6-22-2004) Sec. 123-50. Illustrations. The following illustrations depict certain plant- ing and design details relevant to this article: CD123:17 § 123-50 CLERMONT CODE 0 5 �4 ,1� 0 � a ti GRADE AT WHICH 2' DEEP SAUCER WITH SHRUB GREW PREVIOUSLY COMPOST MULCH III- _ � =1-1 !�-iI1=1I!" PLANTING MIXTURE TAMP TO PREVENT SETTLING 3- MIN. Figure 123-50A. Typical Shrub Planting Detail (Not to Scale) • CD123:18 VEGETATION § 123-50 0 • 0 , / I - //ro- W/M ARC SErWEEN PARKING AND DRNES ELIGIBLE AREAS FOR LANDSCAPING = INELIGIBLE AREAS FOR LANDSCAPING Figure 123-50B. Limits of Areas Available for Vehicle Use Area Landscaping (Not to Scale) MM CD123:19 § 123-50 CLERMONT CODE PROPERLY CONSTRUCTED BARRICADE PROTECTS THE TOTAL AREA WITHIN THE DRIP LINE OR A RADIUS OF 20'. WHICHEVER IS LESS Figure 123-50C. Barricade for Tree Protection During Construction (Not to Scale) • (Code 1998, § 118-44; Code 2008, § 118-44; Ord. No. 281-C, § 1(figs. 13-1-13-5, 11-8-1994; Ord. No. 338-C, § 1, 6-22-2004) 0 CD 123:20 VEGETATION § 123-75 0 • • Secs. 123-51-123-73. Reserved. ARTICLE III. TREES DIVISION 1. GENERALLY Sec. 123-74. Minimum tree requirements. (a) No certificate of occupancy shall be issued by the city on the following types of construction unless the underlying parcel has not less than the indicated minimum number of approved trees. All required landscaping is to be maintained in perpetuity. (b) General requirements for the number of trees on residential and nonresidential develop- ment shall be as follows: (1) Any new single-family or duplex dwell- ing unit on a single lot shall have at least the following minimum number of approved trees. Trees shall be from the preferred canopy and understory tree list. a. Lots with less than 2,500 square feet of landscape space: Two understory trees. b. Lots between 2,500 and 4,000 square feet of landscape space: One canopy tree required and either one understory tree or two palm trees. C. Lots with 4,000 square feet or more of landscape space: Two canopy trees required and either one understory tree or two palm trees. (2) No required canopy tree may be planted within six feet of the primary structure, driveway, sidewalk, street, or the property line on a single-family lot. (3) For existing properties that have three canopy trees but may qualify for a reduc- tion in the number of required trees, the criteria in subsection (1)a of this section will apply. A tree removal permit must be obtained prior to removal of any canopy trees. (4) For single-family and duplex lots, two palm trees may be substituted for one required understory tree. (5) Any new multifamily development shall have not less than one tree per unit. (6) Any single commercial, industrial or other structure requiring site plan approval under the zoning regulations, chapter 125, or the subdivision regulations, chapter 119, shall provide not less than four trees per acre, with a minimum of four trees. Trees required under article II of this chapter, other than buffer or perimeter trees, may be counted to meet this requirement. (Code 1998, § 118-71; Code 2008, § 118-71; Ord. No. 281-C, § 1(ch. 13, § 10), 11-8-1994; Ord. No. 2011-03-C, § 2, 7-12-2011; Ord. No. 2014-14, § 2, 6-10-2014) Sec. 123-75. Tree protection during development and construc- tion. (a) It shall be unlawful for any person, during the construction of any buildings, structures or other improvements, to place solvents, material, construction machinery or temporary soil deposits within the dripline of any tree. This provision includes soil that is placed in the dripline permanently for the purpose of grade change, unless the grade is changed according to the guidelines described in Tree Protection Manual for Builders and Developers, published by the state division of forestry, department of agriculture and consumer services, or other methods approved by the city engineer. (b) It shall be the responsibility of a developer or applicant to ensure that any tree shown on the tree inventory for which a tree removal permit has not been obtained is protected. The property owner shall guarantee survival of retained and replacement trees for a period of not less than two years. (c) Posts shall be used as protective barriers to the roots and trunk of every tree on the parcel being developed. The posts shall be placed at points not closer than the radius of the dripline of the protected tree, unless the structure has CD123:21 § 123-75 CLERMONT CODE been permitted to be erected within the dripline of a tree with a wide canopy. Each section of the barrier shall be clearly visible (flagged with brightly colored plastic tape or other markers). No attachment or wires other than those with protective mechanisms or of a nondamaging nature shall be attached to any tree. (d) The city may conduct periodic inspections of the site. It is the responsibility of the applicant to ensure that all provisions of this article are met. (Code 1998, § 118-72; Code 2008, § 118-72; Ord. No. 281-C, § 1(ch. 13, § 11), 11-8-1994) Sec. 123-76. Voluntary planting. This article and other provisions of the land development code shall not be interpreted to restrict, regulate or limit the voluntary planting of any tree in the city. The provisions of this article govern only the planting of trees which are required to be planted or retained under this land development code. (Code 1998, § 118-73; Code 2008, § 118-73; Ord. No. 281-C, § 1(ch. 13, § 12), 11-8-1994) Sec. 123-77. Preparation of tree plan. The city staff shall be responsible to study, investigate, counsel and develop or update annu- ally a plan for the care, preservation, pruning, planting, spacing, replanting, removal or disposi- tion of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the city council and, upon its acceptance and approval, shall constitute the official comprehensive tree plan for the city. (Code 1998, § 118-91; Code 2008, § 118-91; Ord. No. 281-C, § 1(ch. 13, § 15), 11-8-1994) Sec. 123-78. Interference with work on trees. It shall be unlawful for any person to prevent, delay or interfere with city employees, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street tree, park trees or trees on private grounds, as authorized by this article and other provisions of the land development code. (Code 1998, § 118-92; Code 2008, § 118-92; Ord. No. 281-C, § 1(ch. 13, § 15), 11-8-1994) Secs. 123-79-123-99. Reserved. DIVISION 2. TREE REMOVAL PERMIT Sec. 123-100. Required. It shall be unlawful and a violation of this division and the land development code to clear or remove a tree by any method without first securing a permit from the city unless removal of such tree is exempted by other provisions of this division or the land development code. For exemp- tions, see section 123-9. (Code 1998, § 118-111; Code 2008, § 118-111; Ord. No. 281-C, § 1(ch. 13, § 8), 11-8-1994) Sec. 123-101. Application. (a) An application for tree removal shall be filed on official forms provided by the city. Completed applications shall be returned to the city along with the following: (1) A tree inventory consisting of a scaled aerial photograph at a scale of one inch equals 100 feet or greater, or drawing at a scale of one inch equals 40 feet or greater, indicating: a. Property boundaries. b. Location of all individual trees of six inches and greater, including the circumference of the tree measured at 02 feet above the exist- ing grade and its common name. C. An indication of all trees proposed for removal, including replacement. (2) Reasons for removal of trees. (3) The appropriate permit fee as set by resolution of the city council and on file in the city clerk's office. is CD123:22 VEGETATION § 123-102 0 • (b) Application for a tree removal permit may be made at any time, except that in the following cases the application shall be required to be filed where indicated: (1) All new subdivisions shall be required to submit a tree inventory and proposed tree removal and replacement plan at the time of initial submittal of the subdivi- sion plan to the site review committee so that due consideration may be given to preservation and protection of trees during the subdivision design process. (2) Any commercial, industrial, residential or other use requiring site plan approval under the zoning regulations, chapter 125, or the subdivision regulations, chapter 119, shall be required to submit a tree inventory and proposed tree removal and replacement plan at the time of site plan submittal so that due consideration may be given for preservation and protec- tion of trees during the site plan design process. (3) All new single-family and duplex dwell- ing units other than new subdivisions shall be required to submit a tree inven- tory and proposed tree removal and replacement plan at the time of applica- tion for a zoning clearance so that due consideration may be given for preserva- tion and protection of trees during the site plan design process. The tree inven- tory may be shown on the zoning clear- ance plot plan. (c) Upon formal written request and approval of the site review committee, the city may permit an applicant to omit certain portions of the tree inventory where omitted portions are not found necessary for compliance with the requirements set forth in this division and are not needed to critically evaluate the application. (Code 1998, § 118-112; Code 2008, § 118-112; Ord. No. 281-C, § 1(ch. 13, § 8(A), (B)), 11-8- 1994; Ord. No. 2011-02-C, § 1, 4-26-2011) Sec. 123-102. Issuance; criteria for tree removal; tree replacement standards. (a) Intent. It is the intent of this section to minimize the removal of protected trees and that no authorization shall be granted to remove a tree if the developer has failed to take reason- able measures to design and locate the proposed improvements so that the number of protected trees to be removed is minimized. (b) General criteria for authorization of tree removal. No authorization for the removal of a protected tree shall be granted unless the applicant demonstrates one or more of the fol- lowing circumstances exist: (1) A permissible use of the site cannot reasonably be undertaken unless specific trees are removed or relocated. (2) The tree is located in such proximity to an existing or proposed structure that the safety, utility or structural integrity of the structure is materially impaired. (3) The tree materially interferes with the location, servicing or function of utility lines or services. (4) The tree creates a substantial hazard to motor, bicycle or pedestrian traffic by virtue of physical proximity to traffic or impairment of vision. (5) The tree is diseased or weakened by age, abuse, storm or fire and is likely to cause injury or damage to people, buildings or other improvements. (6) Established law or regulation requires the removal. (c) Specific criteria for authorization of tree removal. Pursuant to criteria established in subsection (b) of this section, a tree removal permit may be issued where one or more of the following circumstances exist if alternative design or other solutions do not afford indispensable relief for a proposed use: (1) Street opening. A permit may be issued if the location of a tree restricts the open- ing of a street or road right-of-way. (2) Utilities and drainage. A permit may be issued if the location of the tree restricts the function and service of utility lines or drainage facilities. CD123:23 § 123-102 CLERMONT CODE (3) Property access. A permit may be issued if the location of the tree restricts access to the property. (4) Property use. A permit may be issued if the location of the tree restricts use of the property consistent with all other city, county and state codes, statutes, ordinances and resolutions, and design modifications are not feasible or reason- able. (5) Hazards. A permit may be issued if the tree constitutes a hazard to life or property which cannot be mitigated without remov- ing the tree. inches in caliper shall, at a minimum, meet the requirements of section 123- 42(b)(2). (3) No replacement shall be required if the removal of the tree is necessary to construct a single-family residence, provided the parcel has the minimum number and size of preferred trees required by this Code. (4) (6) Poor tree health. A permit may be issued if the tree is dying or dead so that its restoration to sound condition is not (5) practical, or it has a disease which can be expected to be transmitted to other trees and to endanger their health. (7) Thinning of trees. In order to increase light and air circulation on heavily wooded parcels, the selective removal of up to 25 percent of existing trees may be permit- ted as long as the minimum tree require- ment for the particular land use is maintained. (d) Replacement requirements. Preferred trees which have been approved for removal shall be replaced in accordance with the following: (1) Trees removed pursuant to criteria speci- fied in section (c) of this section shall be replaced at the expense of the permittee. (2) For commercial, industrial, residential or other use requiring site plan approval under the zoning regulations, chapter 125, or the subdivision regulations, chapter 119, for each inch of tree measured at 4'/2 feet above the existing grade removed, an inch of tree at 4V2 above the existing grade shall be replaced. Replace- ment trees shall be at least six inches in caliper for any trees removed that are 18 inches in caliper or greater. Replacement trees for trees removed smaller than 18 For each tree removed from a single- family residential lot that is dead, diseased, dying or in such proximity to an existing structure that the safety, utility or structural integrity of the structure is materially impaired, a replacement tree shall be planted in conformance with section 123-42. A replacement tree may be moved from one location to another on the site or moved off the site pursuant to criteria specified in subsection (d)(6) of this sec- tion. (6) Replacement trees shall, if practicable, be planted on the development site. If not practicable, replacement trees may be donated, or a fee in lieu of replace- ment may be paid to the city for purposes of planting trees on public property. The fee in lieu of replacement shall be based on the average retail cost of purchasing the requisite size and number of replace- ment trees. (7) This section shall not pertain to permits for thinning of trees as specified in subsec- tion (c)(7) of this section. (Code 1998, § 118-113; Code 2008, § 118-113; Ord. No. 281-C, § 1(ch. 13, § 9), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 311-C, § 1, 11-13-2001) u • • CD123:24 • • • Chapter 124 RESERVED CD124:1 Chapter 125 ZONING Article I. In General Sec. 125-1. Property development terminology illustration. Secs. 125-2-125-20. Reserved. Article II. Administration Sec. 125-21. Zoning administrative officers. Sec. 125-22. Application for building permit. Sec. 125-23. Expiration of building permit. Sec. 125-24. Certificate of occupancy. Sec. 125-25. Penalty. Sec. 125-26. Additional remedies. Sec. 125-27. Exceptions and modifications. Secs. 125-28-125-57. Reserved. Article III. Districts Division 1. Generally Sec. 125-58. Established. Sec. 125-59. Official zoning map. Sec. 125-60. Districts designated. Sec. 125-61. Classification of annexed land. Sec. 125-62. Applicability of district regulations. Sec. 125-63. City -maintained or city -operated buildings and uses. Secs. 125-64-125-84. Reserved. Division 2. UT Urban Transition District Sec. 125-85. Intent. Sec. 125-86. Permitted uses. Sec. 125-87. Conditional uses. Sec. 125-88. Lot and height requirements. Sec. 125-89. Yards. Secs. 125-90-125-106. Reserved. Division 3. UE Urban Estate Low Density Residential District Sec. 125-107. Intent. Sec. 125-108. Permitted uses. Sec. 125-109. Conditional uses. Sec. 125-110. Lot and height requirements. Sec. 125-111. Yards. Secs. 125-112-125-135. Reserved. Division 4. R-1-A Single -Family Low Density Residential District Sec. 125-136. Intent. Sec. 125-137. Permitted uses. Sec. 125-138. Conditional uses. Sec. 125-139. Lot and height requirements. Sec. 125-140. Yards. Secs. 125-141-125-163. Reserved. CD125:1 CLERMONT CODE Division 5. R-1 Single -Family Medium Density Residential District Sec. 125-164. Intent. Sec. 125-165. Permitted uses. Sec. 125-166. Conditional uses. Sec. 125-167. Lot and height requirements. Sec. 125-168. Yards. Seca. 125-169-125-189. Reserved. Division 6. R-2 Medium Density Residential District Sec. 125-190. Intent. Sec. 125-191. Site plan review. Sec. 125-192. Permitted uses. Sec. 125-193. Conditional uses. Sec. 125-194. Lot and height requirements. Sec. 125-195. Yards. Secs. 125-196-125-213. Reserved. Division 7. R-3-A Residential/Professional District Sec. 125-214. Intent. Sec. 125-215. Site plan review. Sec. 125-216. Permitted uses. Sec. 125-217. Conditional uses. Sec. 125-218. Lot and height requirements. Sec. 125-219. Yards. Secs. 125-220-125-246. Reserved. Division 8. R-3 Residential/Professional District Sec. 125-247. Intent. Sec. 125-248. Site plan review. Sec. 125-249. Permitted uses. Sec. 125-250. Conditional uses. Sec. 125-251. Lot and height requirements. Sec. 125-252. Yards. Seca. 125-253-125-282. Reserved. Division 9. 0-1 Office District Sec. 125-283. Intent. Sec. 125-284. Site plan review. Sec. 125-285. Permitted uses. Sec. 125-286. Conditional uses. Sec. 125-287. Lot and height requirements. Sec. 125-288. Yards. Secs. 125-289-125-309. Reserved. Division 10. C-1 Light Commercial District Sec. 125-310. Intent. Sec. 125-311. Site plan review. Sec. 125-312. Permitted uses. Sec. 125-313. Conditional uses. Sec. 125-314. Lot and height requirements. Sec. 125-315. Yards. Secs. 125-316-125-333. Reserved. • • l� u CD125:2 ZONING 0 Division 11. C-2 General Commercial District Sec. 125-334. Intent. Sec. 125-335. Site plan review. Sec. 125-336. Permitted uses. Sec. 125-337. Conditional uses. Sec. 125-338. Lot and height requirements. Sec. 125-339. Yards. Secs. 125-340-125-366. Reserved. Division 12. CBD Central Business District Sec. 125-367. Intent. Sec. 125-368. Site plan review. Sec. 125-369. Permitted uses. Sec. 125-370. Conditional uses. Sec. 125-371. Lot and height requirements. Sec. 125-372. Yards. Sec. 125-373. Off-street parking. Sec. 125-374. Landscaping, buffers and tree protection. Sec. 125-375. Density. Secs. 125-376-125-393. Reserved. Division 13. M-1 Industrial District Sec. 125-394. Intent. Sec. 125-395. Site plan review. Sec. 125-396. Permitted uses. Sec. 125-397. Conditional uses. Sec. 125-398. Lot and height requirements. Sec. 125-399. Yards. Secs. 125-400-125-426. Reserved. Division 14. CD Commerce District Sec. 125-427. Intent. Sec. 125-428. Permitted uses. Sec. 125-429. Conditional uses. Sec. 125-430. Lot and height requirements. Sec. 125-431. Yards. Secs. 125-432-125-460. Reserved. Division 15. PR Parks and Recreation District Sec. 125-461. Intent. Sec. 125-462. Permitted uses. Sec. 125-463. Site improvement regulations. Sec. 125-464. Wellness Way Community Design Guidelines and Standards. Secs. 125-465-125-481. Reserved. Article IV. Planned Unit Developments Created through the Planned Unit Development Zoning Designation Sec. 125-482. Purpose and intent of article. Sec. 125-483. Definitions. Sec. 125-484. General requirements. Sec. 125-485. Location. Sec. 125-486. Review criteria. Sec. 125-487. Procedure for review and approval. Sec. 125-488. Amendments to development plan. CD125:3 CLERMONT CODE 0 Sec. 125-489. Conflicting provisions. Sec. 125-490. Application fees. Secs. 125-491-125-518. Reserved. Article V. Supplementary District Regulations Division 1. Generally Sec. 125-519. Accessory uses and structures. Sec. 125-520. Special setbacks. Sec. 125-521. Fences and walls. Sec. 125-522. General development conditions. Sec. 125-523. Mobile home parks. Sec. 125-524. Zero lot line development. Sec. 125-525. Bed and breakfast inns. Sec. 125-526. Sidewalk cafes. Sec. 125-527. Workforce housing density bonus. Sec. 125-528. Accessory dwelling units. Sec. 125-529. Open air sales. Sec. 125-530. Temporary structures. Sec. 125-531. Home occupations. Secs. 125-532-125-555. Reserved. Division 2. Model Homes and Model Home Sales Centers Sec. 125-556. Requirements of model homes and model home sales centers in residential districts or mixed use planned unit developments. Sec. 125-557. General requirements. Sec. 125-558. Issuance of building permits, number, certificates of occupancy and temporary use permits. Sec. 125-559. Parking. Sec. 125-560. Model home and model home center signage. Sec. 125-561. Bond required. Seca. 125-562-125-585. Reserved. Division 3. Short -Term Vacation Rental Properties Sec. 125-586. General provisions. Sec. 125-587. Vacation rental permit requirements. Sec. 125-588. Vacation rental representative duties. Sec. 125-589. Standards and requirements for vacation rentals. Sec. 125-590. Administration, penalties and enforcement. Secs. 125-591-125-613. Reserved. Article VI. Siting Regulations for Wireless Communication Facilities Sec. 125-614. Intent. Sec. 125-615. Definitions. Sec. 125-616. Antennas. Sec. 125-617. Antenna support structure. Sec. 125-618. Accessory equipment building. Sec. 125-619. Collocation. • CD 125:4 • ZONING § 125-1 ARTICLE I. IN GENERAL Sec. 125-1. Property development terminology illustration. The following illustration depicts the practical application of the terminology used in this chapter: r - a. YOUR STREET • CONCRM SIC7EWALK s CCINCAM 90tWALK _ RIGFR-OF-WAY FROM LOT UNE WCMi-O -WAY U N[ u++c F R O N T Y A R D BtALt?ING SMACKUNE . ......, : t ..... `SLOE` -SIDE Y A R 0 PRINCIPLE ACCCSSORV BUILDING BUILDING ....... Y A R 0 __2 .......... 'b O R E A R Y A R D �.. .�. REAR LOT LlW_ L 0 I W E 6 i a — __.. ..,._ ._ — _._. ...a. �..,. .. — r ... uTR.Irr EAS¢uENt LOT AREA - TOTAL HORIZONTAL AREA LOT COVERAGE a PERCENT OF LOT OCCUPIED BY BUILDING(S) 1993 Figure 125-1. Property Development Terminology (Not to Scale) (Code 1998, Isl 122-1; Code 2008, § 122-1; Ord. No. 281-C, § 1(fig. 16-1), 11-8-1994) CD125:5 § 125-2 Secs. 125-2-125-20. Reserved. ARTICLE IL ADMINISTRATION Sec. 125-21. Zoning administrative officers. CLERMONT CODE It shall be the duty of the city manager or designee to administer and enforce the provi- sions of this land development code, and they are hereby given the authority to do so. (Code 1998, § 122-31; Code 2008, § 122-31; Ord. No. 281-C, § 1(ch. 16, art. II, § l(A)), 11-8-1994) Sec. 125-22. Application for building permit. All applications for building permits for proper- ties that include areas of special flood hazard shall include a survey which indicates the established high-water mark and 100-year floodplain. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan. A survey which indicates encroachment into the 100-year floodplain, that is in accordance with the comprehensive plan, must also indicate the area within the 100-year floodplain that is proposed to be encroached upon and must show the percentage of the 100-year floodplain that will be affected, this shall include not only the building pad but also any area to be filled. (Code 1998, § 122-32; Code 2008, § 122-32, Ord. No. 281-C, § 1(ch. 16, art. II, § l(B)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Sec. 125-23. Expiration of building permit. If construction has not started and inspection been called for within six months of the date of the issuance of the building permit, the permit becomes invalid. (Code 1998, § 122-33; Code 2008, § 122-33; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(C)), 11-8-1994) Sec. 125-24. Certificate of occupancy. (a) A certificate of occupancy issued by the planning and development services department is required in advance of the use or occupancy of: (1) Any lot or a change in use thereof; (2) A building hereafter erected or a change in the use of an existing building. (b) No certificate of occupancy shall be issued unless the lot or building or structure complies with all the provisions of this land development code or exceptions granted by the board of zoning adjustment. (c) No certificate of occupancy shall be issued if any damage to structures or utilities on city street rights -of -way has occurred in direct con- nection with the construction, unless such damage has been satisfactorily repaired or payment for the damage has been made to the city. Also included in this requirement shall be the pay- ment of all fees due the city for reinspection, water and any other obligations. (d) A record of all certificates of occupancy shall be kept on file in the office of the building services department and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved. (Code 1998, § 122-34; Code 2008, § 122-34; Ord. No. 281-C, § 1(ch. 16, art. II, § 1(D)), 11-8-1994) Sec. 125-25. Penalty. Any person violating any provision of this land development code, upon conviction, shall be punished in accordance with section 1-7 and state law for each offense. Each day such viola- tion continues shall constitute a separate offense. (Code 1998, § 122-35; Code 2008, § 122-35; Ord. No. 281-C, § 1(ch. 16, art. II, § l(E)), 11-8-1994) Sec. 125-26. Additional 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 land development code, the planning and development services department or other appropriate authority, or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceed- ing to stop the violation in the case of such building, structure or land. (Code 1998, § 122-36; Code 2008, § 122-36; Ord. No. 281-C, § 1(ch. 16, art. II, § l(F)), 11-8-1994) �J • is CD 125:6 ZONING § 125-57 0 • Sec. 125-27. Exceptions and modifications. (a) Existing nonconforming 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 the ordinance from which this land development code is derived (lots of record as of September 10, 1968) did not have sufficient contiguous land to enable the owner to conform to the minimum lot size requirements of this land development code, such plot of land may nevertheless be used as a building site for a single-family residence, provided it meets with all yard requirements of the district in which it is located. (b) Adjustment to required front yard setback for dwellings. If 50 percent or more of the frontage on one side of the street between two intersecting streets is improved with buildings that observe a front yard setback forward of the required front yard setback established by this land development code, the minimum front yard setback on the lot shall be the average setback of all the buildings on that side of the block. (c) Continuance of nonconforming uses. The lawful use of land or buildings existing at the time of adoption of the ordinance from which this land development code is derived may continue although such use does not conform to the regulations set forth by this land development code for the district in which such land or building is located, subject to the requirements of chapter 101, and the following conditions and specifications: (1) A nonconforming use of land shall not be enlarged or increased to occupy a greater area of land than was occupied previous to the date of this land development code. No additional structures not conforming to the requirements of this land develop- ment code shall be erected in connection with such nonconforming use of land. (2) No nonconforming use of land or build- ings shall be changed to another nonconforming use. Any nonconforming use of land or buildings which has ceased by discontinuance or abandonment for a period of one year shall thereafter conform to the provisions of this land develop- ment code. (3) Any nonconforming building which has been destroyed or damaged by fire, explo- sion, act of God or in another manner to the extent of 50 percent or more of its current appraised value, as recorded in the tax assessor's office at the time of destruction, shall thereafter conform to the provisions of this land development code. Where more than 50 percent of the current appraised value of the building remains after such damage, such structure may be restored to the same nonconform- ing use as existed before such damage. (4) Nonconforming structures or buildings may not be enlarged or structurally altered in a way that increases the nonconformity, nor shall such structures be replaced, without a variance as defined in this land development code. (5) The provisions of subsections (c)(1) through (4) of this section shall also apply to nonconforming uses in districts hereafter changed by amendment to this land development code. (6) After consideration by the planning and zoning commission and approval by the city council, any use of a building or land which is classified nonconforming may be granted a conditional use permit for reconstruction, enlargement or expan- sion when it is determined that such reconstruction, enlargement or expan- sion is not obnoxious or detrimental to the district in which it is located, and when the denial of a conditional use permit would create an unnecessary hard- ship on the owner, as defined by state law. (Code 1998, § 122-37; Code 2008, § 122-37; Ord. No. 281-C, § 1(ch. 16, art. II, § 2), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999) Secs. 125-28-125-57. Reserved. CD125:7 § 125-58 ARTICLE III. DISTRICTS DIVISION 1. GENERALLY Sec. 125-58. Established. CLERMONT CODE The incorporated land area of the city is hereby divided into zones or districts as set forth in this article and as shown on the official zoning map of the city. (Code 1998, § 122-61; Code 2008, § 122-61; Ord. No. 281-C, § 1(ch. 7, § 1(A)), 11-8-1994) Sec. 125-59. Official zoning map. (a) Generally. The official zoning map of the city is hereby adopted and incorporated by refer- ence and declared to be a part of this chapter. The official zoning map shall bear the date of its adoption. The boundaries of each district shall be as shown on the official zoning map, and the district symbols as set out in this article shall be used to designate each district. (b) District boundary changes. After an amend- ment has been approved by the city council, changes in district boundaries shall be entered on the official zoning map. An entry shall be made promptly on the official zoning map stating the date and ordinance number of the change. (c) Authority as to current zoning status. The official zoning map shall be the final authority as to the current zoning status of land, buildings and other structures in the city, and shall supersede and replace any and all previously adopted zoning maps. (d) Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the follow- ing rules shall apply: (1) Boundaries indicated as approximately following the centerlines of public or private rights -of -way shall be construed to follow such centerlines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines as they exist at the time of the establish- ment of the district boundary. (3) Boundaries indicated as approximately following city limits shall be construed as following city limits as they existed at the time of the establishment of the district boundary. (4) Boundaries indicated as following a shoreline shall be construed to follow such shoreline, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. (5) Submerged lands, including waters over such submerged land, unless specifically zoned otherwise, are to be construed as being zoned the same as the abutting upland. (6) Boundaries indicated as parallel to or extensions of features indicated in subsec- tions (d)(1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. (7) Where the street or property layout exist- ing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by subsections (d)(1) through (6) of this section, the administrative official shall interpret the district boundaries. (Code 1998, § 122-62; Code 2008, § 122-62; Ord. No. 281-C, § 1(ch. 7, § l(B)), 11-8-1994) Sec. 125-60. Districts designated. For the purposes of this chapter, the city is divided into 14 districts, designated as follows: UT Urban Transition District UE Urban Estate Low Density Residential District R-1-A Single -Family Low Density Residential District R-1 Single -Family Medium Density Residential District R-2 Medium Density Residential District R-3-A Residential/Professional District R-3 Residential/Professional District 0-1 Office District C-1 Light Commercial District C-2 General Commercial District CBD Central Business District is �J �J CD125:8 ZONING § 125-86 0 • • M-1 Industrial District CD Commerce District PR Parks and Recreation District (Code 1998, § 122-63; Code 2008, § 122-63; Ord. No. 281-C, § 1(ch. 7, § 1(C)), 11-8-1994; Ord. No. 368-C, § 2, 9-22-2009; Ord. No. 373-C, § 2, 11-24-2009; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-61. Classification of annexed land. (a) All territory which may hereafter be annexed into the city (except for those properties in subsection (b) of this section shall be automati- cally classified as being within the urban estate residential district until such classification shall have been changed by an amendment as,provided by law. The city council may consider a petition for annexation and rezoning concurrently. (b) All territory which may hereafter be annexed into the city which is located between the following areas: south of and including Sec- tions 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28 and 33, Township 23 South, Range 26 East; Section 4, Township 24 South, Range 26 East; all said sections lying east of U.S. Highway 27, and west of the Lake County/Orange County line; shall be automatically classified as being within the UT Urban Transition District until such classification shall have been changed by an amendment as provided by law. The city council may consider a petition for annexation, and rezoning concurrently. (Code 1998, § 122-64; Code 2008, § 122-64; Ord. No. 281-C, § 1(ch. 7, § 1(D)), 11-8-1994; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-62. Applicability of district regulations. No land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations specified in this chapter for the district in which it is located. (Code 1998, § 122-65; Code 2008, § 122-65; Ord. No. 281-C, § 1(ch. 7, § 1(D)), 11-8-1994) Sec. 125-63. City -maintained or city -oper- ated buildings and uses. Future buildings, structures and uses to be maintained and operated by the city, indicated as permitted uses within each of the districts, may be allowed placement only after formally advertised public hearing. (Code 1998, § 122-66; Code 2008, § 122-66; Ord. No. 281-C, § 1(ch. 7, § 1(D)), 11-8-1994) Secs. 125-64-125-84. Reserved. DIVISION 2. UT URBAN TRANSITION DISTRICT Sec. 125-85. Intent. The UT district is intended as a transition district to allow for public and semipublic uses, primary, secondary and higher education uses, and urban transition uses including agriculture and single-family structures and uses consistent with the rural residential standards of the comprehensive plan. (Code 2008, § 122-71; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-86. Permitted uses. Permitted uses in the UT district are as follows: (1) Single-family dwelling units having a minimum living area of 1,500 square feet, exclusive of garages, carports and screened areas. (2) Buildings, structures or uses maintained or operated by the city. (3) A public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of govern- ment). Such uses may include city or county infrastructure and support systems or services including storage facilities, spray fields, rapid infiltrations basin systems (RIBS), and similar systems. (4) Primary or secondary public or private school. Organization formed and chartered for instructional purposes at a primary CD125:9 § 125-86 CLERMONT CODE or secondary level, approved under regula- tions of the state. Does not include child daycare businesses. (5) College or university. An institution of higher education offering undergraduate or graduate degrees including com- munity colleges. (6) Cultural institution. Public or private nonprofit facility providing cultural services to the public. Typical uses may include museums, libraries, and observatories. (7) Publicly owned recreational facilities that may include both active and passive facili- ties. (8) Home occupations as provided in article V of this chapter. (9) Field crops, orchards and other horticultural uses where no selling at retail is involved. (10) Accessory uses: customary accessory build- ings and structures, including private garages, noncommercial greenhouses and workshops. (11) Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten -foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regula- tions, as applicable. (Code 2008, § 122-72; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-87. Conditional uses. (a) Conditional uses in the UT district are as follows: (1) Churches provided adequate buffer strips between uses are furnished and maintained. (2) Utility facilities (i.e., electric transform- ers, gas regulator stations, etc.). (3) Planned unit developments per article IV of this chapter. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 2008, § 122-73; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-88. Lot and height requirements. Lot and height requirements for the UT district are as follows: (1) Lot size. A minimum usable land area of not less than five acres is required. (2) Lot width. Minimum lot width is 500 feet measured at the building setback line, and 250 feet measured along the property lines contiguous to any street or highway. (3) Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent. (4) Height. A maximum height of 35 feet shall be allowable for all designated habit- able, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. (Code 2008, § 122-74; Ord. No. 2010-09-C, § 2, 8-24-2010) u • CD125:10 • • ZONING § 125-108 Sec. 125-89. Yards. Minimum yard requirements for the UT district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, State Road 50 and U.S. Highway 27 shall maintain a 50-foot setback. On all other streets the setback shall be 35 feet. (2) Side yard. The minimum side yard setback on interior lots shall be 15 feet. On a corner lot the side yard setback shall be 50 feet on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and 35 feet on the side adjacent to any other street and nine feet on the interior side of the lot. (3) Rear yard. The minimum rear yard setback is 25 feet, except where a rear yard abuts Hartwood Marsh Road, State Road 50 or U.S. Highway 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (Code 2008, § 122-75; Ord. No. 2010-09-C, § 2, 8-24-2010) Secs. 125-90-125-106. deserved. DIVISION 3. UE URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT Sec. 125-107. Intent. The UE district is intended for single-family structures to be used in such a manner as to preserve and enhance low density estate neighbor- hood values and to be consistent with the rural residential standards of the comprehensive plan. (Code 1998, § 122-81; Code 2008, § 122-81; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-108. Permitted uses. Permitted uses in the UE district are as follows: (1) Single-family dwelling units having a minimum living area of 1,500 square feet, exclusive of garages, carports and screened areas. (2) Buildings, structures or uses maintained or operated by the city. (3) Home occupations as provided in article V of this chapter. (4) Field crops, orchards and other horticultural uses where no selling at retail is involved. (5) Accessory uses: customary accessory build- ings and structures, including private garages, noncommercial greenhouses and workshops. (6) Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten -foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regula- tions, as applicable. (Code 1998, § 122-82; Code 2008, § 122-82; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998) CD125:11 § 125-109 Sec. 125-109. Conditional uses. CLERMONT CODE (a) Conditional uses in the UE district are as follows: (1) Churches, provided adequate buffer strips between residential uses are furnished and maintained. (2) Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). (3) Utility facilities (i.e., electric transform- ers, gas regulator stations, etc.). (4) Planned unit developments per article IV of this chapter. (5) Cemeteries. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-83; Code 2008, § 122-83; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998) Sec. 125-110. Lot and height require- ments. Lot and height requirements for the UE district are as follows: (1) Lot size. A minimum usable land area of not less than one acre is required. (2) Lot width. Minimum lot width is 150 feet measured at the building setback line, and 75 feet measured along the property lines contiguous to any street or highway. (3) Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent. (4) Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-84; Code 2008, § 122-84; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-84, 10-23-2007) Sec. 125-111. Yards. Minimum yard requirements for the UE district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. On all other streets the setback shall be 35 feet. (2) Side yard. The minimum side yard setback on interior lots shall be 15 feet. On a corner lot the side yard setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 35 feet on the side adjacent to any other street and nine feet on the interior side of the lot. (3) Rear yard. The minimum rear yard setback is 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. s�J 1� u CD125:12 ZONING § 125-138 0 • (4) Buffer strip. When a conditional use abuts (5) Accessory uses: customary accessory build - a residential use, the conditional use ings and structures, including private shall provide a buffer strip along the garages, noncommercial greenhouses and abutting property line. workshops. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (Code 1998, § 122-85; Code 2008, § 122-85; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000) Secs. 125-112-125-135. Reserved. DIVISION 4. R-1-A SINGLE-FAMILY LOW DENSITY RESIDENTIAL DISTRICT Sec. 125-136. Intent. The R-1-A district is intended for single- family structures to be used in such a manner as to preserve and enhance low density residential neighborhood values. (Code 1998, § 122-101; Code 2008, § 122-101; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-137. Permitted uses. Permitted uses in the R-1-A district are as follows: (1) Single-family dwelling units having a minimum living area of 1,500 square feet, exclusive of garages, carports and screened areas. (2) Buildings, structures or uses maintained or operated by the city. (3) Home occupations as provided in article V of this chapter. (4) Field crops, orchards and other horticultural uses where no selling at retail is involved. (6) Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten -foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regula- tions, as applicable. (Code 1998, § 122-102; Code 2008, § 122-102; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998) Sec. 125-138. Conditional uses. (a) Conditional uses in the R-1-A district are as follows: (1) Churches, provided adequate buffer strips between residential uses are provided. (2) Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). (3) Utility facilities (i.e., electric transform- ers, gas regulator stations, etc.). (4) Planned unit developments per article IV of this chapter. (5) Cemeteries. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council, are not more obnoxious to the district than uses provided CD125:13 § 125-138 CLERMONT CODE in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-103; Code 2008, § 122-103; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998) Sec. 125-139. Lot and height require- ments. Lot and height requirements for the R-1-A district are as follows: (1) Lot size. A minimum usable land area of not less than 13,000 square feet is required. Subdivisions platted prior to the adoption of this amendment (September 26, 2000) or subdivisions with improvement plans being reviewed by the site review committee as of the effec- tive date hereof, and finally approved and recorded within 12 months of the effective date of the ordinance from which this section is derived, shall have a minimum lot size of 10,000 square feet. may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-104; Code 2008, § 122-104; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 301-C, § 2, 9-26-2000; Ord. No. 355-C, § 122-104, 10-23-2007) Sec. 125-140. Yards. Minimum yard requirements for the R-1-A district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 35 feet. (2) (2) Lot width. Minimum lot width is 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or (3) highway. (3) Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent. (4) Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and Side yard. The minimum side yard setback shall be nine feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 35 feet on any side adjacent to any other street and nine feet on the interior side yard. Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high- water mark. No construction encroach- ment may occur in any designated 100- 0 �J CD125:14 ZONING § 125-167 0 • • year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (Code 1998, § 122-105; Code 2008, § 122-105; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000) Secs. 125-141-125-163. Reserved. DIVISION 5. R-1 SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 125-164. Intent. The R-1 district is intended for single-family structures to be used so as to provide for a medium density single-family residential usage. (Code 1998, § 122-121; Code 2008, § 122-121; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-165. Permitted uses. Permitted uses in the R-1 district are as follows: (1) Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, carports and screened areas. (2) Buildings, structures or uses maintained or operated by the city. (3) Home occupations as provided in article V of this chapter. (4) Field crops, orchards and other horticultural uses where no selling at retail is involved. (5) Accessory uses: customary accessory build- ings and structures, including private garages, noncommercial greenhouses and workshops. (6) Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten -foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regula- tions, as applicable. (Code 1998, § 122-122; Code 2008, § 122-122; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998) Sec. 125-166. Conditional uses. (a) Conditional uses in the R-1 district are as follows: (1) Churches, provided adequate buffer strips between residential uses are provided. (2) Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). (3) Utility facilities (i.e., electric transform- ers, gas regulator stations, etc.). (4) Planned unit developments per article IV of this chapter. (5) Cemeteries. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-123; Code 2008, § 122-123; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998) Sec. 125-167. Lot and height require- ments. Lot and height requirements for the R-1 district are as follows: (1) Lot size. A minimum usable land area of not less than 10,000 square feet is required. Subdivisions platted prior to the adoption of this amendment (September 26, 2000) or subdivisions with improvement plans being reviewed by the site review committee as of the effec- tive date of the ordinance from which this section is derived, and finally approved and recorded within 12 months of the effective date of the ordinance CD125:15 § 125-167 CLERMONT CODE 0 from which this section is derived, shall 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, have a minimum lot size of 7,500 square 6-27-2000; Ord. No. 301-C, § 2, 9-26-2000; Ord. feet. No. 355-C, § 122-124, 10-23-2007) (2) Lot width. Minimum lot width is 85 feet measured at the building setback line, Sec. 125-168. Yards. and 50 feet measured along the property lines contiguous to any street, road or Minimum yard requirements for the R-1 district highway. Subdivisions platted prior to are as follows: the adoption of this amendment (September 26, 2000) or subdivisions with (1) Front yard. Property adjacent to Hart - improvement plans being reviewed by wood Marsh Road, SR 50 and U.S. the site review committee as of the effec- tive date of the ordinance from which setback. The setback on all other streets this section is derived, and finally shall be 25 feet. approved and recorded within 12 months (2) Side yard. The minimum side yard setback of the effective date of the ordinance from which this section is derived, shall shall be 7.5 feet. On corner lots the have a minimum lot width of 75 feet setback shall be 50 feet on Hartwood measured at the building setback line, Marsh Road, SR 50 and U.S. Highway 27 and 50 feet measured along the property and 25 feet on any side adjacent to any lines contiguous to any street, road or other street and 7.5 feet on the interior highway. side yard. (3) Impervious surface coverage. For all (3) Rear yard. The minimum rear yard setback shall be 25 feet except where a residential development, the maximum impervious surface coverage shall be 55 rear yard abuts Hartwood Marsh Road, percent, with the principal building, SR 50 or U.S. Highway 27, a setback of driveway and walkways limited to 45 50 feet shall be maintained. The rear percent. building line on lakefront property shall be measured from the established high- (4) Height. Maximum height of 35 feet shall water mark. No construction encroach - be allowable for all designated habitable, ment may occur in any designated 100- occupancy use areas of a building or year floodplain except in accordance with structure, and a maximum height of 45 policies of the adopted comprehensive feet shall be allowable for the finished plan and after formal approval of a site height of all buildings or structures. For development plan by the administrative the purposes of this section and code, official. habitable, occupancy use area shall mean that portion of a building or structure (4) Buffer strip. When a conditional use abuts included between the upper surface of a a residential use, the conditional use floor and the ceiling above, intended for shall provide a buffer strip along the human occupancy. The height limita- abutting property line. tions of this chapter shall also apply to church spires, belfries, cupolas and domes (5) Other setbacks. All yard setbacks for not intended for human occupancy and principal buildings shall be a minimum may be a maximum of 55 feet in height. of 25 feet from the established high - Facilities owned by the city are exempt water mark. No construction encroach - (Code from the height regulations. 1998, § 122-124; Code 2008, § 122-124; ment may occur in any designated 100- year floodplain except in accordance with Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. policies of the adopted comprehensive CD 125:16 ZONING 0 plan and after formal approval of a site development plan by the administrative official. (Code 1998, § 122-125; Code 2008, § 122-125; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000) Secs. 125-169-125-189. Reserved. DIVISION 6. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 125-190. Intent. The R-2 district is intended for medium density single-family and two-family residential use. (Code 1998, § 122-141; Code 2008, § 122-141; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) § 125-193 directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regula- tions, as applicable. (6) Field crops, orchards and other horticultural uses where no selling at retail is involved. (7) Accessory uses: customary accessory build- ings and structures, including private garages, noncommercial greenhouses and workshops. (Code 1998, § 122-143; Code 2008, § 122-143; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998) Sec. 125-193. Conditional uses. Sec. 125-191. Site plan review. (a) Conditional uses in the R-2 district are as follows: A site plan review is required for two-family residential uses in the R-2 district where relief (1) Townhouses and multifamily develop - on the site is seven percent or greater, and for all ment having a minimum floor area of 600 multifamily uses. square feet per unit, exclusive of garages, (Code 1998, § 122-142; Code 2008, § 122-142; carports and screened areas. Ord. No. 281-C, § 1(ch. 7), 11-8-1994) (2) Churches, provided adequate buffer strips Sec. 125-192. Permitted uses. between residential uses are provided. Permitted uses in the R-2 district are as (3) Public or semipublic facilities or structures follows: not maintained by the city (i.e., operated (1) Single-family dwelling units having a by another unit of government). minimum living area of 1,000 square (4) Utility facilities (i.e., electric transform - feet, exclusive of garages, carports and ers, gas regulator stations, etc.). screened areas. (2) Two-family dwelling units having a (5) Planned unit developments per article IV minimum of 700 square feet per dwelling of this chapter. unit, exclusive of garages, carports and (6) Cemeteries. s screened areas. (3) Buildings, structures or uses maintained (b) In case of uncertainty of the classification or operated by the city. of any use, uses may be permitted which, after (4) Home occupations as provided in article consideration by the planning and zoning com- V of this chapter. mission and approval by the city council, are not more obnoxious to the district than uses provided (5) Private docks and boathouses, provided in this section. All conditional uses must be that such structures maintain a 25-foot provided per chapter 101, article III, division 3. side yard setback. A ten -foot side yard setback may be allowed upon receipt of (Code 1998, § 122-144; Code 2008, § 122-144; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. properly authorized documentation from 290-C, § III, 10-27-1998) CD125:17 § 125-194 CLERMONT CODE Sec. 125-194. Lot and height require- 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, ments. 6-27-2000; Ord. No. 355-C, § 122-145, 10-23- Lot and height requirements for the R-2 district 2007) are as follows: (1) Lot size. Lot size for single-family dwell- ings shall be not less than 7,500 square feet. Lot size for two-family dwellings shall be not less than 10,000 square feet. Minimum lot size for multifamily develop- ment shall be 5,000 square feet per dwell- ing unit. (2) Lot width. Minimum lot width for single- family and two-family dwellings shall be 75 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. Minimum lot width for multifamily development shall be 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. (3) Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent, except for multifamily develop- ment the maximum shall be 70 percent. (4) Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-145; Code 2008, § 122-145; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. Sec. 125-195. Yards. Minimum yard requirements for the R-2 district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback is 7.5 feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 25 feet on any side adjacent to any other street and 7.5 feet on the interior side yard. (3) Rear yard. The minimum rear yard setback is 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a conditional use or multifamily use abuts a residential use, the conditional use or the multifamily use shall provide a buffer strip along the abutting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive �J • l� u CD125:18 • • ZONING § 125-217 plan and after formal approval of a site development plan by the administrative official. (Code 1998, § 122-146; Code 2008, § 122-146; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000) Secs. 125-196-125-213. Reserved. DIVISION 7. R-3-A RESIDENTIAL/PROFESSIONAL DISTRICT Sec. 125-214. Intent. The R-3-A district is intended for medium density multiple -family developments and profes- sional offices that do not conflict with the residential usage and do not generate traffic of such nature as to require commercial zoning. (Code 1998, § 122-161; Code 2008, § 122-161; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-215. Site plan review. A site plan review is required for two-family residential uses in the R-3-A district where relief on the site is seven percent or greater, and for all multiple -family developments and professional offices. (Code 1998, § 122-162; Code 2008, § 122-162; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-216. Permitted uses. Permitted uses in the R-3-A district are as follows: (1) Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, carports and screened areas. (2) Two-family dwelling units having a minimum of 700 square feet per dwelling unit, exclusive of garages, carports and screened areas. (3) Multifamily dwelling units, including townhomes and condominiums, having a minimum floor area of 600 square feet per unit, exclusive of garages, carports and screened areas. (4) Buildings, structures or uses maintained or operated by the city. (5) Home occupations as provided in article V of this chapter. (6) Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten -foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regula- tions, as applicable. (7) Field crops, orchards and other horticultural uses where no selling at retail is involved. (8) Accessory uses: customary accessory build- ings and structures, including private garages, noncommercial greenhouses and workshops. (Code 1998, § 122-163; Code 2008, § 122-163; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998; Ord. No. 299-C, § 2, 6-27-2000) Sec. 125-217. Conditional uses. (a) Conditional uses in the R-3-A district are as follows: (1) Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices and similar businesses. (2) Churches, provided adequate buffer strips between residential uses are provided. (3) Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). (4) Utility facilities (i.e., electric transform- ers, gas regulator stations, etc.). (5) Planned unit developments per article IV of this chapter. (6) Cemeteries. (7) Multiple -family developments, including townhomes and condominiums, of 12 or more dwelling units, or that are so located and planned so that 12 or more dwelling CD125:19 § 125-217 CLERMONT CODE units can be placed on the property, even though 11 or fewer may be constructed initially. (8) Nursery schools, kindergartens or childcare centers, provided the outdoor area is enclosed by a fence at least four feet in height and all state requirements are met. (9) Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners. (10) Private schools. (11) Bed and breakfast inns per article V of this chapter. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-164; Code 2008, § 122-164; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, §§ II, III, 10-27-1998; Ord. No. 299-C, § 21 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004) Sec. 125-218. Lot and height require- ments. Lot and height requirements for the R-3-A district are as follows: (1) Lot size. Lot size for single-family dwell- ings shall be not less than 7,500 square feet. Lot size for two-family dwellings shall be not less than 10,000 square feet. Minimum lot size for multifamily develop- ment shall be 5,000 square feet per dwell- ing unit. (2) Lot width. Minimum lot width for single - and two-family dwellings shall be 75 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. Minimum lot width for multifamily development shall be 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. (3) Impervious surface coverage. For all residential development, the maximum impervious surface coverage for single- family and duplex dwellings shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent, and for multifamily develop- ment and professional offices, the maximum is 70 percent. (4) Height. Maximum height of 45 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-165; Code 2008, § 122-165; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-165, 10-23- 2007) Sec. 125-219. Yards. Minimum yard requirements for the R-3-A district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback for single-family and duplex dwellings shall be 7.5 feet. Townhouses, multifam- ily and professional offices shall have a minimum 15-foot setback. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard for single-family and duplex • • CD125:20 ZONING § 125-249 0 • • dwellings and 15 feet for townhouses, multifamily and professional office developments. (3) Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a conditional use or a multifamily use abuts a residential use, the conditional use or multifamily use shall provide a buffer strip along the abutting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (Code 1998, § 122-166; Code 2008, § 122-166; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000) Secs. 125-220-125-246. Reserved. DIVISION 8. R-3 RESIDENTIAL/PROFESSIONAL DISTRICT Sec. 125-247. Intent. The purpose of the R-3 district is to provide medium density townhouse and multiple -family housing in an urban area where needed, and where urban conveniences and facilities can be provided, and also to provide for those profes- sional services not in direct conflict with the residential usage and which do not generate traffic of such a nature as to require industrial or commercial zoning. (Code 1998, § 122-181; Code 2008, § 122-181; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-248. Site plan review. A site plan review is required for two-family residential uses in the R-3 district where relief on the site is seven percent or greater, and all multiple -family developments and professional offices. (Code 1998, § 122-182; Code 2008, § 122-182; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-249. Permitted uses. Permitted uses in the R-3 district are as follows: (1) Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, carports and screened areas. (2) Two-family dwelling units having a minimum of 700 square feet per dwelling unit, exclusive of garages, carports and screened areas. (3) Multifamily dwelling units, including townhomes and condominiums, having a minimum floor area of 600 square feet per unit, exclusive of garages, carports and screened areas, with fewer than 12 units. (4) Buildings, structures or uses maintained or operated by the city. (5) Home occupations as provided in article V of this chapter. (6) Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten -foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regula- tions, as applicable. CD 125:21 § 125-249 CLERMONT CODE (7) Field crops, orchards and other horticultural uses where no selling at retail is involved. (8) Accessory uses: Customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops. (Code 1998, § 122-183; Code 2008, § 122-183; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998; Ord. No. 299-C, § 2, 6-27-2000) Sec. 125-250. Conditional uses. (a) Conditional uses in the R-3 district are as follows: (1) Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices and similar businesses. (2) Churches, provided adequate buffer strips between residential uses are provided. (3) Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). (4) Utility facilities (i.e., electric transform- ers, gas regulator stations, etc.). (5) Planned unit developments per article IV of this chapter. (6) Cemeteries. (7) Multiple -family developments, including townhomes and condominiums, of 12 or more dwelling units, or that are so located and planned so that 12 or more dwelling units can be placed on the property, even though 11 or fewer may be constructed initially. (8) Hospitals and nursing homes. (9) Private schools. (10) Nursery schools or kindergartens, provided the outdoor play area is enclosed by a fence four feet in height and all state requirements are met. (11) Mobile home parks per article V of this chapter. (12) Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners. (13) Bed and breakfast inns per article V of this chapter. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-184; Code 2008, § 122-184; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, §§ II, III, 10-27-1998; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004) Sec. 125-251. Lot and height require- ments. Lot and height requirements for the R-3 district are as follows: (1) Lot size. Minimum lot size for single- family dwellings is 7,500 square feet. Minimum lot size for two-family dwell- ings is 10,000 square feet. Minimum lot size for multifamily development is 3,500 square feet per dwelling unit. (2) Lot width. Minimum lot width for single - and two-family dwellings is 75 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. Minimum lot width for multifamily development is 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. (3) Impervious surface coverage. For all residential development the maximum impervious surface coverage for single- family and duplex dwellings shall be 55 percent with the principal building, driveway and walkways limited to 45 • • CD125:22 ZONING § 125-283 0 • percent, and for multifamily develop- ment and professional offices the maximum is 70 percent. (4) Height. Maximum height of 45 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-185; Code 2008, § 122-185; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-185, 10-23- 2007) Sec. 125-252. Yards. Minimum yard requirements for the R-3 district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback for single-family and duplex dwellings shall be 7.5 feet. Townhouses, multifam- ily and professional offices shall have a minimum 15-foot setback. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard for single-family and duplex dwell- ings and 15 feet for townhouses, multifam- ily and professional office developments. (3) Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (Code 1998, § 122-186; Code 2008, § 122-186; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000) Secs. 125-253-125-282. Reserved. DIVISION 9. 0-1 OFFICE DISTRICT Sec. 125-283. Intent. (a) The intent of the 0-1 district is to provide areas in the city to accommodate both business and professional offices, and some support services. Areas zoned for office use shall be appropriately located throughout the city to serve the general public and not create an adverse effect on adjacent areas. Mixed uses of buildings are permitted. (b) The city encourages the location of office structures in appropriate locations so that busi- ness and professional services can more adequately and conveniently serve the city's residents, certain job opportunities can be cre- ated within the city to improve the city's economic base and residents can be given the opportunity to work within the city and can be provided convenient, modern office buildings in landscaped settings which can add to the attractiveness of the city. (Code 2008, § 122-190; Ord. No. 373-C, § 2, 11-24-2009) CD 125:23 § 125-284 Sec. 125-284. Site plan review. CLERMONT CODE A site plan is required for uses in the 0-1 district and must be approved by the administra- tive official. (Code 2008, § 122-191; Ord. No. 373-C, § 2, 11-24-2009) Sec. 125-285. Permitted uses. (a) Generally. Permitted uses in the 0-1 district are as follows: (1) Professional offices, such as those of architects, medical doctors, dentists, professional engineers, attorneys, public accountants; (2) Medical and dental laboratories; (3) Hospitals and medical clinics (does not include animal hospitals); (4) Business offices such as stockbroker's offices, real estate offices, executive or administrative offices for business, insur- ance offices; state licensed massage therapists; (5) Financial institutions, including banks, savings and loan associations and credit unions; (6) Business services such as telephone answering services, tabulating and computing services, copy services, public stenographers, etc.; (7) Off-street parking lots except those for the parking of heavy duty construction equipment, trucks, drill rigs or by truck/ van rental companies; (8) Professional services of photographic studios and photographic production when done in conjunction with photographic studios for their exclusive use; (9) Fine arts museums and fine arts instruc- tion, including art instruction, limited to painting, sculpture, pottery and photography. Dance instruction limited to ballet, tap, jazz and modern dance. Music instruction limited to piano, symphony instruments, acoustic guitar but not electric guitar or other amplified instruments; (10) Travel agencies; (11) Pharmacy store within a medical office building which sells prescription and nonprescription drugs, medicines and medically related equipment only. Maximum ten percent of medical office building floor space; (12) Other uses which are similar and compat- ible to the uses permitted herein which adhere to the intent of the district and which are not prohibited as specified in this code. Use determination shall be based on the site review committee's recommendation. (b) Floor space. Any business establishment or structure proposing to occupy more than 20,000 square feet of floor space shall require a conditional use permit. The floor area ratio for any structure shall not exceed that identified by policies of the adopted comprehensive plan. No more than 25 percent of the total floor area of a building may be devoted to storage. (c) Uses to be enclosed; outdoor storage. All uses must be conducted within a completely enclosed building, except for outdoor storage, which must be screened from a public street and adjacent property. (Code 2008, § 122-192; Ord. No. 373-C, § 2, 11-24-2009) Sec. 125-286. Conditional uses. (a) Conditional uses in the 0-1 district are as follows: (1) Drive-in components of any business; (2) Buildings over 20,000 square feet; (3) Fitness facility, exercise or health club; (4) Other similar service activities where integrated within a primary use structure and oriented towards serving the individu- als employed within or served by the primary use structure. Such use may include newspaper, card and gift shop, florist, restaurants or cafeteria (exclud- l� u • CD125:24 ZONING § 125-311 0 • • ing drive -through facilities and limited to ten percent of any floor area of any building). (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval of the city council, are not more obnoxious to the district than the uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 2008, § 122-193; Ord. No. 373-C, § 2, 11-24-2009) Sec. 125-287. Lot and height require- ments. Lot and height requirements for the 0-1 district are as follows: (1) Impervious surface coverage. Maximum impervious surface coverage is 70 percent. (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Any buildings or structures higher than 55 feet must obtain a variance by the city council. Facilities owned by the city are exempt from the height regulations. (Code 2008, § 122-194; Ord. No. 373-C, § 2, 11-24-2009) Sec. 125-288. Yards. Minimum yard requirements for the 0-1 district are as follows: (1) Front yard. The minimum front yard setback shall be 25 feet. (2) Side yard. The minimum side yard setback shall be ten feet. On corner lots, a street - side yard setback of 25 feet shall be maintained. (3) Rear yard. The minimum rear yard setback shall be 25 feet. The rear build- ing line of lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a permitted or conditional office use abuts a residential use, the use shall provide a landscaped buffer strip along the abutting property line in accordance with commercial uses as required in chapter 123. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with poli- cies of the adopted comprehensive plan and after formal approval of a site develop- ment plan by the administrative official. (Code 2008, § 122-195; Ord. No. 373-C, § 2, 11-24-2009) Secs. 125-289-125-309. Reserved. DIVISION 10. C-1 LIGHT COMMERCIAL DISTRICT Sec. 125-310. Intent. The purpose of the C-1 district is to provide light retail sales and services which would not be detrimental to adjacent residential districts. (Code 1998, § 122-201; Code 2008, § 122-201; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-311. Site plan review. A site plan is required for uses in the C-1 district and must be approved by the administra- tive official. (Code 1998, § 122-202; Code 2008, § 122-202; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) CD125:25 § 125-312 CLERMONT CODE 0 Sec. 125-312. Permitted uses. conditional use permit. The floor area ratio for (a) Generally. Permitted uses in the C-1 district any structure shall not exceed that identified by are as follows: policies of the adopted comprehensive plan. (1) Retail businesses which supply commodi- (c) Uses to be enclosed; outdoor storage. All ties on the premises, such as, but not uses must be within a completely enclosed build - limited to, groceries, baked goods or other ing, except for outdoor storage, which must be foods, drugs, dry goods, clothing, decora- screened from public streets and adjacent property. tions, hardware, furniture, appliances, sporting goods, flowers, etc. (d) Sidewalk use. (2) Personal service establishments, such as, (1) Restaurant or food service business but not limited to, beauty shops or establishments may utilize the outside barbershops, tailor or dressmaking shops, shoe repair, music, dancing and Private sidewalk area adjacent to the photographic studios and dry cleaners. business for patron use to include non - Permanent makeup service may be fastened small tables and chairs or allowed as an accessory use; with abusi- benches during business hours only. Busi- ness tax receipt and with medical supervi- nesses which utilize this type of sidewalk sion, within an existing salon, beauty use shall maintain at least a four -foot - shop, barbershop, medical office, or similar wide open area for passage from one use. Such service shall be limited to the property to the next, from the inside of face area and would consist of cosmetic any curb toward the business front, and permanent makeup for eyeliner, eyebrow in accordance with the Americans with and mouth/lip liner definition. Disabilities Act (ADA). Where such four- foot open space is not available, table or (3) Professional offices, doctor offices, banks, chairs shall not be allowed. All such uses loan companies, insurance and real estate shall be approved by the applicable city offices, and similar businesses. administrator. Number and size limita- (4) Dwelling units permitted in the R-3 tions are as follows: district, provided that they meet the a. Limited to 50 percent of restaurant regulations of the R-3 district. frontage as approved by the plan- (5) Buildings, structures and uses maintained ning and development services or operated by the city. department. (6) Lodges and clubs. b. Maximum number of tables and (7) Churches and places of religious wor- chairs; four tables with maximum ship, less than one acre or 5,000 square four chairs each. feet or less. C. Maximum table width; four feet. (8) Restaurants. d. Umbrellas maybe utilized, provided (9) Shopping centers. Any group of busi- they adhere to the four -foot clear- nesses with shared parking or in which ance for Americans with Disabilities the total land area of the development is Act (ADA) access and do not have less than five acres. any advertising unless approved by (10) Medical marijuana dispensaries. the planning and development services department. (b) Floor space. Any business establishment or structure proposing to occupy more than 5,000 (2) Restaurants or similar food service busi- square feet of floor space shall require a ness establishments with larger outdoor CD125:26 ZONING 0 seating area available that can be isolated may be permitted with the following provisions: a. Site plan approval is required by the site review committee. Location and any separation from other uses; sidewalks, parking, landscape, and so forth, must be demonstrated and maintained. b. Separation or isolation from other uses may be provided with decora- tive fencing; no chain link is permit- ted, landscaping, or similar materials as approved by the site review com- mittee. C. Outdoor seating cannot exceed more than half the total square feet or number of seats; whichever is less, of the indoor seating area. d. Any outdoor seating shall be provided for with approved parking spaces according to the land develop- ment code. e. All sidewalks and pedestrian access areas shall maintain Americans with Disabilities Act (ADA) accessibility. f. No advertising shall be permitted on table umbrellas or fencing mate- rial unless approved by the plan- ning and development services department. g. Required landscaping must be maintained in accordance with the city land development code. (Code 1998, § 122-203; Code 2008, § 122-203; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2020-25, § 4, 7-14-2020) Sec. 125-313. Conditional uses. (a) Conditional uses in the C-1 district are as follows: (1) Retail businesses, personal service establishments, professional offices, lodges and clubs and churches greater than § 125-313 5,000 square feet; provided, however, that no retail establishment may occupy more than 100,000 square feet. (2) Public or semipublic facilities or structures not maintained or operated by the city and not listed under permitted uses; such as operated by any other unit of government. (3) Utility facilities; such as electrical transformers, gas regulator stations; and so forth. (4) Hospitals, clinics, nursing homes, and funeral homes. (5) Nursery schools, kindergartens or childcare centers; provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met. (6) Cemeteries. (7) Private schools. (8) Mobile home parks per article V of this chapter. (9) Planned unit developments per article IV of this chapter. (10) Convenience stores and gas stations. (11) Laundries. (12) Automobile and truck services. (13) Lounges. (14) Bed and breakfast inns per article V of this chapter. (15) Shopping centers; any group of busi- nesses with shared parking or in which the total land area of the development five acres or more. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-204; Code 2008, § 122-204; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § I, 4-13-1999; Ord. No. 299-C, § 2, CD125:27 § 125-313 CLERMONT CODE 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-04, § 2, 2-26-2013) Sec. 125-314. Lot and height require- ments. Lot and height requirements for the C-1 district are as follows: (1) Impervious surface coverage. Maximum impervious surface coverage is 80 percent. (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-205; Code 2008, § 122-205; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 355-C, § 122- 205, 10-23-2007) Sec. 125-315. Yards. Minimum yard requirements for the C-1 district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback shall be 12 feet. On corner lots, a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. (3) Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line of lakefront property shall be measured from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a conditional or com- mercial use abuts a residential use, the conditional or commercial use shall provide a landscaped buffer strip along the abutting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with poli- cies of the adopted comprehensive plan and after formal approval of a site develop- ment plan by the administrative official. (Code 1998, § 122-206; Code 2008, § 122-206; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 355-C, § 122-206, 10-23- 2007; Ord. No. 2013-04, § 2, 2-26-2013) Secs. 125-316-125-333. Reserved. DIVISION 11. C-2 GENERAL COMMERCIAL DISTRICT Sec. 125-334. Intent. The C-2 district is intended for full-scale retail sales and service needs of the community. (Code 1998, § 122-221; Code 2008, § 122-221; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) �J • l� u CD125:28 ZONING § 125-336 0 • Sec. 125-335. Site plan review. A site plan is required for uses in the C-2 district and must be approved by the administra- tive official. (Code 1998, § 122-222; Code 2008, § 122-222; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-336. Permitted uses. (a) Generally. Permitted uses in the C-2 district are as follows: (1) Retail businesses. Any retail business or service, including the sale of goods and services for resale, as long as it is incidental to and in conjunction with a retail business. (2) Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaning establishments. Permanent makeup service may be allowed as an accessory use; with a business tax receipt and with medical supervision, within an existing salon, beauty shop, barbershop, medical office, or similar use. Such service shall be limited to the face area and would consist of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner definition. (3) Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices, and similar businesses. (4) Recreation facilities, theaters, including drive-ins, bowling alleys, skating rinks, billiard halls, miniature golf courses, driv- ing ranges and tourist attractions. (5) Restaurants and lounges. (6) Buildings, structures or uses maintained or operated by the city. (7) No retail establishment may occupy more than 100,000 square feet. (8) Lodges and clubs. (9) Laundries. (10) Hotels and motels. (11) Convenience stores and gas stations. (12) Shopping centers. Any group of busi- nesses with shared parking or in which the total land area of the development is less than ten acres. (13) Nursery schools, kindergartens or childcare centers; provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met. (14) Medical marijuana dispensaries. (b) Floor space. Any business establishment or structure proposing to occupy more than 20,000 square feet of floor space shall require a conditional use permit. The floor area ratio for any structure shall not exceed that identified by policies of the adopted comprehensive plan. (c) Uses to be enclosed; outdoor storage. All uses must be conducted within a completely enclosed building; except for outdoor storage, which must be screened from a public street and adjacent property. (d) Sidewalk use. (1) Restaurant or food service business establishments may utilize the outside private sidewalk area adjacent to the business for patron use, to include non - fastened small tables and chairs or benches during business hours only. Busi- nesses which utilize this type of sidewalk use shall maintain at least a four -foot - wide open area for passage from one property to the next, from the inside of any curb toward the business front, and in accordance with the Americans with Disabilities Act. Where such four -foot open space is not available, table or chairs shall not be allowed. All such uses shall be approved by the applicable city administrator. Number and size limita- tions are as follows: a. Limited to 50 percent of restaurant frontage as approved by the develop- ment services department. CD 125:29 § 125-336 CLERMONT CODE b. Maximum number of tables and chairs; four tables with a maximum of four chairs each. C. Maximum table width; four feet. d. Umbrellas may be utilized provided they adhere to the four -foot clear- ance for Americans with Disabilities Act access and do not have any advertising. (2) Restaurants or similar food service busi- ness establishments with larger outdoor seating area available that can be isolated may be permitted with the following provisions: a. Site plan approval is required by the site review committee. Location and any separation from other uses; sidewalks, parking, and landscape for example, must be demonstrated and maintained. b. Outdoor seating cannot exceed more than half the total square feet or number of seats, whichever is less, of the indoor seating area. C. All sidewalks and pedestrian access areas shall maintain Americans with Disabilities Act accessibility. d. No advertising shall be permitted on table umbrellas or fencing mate- rial unless approved by the city administrative official. e. Required landscaping must be maintained in accordance with the city land development code. (Code 1998, § 122-223; Code 2008, § 122-223; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § II, 4-13-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2016-27, § 2, 6-28-2016; Ord. No. 2020-25, § 4, 7-14-2020) Sec. 125-337. Conditional uses. (a) Conditional uses in the C-2 district are as follows: (1) Manufacturing, provided such manufacturing employs not more than five persons and is incidental, complementary to, and in conjunction with a retail business or service. (2) Residential storage warehouses where storage facility uses are exclusively for storing excess personal property gener- ally stored in residential accessory build- ings. This shall not include the storage of manufacturing or commercial products. (3) Shopping centers; any group of busi- nesses with shared parking or in which the total land area of the development is ten acres or more. (4) Agricultural service operations. (5) Public or semipublic facilities or structures not operated by the city and not listed as a permitted use. (6) Utility facilities; such as electric transformers, gas regulator stations, and so forth. (7) Recreational vehicle parks. (8) Hospitals, clinics, and nursing homes. (9) Automobile and truck repair garages; and painting, welding and body shops. (10) Dwelling units, provided that the require- ments of the R-3 zone are met, mobile home parks per article V of this chapter, and planned unit developments per article IV of this chapter. (11) Kennels or veterinary clinics, provided that all animal services and confinement areas; including runs, are in air conditioned and sound -attenuated build- ings. (12) Churches, funeral homes and cemeteries. (13) Retail establishments more than 100,000 square feet. (14) Private schools. (15) Bus terminals, major equipment sales, manufactured housing sales, travel trailer and recreational vehicle sales. (16) Bed and breakfast inns. • • CD125:30 ZONING § 125-339 0 • (17) Automobile and truck services, car - washes, and automobile, truck, boat and farm equipment sales. (b) In case of uncertainty of the classification of any use, uses may be permitted which; after consideration by the planning and zoning com- mission and approval of the city council, are not more obnoxious to the district than the uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-224; Code 2008, § 122-224; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § III, 4-13-1999; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2016-27, § 2, 6-28-2016) Sec. 125-338. Lot and height require- ments. Lot and height requirements for the C-2 district are as follows: (1) Impervious surface coverage. Maximum impervious surface coverage is 80 percent. (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-225; Code 2008, § 122-225; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 355-C, § 122- 225, 10-23-2007) Sec. 125-339. Yards. Minimum yard requirements for the C-2 district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and U.S. 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback is 12 feet. On corner lots where a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. (3) Rear yard. The minimum rear yard setback is 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50 feet shall be maintained. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When a conditional or com- mercial use abuts a residential use, the conditional or commercial use shall provide a landscaped buffer strip along the abutting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with poli- cies of the adopted comprehensive plan and after formal approval of a site develop- ment plan by the administrative official. (Code 1998, § 122-226; Code 2008, § 122-226; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. CD 125:31 § 125-339 CLERMONT CODE 298-C, § 2, 6-27-2000; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 355-C, § 122-226, 10-23- 2007; Ord. No. 2013-04, § 2, 2-26-2013) Secs. 125-340-125-366. Reserved. DIVISION 12. CBD CENTRAL BUSINESS DISTRICT Sec. 125-367. Intent. The intent of the CBD district is to enhance the harmonious mixture of residential, com- mercial, professional, institutional and governmental enterprises in the central busi- ness district while providing a unique and enjoy- able shopping and activity center for the city. Lot and building regulations are intended to allow intensive development and encourage uses requir- ing a central location. (Code 1998, § 122-241; Code 2008, § 122-241; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-368. Site plan review. A site plan is required for uses in the CBD district and must be approved by the administra- tive official. (Code 1998, § 122-242; Code 2008, § 122-242; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-369. Permitted uses. (a) Generally. Permitted uses in the CBD district are as follows: (1) Retail businesses which supply commodi- ties on the premises, such as, but not limited to, groceries, baked goods or other foods, drugs, dry goods, clothing, decora- tions, hardware, furniture, appliances, sporting goods, flowers, etc. (2) Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners. Permanent makeup service may be allowed as an accessory use (with a business tax receipt, and with medical supervision) within an existing salon, beauty shop, barbershop, medical office, or similar use. Such service shall be limited to the face area and would consist of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner definition. (3) Professional offices, doctors' offices, banks and loan companies (excluding drive - through facilities except with a conditional use permit), insurance and real estate offices and similar businesses. (4) Dwelling units, single-family and two- family, permitted in the R-2 district, and other residential uses as permitted in the R-3 district, provided that lot size and coverage regulations of the respec- tive district can be accommodated and the lot width of this district is met. (5) Buildings, structures and uses maintained or operated by the city. (6) Lodges and clubs. (7) Restaurants less than 3,000 square feet. (8) Medical marijuana dispensaries. (b) Floor space. Any business establishment or structure proposing to occupy 3,000 square feet of total floor space or more shall require application for a conditional use permit. (c) Uses to be enclosed, outdoor storage. All uses must be within a completely enclosed build- ing, except for outdoor storage, which must receive site plan approval and be screened from public streets and adjacent property. (d) Sidewalk use. Business establishments may utilize outside private or public sidewalk area for patron use to include non -fastened small tables and chairs, or benches during business hours only. Compact outside display areas may also be utilized provided the display has a maximum width of 25 percent of a retail store width or ten feet in width, whichever is less, four feet in depth, and six feet in height. Businesses which utilize this type of sidewalk use shall maintain at least a four -foot -wide open area for passage from one property to the next, from the inside of any curb toward the business front, and in accordance with the Americans with Disabilities • • CD125:32 ZONING § 125-371 0 • • Act. Where such four -foot open space is not available, table and chairs or displays shall not be allowed. All such uses shall be approved by the city manager or designee. (Code 1998, § 122-243; Code 2008, § 122-243; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-243, 10-23-2007; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2014-24, § 2, 9-23-2014; Ord. No. 2020-25, § 4, 7-14-2020) Sec. 125-370. Conditional uses. (a) Conditional uses in the CBD district are as follows: (1) Retail businesses, personal service establishments and professional offices occupying 3,000 square feet of total floor area or more, provided, however, that no retail establishment may occupy more than 100,000 square feet. (2) Public or semipublic facilities or structures not maintained or operated by the city and not listed under permitted uses (i.e., operated by any other governmental unit). (3) Utility facilities (i.e., electrical transform- ers, gas regulator stations, etc.). (4) Hospitals, clinics, adult congregate living facilities and nursing homes that provide treatment of human ailments or personal care operations. (5) Nursery schools, kindergartens or .childcare centers, provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met. (6) Private schools. (7) Funeral homes. (8) Convenience stores and gas stations, provided on -site parking requirements are met. (9) Laundries. (10) Automotive service stations, provided on - site parking requirements are met. (11) Restaurants over 3,000 square feet. (12) Lounges. (13) Bed and breakfast inns as provided in article V of this chapter. (14) Theaters, cinemas and auditoriums. (15) Churches. (16) Planned unit developments. (b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning com- mission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-244; Code 2008, § 122-244; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § IV, 4-13-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004; Ord. No. 2014-24, § 2, 9-23-2014) Sec. 125-371. Lot and height require- ments. Lot and height requirements for the CBD district are as follows: (1) Impervious surface coverage and floor area ratio. The maximum is 100 percent, provided requirements for stormwater retention can be satisfied. (2) Stormwater abatement requirements. a. Except as otherwise provided in this section, each structure and land use located within the designated central business district shall provide or be provided with a stormwater abate- ment system in conformance with level of service standards as provided in the adopted city comprehensive plan. In lieu of providing all of the required stormwater abatement system, development within the central business district may substitute for provision of such a system by payment of a one-time stormwater abatement fee as set forth by resolution of the city council and on file in the city clerk's office. Such fee shall be payable in full to CD 125:33 § 125-371 CLERMONT CODE the city prior to the issuance of any development permit for the site. An approved site plan, data and calcula- tions shall be provided which shall indicate the entire volume of storm - water that is required to be retained and shall indicate the volume of stormwater that will be exchanged for the central business district stormwater abatement fee. b. Reservation of stormwater reten- tion area capacity shall be considered effective for a period of one year from the date of receipt of the storm - water abatement fee. One exten- sion, not to exceed 180 days, may be granted upon written approval of the administrative official. Such approval shall be based upon a find- ing of fact that substantial construc- tion of the project has commenced, and that a certificate of occupancy can be reasonably expected to occur within the 180-day extension period. C. Required stormwater abatement systems shall be located on the same parcel as the use they are intended to serve, except those exchanged for the central business district storm - water abatement fee. A stormwater abatement plan, including data and calculations signed and sealed by a professional engineer licensed in the state, shall be provided with all applications for individual develop- ment approval. All stormwater abatement systems shall be designed and constructed in accordance with the city's adopted engineering standards and criteria. (3) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. (4) Lot width. The minimum lot width for a single-family dwelling unit and other residential uses shall be 100 feet located on a publicly maintained street. (Code 1998, § 122-245; Code 2008, § 122-245; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 355-C, § 122- 245, 10-23-2007) Sec. 125-372. Yards. Minimum yard requirements for the CBD district are as follows: (1) Front yard. The minimum front yard setback for single-family and two-family dwelling units on all streets shall be 25 feet. The minimum front yard setback for other residential uses and nonresidential uses shall be zero feet. (2) Side yard. The minimum side yard setback for single-family and two-family dwelling units shall be 71/2 feet, except on corner lots, where 25 feet shall be required on all sides adjacent to any road rights -of - way. The minimum side yard for other residential uses and nonresidential uses shall be zero feet. (3) Rear yard. The minimum rear yard setback for single-family and two-family dwelling units shall be 25 feet. The minimum rear yard setback for other residential uses and nonresidential uses shall be zero feet. (4) Other setbacks. The building line for any lakefront property shall be measured from the established 100-year floodplain elevation as determined from national flood insurance rate maps (FIRM) of the Federal Emergency Management Agency (FEMA). (5) Roof projections. Properties located within the central business district may have roof projections (eaves) extending over public rights -of -way. However, such roof projections shall not be less than eight l� u • CD125:34 ZONING § 125-373 0 • feet above ground level or the finished first floor elevation, whichever is greater, and shall not extend more than eight feet over the public right-of-way, or two feet from the back of the curb, whichever is less. Nothing in this subsection shall be construed to allow roof projections over public streets, alleys or parking areas which would inhibit or impair the free flow of traffic. (Code 1998, § 122-246; Code 2008, § 122-246; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-373. Off-street parking. (a) Principal use location; number of parking spaces. Except as otherwise provided in this section, each principal use located within the designated central business district shall provide or be provided with the indicated number of off-street parking spaces according to the follow- ing schedule. Those uses which base required parking allocation on seating capacity, numbers of beds, numbers of employees and numbers of staff members shall submit specific data and calculations at the time of application for conditional use permit approval. (b) Parking space credits. In an effort to foster revitalization and enhancement of the central business district, parking space credits shall be granted to existing structures and vacant land in the following manner: (1) Existing structures located in the central business district shall be given a parking space credit equal to the parking space requirements for the current use of the structure. For structures with more than one use, calculation of the credit is based on the amount of square footage devoted to each particular use. (2) For existing nonresidential structures, no additional parking spaces shall be required for a change in use to another nonresidential use, provided the square footage remains the same. (3) Residential uses changing to nonresidential must provide parking equivalent to those nonresidential uses as required by this section. (4) All vacant parcels changing to either residential or nonresidential must provide parking equivalent to those residential or nonresidential uses as required by this section. (5) Parking spaces and/or parking space credits shall remain the sole possession of the property for which they were initially provided. Parking space credits shall not be transferable from one busi- ness location to another business loca- tion. (6) Single-family residential structures and vacant parcels shall be given credit for two spaces and multifamily structures shall be given credit for 1.5 spaces per unit. (c) Parking spaces developed for residential and nonresidential uses. Vacant property being developed for new residential or nonresidential uses shall be required to provide off-street park- ing spaces located on the same parcel as the use they are intended to serve. A parking plan shall be provided with all applications for individual development approval which shall clearly and accurately designate the required parking spaces, required landscaped areas and planter islands, access aisles and driveways and the relationship of the parking to the uses and structures the spaces are intended to serve. All off-street park- ing facilities shall be designed and constructed in accordance with the city's adopted engineer- ing standards. Required parking spaces are as follows: (1) Retail business, personal service and office establishments. One parking space for each 400 square feet of floor space. (2) Hospitals, clinics, adult congregate living facilities and nursing homes. One park- ing space for each four beds, plus one space for each four employees, including staff members and nurses. (3) Nursery schools, kindergartens or childcare centers, public, vocational and professional schools. One parking space for each 300 square feet of classroom CD 125:35 § 125-373 CLERMONT CODE space, plus one space for each staff member, plus one space for each four employees. (4) Churches and funeral homes. One park- ing space for each four seats in the sanctuary or assembly room. (5) Restaurants and lounges. One parking space for each 200 square feet of floor area devoted to patron use, plus one space for each four employees. (6) Lodges and clubs. One parking space for each 50 square feet of floor area. (7) Theaters, cinemas and auditoriums. One parking space for each eight seats in the assembly room. (8) Bed and breakfast. One parking space for each accommodation. (9) Automotive services. Four parking spaces for each bay, grease rack or similar facil- ity, plus one space for each employee. (10) All dwelling units. Two parking spaces per dwelling unit. (11) Planned unit developments. Parking space requirements for planned unit develop- ments shall be based upon the aggregate sum of all proposed uses. (12) Hotels and motels. One parking space for each accommodation, plus one space for every three employees. (d) Determination for unlisted uses or alterna- tive parking. If the proposed use is not listed or compatible with a use listed in the table of minimum parking space requirements, the plan- ning director, who after consultation with the site review committee, shall make a determina- tion of the appropriate parking for the proposed use. In reaching the determination, the director shall consider and be guided by the require- ments for similar uses, the number and kind of vehicles likely to be attracted to the proposed use, parking requirements of such uses in other jurisdictions, special conditions or situations of the proposed use, or a combination of sources. (Code 1998, § 122-247; Code 2008, § 122-247; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § I, 5-26-1998; Ord. No. 373-C, § 2, 11-24-2009; Ord. No. 2010-05-C, § 2, 3-23-2010) Sec. 125-374. Landscaping, buffers and tree protection. (a) Generally. (1) Except as otherwise provided in this section, landscaping criteria required for all development in the CBD district shall be as stated in chapter 123. The overall intent is to provide for required landscap- ing, buffers and tree protection in certain developments, redevelopments and areas to be developed within the city. The general purpose is to enhance aesthetic appearance, preserve the environmental and ecological benefits of trees and other endemic (native) vegetation, and provide standards for required landscaping, including buffers between adjacent uses and off-street parking areas, and provide for general maintenance requirements that apply to all landscaped areas. (2) Landscaping, landscaped areas, buffers and tree protection shall be provided and accomplished for all real properties in the manner set forth in chapter 123. The minimum provisions required may be exceeded. (3) When a conditional or commercial use is developed and abuts a residential area or use, the conditional or commercial use shall provide a landscaped buffer strip along all abutting property lines in conformance with chapter 123. (4) Notwithstanding criteria specified by chapter 123, development within the central business district shall provide landscaping consistent with any formally adopted comprehensive tree plan or streetscape plan pursuant to the prescribed study of the city tree board or studies of the city beautification commit- tee. (5) Prior to the issuance of any permit for development or redevelopment which is included under the provisions of this division, a site plan shall be submitted to and approved by the city. No permit shall be issued for such development or l� u • CD125:36 ZONING § 125-375 redevelopment unless such site plan better as given in Grades and Standards complies with the provisions of this divi- for Nursery Plants, Part I, current edi- sion, and no certificate of occupancy shall tion, and Part II, published by the state be issued until the landscaping is department of agriculture. complete. It shall be unlawful to occupy (3) All specifications for measurement, the premises unless the landscaping is quantity and location of required landscap- installed in accordance with the approved ing shall be in accordance with chapter site plans and the requirements of this 115 unless otherwise prescribed in this division. section. (b) Landscape plan and irrigation plan (d) Exemptions. required. (1) A landscape plan showing proposed (1) Properties which have optioned to landscaped areas shall be submitted for participate entirely in the stormwater review and approval by the city. Such abatement fee program and the off-street plan shall be required for all new develop- parking requirement fee program and ment, and, if required, with the applica- have maximized impervious surface cover - tion for a building permit for rehabilitation age to 100 percent of the site, are not or renovation projects. required to provide on -site landscaping in conformance with this section and (2) An irrigation plan shall be submitted for chapter 115. This exemption does not, review and approval by the city in all however, abrogate compliance with any instances where a landscape plan is sanctioned comprehensive tree plan or required. Such plan shall indicate use of streetscape plan pursuant to prescribed a low -volume irrigation system designed studies of the city tree board or the city specifically for the proposed landscape beautification committee. installation, delineate zones if proposed, (2) Properties which have partially optioned and clearly illustrate compliance with site development pursuant to the the required building plan and site programs referenced in subsection (d)(1) approval process. A city -approved back- of this section shall be required to submit flow prevention device and rain sensor a landscape plan for review and approval gauge shall be required in conformance of the city site review committee. Instal- with mandated state regulations. lation, quality and quantity of landscape (c) Installation and specifications. material for stormwater retention areas shall be accomplished in the same manner (1) Installation of landscape material shall as that for required off-street parking strictly be in accordance with the approved areas. landscape plan. Any request for substitu- (Code 1998, § 122-248; Code 2008, § 122-248; tion or relocation of materials shall be Ord. No. 281-C, § 1(ch. 7), 11-8-1994) submitted in writing, along with a revised plan, to the city for subsequent review Sec. 125-375. Density. and approval. All plant material shall be planted in a manner which is not intrusive (a) General description. An applicant may to utilities or pavement. request the use of a density bonus in the central (2) All specifications for the quality and business district by including a justification installation of landscaping shall be in statement in the description of the project in accordance with American Standards for their site plan application. The attainment of a Nursery Stock published by the American bonus requires three separate components: Association of Nurserymen and conform (1) Compliance with the mandatory require - to the standards for Florida No. 1 or ments; CD125:37 § 125-375 CLERMONT CODE (2) Utilization of the density bonus criteria; (3) Compatibility with the planned character of adjacent and surrounding properties. A bonus shall not be considered an entitlement. The maximum available bonus under the proposed system below may not be appropriate in all situations. Neighborhood compatibility issues or lack of adequate infrastructure may not support the full bonus. The city council may approve a requested bonus, approve a requested bonus with conditions to mitigate the impact of the bonus, approve a lesser bonus, approve a lesser bonus with conditions to mitigate the impact of the bonus, or deny a requested bonus. (b) Maximum residential density in the central business district. The maximum residential density permitted in the central business district is 25 dwelling units per acre. Through the use of the bonus provisions below, the total maximum allowed residential density may be increased to 40 dwelling units per acre in the central busi- ness district. At no time shall residential densi- ties be increased above 40 dwelling units per acre. (c) Mandatory requirements for residential development in the central business district. The following items are mandatory components for any project in the central business district that is greater than 12 dwelling units per acre, including any project utilizing the density bonus provisions of this section: (1) Construction materials. Durable, high - quality materials, such as stone, steel, glass, precast concrete, or masonry shall be required. Such materials and associ- ated architectural features must wrap around all sides of the building that are visible from the public realm. Traditional stucco may be appropriate in a historic context or for a Mediterranean -style build- ing. Buildings incorporating EIFS (exterior insulation finishing system) or other faux -stucco finish for more than ten percent of a street -facing facade do not meet this criterion. First floor will be required to be masonry or block construc- tion. (2) Urban design/architecture. Building placement must reinforce the walkability of downtown and embrace desired pedestrian/building relationships. The primary building entrance, if a singular entrance, must be a prominent feature that is defined and articulated with pedi- ments, pilasters, columns, porticoes, porches, overhangs, railings, or other architecturally compatible elements. Buildings on corner lots and buildings that terminate views from the public realm must incorporate additional height or other features that emphasize their prominent location. (3) Pedestrian improvements. The project must include sidewalks in all public rights - of -way and a pedestrian access plan for the internal movement throughout the project. (4) Trail connection. The project must be adjacent to or within 1,500 feet of a publicly dedicated trail. If not adjacent, a connection between the project site and public trail must be constructed. Any planned connection must meet the minimum design criteria for a publicly accessible trail. (d) Criteria for density bonus. Bonus density may be awarded to a project based upon success- ful compliance with one or more of the following criteria listed below. Each project must demonstrate that the inclusion of one or more of the following criteria justifies an increase in density. The city shall consider the entirety of the project and the manner in which the project exceeds minimum city standards for develop- ment within the central business district. Those projects exemplifying maximum and superior utilization of the bonus criteria below may be awarded a higher density. The determination of the final allowable maximum density includes consideration of the criteria below and compli- ance with the compatibility revisions of this section. The density bonus commitments prof- fered by the applicant and agreed to by the city shall be included in a community benefit agree- ment described further in this section. (1) Streetscape. Streetscape treatment that meets the city's downtown Streetscape �J is • CD125:38 ZONING § 125-375 0 • • plan or exceeds the minimum standards normally required of the development's location. (2) Transit. The site is proximate (one - quarter to one-half mile) to a sheltered transit stop. This criterion may be waived until such time as transit service is more fully provided within the downtown cor- ridor. (3) Parking structure. Parking garage is located such that it is interior to the site or lined with habitable space along all street -facing facades. (4) Public parking. The project provides park- ing beyond the minimum required by code to accommodate public parking in the downtown. (5) Environmental sustainability. Site design and building materials that exceed the minimum environmental sustainability requirements in place at the time of development. Such enhancements should consider energy efficiency, stormwater design, solar, solar roofs or other renew- able energy sources, recycling, and sustainable materials options, all of which should be judged against the best - available technology and any relevant and generally accepted environmental certification programs. (6) Public open space. Publicly accessible and functional open space that is open to the sky and at least 2,500 square feet in area. (7) Public art/cultural facilities. The project includes a prominent component of public art or provides space to support com- munity cultural activities, all accessible to the public. The applicant may proffer a payment in lieu of this criterion subject to a fund established by the city for use consistent with the intent of this provi- sion. (8) Landscaping. A landscaping plan that exceeds the minimum city requirements. (e) Compatibility review. Projects that utilize this density bonus section to increase density above 25 dwelling units per acre, and are located adjacent to, or across a public street from, an adjoining zoning district other than the central business district, shall be required to undergo a compatibility review (CR). This review will ensure that the proposed density bonus results in a development that is compatible with the mass- ing, scale, form, and design of adjoining and nearby development. The city manager or designee responsible for administration of the land develop- ment code shall consider the following factors in conducting the compatibility review: (1) The current and planned uses of the surrounding area as allowed by the cur- rent future land use categories of sur- rounding properties; (2) If the resulting use of the density bonus will have a substantially greater nega- tive impact on the surrounding neighbor- hood than the project would have without utilizing a density bonus; (3) If proposed building setbacks significantly decrease site lines between building sites; (4) If proposed landscaping/buffers provide sufficient screening to mitigate the nega- tive effects of the incompatibility; and (5) If the resulting use of the density bonus decreases the level of service of any infrastructure below the adopted standards in the comprehensive plan. (f) Neighborhood compatibility report. The city manager or designee shall produce a neighbor- hood compatibility report based on the proposed project. If the report results in a recommenda- tion to reduce or eliminate the use of the density bonus for failure to meet the findings of the compatibility review, the city manager or designee shall provide additional conditions on the project to mitigate those concerns. Those conditions may include, but are not limited to, the follow- ing: (1) A reduction in the density bonus. (2) Increased building setbacks. (3) Increased landscaping(buffers. CD 125:39 § 125-375 CLERMONT CODE (4) Increased open space. (5) Off -site infrastructure improvements necessary to maintain adopted levels of service. (g) Community benefit agreement. An agree- ment between the city and the applicant shall be required to memorialize the commitments prof- fered by the applicant and shall be considered by the city council at the time the application is considered in a public hearing. This agreement shall be known as a community benefit agree- ment (CBA) and shall contain the terms and conditions by which the applicant will provide the density bonus elements of the project. The community benefit agreement shall be presented to the city council along with the application to increase residential density above 25 dwelling units per acre on any project in the central business district. (Code 2008, § 122-249; Ord. No. 2017-22, § 2, 2-28-2017; Ord. No. 2020-22, § 2, 6-23-2020) Secs. 125-376-125-393. Reserved. DIVISION 13. M-1 INDUSTRIAL DISTRICT Sec. 125-394. Intent. The M-1 district is intended for industrial uses of such a nature that they do not create problems of compatibility with adjacent land uses. (Code 1998, § 122-261; Code 2008, § 122-261; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-395. Site plan review. A site plan is required for uses in the M-1 district and must be approved by the administra- tive official. (Code 1998, § 122-262; Code 2008, § 122-262; Ord. No. 281-C, § 1(ch. 7), 11-8-1994) Sec. 125-396. Permitted uses. (a) Generally. Permitted uses in the M-1 district are as follows: (1) All uses permitted in C-2 General Com- mercial District, provided they meet the regulations of the C-2 district. (2) Light manufacturing: Generally recognized light industries engaged in manufacturing, assembly or packing. All manufacturing work must be conducted within a completely enclosed building with a total maximum floorspace of 7,000 square feet. (3) Wholesale enterprises and establish- ments engaged in warehousing, with or without retail sales, such as, but not limited to, lumber and building material yards, and electrical and plumbing sup- plies. (4) Offices or technical training enterprises. (5) Field crops, orchards and nurseries. (6) Buildings, structures or uses maintained or operated by the city. (7) Automobile and truck repair garages, and painting, welding and body shops. (b) Dwelling units. No dwelling unit shall be erected except for sleeping quarters of a watch- man or as part of a planned unit development. The watchman's quarters shall be considered an accessory use which shall not exceed 600 square feet of living area. The watchman's quarters shall be constructed as a portion of the principal structure and shall be located above or at the rear of the principal structure. (c) Uses to be enclosed; outdoor storage. All manufacturing or commercial uses must be conducted within a completely enclosed building, except for outdoor storage, which must be screened from a public street and adjacent property. (Code 1998, § 122-263; Code 2008, § 122-263; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 299-C, § 2, 6-27-2000) Sec. 125-397. Conditional uses. (a) Conditional uses in the M-1 district are as follows: (1) Airports. (2) Junkyards. (3) Planned unit developments per article IV of this chapter. �J is • CD 125:40 • ZONING § 125-399 (4) Utility facilities (i.e., electric transform- ers, gas regulator stations, etc.). (5) Adult entertainment establishments. (6) Conditional uses of the C-2 General Com- mercial District not specifically listed as a permitted use in the M- 1 light com- mercial district, provided they meet the regulations of the C-2 district. (b) Other manufacturing or wholesale uses not listed as a permitted use may be considered as a conditional use, provided the requirements of chapter 101, article III, division 3, and the following conditions are met: (1) 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 proper- ties. (2) Adequate waste treatment, roadways and utilities can be provided. (3) All applicable local, state and federal regulations regarding such use can be met. (4) No wholesale or retail establishment may occupy more than 100,000 square feet. (c) In case of uncertainty of the classification of any public use, uses may be permitted which, after consideration by the planning and zoning commission and approval of the city council, are not more obnoxious to the district than the uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3. (Code 1998, § 122-264; Code 2008, § 122-264; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § V, 4-13-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 370-C, § 3, 11-24-2009; Ord. No. 2016-48, § 3, 11-8-2016; Ord. No. 2017-32, § 2, 9-26-2017) Sec. 125-398. Lot and height require- ments. Lot and height requirements for the M-1 district are as follows: (1) Impervious surface coverage. Maximum impervious surface coverage is 80 percent. (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. (Code 1998, § 122-265; Code 2008, § 122-265; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 355-C, § 122-265, 10-23- 2007) Sec. 125-399. Yards. Minimum yard requirements for the M-1 district are as follows: (1) Front yard. Property adjacent to Hart - wood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet. (2) Side yard. The minimum side yard setback shall be 12 feet except on corner lots where a side yard setback of 50-feet shall be maintained on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets. A side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. (3) Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line of lakefront property shall be measured from the established high - CD 125:41 § 125-399 CLERMONT CODE water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Buffer strip. When an industrial or com- mercial use abuts a residential use, the industrial or commercial use shall provide a landscaped buffer strip along the abut- ting property line. (5) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with poli- cies of the adopted comprehensive plan and after formal approval of a site develop- ment plan by the administrative official. (Code 1998, § 122-266; Code 2008, § 122-266; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000) Secs. 125-400-125-426. Reserved. DIVISION 14. CD COMMERCE DISTRICT Sec. 125-427. Intent. The CD district is intended to provide for commerce and workforce oriented development; low impact/high-tech manufacturing uses; light industrial; professional and corporate offices; major health care facilities; businesses that provide services or goods to a regional, national or global market; educational, research and techni- cal institutions and schools; city or county infrastructure and support systems or services including spray fields, rapid infiltrations basin systems (RIBS). This district is intended to allow preexisting uses to remain and permit agricultural uses in an environment that is compatible with the surrounding natural resources, until such time that development with a conditional use permit and approved site plan is processed. More intense uses and development of the property are necessary to promote the general welfare and to secure economic and coordinated land use. Such master planned development must have a high level of transportation access; adequate public services and facilities; strong market demand factors for commerce develop- ment uses such as office, health services, research, and/or low -impact high-tech manufacturing uses; and practical land assembly patterns. (Code 2008, § 122-270; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-428. Permitted uses. Permitted uses in the CD district are as follows: (1) Buildings, structures or uses maintained or operated by the city. (2) Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). Such uses may include city or county infrastructure and support systems or services including storage facilities, spray fields, rapid infiltrations basin systems (RIBS), and similar systems. (Code 2008, § 122-271; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-429. Conditional uses. (a) Conditional uses in the CD district are as follows: (1) Utility facilities (i.e., electric transform- ers, natural gas regulator stations, etc.). (2) Planned unit developments per article IV of this chapter. (3) Primary or secondary public or private school. Organization formed and chartered for instructional purposes at a primary or secondary level, approved under regula- tions of the state. Does not include child daycare businesses. (4) College or university. An institution of higher education offering undergraduate or graduate degrees including com- munity colleges. (5) Cultural institution. Public or private nonprofit facility providing cultural • u l� u CD125:42 ZONING § 125-430 services to the public. Typical uses may (2) Lot width. Minimum lot width is 300 feet include museums, libraries, and measured at the building setback line, observatories. and 200 feet measured along the property (6) Publicly owned recreational facilities that lines contiguous to any street or highway, may include both active and passive facili- for any use not in a master planned ties. development. (7) Master planned developments in accordance with the future land use ele- (3) Impervious surface coverage. All com- ment and with a conditional use permit merce master planned development shall and approved site plan. have a maximum impervious surface (b) Primary commerce type uses shall include coverage of 40 percent, exclusive of commerce and workforce oriented development; required open space and conservation low impact/high-tech manufacturing uses; light areas. industrial; professional and corporate offices; (4) Wetlands. major health care facilities such as hospitals, outpatient surgical care or diagnostic centers; a. No development shall occur in businesses that provide services or goods to a wetlands or floodplain areas unless regional, national or global market; educational, determined by the site review com- research and technical institutions. mittee that such areas cannot be (c) Secondary or support uses may include avoided for road right-of-way or utili- commercial, hotel, primary/secondary schools and ties. Such use must be mitigated in personal services. Uses shall be limited to no accordance with the land develop - more than 25 percent of the net land area of the ment code. individual master planned development and shall, b. All developable land shall be based wherever possible, be included within the build- on net developable acreage, rather ing, building footprint or building site of a than gross (gross acreage less all primary use. These uses shall be developed after wetlands, floodplains or open space/ the completion of a significant portion of the conservation areas). principal development. Maximum amounts of development within the support use category (5) Development within commerce districts. shall be established upon approval of the special area plan. a. A minimum of 60 percent open space, (d) In case of uncertainty of the classification in addition to wetlands and of any use, uses may be permitted which, after floodplains, shall be preserved as consideration by the planning and zoning com- open space and conservation areas mission and approval by the city council, are not and left natural or untouched as more obnoxious to the district than uses provided preservation for aquifer recharge. in this section. All conditional uses must be This may include preexisting provided per chapter 101, article III, division 3. agricultural uses. Minor ground (Code 2008, § 122-272; Ord. No. 2010-09-C, § 2, work may be performed with site 8-24-2010) review committee approval, if it is Sec. 125-430. Lot and height require- determined to enhance the preserva- ments. tion and aquifer recharge of the Lot and height requirements for the CD district area. Public or semipublic facilities are as follows, unless preexisting conditions as described in this article shall be existed upon original annexation: exempt from this requirement. (1) Lot size. A minimum usable land area of b. The maximum impervious surface not less than five acres is required for coverage shall be 40 percent with any use not in a master planned develop- all buildings, walkways and park- ment. ing lots. CD 125:43 § 125-430 CLERMONT CODE C. Linear open space areas such as roadway medians or right-of-way may not count toward required park, open space or conservation areas. d. Passive recreational uses may be permitted with a conditional use permit within open space and conservation areas with site plan approval as part of a master planned development. (6) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limita- tions of this chapter shall also apply to spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. (Code 2008, § 122-273; Ord. No. 2010-09-C, § 2, 8-24-2010) Sec. 125-431. Yards. Minimum yard requirements for the CD district are as follows: (1) Front yard. Property adjacent to State Road 50 or U.S. Highway 27 shall maintain a 50-foot setback. On all other streets the setback shall be 35 feet. (2) Side yard. The minimum side yard setback on interior lots shall be 35 feet. On a corner lot the side yard setback shall be 50 feet on State Road 50 or U.S. Highway 27 and 35 feet on the side adjacent to any other street. (3) Rear yard. The minimum rear yard setback is 35 feet, except where a rear yard abuts State Road 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (4) Building to building. Building -to -build- ing setbacks shall be established during the site plan review process in accordance with applicable regulations. (5) Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a landscaped buffer strip along the abutting property line in accordance with the land development code. Increased landscaping, decorative wall or other treatments may be required by the site review committee. (6) Other setbacks. All yard setbacks for principal buildings shall be a minimum of 35 feet from the established high- water mark. No construction encroach- ment may occur in any designated 100- year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official. (Code 2008, § 122-274; Ord. No. 2010-09-C, § 2, 8-24-2010) Secs. 125-432-125-460. Reserved. DIVISION 15. PR PARKS AND RECREATION DISTRICT Sec. 125-461. Intent. The purpose of a PR Parks and Recreation District is to designate and ensure that publicly owned areas of the city are preserved for park, open space, and recreational purposes for the benefit of the residents and the overall environ- ment. (Code 2008, § 122-280; Ord. No. 368-C, § 2, 9-22-2009) �J CD125:44 ZONING § 125-482 0 • Sec. 125-462. Permitted uses. Permitted uses in the PR district are as follows: (1) Publicly owned recreational facilities that may include both active and passive facili- ties. (2) Conservation and wetland floodplain areas. (Code 2008, § 122-281; Ord. No. 368-C, § 2, 9-22-2009) Sec. 125-463. Site improvement regula- tions. All development on city property that are erected within this district shall be approved by the city council following a public hearing after receiving recommendations from the site review committee. (Code 2008, § 122-282; Ord. No. 368-C, § 2, 9-22-2009) Sec. 125-464. Wellness Way Community Design Guidelines and Standards. The intent and purpose of the Wellness Way Community Design Guidelines and Standards document dated June 28, 2022, and as amended; are to provide a regulatory framework for deci- sion makers to implement the guiding principles of the adopted Wellness Way Goal, Objectives and Policies in the City's Comprehensive Plan. All development within the Wellness Way Develop- ment District Framework Map, Figure 2. 1, in the City's Future Land Use Element; shall be subject to these guidelines and standards to produce development that achieves the following: (1) A high quality built environment; (2) Significant regional employment centers; (3) Regional infrastructure constructed with, not after, the impacts of development; (4) A robust multi -modal mobility system; and (5) Protection of key regional natural and ecological systems (Ord. No. 2022-019, § 2(122-295), 6-28-2022) Secs. 125-465-125-481. Reserved. ARTICLE IV. PLANNED UNIT DEVELOPMENTS CREATED THROUGH THE PLANNED UNIT DEVELOPMENT ZONING DESIGNATION Sec. 125-482. Purpose and intent of article. (a) Within zoning districts now existing or which may hereafter be created, it is intended to permit as a conditional use through the planned unit development zoning district, on application and on approval of site, use and building plans, creation of new planned unit developments (PUD) for flexible comprehensive development purposes where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units. Suitability of such tracts for the plans and development proposed for the planned unit development shall be determined by the city council upon reference to the comprehensive plan, future land use map, future land use district designations, applicable development plans which have been adopted, and the existing and prospective character of the surrounding development. (b) The purpose of this article is to encourage the accomplishment of a more complete living environment through the application of enlightened and imaginative approaches to com- munity planning and shelter design. This alterna- tive should introduce a variety of architectural solutions, provide for the preservation of natural features and scenic areas, reduce land consump- tion by roads, separate vehicular and pedestrian circulation systems, originate approaches to a meaningful integration of open space networks and recreation areas within the development, establish neighborhood identity and focus, and ideally provide for the compatible coexistence of man with the environment. In view of the substantial public advantages of planned unit developments, it is the intent of this article to promote and encourage development in this form where appropriate in location and character to the surrounding development. (Code 1998, § 122-311; Code 2008, § 122-311; Ord. No. 281-C, § 1(ch. 6, art. II, § 1), 11-8-1994; Ord. No. 2015-75, § 2, 10-27-2015) CD125:45 § 125-483 CLERMONT CODE Sec. 125-483. Definitions. conditions or modifications as may be attached to the special regula- The following words, terms and phrases, when tions. used in this article, shall have the meanings b. Provide agreements, covenants, ascribed to them in this section, except where contracts, deed restrictions, improve- the context clearly indicates a different meaning: ments or sureties acceptable to the Planned unit development means an area with city council for completion of the a specified minimum contiguous acreage, as undertaking in accordance with the formally approved final master land specified by this land development code, to be use plan, as well as for the continu- planned, developed, operated and maintained as ing operation and maintenance of a single entity containing a system of structures such areas, functions, facilities and and uses planned as an integral unit of develop- improvements as are not to be ment having appurtenant common areas, open provided, operated and maintained spaces, yards, building setbacks, and buffer strips, at general public expense. approved in accordance with the provisions of this land development code. C. Bind all development successors in (Code 1998, § 122-312; Code 2008, § 122-312; title to any commitments made under Ord. No. 281-C, § 1(ch. 6, art. II, § 1), 11-8-1994; subsections (2)a and b of this sec - Ord. No. 2015-75, § 2, 10-27-2015) tion. (3) Development approval. Formal approval Sec. 125-484. General requirements. of all planned unit developments shall be granted according to comprehensive and The following general requirements and special detailed plans satisfactory to the city regulations shall apply to all planned unit develop- council. Such approval shall be contingent ments: upon specific evaluation of project concept, (1) Minimum area. No site shall qualify for a uses, density or intensity, location, and planned unit development unless the recreation and open space areas. Items development consists of a contiguous area required for such analysis and approval of at least one acre or more, except in the may include, but are not limited to: downtown mixed use future land use a. Plans detailing streets, utilities, lot category, which has no minimum area. or building sites, setbacks, impervi- ous surface ratio, landscaping and (2) Unified control. All land included for the like for the overall project; and purposes of development within a planned site plans, floor plans and eleva- unit development shall be owned or under tions for all buildings as intended to control of the petitioner for such zoning be located, constructed or used, as designation, whether that petitioner is related to each other, and detailed an individual, partnership or corpora- for other uses and improvements on tion. The petitioner shall present firm the land as related to the buildings evidence of the unified control of the and structures. entire area within the proposed planned b. A program for provision, operation unit development and shall state agree- ment that, if the petitioner proceeds with and maintenance of such areas, the proposed development, petitioner improvements, facilities and services shall: as will be for common use by some or all of the occupants of the planned a. Do so in accord with the officially unit development, but will not be approved final master land use plan provided, operated or maintained at of the development, and such other general public expense. • • CD125:46 ZONING § 125-486 C. Pertinent research studies, analysis unit development are its location or calculations that satisfactorily with respect to local streets, collec- identify infrastructure impacts and for streets, minor arterials or major indicate means for concurrency with arterials, and other transportation warranted improvements. facilities, including frontage or (Code 1998, § 122-313; Code 2008, § 122-313; reverse frontage roads, or the Ord. No. 281-C, § 1(ch. 6, art. II, § 2(A)), creation thereof, so as to provide 11-8-1994; Ord. No. 2015-75, § 2, 10-27-2015; direct access to such areas, thereby Ord. No. 2018-01, § 2, 1-23-2018) minimizing the creation or genera- tion of traffic along local and collec- Sec. 125-485. Location. for streets in residential (a) A planned unit development may be neighborhoods or other areas outside established in existing zoning districts, or over a the planned unit development. combined area of several zoning districts, or in b. Relation to public utilities, facilities such districts as may be determined by the city and services. The criteria to be council pursuant to a planned unit development considered are the location of the application, where tracts suitable in location and planned unit development in rela- character for the uses and structures proposed tion to sanitary sewers, potable water are to be planned and developed as a planned lines, stormwater and surface drain - unit development, according to the requirements age water systems, and other utili- and procedures set forth in this article. In ties, systems and installations, or considering a planned unit development, among such information as will allow the the criteria to be used shall be the location and determination as to whether the nature of the planned unit development with extension or enlargement of such respect to intended functions and the pattern of systems in manner, form, character, development existing or proposed in the general location, degree, scale or timing may plan or other officially adopted plans, and to result in higher net public cost or public and private facilities and services existing earlier incursion of public cost than or clearly to be available by the time develop- would development in forms gener- ment reaches the stage where they will be ally permitted under existing zoning required. for the area. Such planned unit (b) The location of the planned unit develop- development districts shall be so ment shall be designated on the zoning map by located with respect to necessary the designation "PUD" with the specific ordinance public facilities as to have access to number called out. such facilities in the same degree as (Code 1998, § 122-314; Code 2008, § 122-314; would development permitted under Ord. No. 281-C, § 1(ch. 6, art. II, § 2(B)), existing zoning, and shall be so 11-8-1994; Ord. No. 2015-75, § 2, 10-27-2015) located, designed and scaled that access for public services is Sec. 125-486. Review criteria. equivalent to, and the net costs for In reaching recommendations and decisions such services is not greater than, on the granting of approval for a planned unit r public services for development access and net costs foas permit - development, the following standards shall be ted under existing zoning. A further used: criterion is the applicant's agree- (1) Location. ment to: a. Relation to major transportation facilities. The criteria to be 1. Provide adequate and appropri- ate facilities, utilities or services considered for location of a planned approved by the city council to CD 125:47 § 125-486 CLERMONT CODE meet the needs arising out of the planned unit development, and ensure their satisfactory continuing operation permanently or until appropri- ate public utilities, facilities or services are available and used; or 2. Make provisions acceptable to the city council if required for offsetting any added net cost or early commitment of public funds made necessary by such development. Expenses involved in making such determinations as may be required in establishing this information shall be paid by the applicant. Final determina- tion of these matters shall be made by the city council. C. Physical character of site and rela- tion to surrounding property. 1. The site shall be suitable for development in the manner as approved under the Florida Building Code, and the applicable state, county and city laws. 2. The natural topography, soils, natural vegetation and surface water should be preserved and utilized through the careful location and design of circula- tion ways, buildings and structures, parking areas, recreation areas, open space and drainage facilities. 3. Buildings and recreation areas should be situated to take full advantage of natural air flow, sun angle and scenic vistas. regulation may be permitted which is already permitted in the existing zoning districts or planned unit development districts as may be determined by the city council pursuant to a planned unit development application, in which such planned unit development is located. The arrangement and location of the permit- ted principal and accessory uses may not be subject to the existing zoning regula- tions but shall be subject to the approval of the city council. Deviations from the permitted principal and accessory uses, density, intensity, setbacks, impervious surface ratio, open space, living area per family, and other regulations may be granted upon approval of the planned unit development application by the city council. Criteria to be considered by the city council for approval of deviations as described in this subsection may include, but are not limited to: a. Private renewal and redevelopment that creates a better urban environ- ment through the assembly of land; b. Providing of public useable open space through the provision of plazas, parks and walkways; C. Clearance of obsolete, blighted or undesirable buildings and uses; d. Dedication of waterfront protection and enhancement of views for the public, especially lakefront and riverfront areas; e. Preservation of historic structures and areas; f. Provision of parks or other landscap- ing which will enhance the environ- ment; and g. Other public benefits. (Code 1998, § 122-315; Code 2008, § 122-315; Ord. No. 281-C, § 1(ch. 6, art. II, § 2(C)), 11-8-1994; Ord. No. 2015-75, § 2, 10-27-2015) (2) Uses, density, open space, living area per Sec. 125-487. Procedure for review and family and other regulations. Within a planned unit development, any principal approval. and accessory use, density, intensity, (a) Preapplication procedure required. setbacks, impervious surface ratio, open (1) Before any preliminary work is prepared, space, living area per family and other the developer should become familiar CD 125:48 • is ZONING § 125-487 with the regulations and requirements including, but not limited to, streets, for a planned unit development in order alleys, easements, utility lines, existing to avoid ponderous expenditures of time, land use, general topography and physi- effort and money, only to find that cal features. unnecessary costly changes are required (3) Site development plans. The applicant by the city council to make the plans shall submit site development plans conform to existing requirements. containing: (2) The preapplication conference is designed a. The title of the project and names of to afford the developer an opportunity to the professional project planner and avail the developer of the advice and the developer. assistance of the appropriate city officials regarding the proposed project before b. Scale, date and north arrow formal application. No statement or C. Location and arrangement of all representation made prior to the official existing and proposed structures and review shall be binding on the planning buildings. and zoning commission or the city council. (3) The developer should prepare or have d. Proposed traffic circulation pattern within the development. prepared a conceptual sketch plan show - ing the boundaries of the property to be e. Areas to be developed for parking. developed, and physical information f. The points of ingress and egress. should also be readily available. The sketch plan need not be at any particular g• The relationship of abutting land scale or drawn on any special material or uses and zoning districts. meet any other specifications. However, h. Proposed phases, lots and blocks, if the drawing should reasonably represent any. the property and reasonably indicate the intended use of the property. i. Locations of different uses proposed by dwelling types, recreational facili- (b) Application for planned unit development. ties, open space, commercial or An applicant applying for a planned unit develop- industrial uses, other permitted uses ment shall submit an application for a planned and off-street parking. unit development in accordance with the provi- j. A statement of anticipated sions of chapter 101, article III, division 3. The residential density or other com- application shall be filed in the office of the mercial or industrial intensity of planning manager on or before the date uses, including, when applicable, the established for such submission as adopted by proposed total gross floor area and resolution of the city council. The application the percentages of the development shall be accompanied by the following docu- to be occupied by structures or build- ments and information: ings including square footage and (1) Evidence of unified control. The applicant floor area ratio. shall submit the evidence of unified control k. St. Johns River Water Management of the proposed planned unit develop- District or other jurisdictional agency ment to effectuate the proposed plan, approval as to drainage, if applicable. including a statement of all the owner- ship in the tract of land and the proposed 1. Preliminary drawings of existing and development. proposed structures and landscap- (2) Survey. The applicant shall submit a survey of the tract to be developed show- (4) ing. Development schedule. When a planned ing existing features of the property, unit development is to be constructed in CD 125:49 § 125-487 CLERMONT CODE stages, a schedule of development shall be submitted with anticipated time frames. (5) Traffic survey and economic feasibility study. When it is deemed necessary: a. The planning and zoning commis- sion or the city council may require a traffic survey setting out and analyzing the effect that the planned unit development will have on the traffic system adjacent to and in the vicinity of the proposed planned unit development. b. The city council may require an economic feasibility study. (6) Provisions for maintenance of open space and recreational facilities. When a planned unit development includes common open space or recreational facilities, a state- ment describing the provisions for the care and maintenance of such open space or recreational facilities must be made. Satisfactory provisions shall be made to ensure that nonpublic areas and facili- ties for the common use of occupants of the planned unit development, but not in individual ownership of such occupants, shall be maintained in satisfactory manner without expense to the taxpay- ers of the city. This may be provided by the incorporation of an automatic member- ship home association for the purpose of continuously holding title to such non- public areas and facilities, and levying assessments against each individual owner, whether the owner's property is improved or not, for the purpose of paying the taxes and maintaining such nonpub- lic areas and facilities, which may include, but shall not be limited to, recreational areas, off-street parking areas, walkways, lighting and common landscaped areas. Such assessments shall be a lien superior to all others, including, but not limited to, mortgage liens, save and except tax liens. Other methods may be acceptable, if the method positively provides for the proper and continuous payment of taxes and maintenance without expense to the taxpayers of the city. The instrument incorporating such provisions shall be approved by the city attorney as to form and legal sufficiency before submission to the city council and shall be, upon approval of the planned unit develop- ment by the city council, recorded in the public records of the county. (7) Restrictive covenants. Copies of any restric- tive covenants that are to be recorded with respect to property included in the planned unit development shall be submit- ted. (c) Action on preliminary development plan. After receiving the application, the administra- tive official, the city manager or designated representative, shall review the development plan. During the review, the administrative official may request the applicant to confer on the planned unit development concerning any sug- gested changes in the original proposal and additional information necessary to make essential findings. In the course of the conferences, any agreements or disagreements between the administrative official and the applicant shall be recorded in writing and shall become part of the record. (d) Platting requirements. If it is determined by the city council that the lands encompassed by the planned unit development must be plat- ted or re -platted, this must be done in accordance with the procedures and regulations set forth by the codes and ordinances of the city. (e) Recommendation by administrative official. The administrative official shall either recom- mend approval of the application as submitted, approval with modifications, or disapproval of the proposal, and shall set forth the reasons for the recommendation. (f) Hearing and recommendation by planning and zoning commission. The planning and zoning commission shall, within 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 planned unit development. Within 30 days after the last • l� u CD125:50 ZONING § 125-487 0 public hearing on such plan, the planning and zoning commission shall prepare and transmit to the city council specific findings of fact, together with its recommendations. The planning and zoning commission may recommend approval of the planned unit development as proposed, approval conditional on stated modifications, or disapproval. (g) Action by city council. (1) • (2) • Granting or denial. The city council shall, within 30 days after receiving the plan- ning and zoning commission's report, hold a public hearing on the application. Such public hearing shall consider all aspects of the planning and zoning com- mission's findings, and of the proposed planned unit development. The city council shall either grant the applica- tion, with or without modifications, or deny such application. If the planned unit development is granted, the area of land involved shall be designated as a planned unit development by ordinance, and such ordinance shall include any condition or restriction that may be imposed by the city council. Performance bond. A performance bond may be required by the city council to ensure that necessary improvements are completed according to approved develop- ment permits and development orders, to ensure that no ecological damage is done to surrounding properties or waters, and to ensure the restoration of the subject land to a state that would permit no ecological damage if the project should fail or be abandoned or work stopped for any reason for a period of more than six months, and the bond 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 condi- tions prevailing at the time of the issu- ance of the planned unit development. The bond shall terminate at a time after phase or stage completion or final comple- tion as determined by the city council. The bond may be a surety bond, a cash bond, or an unencumbered certificate of deposit, bank savings account or govern- ment security assigned to the city for the purpose of these requirements. (h) Effect of approval. The master land use plan as approved, together with the conditions and restrictions imposed, shall constitute the planned unit development zoning on the land, and no development permit or development order shall be issued except in conformity with all provisions of the grant of planned unit develop- ment. The terms of the grant of the planned unit development shall be binding on the applicant and any successors in interest during any time period specified as a safeguard in the granting of the planned unit development. (i) Expiration of approval. If development actions required by the granting of the planned unit development are not taken within any time limits set in the planned unit development, the planning and zoning commission shall review the circumstances and recommend to the city council that: (1) Revised time limits be set, and the recom- mendation shall include proposals for appropriate action in respect to any legal instruments involved in the case; or (2) The planned unit development be canceled. 0) Development permits. Development (build- ing) permits shall be obtained for each and every structure erected, and construction and opera- tion of the proposed use shall comply at all times with the regulations of the city and other governmental agencies. Prior to the issuance of any development permits, complete building plans shall be submitted to the city for approval. The plans shall be in substantial conformity with plans approved by the planning and zoning commission and city council. Separate facilities deemed possible sources of pollutants shall have received approval from appropriate federal, state, county and city departments or agencies prior to construction. (Code 1998, § 122-316; Code 2008, § 122-316; Ord. No. 281-C, § 1(ch. 6, art. II, § 2(D)), 11-8-1994; Ord. No. 291-C, § V, 2-23-1999; Ord. No. 2015-75, § 2, 10-27-2015) CD125:51 § 125-488 CLERMONT CODE Sec. 125-488. Amendments to development plan. Changes in plans approved as part of the planned unit development under this article may be permitted upon application by the petitioner or successors in title or interest, but only upon a finding that any such changes are in accord with all regulations in effect when the change is requested and the general intent and purpose of the comprehensive plan in effect at the time of the proposed change. Application for approval of such amendment shall be filed and acted upon in the same manner as prescribed in this article for original application for approval of planned unit development projects. (Code 1998, § 122-317; Code 2008, § 122-317; Ord. No. 281-C, § 1(ch. 6, art. II, § 2(E)), 11-8-1994; Ord. No. 2015-75, § 2, 10-27-2015) Sec. 125-489. Conflicting provisions. After public hearings and upon the findings by the planning and zoning commission and the city council that the grant of a planned unit development in the particular case serves a greater public purpose as to design of the particular plan and its relationship to the sur- rounding area, it is intended that, where there are conflicts between the requirements of this article and other provisions of this land develop- ment code, the provisions of this article shall apply. (Code 1998, § 122-318; Code 2008, § 122-318; Ord. No. 281-C, § 1(ch. 6, art. II, § 2(F)), 11-8-1994; Ord. No. 2015-75, § 2, 10-27-2015) Sec. 125-490. Application fees. Fees for planned unit development application shall be established by resolution of the city council and on file in the city clerk's office. (Code 1998, § 122-319; Code 2008, § 122-319; Ord. No. 281-C, § 1(ch. 6, art. II, § 2(G)), 11-8-1994; Ord. No. 2015-75, § 2, 10-27-2015) Secs. 125-491-125-518. Reserved. ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 125-519. Accessory uses and structures. (a) Generally. Specific accessory uses and structures shall comply with the regulations in this section. (b) Principal use required. Accessory uses and structures shall: (1) Be customarily incidental to the principal use established on the same lot; (2) Be subordinate to and serve such principal use; (3) Be subordinate in area, extent and purpose to such principal use; and (4) Contribute to the comfort, convenience or necessity of users of such principal use. No accessory structure or use shall be permitted on any lot without an established principal use on the same lot within the applicable zoning district. (c) Additional regulations; prohibited uses and structures. (1) Signs, fences, walls, parking and loading areas, and other such features which are typically located within required yard areas shall comply with the applicable provisions of this land development code for such uses and structures. (2) Any specific accessory use or structure which is not addressed within this chapter shall not be located on any lot. (d) Maximum size. Unless otherwise described in this chapter, the minimum permitted size for any structure shall be as outlined in article III of this chapter. (e) Conformance with district regulations. No land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered • • CD125:52 ZONING except in conformity with the regulations speci- fied in this chapter for the district in which it is located. (f) Storage units in residential areas. Storage units or structures are designed for the temporary storage of goods, merchandise, household items or products, appliances, furniture or similar items. (1) Permit required. Whether designed to be portable or permanent, storage units shall not be placed upon property within the city without first obtaining a zoning clear- ance and a building permit if one is required for installation as determined by the most current Florida Building Code. (2) Restrictions. Temporary storage units cannot exceed ten feet in height as measured from the ground to the top of the structure. Temporary storage units are restricted to residential side yards, rear yards and driveways. Storage units shall not be placed on any public sidewalk or road right-of-way. Temporary storage units shall not apply to utility trailers which must be in compliance with sec- tion 22-4. (3) Duration. Temporary storage units shall be limited to no longer than 15 days to one property owner, with a maximum of two per calendar year. Multifamily residential shall be limited to five days for each unit for moving in and moving out, with management/owner permis- sion. (Code 1998, § 122-341; Code 2008, § 122-341; Ord. No. 281-C, § 1(ch. 16, art. I, § 1), 11-8-1994; Ord. No. 2011-03-C, § 2, 7-12-2011) Sec. 125-520. Special setbacks. (a) This section provides for specific accessory structures and architectural appurtenances and features to be located within required building setback areas. Recorded easements and required landscaped buffers shall supersede the minimum dimensions permitted by this section. is (b) Special setbacks are as follows: § 125-521 Structure or Building Feature Special Setback Air conditioner pads Equal to required side yard setback from rear property line Antennas, private noncom- Front yard, not allowed; side mercial (i.e., dish antennas) yard, 7.5 feet; rear yard, 25 feet Awnings, eaves, belt courses, May project into the required chimneys, buttresses, yard setback no more than 36 cornices and sills inches Canopies, commercial (i.e., 30-foot setback from all service stations) property lines Driveways Must maintain at least a five- foot setback from a side lot line for landscaping and may be located in the rear yard no closer to the rear lot line than the required side yard setback. One shared driveway may be used with site plan approval Garages and storage build- May be located behind the ings greater than 150 front building line and shall square feet and greater than nine feet in height be subject to the setbacks required for all other structures Patios, unroofed and May be located in the rear unenclosed yard no closer than the required side yard setback Porches or terraces, open, May project into a required unroofed and unenclosed front yard for a distance of ten feet Retaining walls and decora- Exempt from yard require- tive walls ments Screen enclosures with May be located in the rear screen material roofs yard no closer to the rear property line than the required side yard setback Sidewalks, unroofed May be located in the rear yard no closer than the required side yard setback Swimming pools, above Must be located behind the ground, and their decks front building line and shall be subject to the setbacks required for all other structures Swimming pools, in -ground, Must be located behind the and their decks front building line and shall be no closer to any property line than the required side yard setback Utility building, single, less 30 inches from side and rear than 150 square feet and property lines less than mne feet tall (must be located in the rear yard) Yard ornaments Exempt from yard require- ments (Code 1998, § 122-342; Code 2008, § 122-342; Ord. No. 281-C, § 1(ch. 16, art. I, § 2), 11-8-1994; Ord. No. 2010-05-C, § 2, 3-23-2010) Sec. 125-521. Fences and walls. (a) Generally. All fences and walls shall be constructed in compliance with the Florida Build- ing Code and in accordance with the dimensional and use regulations in this section. CD125:53 § 125-521 (b) Prohibited fences and walls. CLERMONT CODE (1) Slatting of plastic or other material cannot be inserted into chain link fencing. No barbed wire, razor wire or similar mate- rial shall be allowed in residential or commercial districts. (2) No building permit shall be issued for any fence or wall when it is determined by the planning and development services department that such fence or wall would obstruct visibility, would impede fire or police protection, or would seriously inhibit the free flow of light and air. (c) Height. (1) For residential uses, no fence, wall, or retaining wall shall exceed four feet in height from the front building line to the front lot line or exceed six feet in height from the front building line to the rear property line. For corner lots, also known as double -frontage lots, no fence, wall or retaining wall shall exceed four feet in height in front of the front setback line of the established district. Corner lots shall be allowed up to six -foot -high fences to the property line on the secondary street side, provided there is no obstruction of visibility for adjacent driveways or intersections. Decorative columns and pillars may extend up to one foot above the maximum fence or wall height. (2) Fences and walls in business, com- mercial and industrial districts shall be no higher than six feet. Industrial districts may also be allowed up to 24 inches of barbed wire for security. (3) Subdivision entry features and any appurtenances shall not exceed ten feet in height without approval of the city council. (d) Obstruction of vision at intersections. No walls or fences shall be permitted on local road corner lots within 30 feet of intersecting street rights -of -way and lots on collector and arterial roads within 50 feet of intersecting street rights - of -way if such a fence will obstruct traffic vis- ibility. (e) Design and maintenance. (1) All fences shall be maintained in their original upright condition. (2) Fences and walls designed for painting or similar surface finishes shall be maintained in their original condition as designed. (3) Missing boards, pickets or posts shall be replaced in a timely manner with mate- rial of the same type and quality. (4) Fences or walls having a side with exposed or irregular structural components and a more finished, uniform and aesthetically attractive side shall be constructed so that the more finished, uniform and aesthetically attractive side faces outward from the fenced property toward the adjoining property. (5) The following materials shall be accept- able for the construction of fences and walls: a. Rot- and termite -resistive wood. b. Wood which has been chemically pressure -treated to resist rot and termites. C. Noncorrosive metal or galvanized wire fabric of 11 gauge mounted on steel posts. d. Ornamental iron, concrete or masonry. (6) Walls shall have a finished top or cap block. (7) All walls visible from the public right-of- way and adjoining properties shall be designed to incorporate an architectural finish such as stucco, split face block, brick, stone, or other material designed to disguise concrete block, or poured concrete construction. (8) Single walls and tiered wall systems must provide a minimum of five feet for landscaping in front of the wall. The five-foot landscape area shall not exceed ten percent grade. is l� u CD 125:54 ZONING § 125-522 0 • Carer Lot (double front) Up b Wd ®chdog the W&KI hg. ; mayhaveama6'frme i STREET I Rear Nate_ SUeetsde i r[Ht e>�act (� 4' woe ■� die � meet-SidrLaeQtdbui) B got sea** (MM 4' f m �nl m * e Get sel4alc) STREET (sight -of vay) &W seewk Side and rea lot tines may lame mp to it 6' fimce, np to the front setback (mdzding daubk frumt hulding setback lime). Lot setbacks for each agpbmbk zommg &sWd should be utdizvd- Figure 125-521. Fence Heights for Corner Lots (Not to Scale) (f) Exemption for temporary construction fenc- ing. Temporary construction fencing is exempted from the requirements of this section but must obtain a temporary structure permit. (Code 1998, § 122-343; Code 2008, § 122-343; Ord. No. 281-C, § 1(ch. 16, art. I, § 3), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 340-C, § I, 4-27-2004; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-11, § 2, 7-23-2013) Sec. 125-522. General development condi- tions. (a) Building permit required. It shall be unlaw- ful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move, add to, repair or modify in any way any existing structures, except by authority of permit issued by the building inspector or planning and development services department of the city acting as administrative officer of the regula- tions contained in this land development code. CD 125:55 § 125-522 CLERMONT CODE The words "planning and development services department," as used in this land development code, shall also mean the planning official or the designated representative thereof. All develop- ment, as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity. (b) Public access to lots. No building shall be erected on a lot which does not have unrestricted access to an open public street accepted by the city. (c) Number of principal buildings. Only one principal residential building, except as provided by this land development code for two-family, multifamily buildings and planned unit develop- ments, may hereafter be erected on any lot. (d) Lot requirements. No parcel, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of the ordinance from which this land development code is derived, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirements of this land development code are not maintained. This subsection shall not apply when a portion of a lot is acquired for public purpose. Flag -shaped lots are prohibited. (e) 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 extend more than 36 inches into minimum yard requirements. (4) Properties located within the CBD central business district may have roof projec- tions (eaves) over the public right-of-way. Such roof projections shall not be less than eight feet above ground and shall not extend more than eight feet over the public right-of-way, or two feet back from the curb, whichever is less. Nothing in this policy shall be construed to allow roof projections over public streets, alleys or parking areas which would inhibit the free flow of traffic. (5) No part of a yard, other open space, or off-street parking or loading space required for any building shall be included as a part of the yard or off-street parking or loading space required for another building for the purpose of complying with the provisions of this land develop- ment code. (f) Height limits. Unless otherwise described in this chapter, the maximum permitted height for any structure shall be as outlined in article III of this chapter. The height limitations of this land development code also apply to church spires, belfries, cupolas and domes, whether intended or not intended for human occupancy, as well as to monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials, unless otherwise approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. (g) Access to utility easements. No person shall enclose or fence any utility easement unless the person has provided adequate access thereto for the purpose of constructing, repairing and maintaining such utilities therein or thereon located, such access to be provided in such a way that no such fence will have to be cut or any wall removed. No dedicated right-of-way shall be fenced. (h) Unsightly occupancies. Unsightly occupan- cies, such as, but not limited to, junkyards, repair yards and outdoor storage, shall be entirely surrounded by a substantial continuous masonry fence or similarly permanent construction approved by the planning and development services department. Such fence or wall shall be constructed and maintained at a height of six feet to screen the unsightly occupancy. It shall be of similar composition, construction and color throughout and shall be constructed without openings except for entrances and exits, such entrances and exits to be equipped with unpierced • • CD 125:56 ZONING § 125-523 0 • 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 planning and development services department, which shall determine whether the proposed fence will meet the requirements of this section. No building permit shall be issued for the construc- tion of such fence or wall until the approval of the planning and development services depart- ment has been secured. Such fence or wall shall be maintained in good order and shall not be allowed to deteriorate. (i) Property maintenance. It is the duty and obligation of the owner and occupant of all real property in the city to help preserve and protect the public health and general welfare of all residents and their property by keeping their respective lots, parcels or tracts of land, adjacent sidewalks and parkways free from all filth, trash, weeds, dirt, leaves, grass and rubbish and to keep down by mowing, cutting or removal such vegetation and detrital materials. (1) Any contiguous unimproved parcel of land greater than one acre is exempt from mowing under the following condi- tions: a. A buffer of 30 feet shall be required to be maintained from any improved right-of-way. All grass or weeds within that buffer will be maintained below 18 inches. b. Abutting unimproved parcels will not be required to have a buffer between them. (2) Parcels of land used exclusively for tree farming or other agricultural purposes shall be required to maintain a 30-foot buffer from an adjacent improved road right-of-way and a ten -foot buffer from adjacent property lines. All grass and weeds within this buffer must be maintained below 18 inches at all times. (3) The requirement to mow parcels with extreme topographic conditions that make mowing extremely difficult or impossible may be waived at the discretion of the administrative official or designee. (Code 1998, § 122-344; Code 2008, § 122-344; Ord. No. 281-C, § 1(ch. 16, art. I, § 4), 11-8-1994; Ord. No. 2014-25, § 2, 9-23-2014) Sec. 125-523. Mobile home parks. Mobile home parks may be located in zones allowing them as a conditional use, provided that a master park plan is prepared showing the location of each mobile home lot. The master park plan, as a minimum, shall meet the follow- ing standards: (1) Such mobile home park shall have its entrances on a major street. (2) At least 4,000 square feet of lot area shall be provided for each mobile home location. (3) For each mobile home location there shall be off-street parking space provided for one automobile. Parking spaces for visi- tors or recreational vehicles must also be provided. (4) Interior streets within such mobile home park shall have a paved width of no less than 20 feet, exclusive of any parking space provided along such interior street. (5) There shall be a minimum building setback of 50 feet from SR 50 or Highway 27, and 25 feet from other publicly dedicated streets. (6) Minimum setbacks from lot lines for each mobile home shall be as follows: front yards, ten feet; side and rear yards, 7Y2 feet. (7) There shall be a buffer strip along the rear and side property lines of such mobile home park except where such property lines are common to street rights - of -way. (8) All plans shall be reviewed and approved by the planning and zoning commission and the city council. (Code 1998, § 122-345; Code 2008, § 122-345; Ord. No. 281-C, § 1(ch. 16, art. I, § 5), 11-8-1994) CD125:57 § 125-524 CLERMONT CODE Sec. 125-524. Zero lot line development. Zero lot line development may, as a conditional use, be located in zones allowing multifamily development. The following standards, as a minimum, should be met: (1) Lot size. Minimum lot size shall be 5,000 square feet. (2) Lot width. Minimum lot width shall be 50 feet. (3) Setbacks. a. The minimum front yard setback shall be 25 feet. b. The minimum rear yard setback shall be 20 feet. C. The minimum side yard setbacks shall be zero and 15 feet. d. The setback from adjoining unrelated developments shall be nine feet. ment shall extend a minimum of six feet perpendicular to the zero lot line dwell- ing unit, and shall also extend at least ten feet beyond the dwelling unit along the lot line. Eaves, sills and other architectural projections may extend over the required easement. (bode 1998, § 122-346; Code 2008, § 122-346; Ord. No. 281-C, § 1(ch. 16, art. I, § 6), 11-8-1994) Sec. 125-525. Bed and breakfast inns. Bed and breakfast inns shall meet the require- ments of the zoning district in which they are located and shall meet the following criteria: (1) e. Setbacks from all street rights -of - way shall be 25 feet, except, on lots (2) where a rear year abuts another rear yard,12 feet on the side adjacent to the street right-of-way shall be required. f. All yard setbacks shall be a minimum of 25 feet from the established high- water mark. (4) Parking. Two off-street spaces are required. (5) Living area. Minimum living area shall be 1,000 square feet, exclusive of garages, carports and screened areas. (6) Model homes. Home designs or models shall be approved as a part of the conditional use permit. (7) Doors prohibited on zero lot line. No doors shall be constructed along the zero lot line. Conditional locations. Bed and breakfast inns shall be allowed as a conditional use in the light commercial C-1 district, residential/professional districts R-3 and R-3-A, the central business district CBD, commercial C-2 and industrial M-1 districts. Ownerlresident manager. As a condition of approval, bed and breakfast inns may be required to be designed where the principal structure or accessory structure is occupied by the owner or resident manager. (3) Exterior modifications. The exterior appearance of an existing residential structure shall not be altered from its single-family residential appearance. Modifications required providing acces- sibility in accordance with the state acces- sibility code; federal ADA regulations, state hospitality code, building and life safety codes may be required. (4) (8) Maintenance easements. A maintenance and access easement shall be placed on the lot abutting any zero lot line yard to permit access for maintenance, construc- (5) tion, drainage and other purposes for the benefit of the zero lot line lot. The ease - Kitchen facilities. Kitchen facilities shall be approved by the appropriate local, county and state departments and shall be limited to one central kitchen to serve overnight guests and residents only. Cook- ing facilities shall not be permitted in the guest rooms. Food shall not be provided to non -guests. Signs. One non -internally illuminated sign shall be permitted for the principal structure. The sign shall not exceed 20 • • • CD125:58 (6) (7) (8) (9) ZONING § 125-526 square feet in sign area, six feet in height, and shall be located at the main entrance. A building permit is required. Exterior lighting. All exterior lighting shall be consistent with the style and architecture of the principal structure and shall be so designed, installed and operated so as not to adversely affect adjacent properties. Parking requirements. One space per guest room must be provided. Parking spaces shall conform to the minimum dimen- sions of the code but are not required to meet other design standards. Site plan. A site plan shall be required at the time of conditional use permit applica- tion submittal. Additional conditions. Other conditions that may be deemed necessary by the planning and zoning commission and the city council to protect the character of the neighborhood may be imposed. (10) Bed and breakfast inns or boardinghouses. Bed and breakfast inns or boardinghouses permitted as a conditional use (CUP) prior to the adoption of this amendment shall be deemed as a conforming use, subject to those conditions imposed by the city council at the time of approval of the conditional use permit. (Code 1998, § 122-356; Code 2008, § 122-356; Ord. No. 333-C, § 5, 3-23-2004) Sec. 125-526. Sidewalk cafes. (a) Necessity and intent. (1) (2) u There is a need for regulations and standards for the existence and opera- tion of sidewalk cafes to facilitate and ensure a safe environment in these areas. The establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote the general health, safety and welfare of the residents of the city. (b) Sidewalk cafe authorized. Restaurant opera- tors, eating and/or drinking establishments located within the CBD Central Business District are allowed to operate a sidewalk cafe that conforms to the requirements of this section and other applicable provisions of this code, and are hereby made exempt from the prohibition of conducting business within a public right-of-way of this Code. (c) Definitions. The followings words, terms, and phrases, when used in this section, shall have meaning ascribed to them in this subsec- tion, except where the context clearly indicates a different meaning: Permittee means the recipient of a sidewalk cafe permit under the terms and provisions of this section. Sidewalk cafe means seating located on a sidewalk or pedestrian mall which is associated with an adjacent eating and/or drinking establish- ments where food or beverages are delivered for consumption on the premises. It is characterized by movable tables and chairs and may be shaded by umbrellas. Sidewalk cafes shall be permitted only as an accessory use to a licensed restaurant or food/drinking establishment. (d) Permit and application requirements. (1) It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of-way within the city without obtaining a permit as required by this article. Sidewalk cafes shall only be located where permitted by the city's land development code. No person shall establish a sidewalk cafe on a public sidewalk unless such person has obtained a valid permit to operate that sidewalk cafe pursuant to this Code. (2) The chief of police or designee shall have the right to remove, after 24 hours' notice, any tables, chairs and other objects on public property which are used in connec- tion with a sidewalk cafe which do not have a permit and shall have the right to immediately remove any tables, chairs or CD 125:59 § 125-526 CLERMONT CODE other objects on public property which impede pedestrian traffic or pose a threat to the public health, safety or welfare. (3) A permit for a sidewalk cafe shall be issued only to the operator of a valid food and/or drink license and operating restaurant who wishes to provide move- able tables and chairs on the sidewalk or pedestrian mall adjacent to the restaurant. (4) Application forms for permits to operate a sidewalk cafe are provided by the development services department. (5) A scaled drawing of the cafe area shall be required with each sidewalk cafe permit application with measurements outlin- ing the location, boundary, tables, chairs, barriers, stanchions, host or hostess sta- tions, and other features. (6) A copy of a valid business tax receipt to operate a food and/or drinking establish- ment in front of which the proposed sidewalk cafe will be located. The number of chairs or seats to be utilized for the sidewalk cafe must be included in the number of seats authorized by the license. (7) A copy of the state alcoholic beverage license and state approved site plan identifying the extension of this permit to the sidewalk where the cafe seating will operate as required by this Code. (e) Fees. Fees may be required as adopted by resolution of the city council. (f) Standards and criteria. (1) Sidewalk cafes shall be located in such a manner that a minimum width of four feet is maintained at all times as an unobstructed pedestrian path. (2) Sidewalk cafes are restricted to the usable sidewalk area and adjacent outdoor seat- ing area of the licensed establishment to which the permit is issued or within the usable sidewalk area of the building where the validly licensed restaurant is located. (3) All tables, chairs, umbrellas, heaters, signs or other personal or business property will not be permitted within four feet of a pedestrian crosswalk or handicap corner curb cut. (4) The sidewalk cafe demonstrates that the cafe's seating will not obstruct vehicle passengers from exiting their cars with the placement of their curbside tables. (5) All furniture shall be stored inside the establishment whenever the business is closed. (g) Special restrictions. (1) Sidewalk cafes shall be required to keep the sidewalk and close proximity free of trash and debris as a result of the sidewalk cafe. (2) Sidewalk cafe operations may be required to cease immediately at the sole discre- tion of the city. (3) The sidewalk cafe permit is a license to temporarily use the city's sidewalks within the city's rights -of -way. It is not intended and shall not be constructed as an inter- est in the real property. (4) For the purpose of public safety, at any time after obtaining a sidewalk cafe permit, the permittee may be limited to use of non -breakable beverage contain- ers after the police department receives complaints or there are observations for the need to amend the sidewalk cafe permit to impose the non -breakable bever- age provision. (5) The permit covers the public sidewalk and right-of-way adjacent to the establish- ment. Tables and chairs on private property will be governed by other applicable regulations. No additional outdoor seating authorized pursuant to this Code shall be used for calculating seating requirements pertaining to applications for or issuance of an alcoholic beverage license for any establishment; nor shall the outdoor seating be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from such requirements under the provisions of any • • CD125:60 ZONING § 125-526 0 • • city ordinance or state law. However, additional outdoor seating authorized pursuant to this Code shall be included in determining required plumbing or (4) accessibility fixtures or other fire and building code requirements. (6) Approval of a sidewalk cafe permit shall be conditioned upon obtaining the neces- sary state alcoholic beverage license and meeting all state alcoholic beverage requirements. The approved site plan by the state for the state alcoholic beverage license to allow service outside of the establishment must conform to the proposed site plan for the cafe seating and must be submitted with the applica- tion for a sidewalk cafe permit. All tables and chairs must not exceed the boundar- ies of the state alcoholic beverage plan and the sidewalk cafe plan. (h) Alcohol service. Sidewalk cafes are hereby made exempt from the prohibition on the sales and consumption of alcoholic beverages outside of a licensed building as provided by this Code. (i) Liability and indemnification. (1) Prior to the issuance of a permit, the applicant shall furnish a signed state- ment indemnifying the city, its officers and employees for any damages to property or injury to persons which may be occasioned by any activity carried under the terms of the permit. (2) A permittee shall pay, and by its acceptance of a permit specifically agrees to pay, any and all damages or penalties which the city may be legally required to pay as a result of the permittee's opera- tion or maintenance of a sidewalk cafe under this part, whether or not the acts or omissions complained of are authorized, allowed or prohibited by the city. (3) A permittee shall also pay all expenses incurred by the city in defending itself with regard to any and all damages and penalties mentioned in subsection (i)(1) of this section. These expenses shall include all out-of-pocket expenses, includ- ing a reasonable attorney's fee and the reasonable value of services rendered by any employee of the city. The permittee shall maintain, throughout the term of the permit, liability insur- ance insuring the city and the permittee with regard to all damages mentioned in subsection (i)(1) of this section caused by the grantee or its agents, in the minimum amounts of: a. Workers' and unemployment compensation insurance as provided by the laws of this state. b. $200,000.00 for property damage, bodily injury, or death payable to any one person and $1,000,000.00 for property damage, bodily injury or death when totaled with all other claims or judgments arising out of the same incident or occurrence. C. The insurance policies obtained by a permittee in compliance with this section shall be issued by a company or companies acceptable to the city and a current certificate or certificates of insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the city during the term of the permit. The policies shall name the city as an additional insured and shall contain a provi- sion that written notice of cancella- tion or reduction in coverage of the policy shall be delivered by registered mail to the city at least 30 days in advance of the effective date thereof. d. An applicant for a permit shall be required to submit evidence of liability insurance. (j) Revocation or suspension; emergencies. (1) The approval of a sidewalk cafe permit is conditional at all times. A sidewalk cafe permit may be revoked or suspended if it is found that: a. Any necessary business or health permit has been suspended, revoked or canceled. CD125:61 § 125-526 CLERMONT CODE b. The permittee does not have insur- ance which is correct and effective in the minimum amounts described in this section. C. The permittee exceeds the approved number of seats by placing additional tables, chairs, et cetera, in or beyond the approved area. d. The permittee has failed to correct violations of this code or conditions of this permit within 24 hours of receipt of the director's notice of such violations delivered in writing to the permittee. (2) If the permittee fails to remove any tables, chairs and other objects related to sidewalk cafe within 48 hours of receipt of the chief of police or designee final notice of revocation or suspension, the chief of police or designee shall have the right to remove such objects. (3) If a permittee is found in violation of the codes and given a written citation on three occasions in a single year as identi- fied as the beginning date of the permit issuance, the sidewalk cafe permit shall be suspended for a period of time or revoked as determined by the chief of police or designee, effective immediately upon receipt of a third violation. In addition, if the chief of police or designee believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, the chief of police or designee shall serve the permittee by certified mail or hand delivery at the permittee's business address as disclosed in the application for the permit or at the permitted premises, a written administrative complaint which affords reasonable notice of facts or conduct which warrant the intended action. The permittee shall be given adequate opportunity to request an administrative hearing before the code enforcement board unless the chief of police or designee finds that an emergency condition exists involving serious danger to public health, safety or welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the permittee shall immediately be advised of the chief of police or designee's action and afforded a prompt post -suspension or revocation hearing in accordance with the procedures set forth in this Code. Appeals of applications or cafe seating plans rejected by the city may be heard by the planning and zoning commission for either upholding the decision of the chief of police, further revising and approv- ing the plan or approving the submitted plan. (Code 2008, § 122-357; Ord. No. 2015-01, § 2, 1-13-2015) Sec. 125-527. Workforce housing density bonus. (a) It is the intent of the city to provide an opportunity for greater availability of workforce housing inventory through a density bonus and to set -aside floating units as defined in subsec- tion (e) of this section. The purpose is to encour- age workforce housing opportunities where they may not otherwise be accessible by the private marketplace. (b) Sites for workforce housing shall be located in close proximity to a collector roadway or higher and provide access to the following facili- ties, services and/or activity centers through an interconnected system of sidewalks, bicycle paths/ lanes, transit stops and other amenities: Employ- ment centers; shopping centers that include stores offering household goods and services needed on a frequent and recurring basis; and public parks, recreation areas, and/or open space. (c) A density bonus may be granted only when the applicant presents clear and convincing evidence that the proposed design, density, intensity and mix of uses will result in superior development that is compatible with the sur- rounding neighborhoods and achieves the criteria for approval provided in this section. The maximum allowable density bonus may not be permitted for some projects. CD125:62 ZONING § 125-527 0 (d) Any density bonus shall require city council (e) Criteria for workforce housing density bonus approval. in consideration of projects. • • Criteria City of Clermont Density Bonus Criteria The current Code of Ordinances allows for up to 12 dwelling units per acre the density bonus for workforce housing would be any density greater than 12 dwelling units per acre outside the Central Business District: (1) Hooks Street Corridor: Projects may qualify for a maximum density with bonus units up to 20 dwelling units per acre provided the project meet the criteria for approval. The developer must set aside thirty percent (30%) of the overall units for workforce housing. The units must include a mixture of different unit sizes and types. (2) Wellness Way Area (excluding properties on Hartwood Marsh Road): Projects may qualify for a maximum with bonus of 25 dwelling units per acre provided the project meet the criteria for approval. The developer must set aside 30 percent of the overall units for workforce housing. The units must include a mixture of different unit sizes and types. Definitions of Workforce Units and The term "workforce housing' means monthly housing costs that shall Floating Units not exceed 30 percent of the total household income as defined by HUD. The term "floating units" means those units that are rented to tenants that meet the AMI requirements and can be located anywhere within the project. Qualifying units may not be permanently designated for AMI qualifying tenants. **Target Household Income Levels The workforce housing units shall be designated for the 80 to 120 percent of the area median income (AMI), based upon household size. **To be determined on a yearly basis by the area median income (AMI) for the city as defined each year by the U.S. Department of Housing and Urban Development (HUD). Household income limits are calculated in relation to the area median income (AMI) with adjustments for family size and housing coat -to -income relationship as shown in subsection (f) of this section for the Orlando -Kissimmee -Sanford, FL MSA. Length of Affordability Perpetuity. The number of units required for the initial qualification for the density bonus must be maintained in perpetuity for the life of the project. Quality of Units Floating units must be of the same quality and design and should not appear different. Residents must have the access to the same amenities as all other residents of the project. Management of Units: A management agreement is required between the applicant and the city, a community land trust or mutually agreeable instrument to the applicant and city. This agreement must address marketing, applicant screening, the process for establishing rental rates, monitoring, Fair Housing compliance, determination of income qualifications, and other elements as determined by the city manager or designee. This agree- ment must be recorded and obligate all successors and assigns. Household Income and levels of Afford- The U.S. Department of Housing and Urban Development (HUD) ability defines and calculates different levels of AMI for geographic areas by household sizes. Below is an illustration of how HUD has designed the levels of affordability for the target household and income levels above. (f) Translating incomes into workforce hous- ing cost based upon 2019 AMI, which is updated annually. Household Size Moderate Income (80% of AMI) Max Income (120% of AMI) One -Person $38,850.00 $58,275.00 Two -Person $44,400.00 $66,600.00 Three -Person $49,950.00 $74,925.00 Four -Person $55,500.00 $83,250.00 CD125:63 § 125-527 CLERMONT CODE Household Size Moderate Income (80% of AMI) Max Income (120% of AMI) Five -Person $59,950.00 $89,925.00 Six -Person $64,400.00 $96,600.00 Seven -Person $68,850.00 $103,275.00 Eight -Person $73,300.00 $109,950.00 (g) Workforce rents for housing units vary by the number of bedrooms in the housing unit. This is because the income limits vary by the household size, and the number of bedrooms affects how many people a unit can comfortably house. (h) The table below is the actual rates based upon the 2019 AMI for maximum rents considered workforce, based on the maximum income allowed for the household size, income limits and hous- ing unit size or bedrooms allowed to provide comfortable and safe housing. Each household will require income and workforce rent certifica- tion based on their actual income and household size. Annual verification of leased units as part of the density bonus is required from the date originally certified and must be certified by the city manager or designee. These rates will change annually based upon the HUD income limits. Number of Bedrooms Workforce Rent at 80% of "I (Moderate) 1 $971.00 2 $,1249.00 3 $1,499.00 4 $1,610.00 (i) An administrative review is required to ensure that the proposed project and its intended occupants meet the standards and income require- ments for workforce housing. All developers are required to schedule a preapplication meeting and complete an application for density bonus with the planning and development services department. 0) Annual verification of leased units as part of the density bonus is required annually to be submitted to planning and development services department no later than February 15. (k) The applicant must enter into a manage- ment agreement with the city, a community land trust, or other instrument mutually agreeable to the city and the applicant, to administer the workforce set -aside units. This agreement must address marketing, applicant screening, the process for establishing rental rates, monitoring, Fair Housing requirements, and other elements as determined by the city manager or designee. (1) Projects may not pay a contribution in lieu of providing workforce units on -site to attain a density bonus. (m) Example of number of total units, workforce units and market rate: Acres 15 Base density (@12) 180 Bonus density 8 units/acre 120 Total units 300 Workforce Market rate 90 210 (Code 2008, § 122-358; Ord. No. 2018-30, § 2, 10-9-2018;Ord. No. 2020-19, § 2, 6-23-2020) Sec. 125-528. Accessory dwelling units. (a) Accessory dwelling unit (ADU) shall mean a self-contained dwelling unit with its own dedicated entrance, cooking accommodations, and complete bathing facilities separate from the primary residential unit. (b) An ADU may be attached to or detached from the primary residence and must remain under the same ownership as the primary dwell- ing unit. (c) The property owner must live on -site, either in the primary residential unit or the ADU. (d) The ADU may be permitted in the follow- ing residential zoning districts: R-1-A, R-1, R-2, R-3, R-3-A or PUD. (e) The ADU may be permitted in the Central Business District on a lot that currently has an existing single-family residence and is recognized as a lot of record. (f) The ADU living space shall be a minimum of 350 square feet up to a maximum of 800 square feet. (g) The ADU structure must be constructed in a similar architectural style, appearance and material as the primary single-family structure. l� u • �I J CD125:64 ZONING § 125-529 (h) Mobile homes, recreational vehicles, travel been issued. The city manager or designee may trailers, shed, Conex boxes or shipping contain- issue an open air sales permit using the follow- ers shall not be permitted as ADUs. ing criteria: (i) ADU setbacks: (1) Number and duration of permits. Two nonconsecutive permits per calendar year (1) Front: ADU shall be placed behind the may be issued for a maximum of 30 primary residential unit front building consecutive days. line. (2) Application for permit. A written request must be submitted setting forth the name (2) Side: ADU shall be placed equal to the and address of the applicant, the location required side yard setback of the zoning of the proposed operation, a description district of the lot. of the proposed operation, the number of days for which the permit is desired and (3) Rear detached: Detached ADU shall be the property owner's permission, if placed equal to the side yard setback applicable. from the rear property line or established utility easement, whichever is greater. (3) Sign. One two-sided sign, a maximum of eight square feet in size, shall be allowed (4) Rear attached: Attached ADU connected and shall be set back a minimum of ten to the primary residential unit shall be feet from all property lines. the same as the primary residential unit. (4) Exceptions. 0) Only one ADU may be permitted per lot a. Open storage for the sale of and one parking space shall be provided for the automobiles, farming implements, ADU on the lot. trailers, boats and gasoline is exempt from this section. (k) A primary single-family dwelling unit must b. Open air sales permits for greater exist on the lot prior to the construction of a than 30 days or up to two detached ADU. The ADU shall not be considered nonconsecutive times per year may as part of the dwelling unit count for zoning be issued in the central business purposes. district and for shopping centers in C-1 Light Commercial Districts and (1) Deed restrictions and covenants may C-2 General Commercial Districts if prohibit ADUs and it is the responsibility of the the open air sales are directly related property owner to have verified any restrictions. to the established business on the subject site. (m) The ADU must comply with minimum C. Single use/lot businesses located on housing standards for habitation and meet the State Road 50 between East Avenue minimum building and fire safety codes for and Linton Court that have existing independent residential dwelling unit. open air sales that have existed for (Code 2008, § 122-365;Ord. No. 2020-20, § 2, more than five years prior to the 6-23-2020) adoption of this section shall be considered nonconforming and may Sec. 125-529. Open air sales. continue such open air sales unless or until required parking is inhibited (a) Generally; issuance of permit by city or access to the site becomes limited manager or designee. All retail or wholesale sales must be located within a completely enclosed or the open air sales use of the property is abandoned, as provided building, unless an open air sales permit has by code. CD 125:65 § 125-529 CLERMONT CODE (b) Permits for period greater than 30 days. (1) Open air sales permits in C-1 light com- mercial districts and C-2 general com- mercial districts for a period greater than 30 days or up to two nonconsecutive times per year may be approved by the city manager or designee upon a showing that such use shall not be detrimental to the health, safety or general welfare of persons residing or working in the vicin- ity. (2) Such permit may be granted upon a showing by the permittee that the activ- ity shall be confined to a specific parcel of property not otherwise utilized; that the activity shall be a minimum of 100 feet from State Road 50; and that no other open air sales permit has been granted by the city council within one mile, except for open air sales permits in conjunction with an established retail establishment. (3) Signs for open air sales are limited to one two-sided sign of a maximum of eight square feet per side. (Code 1998, § 122-347; Code 2008, § 122-347; Ord. No. 281-C, § 1(ch. 16, art. I, § 7(A), (B)), 11-8-1994; Ord. No. 285-C, § I, 3-12-1996; Ord. No. 2010-05-C, § 2, 3-23-2010) Sec. 125-530. Temporary structures. (a) Permit required, issuance; restrictions. All temporary structures, including tents or canopies, shall be required to obtain a temporary structure permit prior to erection or placement of the structure. The following restrictions shall apply: (1) One permit per calendar year for a maximum of ten days may be issued through the office of the city manager or designee. Multi -unit developments shall only be allowed one permit per year for the development, not one per unit. Christmas tree sales. Such permit may include a maximum of two signs or ban- ners for advertising placed on the site in accordance with the land development code. Maximum sign size shall be 32 square feet. (4) The temporary structure and signage must be removed upon expiration or revocation of the permit. (b) Exemptions. Funeral tents and camping tents are exempt from the frequency require- ment but shall not remain up for more than three days. (c) Revocation of permit. Temporary structure permits may be revoked if it is determined that such action would be in the best interest of the general public. (d) Existing temporary structures. Existing temporary structures as of the date of the adop- tion of the ordinance from which this land development code is derived shall be given a maximum of 180 days for removal. (Code 1998, § 122-348; Code 2008, § 122-348; Ord. No. 281-C, § 1(ch. 16, art. I, § 7(C)), 11-8-1994; Ord. No. 2010-05-C, § 2, 3-23-2010) Sec. 125-531. Home occupations. (a) Intent. The purpose of this section is to accomplish the following: (1) Permit residents of the city a broad choice in the use of their homes as a place of livelihood and for the production or supplementing of personal and family income. (2) Protect residential areas from adverse impacts of activities associated with home occupations. (3) Establish criteria and development standards for home occupations conducted in residential uses. (2) More than one permit per year or permits (b) Permitted home occupations. Permitted for more than ten days must be requested home occupations are as follows: of the city council and shall be considered (1) Office uses such as professional and busi- during a public hearing. ness office activities that do not involve (3) One permit per calendar year for a clients, customers or employees visiting maximum of 30 days may be issued for the premises (telephone use only). CD125:66 • • ZONING § 125-531 (2) Off -site sales of customary hobby crafts loud, disturbing and unnecessary sound, produced at hobbyist volumes in the electrical interference, vibration, odor or home by family members. effect which can be heard, felt or otherwise (3) Off -site provision of services to other sensed upon adjoining property or other homeowners that does not involve the public right-of-way shall be allowed. use of tools or machinery in size or (3) No commodities shall be advertised, stored numbers beyond that customarily found or kept outside, or sold on the premises. in a residence. (4) No signs or structures shall be allowed (c) Prohibited home occupations. The follow- other than those normally permitted in ing are prohibited: the zone. (1) Motor vehicle and boat repair; (5) The use shall not generate pedestrian or vehicular traffic beyond that normal to (2) Beauty shops and barbershops; the zone in which it is located. (3) Childcare centers or nursery schools; (6) No outdoor storage of materials, supplies (4) Amplified musical instrument instruc- or commercial vehicles visible from the tion; public street or adjacent property shall be allowed in connection with the home (5) Dance and nonamplified musical instru- occupation beyond that normal to the ment instruction, except private tutoring residential character of the zone. of no more than one student per session; (7) The use of the dwelling unit for a home (6) Photography studios; occupation shall be clearly incidental and (7) Retail and wholesale sales; subordinate to its use for residential purposes by its occupants, and not more (8) Painting or detailing of vehicles, trailers than 25 percent of the floor area of the or boats; dwelling unit shall be used in the opera- (9) Upholstering; tion of the home occupation. The appear- ance of the structure shall not be altered, (10) Welding; nor shall the conduct of the occupation (11) Taxidermy; within the structure be such that the structure may be reasonably recognized (12) Dentists' and doctors' offices; as serving a nonresidential use. (13) Lawyers' offices; (8) No home occupation shall cause an (14) Kennels and pet grooming shops; increase in the use of any one or more public utilities, water, sewer and garbage (15) Any use found by the city manager to not collection, so that the combined total use comply with the general nature, intent for dwelling and home occupation and requirements of this section and purposes exceeds the customary average other provisions of the land development for similar type residences within the code. city. (d) Restrictions. Home occupations are permit- (9) A local business tax receipt granted for a ted accessory uses in all residential zones, subject home occupation shall not be transferred, to the following restrictions: assigned or used by any person other (1) No persons other than members of the than the one for which the receipt is family residing on the premises shall be granted. (Code 1998, § 122-349; Code 2008, § 122-349; engaged in the home occupation. (2) No use of material or mechanical equip- Ord. No. 281-C, § 1(ch. 16, art. I, § 8), 11-8-1994; Ord. No. 349-C, § 2, 1-10-2006; Ord. No. 2014- ment which creates any unreasonably 24, § 2, 9-23-2014) CD125:67 § 125-532 Secs. 125-532-125-555. Reserved. CLERMONT CODE DIVISION 2. MODEL HOMES AND MODEL HOME SALES CENTERS Sec. 125-556. Requirements of model homes and model home sales centers in residential districts or mixed use planned unit developments. Model homes and model home sales centers may be permitted in residential zoning districts, or as a part of a residential or mixed use planned unit development, subject to the following require- ments: (1) Model home means a single residential, duplex, townhome or condominium structure built to code for eventual residential use, not occupied as a dwell- ing unit, but open to the public for inspec- tion, and used solely for demonstration and selling of residential dwellings being constructed in the same subdivision. (2) Model home sales center means two or more adjacent residential, duplex, town - home or condominium structures not occupied as dwelling units, open to the public for inspection and used solely for demonstration and selling of residential dwellings in the subdivision. (3) Use. Model homes and model home sales centers shall be restricted primarily to the sale and marketing of the residential structures within the particular subdivi- sion or project that the models are located. (Code 1998, § 122-350; Code 2008, § 122-350; Ord. No. 296-C, § 2, 5-23-2000) Sec. 125-557. General requirements. (a) Dwellings constructed within a residential subdivision under active development may be used as display models during active develop- ment of the subdivision. Use of such dwellings as display models shall be temporary and shall be permitted only while dwellings of the same type and style are being constructed within the subdivi- sion. (b) Model homes shall only be permitted for newly constructed structures which have not been previously occupied as a residence. (c) No model home may be used for living purposes either temporarily or permanently, until after the model home use has ended. (d) Model homes shall be used for the sole purpose of public inspection and marketing. No other commercial or residential activities shall be permitted. (e) Model homes and model home centers shall incorporate the principles of xeriscaping into the landscape. Approved xeriscape plant material suitable for use in landscaping for model homes and model home centers is included in the approved tree and shrub list in sections 123-47 and 123-48. A sign no larger than 24 inches by 18 inches declaring that the landscape is an example of a xeriscape project shall be prominently displayed. (Code 1998, § 122-351; Code 2008, § 122-351; Ord. No. 296-C, § 2, 5-23-2000; Ord. No. 310-C, § II, 7-24-2001) Sec. 125-558. Issuance of building permits, number, certificates of occupancy and temporary use permits. (a) Building permits. Building permits may be issued after the following: (1) Approval of the preliminary plat and approval of the construction plans for the development; and (2) Approval of a conceptual site plan for the model home or model home center by the site review committee. The conceptual site plan shall be of the appropriate scale and detail to adequately describe and define vehicular and pedestrian traffic safety measures, parking, signage and landscaping requirements. Additional requirements, restrictions and condi- tions may be imposed by the site review committee to address site specific or project concerns and to ensure buffering of adjacent properties used or zoned for residential use. �J J is CD125:68 ZONING § 125-560 0 • • (b) Number. (1) The maximum number of building permits for model homes that may be issued prior to recording of the final plat shall be: Number ?f Approved DwellingUnits Number of Model Home Units 1 to 50 3 units 51 to 100 4 units 101 to 200 5 units 201 and over 6 units (2) For purposes of this section, the number of approved dwelling units shall mean the number of dwelling units approved on the plat within a particular phase of a project, not the total number of dwelling units approved within the overall develop- ment. (3) For purposes of this section, the number of townhome and condominium units that may be constructed prior to final plat shall be limited to the number of units within one structure. (c) Certificate of occupancy. A certificate of occupancy shall not be issued for a model home until: (1) All improvements for the development have been installed and approved by the city; or, when approved by the site review committee, a performance bond has been posted in conformance with section 125- 561; and (2) The final plat has been recorded with the clerk of the court. (3) No model home may be sold until the plat has been recorded with the clerk of the court and the model home temporary use permit is terminated. (d) Temporary use permit. A permit, authoriz- ing the use of the home as models, shall be issued only in conjunction with an approved site plan for a model home or a model home center. A temporary use permit shall be issued initially for a period of three years and may be renewed annually thereafter. In considering renewal of such temporary use permit, the city manager or designee, shall determine that the permit holder is operating in compliance with the city's land development regulations and this Code, and evaluate the impact of the model home on the surrounding developing neighborhood. If the city manager or designee, determines that the model home units are creating an undesirable impact on the neighborhood, the temporary permit may not be renewed. (Code 1998, § 122-352; Code 2008, § 122-352; Ord. No. 296-C, § 2, 5-23-2000) Sec. 125-559. Parking. (a) At a minimum, the parking area for a single model home may be provided within the standard driveway constructed to serve the residential unit. Should the developer wish to not install a driveway or block the driveway, parking shall be required on an adjacent parcel, with a minimum of four off-street parking spaces to be provided. (b) At a minimum, a model home sales center shall provide four off-street parking spaces for the first model home and two additional spaces for each adjacent model. Additional spaces may be required, if the site review committee determines that based on the scope of the project, the minimum parking requirements would be inadequate. (c) The site review committee may approve permeable parking areas. The site review com- mittee shall consider the site characteristics of the parking area, including, but not limited to, the elevation, slope, drainage, soil type and adjacent surface conditions in determining whether the parking area should be of pervious or impervious materials. (Code 1998, § 122-353; Code 2008, § 122-353; Ord. No. 296-C, § 2, 5-23-2000) Sec. 125-560. Model home and model home center signage. (a) Model home and model home center signs shall conform to the following requirements: (1) A model home center, consisting of two or more model homes, shall be eligible for identification signs according to the fol- lowing requirements: a. One sign may be permitted per model home center and shall be located on the property included within the model home center. CD125:69 § 125-560 CLERMONT CODE b. Signs shall not exceed 32 square feet. C. Signs shall not exceed eight feet in height. d. Signs shall be setback from all property lines a minimum of five feet. e. Illumination of the sign shall be allowed; however, back lit signs shall be prohibited. (2) In addition to the signs set for in subsec- tion (a)(1) of this section, each model home shall be eligible for identification signs according to the following require- ments: a. One sign may be permitted per model home. b. The permitted sign shall be located on the same lot as the model home. C. Signs shall not exceed six square feet in total area. d. Signs shall not exceed four feet in height. e. Signs shall be setback from all property lines a minimum of five feet. f. Signs shall not be illuminated. (b) Ground directional signs that guide and direct traffic to the model homes may be permit- ted within the subdivision, provided the signs do not exceed four square feet in area and four feet in height. Only one ground directional sign will be permitted on any one street, regardless of the length of the street. Ground directional signs shall not be placed within street rights -of -way. (c) Where a parking area is provided on an adjacent lot to a model home or a model home center, one ground directional sign may be located at the entrance to the parking area, provided the sign does not exceed four square feet in area and four feet in height. Said sign shall indicate nothing other than the word "Parking" and a directional arrow if desired. (d) All signs provided for in this section shall be removed when the model home or model home center use is terminated. (Code 1998, § 122-354; Code 2008, § 122-354; Ord. No. 296-C, § 2, 5-23-2000) Sec. 125-561. Bond required. (a) If approved by the site review committee, a performance bond may be accepted for items, such as, but not limited to, the following: (1) Improvements that are required on the approved construction plans for the subdivision, that are not to be installed until the models are converted to a residential use. (2) Temporary improvements that would need to be removed to convert the property back to a residential use (i.e., parking areas, signs, etc.). (3) Driveways and/or sidewalks for individual lots, required by this Code, that are not installed at the time of construction of the models. (b) The bond shall be in the amount of 100 percent of a certified construction estimate prepared by a licensed engineer or contractor and approved by the city engineer prior to the issuance of a temporary use permit for the model homes and shall be increased, if necessary, upon any renewal of the model home or model home center temporary use permit. (Code 1998, § 122-355; Code 2008, § 122-355; Ord. No. 296-C, § 2, 5-23-2000) Secs. 125-562-125-585. Reserved. DIVISION 3. SHORT-TERM VACATION RENTAL PROPERTIES Sec. 125-586. General provisions. (a) Purpose. The purpose of this division is to promote public health, safety, welfare and convenience through regulations and standards for short-term vacation rental properties by providing for: (1) A vacation rental permit; • CD125:70 ZONING § 125-587 0 • • (2) Safety and operational requirements; (3) Parking standards; (4) Solid waste handling and containment; (5) Licensure requiring posting of vacation rental information; (6) Administration, penalties and enforce- ment. (b) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Words not defined shall be given their meaning as provided in chapter 8. Habitable room means a room or enclosed floor space used or intended to be used for living or sleeping purposes, excluding kitchens, bathrooms, shower rooms, water closet compart- ments, laundries, pantries, foyers, connecting corridors, closets and storage space. Life safety violation means a violation of any code intended primarily to prevent the loss of life, injury and property damage. Occupant means any person who occupies, either during the day or overnight, a vacation rental. Responsible party means the owner or the person designated by the owner of the property to be called upon to answer for the maintenance of the property and the conduct and acts of occupants of said vacation rental property. Transient public lodging establishment means any unit, group of units, dwelling, building or group of buildings within a single complex of buildings that is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. Vacation rental means any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family or four -family house or dwelling unit that is also a transient public lodging establishment and is located in an area zoned Residential, but that is not a timeshare project. Vacation rental representative means a vaca- tion rental property owner, or authorized designee, as identified in the application for a city vacation rental permit. (Code 2008, § 122-360; Ord. No. 2019-28, § 2, 1-28-2020) Sec. 125-587. Vacation rental permit requirements. (a) Permit required. (1) A property owner operating a vacation rental shall obtain a vacation rental permit prior to advertising a property available for short-term rental. (2) The advertising or advertisement for the rental of a dwelling unit for periods of less than 30 days or one calendar month and more than three times a year is direct evidence of operating a property for rent as a vacation rental in violation of subsection (a)(1) of this section. (b) Application for vacation rental permit. (1) A property owner seeking initial issu- ance of a vacation rental permit, or the renewal or modification of a vacation rental permit, shall submit a completed vacation rental permit application, in a form promulgated by the city, together with an application fee in an amount set by resolution of the city council. (2) A complete application for the initial issuance of a vacation rental license, or for its renewal or modification, shall demonstrate compliance with the standards and requirements set forth in this division through the following submit- tals: (3) A completed vacation rental permit application form, which must identify; the property owner, the address of the vacation rental, the vacation rental representative, and the phone number of the vacation rental representative. CD125:71 § 125-587 CLERMONT CODE (4) Payment of applicable fees. (12) A section indicating whether the vaca- tion rental will have ten or fewer (5) A copy of the vacation rental's current occupants or more than ten occupants. and active license as a transient public lodging establishment with the state (13) Representation that the property is in department of business and professional compliance with all applicable codes. A regulation. vacation rental permit shall not be issued on a property with open violations. (6) A copy of the vacation rental's current (14) Incomplete applications will not be and active certificate of registration with accepted, but will be returned, with any the state department of revenue for the fees submitted to the property owner, purposes of collecting and remitting sales with a notation of what items are miss - surtaxes, transient rental taxes, and any ing. other taxes required by law to be remit- ted to the state department of revenue, if (15) Vacation rental permit applications shall applicable. be sworn to under penalty of perjury. Any false statements in an application (7) Evidence of the vacation rental's current shall be a basis for the revocation of any and active account with the county tax license issued pursuant to that applica- collector for the purposes of collecting tion. and remitting tourist development taxes (16) The owner shall comply with all applicable and any other taxes required bylaw to be city, county, state and federal laws, rules, remitted to the county tax collector, if regulations, ordinances and statues. applicable. (8) A copy of the current city and county (c) Modification of vacation rental permit An for application modification of a vacation rental local business tax receipts. license shall be required in the event that any of (9) Interior building sketch by floor. A build- the following changes to the vacation rental are ing sketch (may be hand -drawn) by floor proposed: shall be provided, showing a floor layout (1) An increase in the gross square footage; and demonstrating compliance with the (2) An increase in the number of bedrooms; standards and requirements set forth in this division. The sketch provided shall (3) An increase in the maximum occupancy; be drawn to scale, and shall show and (4) An increase in the number of parking identify all bedrooms, other rooms, spaces, or a change in the location of bathrooms, exits, hallways, stairways, parking spaces; smoke and carbon monoxide detectors, fire extinguishers and exit signage/ (5) An increase in the number of bathrooms; lighting. (6) Any other material modifications that (10) Exterior site sketch. A sketch showing would increase the intensity of use. and identifying all structures, pools, spas, (d) Duration of vacation rental permit. The hot tubs, fencing and other uses, includ- vacation rental permit shall expire each ing the number and the location of all September 30 and may be annually renewed on -site parking spaces for the vacation thereafter if the property is in compliance with rental. this division. (11) Acknowledgment that each guest room (e) Renewal of vacation rental permit. A shall be equipped with an approved, listed, single -station smoke detector meeting property owner may apply for a renewal begin - ning July 1 prior to the expiration of the annual the minimum requirements of the NFPA. license. Initial applications and renewals received CD125:72 ZONING § 125-587 after July 1 of the fiscal year shall be valid for authorized to grant or deny the request. the term expiring on September 30 of the follow- Denial by the city manager will result in ing year. Each application for renewal received the automatic suspension of the vacation after September 30 shall be assessed a late fee of rental permit. $100.00. (3) Current licensees will have six months (f) Compliance inspections of vacation rentals. from the date of issuance of a vacation (1) Except as provided in subsections (f)(2) rental license to comply with the inspec- and (3) of this section, inspection of a tion and code compliance requirements. vacation rental shall be required prior to If the licensee fails to comply with the issuance of a vacation rental license to inspection and code compliance require - verify compliance with the laws, rules ments within six months, the vacation and regulations of all regulatory authori- rental license will be automatically ties having jurisdiction, and where such suspended, unless the applicant, prior to laws, rules and regulations are applicable the expiration of the six-month period, and are known to the building official. If submits a written request for an exten- instances of noncompliance with the sion of time. An extension of time may be standards and requirements therein are based solely on a claim that the failure to found, all such instances of noncompli- comply within six months was caused ante shall be corrected, and the vacation primarily by the city, and the written rental shall be re -inspected prior to the request will detail circumstances that issuance of an initial vacation rental support such a claim. The city manager, permit. or designee, is authorized to grant or deny the request. Denial by the city (2) An applicant shall sign a sworn state- manager will result in the automatic ment, under penalty of perjury, that the suspension of the vacation rental license. applicant believes the subject property is (4) Once a vacation rental permit is issued in compliance with all city codes. Once for a vacation rental, such vacation rental an applicant signs such a sworn state- shall be properly maintained in accordance ment, a vacation rental permit will be with the standards and requirements set issued upon compliance with all require- forth in this division. In the event a ments for the issuance of a vacation rental permit other than the inspection notice of violation is issued, all violations and code compliance requirements. The shall be corrected and re -inspected within applicant will then have six months from 30 calendar days after the issuance of the the date of issuance of the vacation rental notice of violation, with the exception of license to comply with the inspection and life safety violations, which must be cor- code compliance requirements. If the rected within the earlier of three city applicant fails to comply with the inspec- working days or the start of the next tion and code compliance requirements rental period. Failure to correct such within six months, the vacation rental violations within the timeframes provided license will be automatically suspended, shall result in the suspension of the unless the applicant, prior to the expira- vacation rental license until such time tion of the six-month period, submits a that the violations are corrected, re- written request for an extension of time. inspected, and found in compliance. An extension of time may be based solely (5) In the event a vacation rental property is on a claim that the failure to comply declared a repeat nuisance, the vacation within six months was caused primarily rental license shall be suspended pend- by the city, and the written request will ing the development by the property detail circumstances that support such a owner of a written action plan outlining claim. The city manager, or designee, is the specific measures that the owner will CD 125:73 § 125-587 CLERMONT CODE take to eliminate the reoccurrence of nuisance activities at the property. The property owner shall provide the action plan to the city no later than 15 days from the date of the declaration notice of repeat nuisance property. If the city determines that the action plan is adequate to eliminate the reoccurrence of nuisance activities on the properties, the city shall establish a reasonable time period, not exceeding 45 days from the date the action plan is deemed adequate, to implement the action plan. If the property owner implements the action plan within the time frame established by the city, the declaration of a repeat nuisance will be closed, and the vacation rental license restored. If the city determines that the action plan is not adequate to eliminate the reoccurrence of nuisance activities on the property, the city may require the property owner to revise the action plan. The property owner shall submit the revised action plan to the city no later than ten days from the date the action plan is determined to be inadequate. The provision of an inadequate action plan on three consecu- tive occasions shall result in the revoca- tion of the vacation rental license. (6) The inspection shall consist of criteria established by the city manager or designee. Such criteria shall be established for the primary purpose of protecting the health, safety and welfare of vacation rental occupants. (g) Permit non -transferable, non -assignable. Vacation rental licenses are non -transferable and non -assignable. If the ownership of any vacation rental is sold or otherwise transferred, any outstanding vacation rental license as to that vacation rental shall be null and void upon the sale or transfer. (Code 2008, § 122-361; Ord. No. 2019-28, § 2, 1-28-2020) Sec. 125-588. Vacation rental representa- tive duties. Every vacation rental representative shall: (1) Be available by landline or mobile telephone answered by the vacation rental representative at the listed phone number, 24-hours a day, seven days a week, to handle any problems arising from the vacation rental. (2) Be willing and able to be physically present at the vacation rental within 60 minutes following notification from a vaca- tion rental occupant, law enforcement officer, emergency personnel, or the city for issues related to the vacation rental, and shall actually be physically present at that location in that time frame when requested. (3) Conduct an on -site inspection of the vaca- tion rental at the end of each rental period to ensure continued compliance with the requirements of this division. (4) Maintain for three years a log of all guests of the vacation rental to be avail- able for inspection upon request. (5) Conduct on -site inspections of the vaca- tion rental at the end of each rental period to ensure continued compliance with the requirements of this division. (Code 2008, § 122-362; Ord. No. 2019-28, § 2, 1-28-2020) Sec. 125-589. Standards and requirements for vacation rentals. (a) General. The standards and requirements set forth in this section shall apply to the rental, use, and occupancy of vacation rentals in the city. All dwelling units shall meet the minimum requirements of the International Property Maintenance Code in section 8-9. (b) Local phone service required. At least one landline telephone with the ability to call 911 shall be available in the main level common area in the vacation rental. (c) Parking standards. Occupants and visi- tors to the vacation rental shall comply with all relevant parking codes as found in the Code of Ordinances. All vehicles associated with the vacation rental must be parked within the subject property and may not block or obstruct any public sidewalk or pedestrian walkway. is • CD125:74 ZONING § 125-589 (d) Solid waste handling and containment. (2) The name, address and phone number of Requirements for garbage storage and collection the vacation rental representative; shall be as follows: (3) The maximum occupancy of the vacation (1) Trash storage containers shall be provided rental; maximum of four occupants per and shall be screened with a six-foot bedroom; fence or landscaping, with an opening for container removal. (4) A statement advising the occupant that any sound that crosses a property line at (2) The vacation rental shall contract with an unreasonably loud volume is unlawful the waste management provider for side- within the city; as per the city noise door pick-up service. ordinance; (3) Properties with alley garbage collection (5) The days and times of trash pickup; are exempt from subsections (d)(1) and (2) of this section. (6) The location of the nearest hospital; (4) Notice of the location of the trash storage (7) The local non -emergency police phone containers and rules for collection shall number; be posted inside the vacation rental. (8) A copy of the building evacuation map, (5) No solid waste container shall be located with a minimum size of 81/2 inches by 11 at the curb for pickup before 6:00 p.m. of inches, shall be provided to the renter the day prior to pick-up. Solid waste upon the start of each vacation rental; containers shall be removed before and midnight of the day of pick-up. (e) Maximum occupancy. (9) In each vacation rental, located in the backyard and/or pool area, there shall be (1) The maximum number of occupants posted notice that unreasonably loud noise authorized to stay overnight at any vaca- is prohibited. tion rental shall not exceed two persons per sleeping room. The number of sleep- (g) Minimum life safety requirements. ing rooms shall be confirmed during on (1) Swimming pool, spa and hot tub safety. A site life safety inspection by the city. Up swimming pool, spa or hot tub shall to four persons, under 13 years of age are comply with the then current standards exempt from and shall not count toward of the Residential Swimming Pool Safety the occupancy limits set forth in this Act, F.S. ch. 515. section. (2) The maximum number of persons allowed (2) Smoke and carbon monoxide (CO) detec- to gather at or occupy a vacation rental tion and notification system. A smoke shall not exceed 1Y2 times the maximum and carbon monoxide (CO) detection and occupants authorized to stay overnight notification system within the vacation at the site, as shown on the certificate of rental unit shall be interconnected and compliance, and in no event shall agather- hard-wired and shall receive primary ing exceed 20 persons. power from the building wiring. (f) Posting of vacation rental information. In (3) Fire extinguisher. Aportable, multipurpose each vacation rental, located on the back or next dry chemical 2A:10B:C fire extinguisher to the main entrance door, there shall be posted shall be installed, inspected and as a single page the following information: maintained in accordance with the then (1) Vacation rental certificate of compliance current NFPA 10 on each floor/level of the unit. The extinguisher shall be permit from the city; installed on the wall in an open common CD125:75 § 125-589 CLERMONT CODE area or in an enclosed space with appropri- ate markings visibly showing the loca- tion. (4) Compliance with Florida Administrative Code Rule 69A-43.018, One- and Two - Family Dwellings, Recreational Vehicles and Mobile Homes Licensed as Public Lodging Establishment. (h) Advertising. The vacation rental shall not be advertised for any commercial or nonresidential use, including use of the property primarily as a party, event or entertainment venue or social hall. Any advertising of the vacation rental unit by the owner, representative or any service shall conform to information included in the vacation rental application and shall include at a minimum, identification of the maximum occupancy permit- ted on the property. The owner or representative shall ensure that the name and contact informa- tion for any listing services on or through which the vacation rental is to be offered for rent, which was provided in the application, is updated with the city to reflect any changes to ensure that the city has a current list of all sites on which the vacation rental is listed for rent. Advertisements for the vacation rental must display the state department of business and professional regulation transient lodging license number and the city vacation rental permit number. (i) Commercial use of property prohibited. The vacation rental shall not be used for any com- mercial or nonresidential use, including use of the property primarily as a party, event or entertainment venue or social hall. (Code 2008, § 122-363; Ord. No. 2019-28, § 2, 1-28-2020) Sec. 125-590. Administration, penalties and enforcement. (a) Administration of vacation rental permit program. The ultimate responsibility for the administration of this division is vested in the city manager, or authorized designee, who is responsible for granting, denying, revoking, renew- ing, suspending and canceling vacation rental licenses for proposed and existing vacation rent- als as set forth in this division. (b) Appeals. Any decision of the city manager, or authorized designee, relating to the granting, denial, renewal, modification, suspension, or revocation of a vacation rental permit under this division shall be rendered in writing, and reviewed by the city commission if a notice by the applicant is filed with the city clerk within ten days after the action to be reviewed. The city clerk shall place the matter on the agenda of an upcoming meeting of the city commission, at which time the matter will be reviewed. The decision of the city commission shall be final but may be reviewed as permitted under state law. (c) Notice. Any notice required under this division shall be accomplished by sending a written notification by U.S. mail (certified), post- age paid, to the mailing address of the vacation rental representative set forth on documents filed with the city under this division, which shall be considered for all purposes as the correct address for service, or by personal service or delivery to the vacation rental representative. (d) Penalties and enforcement. (1) By citation. Any violation of this division may be punished by citation, as specifi- cally described in the land development codes and Code of Ordinances, including, but not limited to, the requirements of a reasonable warning prior to issuance of a citation; provided, however, the violation shall be subject to a fine in the amount of $250.00, for the first offense, $500.00 for the second and subsequent offenses, plus a suspension of the vacation rental permit, as provided hereinafter, for the third offense, (via special magistrate). (2) Other enforcement methods and penal- ties. Notwithstanding anything otherwise provided herein, violations of this divi- sion shall also be subject to all the enforce- ment methods and penalties that may be imposed for the violation of ordinances of the city as provided in the Code of Ordinances. Nothing contained herein shall prevent the city from seeking all other available remedies that may include, but not be limited to, injunctive relief, • is CD125:76 ZONING § 125-614 0 • • abatement of public nuisance, liens, fines, imprisonment, and other penalties as provided by law. (3) Suspension of permit. In addition to any fines and any other remedies described herein or provided for by law, the city manager shall suspend a vacation rental license upon a third violation of this division in any continuous 12-month period. The suspension of a vacation rental permit shall be for a period of one year, and shall begin following notice, commencing at the end of either the current vacation rental lease period, or after 30 calendar days, whichever is less. A dwelling unit may not be used as a vacation rental during any period of suspension of a vacation rental license. The suspension shall begin immediately following notice, commencing at the end of the then current vacation rental lease period. (4) Revocation of permit. a. The city manager may refuse to issue or renew a license or may revoke a vacation rental license issued under this division, if the property owner has willfully with- held or falsified any information required for a vacation rental license. b. The city manager shall revoke a vacation rental license issued under this division upon the fifth adjudica- tion of either a noise violation where the noise emanated from the vaca- tion rental; or receipt of a parking violation where the parking viola- tion occurred on the vacation rental property, or any combination thereof, within any continuous 12-month period. C. The property owner shall not be entitled to any refund of the annual fee paid for a permit for any portion of the unexpired term of a license because of revocation or suspension of the vacation rental license. d. For all purposes under this division, service of notice on the vacation rental representative shall be deemed service of notice on the property owner and occupant. e. No occupant shall occupy a vacation rental, and no advertisement for the vacation rental shall occur during any period of suspension or revoca- tion of a vacation rental's vacation rental license. (Code 2008, § 122-364; Ord. No. 2019-28, § 2, 1-28-2020) Secs. 125-591-125-613. Reserved. ARTICLE VI. SITING REGULATIONS FOR WIRELESS COMMUNICATION FACILITIES Sec. 125-614. Intent. The regulations and requirements of this article are intended to: (1) Promote the health, safety and general welfare of the citizens by regulating the siting of wireless communication facili- ties; (2) Accommodate the growing need and demand for wireless communication services; (3) Provide for the appropriate location and development of wireless communication facilities within the city; (4) Minimize adverse visual effects of wire- less communication facilities through care- ful design, siting, landscape screening and innovative camouflaging techniques; (5) Encourage the location and collocation of antennas on existing structures thereby minimizing new visual impacts and reduc- ing the need for additional antenna sup- port structures; and (6) Further the balance between the need to provide for certainty to the communica- tions industry in the placement of wire- less communication facilities and the need CD 125:77 § 125-614 CLERMONT CODE to provide certainty to the residents and citizens of the city that the aesthetic integrity of the city will be protected from the proliferation of unnecessary antenna support structures. (Code 1998, § 122-375; Code 2008, § 122-375; Ord. No. 297-C, § 1, 5-23-2000) Sec. 125-615. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory equipment building means any build- ing, cabinet or equipment enclosure constructed for the primary purpose of housing the electron- ics, backup power, power generators and other freestanding equipment associated with the opera- tion of antennas meeting the size limitation of all accessory buildings as set forth in the city's land development regulations. Antenna support structure means a facility that is constructed and designed primarily for the support of antennas, which include the fol- lowing types: Camouflaged structure means a structure designed to support antenna and designed to blend into the existing surroundings. Privately owned amateur radio and citizens band anten- nas support structures shall be exempt from this article. Guyed tower means a tower that is sup- ported in whole or in part by guy wires and ground anchors or other means of support in addition to the superstructure of the tower itself. Lattice tower means a tower that consists of vertical and horizontal supports and crossed metal braces, which is usually triangular or square in a cross section. Monopole means a tower of a single pole design. Antennas means any apparatus designed for the transmitting and/or receiving of electromagnetic waves, which includes, but is not limited to, telephonic, radio or television communications. Types of antennas include, but are not limited to, whip antennas, panel anten- nas, dish antennas. As used herein the term antenna includes all antennas integrated and used as a single unit, such as an antenna array. For purposes of this article, the following shall not be considered antennas and shall not be regulated by this article: (1) Privately owned amateur radio and citizens band antennas irrespective of height and diameter; and (2) Antennas with a total diameter or width, including all parts of the antenna arrays, of two meters or less in commercial or industrial areas, or one meter or less in all areas if mounted to greater than three feet above the roofline. Collocation means when more than one FCC licensed provider uses an antenna support structure to attach antennas. Existing structures means any lawfully constructed manmade structure, including but not limited to, antenna support structures, build- ing, utility structures, light poles, clock towers, bell towers, steeples, water towers and the like, which allow for the attachment of antennas. FAA means the Federal Aviation Administra- tion. FCC means the Federal Communications Com- missions. Provider means an FCC licensed communica- tions company. Search ring means a geographic area in which a provider's antenna is intended to be located to serve the provider's coverage area. Temporary antenna support facility means a facility that is designed and constructed to serve, on a temporary basis, as a means of supporting antennas and is used typically to provide emergency wireless communications service or to provide wireless communications service to special events. (Code 1998, § 122-376; Code 2008, § 122-376; Ord. No. 297-C, § 1, 5-23-2000) is / I1 L_J CD125:78 ZONING § 125-617 0 • Sec. 125-616. Antennas. (a) Where permitted. Antennas attached to existing structures shall be permitted in C-2, M-1 and CBD districts and on property owned and operated as public and semipublic facilities or utilities. (b) Requirements. All antenna installations shall meet the following requirements: (1) Antennas may be located on existing structures with a height of 30 feet or greater, so long as the antennas do not extend more than 15 feet above the high- est point of the existing structure, and as limited by subsection (b)(3) of this sec- tion; (2) Antennas may be located on existing structure with a height of less than 30 feet, so long as the antennas do not extend more than five feet above the highest point of the existing structure, and as limited by subsection (b)(3) of this section; (3) Antennas to be located on existing structures in public road rights -of -way may only be located in collector, arterial or limited access road rights -of -way; (4) No advertising shall be allowed on an antenna; (5) No signals, lights, or illumination shall be permitted on an antenna, unless required by any applicable federal, state or local rule, regulation or law; (6) Antennas shall comply with all applicable Federal Communications Commission emission standards; (7) Design, construction, and installation of antennas shall comply with the Florida Building Code; (8) Accessory equipment buildings used in conjunction with antennas, if located on the ground, shall comply with the minimum accessory building setback requirements of the zoning district in which they are located. (c) Approvals. All antenna and accessory build- ing installations shall require site plan approval by the city planning and development services department and city building department when applicable. (d) Nonconforming antennas. All antennas legally installed at the time of initial installa- tions may be repaired, replaced and/or relocated at an equal or lower height on the existing structure. (Code 1998, § 122-377; Code 2008, § 122-377; Ord. No. 297-C, § 1, 5-23-2000) Sec. 125-617. Antenna support structure. (a) Where permitted. Antenna support structures shall be permitted only as a conditional use following the procedures for conditional use permits as found in the city land development regulations and only in areas zoned M-1 or on sites owned and operated as public facilities by the city or other governmental unit or public utilities. (b) General requirements. (1) To minimize adverse visual impacts associ- ated with the unnecessary proliferation of antenna support structures, the loca- tion of antennas on an existing support structure shall take precedent over the construction of new antenna support structures. Therefore, as a condition of approval for all new antenna support structures, a provider shall demonstrate that it is unable to locate its antenna on suitable and available existing structures within the search ring on commercially reasonable terms. (2) All newly installed support structures shall be camouflaged. (3) Antenna support structures shall be constructed in compliance with Florida Building Code, which shall include Electronic and Technological Industry Association standards, as amended. (4) An antenna support structure may be located on a zoning lot containing other principal uses and may be located within an area smaller than the minimum lot CD125:79 § 125-617 CLERMONT CODE size of the applicable zoning district if the zoning lot within which the antenna support structure is located complies with the applicable minimum lot size for the existing principal use or is a legal nonconforming or grandfathered lot. f�5) Unless another section of this article indicates otherwise, the area within which the antenna support structure is located shall be the area subject to the require- ments of this section, rather than the entire zoning lot. (c) Height limitations. Support structures and attached antennas shall not exceed 140 feet in height. Measurement shall include base pad, structure, and any other attachments. (d) Setbacks and separation. The following setbacks and separation requirements shall apply to all support structures and antennas; provided, however, that the governing authority may reduce the standard setback and separation require- ments if the goals of this article would be better served thereby: (1) Towers must be set back at least a distance equal to two times the height of the tower from the property line on which the tower will be located if adjacent to any residential structures. (2) Guys and accessory facilities must satisfy the minimum zoning district setback requirements. Towers that are located on property that is not adjacent to resident land uses must be setback a minimum of 100 feet unless adjacent to a wetland area that is a minimum of 100 feet from other upland areas. (3) Wireless communication facilities to be located on the primary roof of a structure shall be set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the structure. This setback requirement will not apply to camouflaged facilities or those facilities screened from view by panels, walls, fences or other screening techniques approved by the city. (4) Tower shall not be located within 3,000 feet of an existing tower regulated under this article, as measured in a straight line. (e) Fencing. Security fencing may be required as determined necessary by the city's site review committee. (f) Buffering. The tower and equipment structures shall be separated from adjacent residential properties or street rights -of -way with a minimum ten feet of landscaped area consist- ing of plants and materials meeting the city's minimum landscape buffer requirements except that trees shall be spaced no greater than 30 feet. (g) Removal of abandoned antennas and towers. (1) Any antenna or tower that is not oper- ated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the city council notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the city may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (2) Prior to the issuance of a building permit, the applicant shall provide evidence that the antenna support structure is in compli- ance with FAA and Local Aviation Administration regulations. (3) No advertising shall be allowed on the antenna support structure. (4) No signals, lights, or illumination shall be permitted on the antenna support structure, unless required by any federal, state or local agency, or such lighting or illumination is part of the design of a camouflage structure. (5) The only signage that may be permanently attached to the fence or wall shall be for the purpose of identifying the party is CD 125:80 ZONING § 125-619 0 �J responsible for the operation and maintenance of the facility, its address, and telephone number, and security or safety signs with a maximum of four square feet. (6) Mobile or immobile equipment not used in direct support of the wireless facility shall not be stored or parked on the site, unless repairs to the antennas and related equipment and/or to the antenna support structure are being made. (Code 1998, § 122-378; Code 2008, § 122-378; Ord. No. 297-C, § 1, 5-23-2000) Sec. 125-618. Accessory equipment build- ing. Accessory equipment buildings used in conjunc- tion with the operation and maintenance of antennas shall be permitted subject to the fol- lowing requirements: (1) Shall not exceed 600 square feet of gross floor area per provider; (2) If ground constructed or mounted, shall not exceed 20 feet in height; (3) Shall be located within close proximity, as is reasonably possible, to the structure upon which the antennas are attached; (4) If ground constructed or mounted, shall meet the underlying zoning district setback requirements for structures; (5) Shall be designed, constructed, and installed in compliance with the Florida Building Code. If prefabricated, shall be certified by the state under all applicable state laws; and (6) Shall be of a material and/or color, which match the exterior of the existing structure, if any, where the antennas are located. (Code 1998, § 122-379; Code 2008, § 122-379; Ord. No. 297-C, § 1, 5-23-2000) Sec. 125-619. Collocation. To encourage a reduction in the number of antenna support structures that may be required to site antenna in order to meet the community's increasing demand for wireless service, antenna support structures shall be structurally designed to accommodate the collocation of antenna as follows: All antenna support structures shall be structurally designed to accommodate at least three providers. (Code 1998, § 122-380; Code 2008, § 122-380; Ord. No. 297-C, § 1, 5-23-2000) CD125:81 • • • CODE COMPARATIVE TABLE 1962 CODE TO 2008 CODE This table gives the location within the 2008 Code of sections of the 1962 Code. 1962 Code Section 1962 Code Section Section 2008 Code Section 2008 Code 1-1 1-1 5-1 14-1 1-2 1-2 5-3 14-2 1-3 1-3 5-5 14-5 1-4 1-10 5-7 14-6 1-5 1-13 5-10 14-7 1-6 1-11 5-11 14-36 1-7 1-14 5-12 14-37 1-8 1-15 5-14 14-56 2-1 2-242 5-15 14-57 2-2 2-61 5-16 14-58 2-3 2-36 5-17 14-59 2-4 2-166 5-18 14-60 2-5 2-146 5-19 14-61 2-6 2-106 5-20 14-8 2-7 2-33 5-21 14-4 2-8 2-241 5-22 14-3 2-26 2-76 6-2 22-1 2-27 2-77 6-3 22-3 2-28 2-78 6-4 22-4 2-29 2-79 6-5 22-5 2-30 2-80 6-6 22-6 2-31 2-81 6-7 22-7 2-32 2-82 6-8 22-2 2-33 2-83 7-2 26-7 2-34 2-84 7-4 26-8 2-35 2-85 7-5 26-9 2-36 2-86 7-6 26-1 2-51 2-206 7-7 26-2 2-52 2-207 7-10 26-3 — 2-208 7-11 26-4 2-53 2-207 7-13 26-5 — 2-209 7-14 26-6 2-54 2-211 10-1 50-1 2-55 2-212 10-2 50-31 2-56 2-215 10-3 50-32 2-57 2-217 10-4 50-33 — 2-218 10-4(c) 50-2 2-59 2-219 10-5(a) 50-34 — 2-220 10-5(b) 50-35 2-60 2-221 10-5(c) 50-36 2-61 2-222 10-5(d) 50-37 2-62 2-223 10-5(e) 50-38 2-63 2-189 10-6 50-39 3-3 6-1 10-7 50-40 3-4 6-2 11-3 66-4 3-5 6-3 11-6 34-63 CCT:1 CLERMONT CODE I* 1962 Code Section 1962 Code Section Section 2008 Code Section 2008 Code 11-7 34-64 14-23 42-13 11-8 34-65 14-24 42-14 11-9 34-131 14-25(a) 42-15 11-10 34-132 14-26(a) 30-31 11-11 34-134 14-26(b) 30-34 11-12 34-135 14-26(c) 30-35 11-13 34-136 14-26(d) 30-36 11-14 34-137 14-26(e) 30-37 11-15 34-138 14-26(f) 30-38 11-16 34-139 14-26(g) 30-39 11-17 34-140 14-26(h) 30-40 11-18 34-141 14-26(i) 30-33 11-19 34-142 14-26Q) 30-41 11-20 34-143 14-26(k) 30-32 11-21 34-133 16-1 46-31 11-22 34-144 16-2 46-32 11A-1 34-93 16-3 46-33 11A-2 34-91 16-4 46-34 11A-3 34-94 16-5(a) 46-101 11A-15 34-91 16-5(b) 46-102 11A-16 34-95 16-5(c) 46-103 11A-17 34-96 16-5(d) 46-104 11A-18 34-97 16-5(e) 46-105 11A-19 34-98 16-5(f) 46-106 11A-20 34-92 16-5(g) 46-106 12-11 18-51 16-5(h) 46-107 — 18-52 16-5(i) 46-108 12-11(a) 18-53 16-5Q) 46-109 12-11(b) 18-54 16-5(k) 46-110 12-11(c) 18-55 16-5(1) 46-111 12-11(d) 18-56 16-5(m) 46-112 12-12 18-1 16-5(n) 46-113 12-16 18-31 16-5(o) 46-114 14-1 42-2 16-6 46-39 14-2 42-3 16-7(a) 46-61 14-3 42-4 16-7(b) 46-62 14-4 42-5 16-7(c) 46-63 14-5 42-6 16-7(d) 46-64 14-7 42-7 16-7(e) 46-65 14-8 42-63 16-7(f) 46-66 14-10 42-41 16-7(g) 46-67 14-11 42-8 16-7(h) 46-68 14-12 34-31 16-7(i) 46-69 14-13 34-32 16-7Q) 46-70 14-14 34-33 16-7(k) 46-71 14-15 42-81 16-7(1) 46-72 14-16 42-82 16-7(m) 46-73 14-17 42-83 16-7(n) 46-74 14-18 42-9 16-7(o) 46-75 14-19 42-10 16-7(p) 46-76 14-20 42-1 16-7(q) 46-77 14-21 42-11 16-7(r) 46-78 14-22 42-12 16-7(s) 46-79 CCT:2 CODE COMPARATIVE TABLE 0 1962 Code Section 1962 Code Section Section 2008 Code Section 2008 Code 16-8 46-35 21-2 58-32 16-9 46-36 21-3 58-33 16-10 46-37 21-4 58-34 16-11 46-38 21-5 58-35 16-21 46-141 23-2 62-32 16-22 46-142 23-3 62-33 16-23 46-143 23-4 62-2 16-24 46-144 23-5 62-2 16-25 46-145 23-7 62-1 16-26 46-146 23-8 62-34 16-27 46-147 23-9 62-35 16-39 58-76 23-10 62-36 16-40 58-77 23-11 62-37 16-41 58-96 23-12 62-38 16-42 58-97 23-13 62-31 18A-32 18-76 24-1 38-1 18A-33 18-77 24-2 38-2 18A-34 18-78 24-2.1 38-3 18A-35 18-79 24-4 38-4 18A-36 18-80 24-5 38-5 18A-37 18-81 25-1 66-1 19-1 54-46 25-2(a) 66-3 — 54-47 25-4 66-5 19-2 54-48 25-5 66-6 19-3 54-49 25-6 66-11 19-4 54-50 25-7 66-12 19-12 54-66 25-8 66-13 — 54-67 25-9 66-7 19-14 54-69 25-10 66-14 19-15 54-70 25-11 66-8 19-16 54-71 25-12 66-9 19-17 54-72 25-13 66-10 19-18 54-73 25-14 66-2 19-19 54-74 25-15 66-41 19-20 54-75 25-17 66-42 19-21 54-76 25-18 66-43 19-22 54-77 25-19 66-44 19-23 54-78 25-20 66-45 19-24 54-79 25-21 66-46 19-25 54-80 25-22 66-47 19-26 54-81 25-23 66-48 19-27 54-68 25-24 66-76 19-33 14-96 25-25 66-77 19-34 14-97 25-26 66-78 19-35 14-98 25-27 66-79 19-36 14-99 25-28 66-80 19-37 14-100 25-29 66-81 19-45 54-1 25-30 66-82 19-46 54-1 25-31 66-83 19-47 54-2 25-32 66-106 19-48 54-2 25-33 66-107 19-49 54-2 25-34 66-108 21-1 58-31 25-35 66-109 CCT:3 CLERMONT CODE 1962 Code Section Section 2008 Code 25-38 66-112 25-40 66-114 C� CCT:4 • CODE COMPARATIVE TABLE 1998 CODE TO 2008 CODE This table gives the location within the 2008 Code of sections of the 1998 Code. 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 1-1 1-1 2-216 2-216 1-2 1-2 2-217 2-217 1-3 1-3 2-218 2-218 1-4 1-4 2-219 2-219 1-5 1-5 2-220 2-220 1-6 1-6 2-221 2-221 1-7 1-7 2-222 2-222 1-8 1-8 2-223 2-223 1-9 1-9 2-224 2-224 1-10 1-10 2-225 2-225 1-11 1-11 2-226 2-226 1-13 1-13 2-227 2-227 1-14 1-14 2-228 2-228 1-15 1-15 2-229 2-229 2-33 2-33 2-241 2-241 2-36 2-36 2-242 2-242 2-61 2-61 2-261 2-261 2-76 2-76 2-262 2-262 2-77 2-77 2-263 2-263 2-78 2-78 2-264 2-264 2-79 2-79 2-265 2-265 2-80 2-80 2-266 2-266 2-81 2-81 2-267 2-267 2-82 2-82 2-268 2-268 2-83 2-83 2-269 2-269 2-84 2-84 6-1 6-1 2-85 2-85 6-2 6-2 2-86 2-86 6-3 6-3 2-106 2-106 10-1 10-1 2446 2-146 10-3 10-3 2-166 2-166 10-4 10-4 2-186 2-186 10-5 10-5 2-187 2-187 10-6 10-6 2-188 2-188 10-7 10-7 2-189 2-189 10-8 10-8 2-190 2-190 10-9 10-9 2-206 2-206 10-10 10-10 2-207 2-207 10-26 10-26 2-208 2-208 10-27 10-27 2-209 2-209 10-28 10-28 2-210 2-210 10-29 10-29 2-211 2-211 10-30 10-30 2-212 2-212 10-31 10-31 2-213 2-213 10-32 10-32 2-214 2-214 10-46 10-46 2-215 2-215 10-47 10-47 CCT:5 CLERMONT CODE 0 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 10-48 10-48 22-5 22-5 10-49 10-49 22-6 22-6 10-50 10-50 22-7 22-7 10-76 10-76 26-1 26-1 10-77 10-77 26-2 26-2 10-78 10-78 26-3 26-3 10-79 10-79 26-4 26-4 10-80 10-80 26-5 26-5 10-96 10-96 26-6 26-6 10-97 10-97 26-7 26-7 10-98 10-98 26-8 26-8 10-99 10-99 26-9 26-9 14-1 14-1 26-10 26-10 14-2 14-2 30-31 30-31 14-3 14-3 30-32 30-32 14-4 14-4 30-33 30-33 14-5 14-5 30-34 30-34 14-6 14-6 30-35 30-35 14-7 14-7 30-36 30-36 14-8 14-8 30-37 30-37 14-36 14-36 30-38 30-38 14-37 14-37 30-39 30-39 14-56 14-56 30-40 30-40 14-57 14-57 30-41 30-41 14-58 14-58 34-31 34-31 14-59 14-59 34-32 34-32 14-60 14-60 34-33 34-33 14-61 14-61 34-61 34-61 14-62 14-62 34-62 34-62 14-96 14-96 34-63 34-63 14-97 14-97 34-64 34-64 14-98 14-98 34-65 34-65 14-99 14-99 34-91 34-91 14-100 14-100 34-92 34-92 18-1 18-1 34-93 34-93 18-31 18-31 34-94 34-94 18-51 18-51 34-95 34-95 18-52 18-52 34-96 34-96 18-53 18-53 34-97 34-97 18-54 18-54 34-98 34-98 18-55 18-55 34-131 34-131 18-56 18-56 34-132 34-132 18-76 18-76 34-133 34-133 18-77 18-77 34-134 34-134 18-78 18-78 34-135 34-135 18-79 18-79 34-136 34-136 18-80 18-80 34-137 34-137 18-81 18-81 34-138 34-138 18-82 18-82 34-139 34-139 22-1 22-1 34-140 34-140 22-2 22-2 34-141 34-141 22-3 22-3 34-142 34-142 22-4 22-4 34-143 34-143 is CCT:6 CODE COMPARATIVE TABLE 0 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 34-144 34-144 46-74 46-74 38-1 38-1 46-75 46-75 38-2 38-2 46-76 46-76 38-3 38-3 46-77 46-77 38-4 38-4 46-78 46-78 38-5 38-5 46-79 46-79 42-1 42-1 46-101 46-101 42-2 42-2 46-102 46-102 42-3 42-3 46-103 46-103 42-4 42-4 46-104 46-104 42-5 42-5 46-105 46-105 42-6 42-6 46-106 46-106 42-7 42-7 46-107 46-107 42-8 42-8 46-108 46-108 42-9 42-9 46-109 46-109 42-10 42-10 46-110 46-110 42-11 42-11 46-111 46-111 42-12 42-12 46-112 46-112 42-13 42-13 46-113 46-113 42-14 42-14 46-114 46-114 42-15(c) 42-15 46-141 46-141 42-16 42-16 46-142 46-142 42-41 42-41 46-143 46-143 42-61 42-61 46-144 46-144 42-62 42-62 46-145 46-145 42-63 42-63 46-146 46-146 42-64 42-64 46-147 46-147 42-65 42-65 46-171 46-171 42-81 42-81 46-172 46-172 42-82 42-82 46-173 46-173 42-83 42-83 46-174 46-174 46-31 46-31 46-175 46-175 46-32 46-32 46-176 46-176 46-33 46-33 46-177 46-177 46-34 46-34 46-178 46-178 46-35 46-35 46-179 46-179 46-36 46-36 46-180 46-180 46-37 46-37 46-201 46-201 46-38 46-38 46-202 46-202 46-39 46-39 46-203 46-203 46-61 46-61 46-204 46-204 46-62 46-62 46-205 46-205 46-63 46-63 46-206 46-206 46-64 46-64 46-207 46-207 46-65 46-65 46-208 46-208 46-66 46-66 46-209 46-209 46-67 46-67 46-210 46-210 46-68 46-68 46-211 46-211 46-69 46-69 46-212 46-212 46-70 46-70 46-213 46-213 46-71 46-71 46-214 46-214 46-72 46-72 46-215 46-215 46-73 46-73 46-216 46-216 CCT:7 CLERMONT CODE 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 46-217 46-217 46-315 46-315 46-218 46-218 46-316 46-316 46-219 46-219 46-317 46-317 46-220 46-220 46-318 46-318 46-221 46-221 46-319 46-319 46-222 46-222 46-320 46-320 46-223 46-223 46-321 46-321 46-224 46-224 46-322 46-322 46-225 46-225 46-323 46-323 46-226 46-226 50-1 50-1 46-227 46-227 50-2 50-2 46-228 46-228 50-31 50-31 46-251 46-251 50-32 50-32 46-252 46-252 50-33 50-33 46-253 46-253 50-34 50-34 46-254 46-254 50-35 50-35 46-255 46-255 50-36 50-36 46-256 46-256 50-37 50-37 46-257 46-257 50-38 50-38 46-258 46-258 50-39 50-39 46-259 46-259 50-40 50-40 46-260 46-260 54-1 54-1 46-261 46-261 54-2 54-2 46-262 46-262 54-46 54-46 46-263 46-263 54-47 54-47 46-264 46-264 54-48 54-48 46-265 46-265 54-49 54-49 46-266 46-266 54-50 54-50 46-267 46-267 54-66 54-66 46-268 46-268 54-67 54-67 46-269 46-269 54-68 54-68 46-270 46-270 54-69 54-69 46-271 46-271 54-70 54-70 46-272 46-272 54-71 54-71 46-273 46-273 54-72 54-72 46-274 46-274 54-73 54-73 46-275 46-275 54-74 54-74 46-276 46-276 54-75 54-75 46-277 46-277 54-76 54-76 46-278 46-278 54-77 54-77 46-301 46-301 54-78 54-78 46-302 46-302 54-79 54-79 46-303 46-303 54-80 54-80 46-304 46-304 54-81 54-81 46-305 46-305 58-31 58-31 46-306 46-306 58-32 58-32 46-307 46-307 58-33 58-33 46-308 46-308 58-34 58-34 46-309 46-309 58-35 58-35 46-310 46-310 58-76 58-76 46-311 46-311 58-77 58-77 46-312 46-312 58-96 58-96 46-313 46-313 58-97 58-97 • 1� u • CCT:8 CODE COMPARATIVE TABLE 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 58-116 58-116 66-77 66-77 58-117 58-117 66-78 66-78 58-118 58-118 66-79 66-79 58-119 58-119 66-80 66-80 58-120 58-120 66-81 66-81 58-121 58-121 66-82 66-82 58-122 58-122 66-83 66-83 58-123 58-123 66-106 66-106 58-124 58-124 66-107 66-107 58-125 58-125 66-108 66-108 58-127 58-127 66-109 66-109 58-128 58-128 66-110 66-110 58-129 58-129 66-111 66-111 58-130 58-130 66-112 66-112 58-131 58-131 66-113 66-113 58-151 58-151 66-114 66-114 58-152 58-152 66-115 66-115 58-153 58-153 66-141 66-141 58-154 58-154 66-142 66-142 58-155 58-155 66-143 66-143 62-1 62-1 66-144 66-144 62-2 62-2 66-145 66-145 62-31 62-31 66-146 66-146 62-32 62-32 66-147 66-147 62-33 62-33 66-148 66-148 62-34 62-34 66-161 66-161 62-35 62-35 66-162 66-162 62-36 62-36 66-163 66-163 62-37 62-37 66-164 66-164 62-38 62-38 66-165 66-165 66-1 66-1 66-166 66-166 66-2 66-2 66-167 66-167 66-3 66-3 66-201 66-201 66-4 66-4 66-202 66-202 66-5 66-5 66-203 66-203 66-6 66-6 66-204 66-204 66-7 66-7 66-216 66-216 66-8 66-8 66-217 66-217 66-9 66-9 66-218 66-218 66-10 66-10 66-219 66-219 66-11 66-11 66-220 66-220 66-12 66-12 66-221 66-221 66-13 66-13 66-236 66-236 66-14 66-14 66-237 66-237 66-41 66-41 66-238 66-238 66-42 66-42 66-239 66-239 66-43 66-43 70-31 70-31 66-44 66-44 70-32 70-32 66-45 66-45 70-33 70-33 66-46 66-46 82-1 82-1 66-47 66-47 82-2 82-2 66-48 66-48 82-3 82-3 66-76 66-76 82-4 82-4 CCT:9 CLERMONT CODE 0 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 82-5 82-5 90-2 90-2 82-6 82-6 90-3 90-3 82-7 82-7 90-4 90-4 82-8 82-8 90-5 90-5 82-9 82-9 90-6 90-6 82-10 82-10 90-7 90-7 82-11 82-11 90-8 90-8 82-12 82-12 90-9 90-9 82-13 82-13 90-10 90-10 86-51 86-51 90-11 90-11 86-52 86-52 90-16 90-16 86-71 86-71 90-17 90-17 86-72 86-72 90-18 90-18 86-73 86-73 90-19 90-19 86-111 86-111 90-20 90-20 86-112 86-112 90-21 90-21 86-113 86-113 90-22 90-22 86-114 86-114 90-23 90-23 86-115 86-115 90-24 90-24 86-116 86-116 90-25 90-25 86-117 86-117 94-31 94-31 86-118 86-118 94-32 94-32 86-119 86-119 94-33 94-33 86-120 86-120 94-34 94-34 86-141 86-141 94-35 94-35 86-142 86-142 94-36 94-36 86-143 86-143 94-37 94-37 86-144 86-144 94-61 94-61 86-145 86-145 94-62 94-62 86-146 86-146 94-63 94-63 86-147 86-147 94-64 94-64 86-148 86-148 94-65 94-65 86-149 86-149 94-66 94-66 86-171 86-171 94-67 94-67 86-172 86-172 94-68 94-68 86-173 86-173 94-69 94-69 86-174 86-174 94-81 94-81 86-175 86-175 94-82 94-82 86-176 86-176 94-83 94-83 86-177 86-177 94-84 94-84 86-221 86-221 94-85 94-85 86-222 86-222 94-101 94-101 86-223 86-223 94-102 94-102 86-224 86-224 94-103 94-103 86-225 86-225 94-131 94-131 86-226 86-226 94-132 94-132 86-251 86-251 94-133 94-133 86-252 86-252 94-134 94-134 86-281 86-281 94-135 94-135 86-282 86-282 94-136 94-136 86-283 86-283 94-137 94-137 86-284 86-284 94-138 94-138 90-1 90-1 94-139 94-139 is CCT:10 CODE COMPARATIVE TABLE 0 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 94-140 94-140 102-15 102-15 94-141 94-141 102-16 102-16 94-142 94-142 102-17 102-17 94-143 94-143 102-18 102-18 94-171 94-171 102-19 102-19 94-191 94-191 102-20 102-20 94-192 94-192 102-21 102-21 94-193 94-193 102-22 102-22 94-194 94-194 102-23 102-23 94-195 94-195 102-24 102-24 94-196 94-196 102-25 102-25 94-197 94-197 106-1 106-1 94-198 94-198 106-2 106-2 94-199 94-199 106-3 106-3 94-200 94-200 106-4 106-4 94-221 94-221 106-5 106-5 94-222 94-222 106-6 106-6 94-223 94-223 106-7 106-7 94-224 94-224 106-8 106-8 94-225 94-225 106-9 106-9 94-226 94-226 106-10 106-10 94-227 94-227 106-11 106-11 94-228 94-228 106-12 106-12 94-229 94-229 106-13 106-13 98-1 98-1 106-14 106-14 98-2 98-2 106-15 106-15 98-3 98-3 110-1 110-1 98-4 98-4 110-2 110-2 98-5 98-5 110-3 110-3 98-6 98-6 110-4 110-4 98-7 98-7 110-5 110-5 98-8 98-8 110-6 110-6 98-9 98-9 110-7 110-7 98-10 98-10 110-8 110-8 98-11 98-11 110-31 110-31 98-12 98-12 110-32 110-32 98-13 98-13 110-33 110-33 98-14 98-14 110-51 110-51 98-15 98-15 110-52 110-52 102-1 102-1 110-53 110-53 102-2 102-2 110-101 110-101 102-3 102-3 110-102 110-102 102-4 102-4 110-103 110-103 102-5 102-5 110-121 110-121 102-6 102-6 110-122 110-122 102-7 102-7 110-141 110-141 102-8 102-8 110-142 110-142 102-9 102-9 110-171 110-171 102-10 102-10 110-172 110-172 102-11 102-11 110-191 110-191 102-12 102-12 110-192 110-192 102-13 102-13 110-193 110-193 102-14 102-14 110-194 110-194 CCT:11 CLERMONT CODE 0 1998 Code Section 1998 Code Section Section 2008 Code Section 2008 Code 110-195 110-195 118-44 118-44 110-211 110-211 118-71 118-71 110-212 110-212 118-72 118-72 110-231 110-231 118-73 118-73 110-232 110-232 118-91 118-91 110-233 110-233 118-92 118-92 110-234 110-234 118-111 118-111 110-235 110-235 118-112 118-112 110-261 110-261 118-113 118-113 110-262 110-262 122-1 122-1 110-263 110-263 122-31 122-31 110-264 110-264 122-32 122-32 110-265 110-265 122-33 122-33 110-266 110-266 122-34 122-34 110-267 110-267 122-35 122-35 110-268 110-268 122-36 122-36 110-269 110-269 122-37 122-37 110-270 110-270 122-61 122-61 110-271 110-271 122-62 122-62 110-272 110-272 122-63 122-63 110-273 110-273 122-64 122-64 110-274 110-274 122-65 122-65 114-1 114-1 122-66 122-66 114-2 114-2 122-81 122-81 114-3 114-3 122-82 122-82 114-4 114-4 122-83 122-83 114-5 114-5 122-84 122-84 114-6 114-6 122-85 122-85 114-7 114-7 122-101 122-101 114-8 114-8 122-102 122-102 114-9 114-9 122-103 122-103 118-1 118-1 122-104 122-104 118-2 118-2 122-105 122-105 118-3 118-3 122-121 122-121 118-4 118-4 122-122 122-122 118-5 118-5 122-123 122-123 118-6 118-6 122-124 122-124 118-7 118-7 122-125 122-125 118-8 118-8 122-141 122-141 118-9 118-9 122-142 122-142 118-31 118-31 122-143 122-143 118-32 118-32 122-144 122-144 118-33 118-33 122-145 122-145 118-34 118-34 122-146 122-146 118-35 118-35 122-161 122-161 118-36 118-36 122-162 122-162 118-37 118-37 122-163 122-163 118-38 118-38 122-164 122-164 118-39 118-39 122-165 122-165 118-40 118-40 122-166 122-166 118-41 118-41 122-181 122-181 118-42 118-42 122-182 122-182 118-43 118-43 122-183 122-183 CCT:12 • • u 1998 Code Section 122-184 122-185 122-186 122-201 122-202 122-203 122-204 122-205 122-206 122-221 122-222 122-223 122-224 122-225 122-226 122-241 122-242 122-243 122-244 122-245 122-246 122-247 122-248 122-261 122-262 122-263 122-264 122-265 122-266 122-311 122-312 122-313 122-314 122-315 122-316 122-317 122-318 122-319 122-341 122-342 122-343 122-344 122-345 122-346 122-347 122-348 122-349 122-350 122-351 122-352 122-353 122-354 122-355 CODE COMPARATIVE TABLE Section 2008 Code 122-184 122-185 122-186 '122-201 122-202 122-203 122-204 122-205 122-206 122-221 122-222 122-223 122-224 122-225 122-226 122-241 122-242 122-243 122-244 122-245 122-246 122-247 122-248 122-261 122-262 122-263 122-264 122-265 122-266 122-311 122-312 122-313 122-314 122-315 122-316 122-317 122-318 122-319 122-341 122-342 122-343 122-344 122-345 122-346 122-347 122-348 122-349 122-350 122-351 122-352 122-353 122-354 122-355 1998 Code Section Section 2008 Code 122-356 122-356 122-375 122-375 122-376 122-376 122-377 122-377 122-378 122-378 122-379 122-379 122-380 122-380 126-1 96-1 126-2 96-2 126-3 96-3 126-4 96-4 126-5 96-5 126-6 96-6 126-7 96-7 126-8 96-8 126-9 96-9 126-10 96-10 CCT:13 C� J CODE COMPARATIVE TABLE 1962 CODE TO 2023 CODE This table gives the location within the 2023 Code sections of the 1962 Code. 1962 Code Section 1962 Code Section Section in 2023 Code Section in 2023 Code 1-1 1-1 5-20 8-8 1-2 1-2 5-21 8-4 1-4 1-4 5-22 8-3 1-5 1-8 6-2 12-19 1-6 1-5 6-3 12-21 1-8 1-7 6-4 12-22 2-1 2-176 6-5 12-23 2-2 2-52 6-6 12-24 2-3 2-24 6-7 12-25 2-4 2-153 6-8 12-20 2-5 2-127 7-2 14-7 2-7 2-21 7-4 14-8 2-8 2-175 7-5 14-9 2-26 101-62 7-6 14-1 2-27 101-63 7-7 14-2 2-28 101-64 7-10 14-3 2-29 101-65 7-11 14-4 2-30 101-66 7-13 14-5 2-31 101-67 7-14 14-6 2-32 101-68 10-1 30-1 2-33 101-69 10-2 30-23 2-34 101-70 10-3 30-24 2-35 101-71 10-4 30-25 2-36 101-72 10-4(c) 30-2 2-51 1-75 10-5(a) 30-26 2-52 1-76 10-5(b) 30-27 2-55 1-77 10-5(c) 30-28 2-57 1-99 10-5(d) 30-29 2-61 1-100 10-5(e) 30-30 2-63 1-43 10-6 30-31 3-3 4-1 10-7 30-32 3-4 4-2 11-6 18-55 3-5 4-3 11-7 18-56 5-1 8-1 11-8 18-57 5-3 8-2 11-9 18-119 5-5 8-5 11-10 18-120 5-7 8-6 11-11 18-122 5-10 8-7 11-12 18-123 5-11 8-37 11-13 18-124 5-12 8-38 11-14 18-125 5-14 8-65 11-15 18-126 5-15 8-66 11-16 18-127 5-16 8-67 11-17 18-128 5-17 8-68 11-18 18-129 5-18 8-69 11-19 18-130 5-19 8-70 11-20 18-131 CCT:15 CLERMONT CODE 1962 Code Section 1962 Code Section Section in 2023 Code Section in 2023 Code 11-21 18-121 18A-33 10-83 11-22 18-132 18A-34 10-84 11A-1 18-90 18A-35 10-85 11A-2 18-88 18A-36 10-86 11A-3 18-91 18A-37 10-87 11A-15 18-88 19-1 32-48 11A-16 18-92 — 32-49 11A-17 18-93 19-2 32-50 11A-18 18-94 19-3 32-51 11A-19 18-95 19-4 32-52 11A-20 18-89 19-12 32-78 12-11 10-48 — 32-79 — 10-49 19-14 32-81 12-11(a) 10-50 19-15 32-82 12-11(b) 10-51 19-16 32-83 12-11(c) 10-52 19-17 32-84 12-11(d) 10-53 19-18 32-85 12-12 10-1 19-19 32-86 12-16 10-21 19-20 32-87 14-1 24-2 19-21 32-88 14-2 24-3 19-22 32-89 14-3 24-4 19-23 32-90 14-7 24-5 19-24 32-91 14-8 24-55 19-25 32-92 14-10 24-32 19-26 32-93 14-11 24-6 19-27 32-80 14-15 24-88 19-33 8-101 14-16 24-89 19-34 8-102 14-17 24-90 19-35 8-103 14-18 24-7 19-36 8-104 14-19 24-8 19-37 8-105 14-20 24-1 19-45 32-1 14-21 24-9 19-46 32-1 14-22 24-10 19-47 32-2 14-23 24-11 19-48 32-2 14-24 24-12 19-49 32-2 14-25(a) 24-13 21-1 34-19 14-26(a) 16-19 21-2 34-20 14-26(b) 16-22 21-3 34-21 14-26(c) 16-23 21-4 34-22 14-26(d) 16-24 21-5 34-23 14-26(e) 16-25 23-2 36-22 14-26(f) 16-26 23-3 36-23 14-26(g) 16-27 23-4 36-1 14-26(h) 16-28 23-5 36-1 14-26(i) 16-21 23-8 36-24 14-260) 16-29 23-9 36-25 14-26(k) 16-20 23-10 36-26 16-39 34-72 23-11 36-27 16-40 34-73 23-12 36-28 16-41 34-105 23-13 36-21 16-42 34-106 24-1 22-1 18A-32 10-82 24-2 22-2 CCT:16 CODE COMPARATIVE TABLE 1962 Code Section Section in 2023 Code 24-2.1 22-3 24-4 22-4 24-5 22-5 25-1 38-1 25-2(a) 38-3 25-4 38-4 25-5 38-5 25-6 38-10 25-7 38-11 25-8 38-12 25-9 38-6 25-10 38-13 25-11 38-7 25-12 38-8 25-13 38-9 25-14 38-2 25-15 38-45 25-17 38-46 25-18 38-47 25-19 38-48 25-20 38-49 25-21 38-50 25-22 38-51 25-23 38-52 25-24 38-78 25-25 38-79 25-26 38-80 25-27 38-81 25-28 38-82 25-29 38-83 25-30 38-84 25-31 38-85 25-32 38-114 25-33 38-115 25-34 38-116 25-35 38-117 25-38 38-120 25-40 38-122 • CCT:17 • CODE COMPARATIVE TABLE 1998 CODE TO 2023 CODE This table gives the location within the 2023 Code of sections of the 1998 Code. 1998 Code Section 1998 Code Section Section in 2023 Code Section in 2023 Code 1-1 1-1 2-261 111-1 1-2 1-2 2-262 111-2 1-3 1-3 2-263 111-3 1-4 1-3 2-264 111-4 1-5 1-3 2-265 111-5 1-6 1-3 2-266 111-6 1-7 1-9 2-267 111-7 1-8 1-10 2-268 111-8 1-9 1-11 2-269 111-9 1-10 1-4 6-1 4-1 1-11 1-5 6-2 4-2 1-13 1-8 6-3 4-3 1-15 1-7 10-1 6-1 2-33 2-21 10-3 6-2 2-36 2-24 10-4 6-3 2-61 2-76 2-52 101-62 10-5 10-6 6-4 6-5 2-77 101-63 10-7 6-6 2-78 101-64 10-8 6-7 2-79 101-65 10-9 6-8 2-80 101-66 10-26 6-45 2-81 101-67 10-27 6-46 2-82 101-68 10-28 6-47 2-83 101-69 10-29 6-48 2-84 101-70 10-30 6-49 2-85 101-71 10-31 6-50 2-86 101-72 10-32 6-51 2-146 2-127 10-46 6-9 2-166 2-153 10-47 6-10 2-186 1-41 10-48 6-11 2-188 1-42 10-49 6-12 2-189 1-43 10-50 6-13 2-206 1-75 10-76 6-76 2-208 1-76 10-77 6-77 2-212 1-77 10-78 6-78 2-216 1-98 10-79 6-79 2-217 1-99 10-80 6-80 2-222 1-100 10-96 6-104 2-224 1-129 10-97 6-105 2-225 1-130 10-98 6-106 2-226 1-131 10-99 6-107 2-227 1-132 14-1 8-1 2-228 1-133 14-2 8-2 2-229 1-134 14-3 8-3 2-241 2-175 14-4 8-4 2-242 2-176 14-5 8-5 CCT:19 CLERMONT CODE 0 1998 Code Section 1998 Code Section Section in 2023 Code Section in 2023 Code 14-6 8-6 30-35 16-23 14-7 8-7 30-36 16-24 14-8 8-8 30-37 16-25 14-36 8-37 30-38 16-26 14-37 8-38 30-39 16-27 14-56 8-65 30-40 16-28 14-57 8-66 30-41 16-29 14-58 8-67 34-61 18-53 14-59 8-68 34-62 18-54 14-60 8-69 34-63 18-55 14-61 8-70 34-64 18-56 14-62 8-71 34-65 18-57 14-96 8-101 34-91 18-88 14-97 8-102 34-92 18-89 14-98 8-103 34-93 18-90 14-99 8-104 34-94 18-91 14-100 8-105 34-95 18-92 18-1 10-1 34-96 18-93 18-31 10-21 34-97 18-94 18-51 10-48 34-98 18-95 18-52 10-49 34-131 18-119 18-53 10-50 34-132 18-120 18-54 10-51 34-133 18-121 18-55 10-52 34-134 18-122 18-56 10-53 34-135 18-123 18-76 10-82 34-136 18-124 18-77 10-83 34-137 18-125 18-78 10-84 34-138 18-126 18-79 10-85 34-139 18-127 18-80 10-86 34-140 18-128 18-81 10-87 34-141 18-129 18-82 10-88 34-142 18-130 22-1 12-19 34-143 18-131 22-2 12-20 34-144 18-132 22-3 12-21 38-1 22-1 22-4 12-22 38-2 22-2 22-5 12-23 38-3 22-3 22-6 12-24 38-4 22-4 22-7 12-25 38-5 22-5 26-1 14-1 42-1 24-1 26-2 14-2 42-2 24-2 26-3 14-3 42-3 24-3 26-4 14-4 42-4 24-4 26-5 14-5 42-7 24-5 26-6 14-6 42-8 24-6 26-7 14-7 42-9 24-7 26-8 14-8 42-10 24-8 26-9 14-9 42-11 24-9 26-10 14-10 42-12 24-10 30-31 16-19 42-13 24-11 30-32 16-20 42-14 24-12 30-33 16-21 42-15(c) 24-13 30-34 16-22 42-16 24-14 CCT:20 CODE COMPARATIVE TABLE 0 1998 Code Section 1998 Code Section Section in 2023 Code Section in 2023 Code 42-41 24-32 58-116 34-126 42-61 24-53 58-117 34-127 42-62 24-54 58-118 34-128 42-63 24-55 58-119 34-129 42-64 24-56 58-120 34-130 42-65 24-57 58-121 34-131 42-81 24-88 58-122 34-132 42-82 24-89 58-123 34-133 42-83 24-90 58-124 34-134 50-1 30-1 58-125 34-135 50-2 30-2 58-127 34-136 50-31 30-23 58-128 34-137 50-32 30-24 58-129 34-138 50-33 30-25 58-130 34-139 50-34 30-26 58-131 34-140 50-35 30-27 58-151 34-164 50-36 30-28 58-152 34-165 50-37 30-29 58-153 34-166 50-38 30-30 58-154 34-167 50-39 30-31 58-155 34-168 50-40 30-32 62-2 36-1 54-1 32-1 62-31 36-21 54-2 32-2 62-32 36-22 54-46 32-48 62-33 36-23 54-47 32-49 62-34 36-24 54-48 32-50 62-35 36-25 54-49 32-51 62-36 36-26 54-50 32-52 62-37 36-27 54-66 32-78 62-38 36-28 54-67 32-79 66-1 38-1 54-68 32-80 66-2 38-2 54-69 32-81 66-3 38-3 54-70 32-82 66-5 38-4 54-71 32-83 66-6 38-5 54-72 32-84 66-7 38-6 54-73 32-85 66-8 38-7 54-74 32-86 66-9 38-8 54-75 32-87 66-10 38-9 54-76 32-88 66-11 38-10 54-77 32-89 66-12 38-11 54-78 32-90 66-13 38-12 54-79 32-91 66-14 38-13 54-80 32-92 66-41 38-45 54-81 32-93 66-42 38-46 58-31 34-19 66-43 38-47 58-32 34-20 66-44 38-48 58-33 34-21 66-45 38-49 58-34 34-22 66-46 38-50 58-35 34-23 66-47 38-51 58-76 34-72 66-48 38-52 58-77 34-73 66-76 38-78 58-96 34-105 66-77 38-79 58-97 34-106 66-78 38-80 CCT:21 CLERMONT CODE 0 1998 Code Section 1998 Code Section Section in 2023 Code Section in 2023 Code 66-79 38-81 82-7 101-7 66-80 38-82 82-8 101-8 66-81 38-83 82-9 101-9 66-82 38-84 82-10 101-10 66-83 38-85 82-11 101-11 66-106 38-114 82-13 101-12 66-107 38-115 86-51 101-103 66-108 38-116 86-52 101-104 66-109 38-117 86-71 101-122 66-110 38-118 86-72 101-123 66-111 38-119 86-73 101-124 66-112 38-120 86-111 101-176 66-113 38-121 86-112 101-177 66-114 38-122 86-113 101-178 66-115 38-123 86-114 101-179 66-141 38-145 86-115 101-180 66-142 38-146 86-116 101-181 66-143 38-147 86-117 101-182 66-144 38-148 86-118 101-183 66-145 38-149 86-119 101-184 66-146 38-150 86-120 101-185 66-147 38-151 86-141 101-209 66-148 38-152 86-142 101-210 66-161 18-188 86-143 101-211 66-162 18-189 86-144 101-212 66-163 18-190 86-145 101-213 66-164 18-191 86-146 101-214 66-165 18-192 86-147 101-215 66-166 18-193 86-148 101-216 66-167 18-194 86-149 101-217 66-201 18-213 86-171 101-243 66-202 18-214 86-172 101-244 66-203 18-212 86-173 101-245 66-204 18-216 86-174 101-246 66-216 18-246 86-175 101-248 66-217 18-247 86-176 101-249 66-218 18-248 86-177 101-250 66-219 18-249 86-221 101-279 66-220 18-250 86-222 101-280 66-221 18-245 86-223 101-281 66-236 18-279 86-224 101-282 66-237 18-280 86-225 101-283 66-238 18-281 86-226 101-284 66-239 18-282 86-251 101-302 70-31 40-51 86-252 101-303 70-32 40-52 86-281 101-325 70-33 40-50 86-282 101-326 82-1 101-1 86-283 101-327 82-2 101-2 86-284 101-328 82-3 101-3 90-1 103-1 82-4 101-4 90-2 103-2 82-5 101-5 90-3 103-3 82-6 101-6 90-4 103-4 CCT:22 CODE COMPARATIVE TABLE 0 1998 Code Section 1998 Code Section Section in 2023 Code Section in 2023 Code 90-5 103-5 98-14 115-14 90-6 103-6 98-15 115-15 90-7 103-7 102-1 117-1 90-8 103-8 102-2 117-2 90-9 103-9 102-3 117-3 90-10 103-10 102-4 117-4 90-11 103-11 102-5 117-5 94-131 105-19 102-6 117-6 94-132 105-20 102-7 117-7 94-133 105-21 102-8 117-8 94-134 105-22 102-9 117-9 94-135 105-23 102-10 117-10 94-136 105-24 102-11 117-11 94-137 105-25 102-12 117-12 94-138 105-26 102-13 117-13 94-139 105-27 102-14 117-14 94-140. 105-28 102-15 117-15 94-141 105-29 102-16 117-16 94-142 105-30 102-17 117-17 94-143 105-31 102-18 117-18 94-171 105-51 102-19 117-19 94-191 105-76 102-20 117-20 94-192 105-77 102-21 117-21 94-193 105-78 102-22 117-22 94-194 105-79 102-23 117-23 94-195 105-80 102-24 117-24 94-196 105-81 102-25 117-25 94-197 105-82 106-1 101-347 94-198 105-83 106-2 101-348 94-199 105-84 106-3 101-349 94-200 105-85 106-4 101-350 94-221 105-114 106-5 101-351 94-222 105-115 106-6 101-352 94-223 105-116 106-7 101-353 94-224 105-117 106-8 101-354 94-225 105-118 106-9 101-355 94-226 105-119 106-10 101-356 94-227 105-120 106-11 101-357 94-228 105-121 106-12 101-358 94-229 105-122 106-13 101-359 98-1 115-1 106-14 101-360 98-2 115-2 106-15 101-361 98-3 115-3 110-1 119-2 98-4 115-4 110-2 119-3 98-5 115-5 110-3 119-4 98-6 115-6 110-4 119-1 98-7 115-7 110-5 119-5 98-8 115-8 110-6 119-6 98-9 115-9 110-7 119-7 98-10 115-10 110-8 119-8 98-11 115-11 110-31 119-35 98-12 115-12 110-32 119-36 98-13 115-13 110-33 119-37 CCT:23 CLERMONT CODE 0 1998 Code Section 1998 Code Section Section in 2023 Code Section in 2023 Code 110-51 119-63 118-7 123-7 110-52 119-64 118-8 123-8 110-53 119-65 118-9 123-9 110-101 119-120 118-31 123-37 110-102 119-121 118-32 123-38 110-103 119-122 118-33 123-39 110-121 119-143 118-34 123-40 110-122 119-144 118-35 123-41 110-141 119-172 118-36 123-42 110-142 119-173 118-37 123-43 110-171 119-200 118-38 123-44 110-172 119-201 118-39 123-45 110-191 119-228 118-40 123-46 110-192 119-229 118-41 123-47 110-193 119-230 118-42 123-48 110-194 119-231 118-43 123-49 110-195 119-232 118-44 123-50 110-211 119-258 118-71 123-74 110-212 119-259 118-72 123-75 110-231 119-282 118-73 123-76 110-232 119-283 118-91 123-77 110-233 119-284 118-92 123-78 110-234 119-285 118-111 123-100 110-235 119-286 118-112 123-101 110-261 119-306 118-113 123-102 110-262 119-307 122-1 125-1 110-263 119-308 122-31 125-21 110-264 119-309 122-32 125-22 110-265 119-310 122-33 125-23 110-266 119-311 122-34 125-24 110-267 119-312 122-35 125-25 110-268 119-313 122-36 125-26 110-269 119-314 122-37 125-27 110-270 119-315 122-61 125-58 110-271 119-316 122-62 125-59 110-272 119-317 122-63 125-60 110-273 119-318 122-64 125-61 110-274 119-319 122-65 125-62 114-1 121-1 122-66 125-63 114-2 121-2 122-81 125-107 114-3 121-3 122-82 125-108 114-4 121-4 122-83 125-109 114-5 121-5 122-84 125-110 114-6 121-6 122-85 125-111 114-7 121-7 122-101 125-136 114-8 121-8 122-102 125-137 114-9 121-9 122-103 125-138 118-1 123-2 122-104 125-139 118-2 123-1 122-105 125-140 118-3 123-3 122-121 125-164 118-4 123-4 122-122 125-165 118-5 123-5 122-123 125-166 118-6 123-6 122-124 125-167 CCT:24 • • • 1998 Code Section 122-125 122-141 122-142 122-143 122-144 122-145 122-146 122-161 122-162 122-163 122-164 122-165 122-166 122-181 122-182 122-183 122-184 122-185 122-186 122-201 122-202 122-203 122-204 122-205 122-206 122-221 122-222 122-223 122-224 122-225 122-226 122-241 122-242 122-243 122-244 122-245 122-246 122-247 122-248 122-261 122-262 122-263 122-264 122-265 122-266 122-311 122-312 122-313 122-314 122-315 122-316 122-317 122-318 CODE COMPARATIVE TABLE Section in 2023 Code 125-168 125-190 125-191 125-192 125-193 125-194 125-195 125-214 125-215 125-216 125-217 125-218 125-219 125-247 125-248 125-249 125-250 125-251 125-252 125-310 125-311 125-312 125-313 125-314 125-315 125-334 125-335 125-336 125-337 125-338 125-339 125-367 125-368 125-369 125-370 125-371 125-372 125-373 125-374 125-394 125-395 125-396 125-397 125-398 125-399 125-482 125-483 125-484 125-485 125-486 125-487 125-488 125-489 1998 Code Section 122-319 122-341 122-342 122-343 122-344 122-345 122-346 122-347 122-348 122-349 122-350 122-351 122-352 122-353 122-354 122-355 122-356 122-375 122-376 122-377 122-378 122-379 122-380 126-1 126-2 126-3 126-4 126-5 126-6 126-7 126-8 126-9 126-10 Section in 2023 Code 125-490 125-519 125-520 125-521 125-522 125-523 125-524 125-529 125-530 125-531 125-556 125-557 125-558 125-559 125-560 125-561 125-525 125-614 125-615 125-616 125-617 125-618 125-619 109-1 109-2 109-3 109-4 109-5 109-6 109-7 109-8 109-9 109-10 CCT:25 • CODE COMPARATIVE TABLE 2008 CODE TO 2023 CODE This table gives the location within the 2023 Code of sections of the 2008 Code, as supplemented through June 8, 2021. 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 1-1 1-1 2-225 1-130 1-2 1-2 2-226 1-131 1-3 1-3 2-227 1-132 1-4 1-3 2-228 1-133 1-5 1-3 2-229 1-134 1-6 1-3 2-241 2-175 1-7 1-9 2-242 2-176 1-8 1-10 2-261 111-1 1-9 1-11 2-262 111-2 1-10 1-4 2-263 111-3 1-11 1-5 2-264 111-4 1-12 1-6 2-265 111-5 1-13 1-8 2-266 111-6 1-15 1-7 2-267 111-7 2-31 2-19 2-268 111-8 2-32 2-33 2-20 2-21 2-269 6-1 111-9 4-1 2-34 2-22 6-2 4-2 2-35 2-23 6-3 4-3 2-36 2-24 10-1 6-1 2-61 2-52 10-3 6-2 2-76 101-62 10-4 6-3 2-77 101-63 10-5 6-4 2-78 101-64 10-6 6-5 2-79 101-65 10-7 6-6 2-80 101-66 10-8 6-7 2-81 101-67 10-9 6-8 2-82 101-68 10-26 6-45 2-83 101-69 10-27 6-46 2-84 101-70 10-28 6-47 2-85 101-71 10-29 6-48 2-86 101-72 10-30 6-49 2-126 2-98 10-31 6-50 2-127 2-99 10-32 6-51 2-146 2-127 10-46 6-9 2-166 2-153 10-47 6-10 2-186 1-41 10-48 6-11 2-187 1-42 10-49 6-12 2-188 1-43 10-50 6-13 2-206 1-75 10-76 6-76 2-207 1-76 10-77 6-77 2-208 1-77 10-78 6-78 2-216 1-98 10-79 6-79 2-217 1-99 10-80 6-80 2-222 1-100 10-96 6-104 2-224 1-129 10-97 6-105 CCT:27 CLERMONT CODE 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 10-98 6-106 22-4 12-22 10-99 6-107 22-5 12-23 14-1 8-1 22-6 12-24 14-2 8-2 22-7 12-25 14-3 8-3 26-1 14-1 14-4 8-4 26-2 14-2 14-5 8-5 26-3 14-3 14-6 8-6 26-4 14-4 14-7 8-7 26-5 14-5 14-8 8-8 26-6 14-6 14-9 8-9 26-7 14-7 14-36 8-37 26-8 14-8 14-37 8-38 26-9 14-9 14-56 8-65 26-10 14-10 14-57 8-66 30-31 16-19 14-58 8-67 30-32 16-20 14-59 8-68 30-33 16-21 14-60 8-69 30-34 16-22 14-61 8-70 30-35 16-23 14-62 8-71 30-36 16-24 14-96 8-101 30-37 16-25 14-97 8-102 30-38 16-26 14-98 8-103 30-39 16-27 14-99 8-104 30-40 16-28 14-100 8-105 30-41 16-29 15-1 20-19 34-31 18-19 15-2 20-20 34-32 18-20 15-3 20-21 34-33 18-21 18-1 10-1 34-34 18-22 18-31 10-21 34-35 18-23 18-51 10-48 34-36 18-24 18-52 10-49 34-37 18-25 18-53 10-50 34-38 18-26 18-54 10-51 34-39 18-27 18-55 10-52 34-40 18-28 18-56 10-53 34-41 18-29 18-57 10-54 34-42 18-30 18-76 10-82 34-43 18-31 18-77 10-83 34-44 18-32 18-78 10-84 34-61 18-53 18-79 10-85 34-62 18-54 18-80 10-86 34-63 18-55 18-81 10-87 34-64 18-56 18-82 10-88 34-65 18-57 18-83 10-22 34-91 18-88 18-85 10-120 34-92 18-89 18-86 10-121 34-93 18-90 18-87 10-122 34-94 18-91 18-88 10-123 34-95 18-92 18-89 10-124 34-96 18-93 22-1 22-2 12-19 12-20 34-97 34-98 18-94 18-95 22-3 12-21 34-131 18-119 CCT:28 CODE COMPARATIVE TABLE 0 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 34-132 18-120 46-32 28-28 34-133 18-121 46-33 28-29 34-134 18-122 46-34 28-30 34-135 18-123 46-35 28-31 34-136 18-124 46-36 28-32 34-137 18-125 46-37 28-33 34-138 18-126 46-50 28-55 34-139 18-127 46-51 28-56 34-140 18-128 46-52 28-57 34-141 18-129 46-53 28-58 34-142 18-130 46-54 28-59 34-143 18-131 46-55 28-60 34-144 18-132 46-56 28-61 38-1 22-1 46-57 28-62 38-2 22-2 46-58 28-63 38-3 22-3 46-59 28-64 38-4 22-4 46-60 28-65 38-5 22-5 46-61 28-66 42-1 24-1 46-62 28-67 42-2 24-2 46-63 28-68 42-3 24-3 46-64 28-69 42-4 24-4 46-65 28-70 42-7 24-5 46-66 28-71 42-8 24-6 46-67 28-72 42-9 24-7 46-68 28-73 42-10 24-8 46-69 28-74 42-11 24-9 46-70 28-75 42-12 24-10 46-71 28-76 42-13 24-11 46-72 28-77 42-14 24-12 46-73 28-78 42-15 24-13 46-74 28-79 42-16 24-14 46-75 28-80 42-41 24-32 46-76 28-81 42-61 24-53 46-77 28-82 42-62 24-54 46-78 28-83 42-63 24-55 46-79 28-84 42-64 24-56 46-80 28-85 42-65 24-57 46-100 28-114 42-81 24-88 46-101 28-115 42-82 24-89 46-102 28-116 42-83 24-90 46-103 28-117 42-100 24-109 46-104 28-118 42-101 24-110 46-105 28-119 42-102 24-111 46-106 28-120 42-103 24-112 46-107 28-121 42-104 24-113 46-108 28-122 42-105 24-114 46-109 28-123 42-106 24-115 46-110 28-124 46-21 28-1 46-111 28-125 46-22 28-2 46-112 28-126 46-25 28-3 46-113 28-127 46-26 28-4 46-114 28-128 46-31 28-27 46-115 28-129 CCT:29 CLERMONT CODE 0 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 46-116 28-130 54-92 32-117 46-117 28-131 54-93 32-118 46-118 28-132 54-94 32-119 46-119 28-133 54-95 32-120 46-120 28-134 54-96 32-121 46-121 28-135 54-100 32-141 46-122 28-136 54-101 32-142 46-123 28-137 54-102 32-143 46-124 28-138 54-103 32-144 46-125 28-139 54-104 32-145 46-126 28-140 54-105 32-146 46-127 28-141 54-106 32-147 46-128 28-142 54-107 32-148 46-129 28-143 54-111 26-19 46-130 28-144 54-112 26-20 50-1 30-1 54-113 26-21 50-2 30-2 54-114 26-22 50-31 30-23 54-115 26-23 50-32 30-24 54-116 26-24 — 34-20 54-117 26-25 50-33 30-25 54-118 26-26 50-34 30-26 54-119 26-27 50-35 30-27 54-120 26-28 50-36 30-28 54-121 26-29 50-37 30-29 54-123 26-30 50-38 30-30 54-124 26-31 50-39 30-31 54-125 26-32 50-40 30-32 54-126 26-33 54-1 32-1 54-127 26-34 54-2 32-2 54-128 26-35 54-46 32-48 54-129 26-36 54-47 32-49 54-130 26-37 54-48 32-50 54-140 32-180 54-49 32-51 54-141 32-181 54-50 32-52 54-142 32-182 54-66 32-78 54-143 32-183 54-67 32-79 54-144 32-184 54-68 32-80 54-145 32-185 54-69 32-81 58-31 34-19 54-70 32-82 58-33 34-21 54-71 32-83 58-34 34-22 54-72 32-84 58-35 34-23 54-73 32-85 58-76 34-72 54-74 32-86 58-77 34-73 54-75 32-87 58-96 34-105 54-76 32-88 58-97 34-106 54-77 32-89 58-116 34-126 54-78 32-90 58-117 34-127 54-79 32-91 58-118 34-128 54-80 32-92 58-119 34-129 54-81 32-93 58-120 34-130 54-90 32-115 58-121 34-131 54-91 32-116 58-122 34-132 CCT:30 CODE COMPARATIVE TABLE 0 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 58-123 34-133 66-83 38-85 58-124 34-134 66-106 38-114 58-125 34-135 66-107 38-115 58-127 34-136 66-108 38-116 58-128 34-137 66-109 38-117 58-129 34-138 66-110 38-118 58-130 34-139 66-111 38-119 58-131 34-140 66-112 38-120 58-151 34-164 66-113 38-121 58-152 34-165 66-114 38-122 58-153 34-166 66-115 38-123 58-154 34-167 66-141 38-145 58-155 34-168 66-142 38-146 62-2 36-1 66-143 38-147 62-31 36-21 66-144 38-148 62-32 36-22 66-145 38-149 62-33 36-23 66-146 38-150 62-34 36-24 66-147 38-151 62-35 36-25 66-148 38-152 62-36 36-26 66-161 18-188 62-37 36-27 66-162 18-189 62-38 36-28 66-163 18-190 62-39 36-29 66-164 18-191 62-40 36-47 66-165 18-192 62-41 36-48 66-166 18-193 66-1 38-1 66-167 18-194 66-2 38-2 66-201 18-213 66-3 38-3 66-202 18-214 66-5 38-4 66-203 18-212 66-6 38-5 66-204 18-216 66-7 38-6 66-205 18-217 66-8 38-7 66-206 18-218 66-9 38-8 66-207 18-215 66-10 38-9 66-216 18-246 66-11 38-10 66-217 18-247 66-12 38-11 66-218 18-248 66-13 38-12 66-219 18-249 66-14 38-13 66-220 18-250 66-41 38-45 66-221 18-245 66-42 38-46 66-236 18-279 66-43 38-47 66-237 18-280 66-44 38-48 66-238 18-281 66-45 38-49 66-239 18-282 66-46 38-50 70-1 40-19 66-47 38-51 70-2 40-20 66-48 38-52 70-3 40-21 66-76 38-78 70-4 40-22 66-77 38-79 70-5 40-23 66-78 38-80 70-31 40-51 66-79 38-81 70-32 40-52 66-80 38-82 70-33 40-50 66-81 38-83 70-54 40-78 66-82 38-84 70-55 40-80 CCT:31 CLERMONT CODE 0 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 70-56 40-81 86-226 101-284 70-57 40-82 86-251 101-302 70-58 40-79 86-252 101-303 82-1 101-1 86-281 101-325 82-2 101-2 86-282 101-326 82-3 101-3 86-283 101-327 82-4 101-4 86-284 101-328 82-5 101-5 86-285 101-329 82-6 101-6 90-1 103-1 82-7 101-7 90-2 103-2 82-8 101-8 90-3 103-3 82-9 101-9 90-4 103-4 82-10 101-10 90-5 103-5 82-11 101-11 90-6 103-6 82-12 101-11 90-7 103-7 82-13 101-12 90-8 103-8 86-51 101-103 90-9 103-9 86-52 101-104 90-10 103-10 86-71 101-122 90-11 103-11 86-72 101-123 90-30 103-41 86-73 101-124 90-31 103-42 86-111 101-176 94-11 107-5 86-112 101-177 94-12 107-6 86-113 101-178 94-13 107-7 86-114 101-179 94-14 107-8 0 86-115 101-180 94-15 107-9 86-116 101-181 94-16 107-10 86-117 101-182 94-20 107-11 86-118 101-183 94-21 107-12 86-119 101-184 94-22 107-13 86-120 101-185 94-23 107-14 86-141 101-209 94-24 107-15 86-142 101-210 94-25 107-16 86-143 101-211 94-26 107-17 86-144 101-212 94-30 107-63 86-145 101-213 94-31 107-64 86-146 101-214 94-32 107-65 86-147 101-215 94-33 107-66 86-148 101-216 94-34 107-67 86-149 101-217 94-35 107-68 86-171 101-243 94-36 107-69 86-172 101-244 94-37 107-70 86-173 101-245 94-38 107-71 86-174 101-246 94-50 107-101 86-175 101-247 94-51 107-102 86-176 101-248 94-52 107-103 86-177 101-249 94-53 107-104 86-178 101-250 94-54 107-105 86-221 101-279 94-55 107-106 86-222 101-280 94-56 107-107 86-223 101-281 94-57 107-108 86-224 101-282 94-60 107-130 86-225 101-283 94-61 107-131 CCT:32 CODE COMPARATIVE TABLE 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 94-62 107-132 94-135 105-23 94-63 107-133 94-136 105-24 94-70 107-165 94-137 105-25 94-71 107-166 94-138 105-26 94-72 107-167 94-139 105-27 94-73 107-168 94-140 105-28 94-74 107-169 94-141 105-29 94-75 107-170 94-142 105-30 94-80 107-194 94-143 105-31 94-81 107-195 94-171 105-51 94-82 107-196 94-191 105-76 94-83 107-197 94-192 105-77 94-84 107-198 94-193 105-78 94-85 107-199 94-194 105-79 94-86 107-200 94-195 105-80 94-87 107-201 94-196 105-81 94-90 107-226 94-197 105-82 94-91 107-227 94-198 105-83 94-92 107-228 94-199 105-84 94-100 107-1 94-200 105-85 94-101 107-2 94-221 105-114 94-102 107-3 94-222 105-115 94-103 107-4 94-223 105-116 94-104 107-250 94-224 105-117 94-105 107-279 94-225 105-118 94-106 107-280 94-226 105-119 94-107 107-309 94-227 105-120 94-108 107-310 94-228 105-121 94-109 107-311 94-229 105-122 94-110 107-312 95-1 113-19 94-111 107-313 95-2 113-21 94-112 107-345 95-3 113-22 94-113 107-346 95-4 113-23 94-114 107-347 95-5 113-24 94-115 107-348 95-6 113-25 94-116 107-349 95-7 113-20 94-117 107-350 95-31 113-45 94-118 107-351 95-32 113-46 94-119 107-352 95-33 113-47 94-120 107-378 95-34 113-48 94-121 107-379 95-35 113-49 94-122 107-402 95-36 113-50 94-123 107-403 95-37 113-51 94-124 107-404 95-51 113-71 94-125 107-405 95-52 113-72 94-126 107-424 95-53 113-73 94-127 107-425 96-1 109-1 94-128 107-426 96-2 109-2 94-129 107-427 96-3 109-3 94-131 105-19 96-4 109-4 94-132 105-20 96-5 109-5 94-133 105-21 96-6 109-6 94-134 105-22 96-7 109-7 CCT:33 CLERMONT CODE 0 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 96-8 109-8 106-8 101-354 96-9 109-9 106-9 101-355 96-10 109-10 106-10 101-356 98-1 115-1 106-11 101-357 98-2 115-2 106-12 101-358 98-3 115-3 106-13 101-359 98-4 115-4 106-14 101-360 98-5 115-5 106-15 101-361 98-6 115-6 110-1 119-2 98-7 115-7 110-2 119-3 98-8 115-8 110-3 119-4 98-9 115-9 110-4 119-1 98-10 115-10 110-5 119-5 98-11 115-11 110-6 119-6 98-12 115-12 110-7 119-7 98-13 115-13 110-8 119-8 98-14 115-14 110-31 119-35 98-15 115-15 110-32 119-36 98-16 115-16 110-33 119-37 98-17 115-17 110-51 119-63 102-1 117-1 110-52 119-64 102-2 117-2 110-53 119-65 102-3 117-3 110-101 119-120 102-4 117-4 110-102 119-121 102-5 117-5 110-103 119-122 0 102-6 117-6 110-121 119-143 102-7 117-7 110-122 119-144 102-8 117-8 110-141 119-172 102-9 117-9 110-142 119-173 102-10 117-10 110-171 119-200 102-11 117-11 110-172 119-201 102-12 117-12 110-173 119-202 102-13 117-13 110-191 119-228 102-14 117-14 110-192 119-229 102-15 117-15 110-193 119-230 102-16 117-16 110-194 119-231 102-17 117-17 110-195 119-232 102-18 117-18 110-211 119-258 102-19 117-19 110-212 119-259 102-20 117-20 110-231 119-282 102-21 117-21 110-232 119-283 102-22 117-22 110-233 119-284 102-23 117-23 110-234 119-285 102-24 117-24 110-235 119-286 102-25 117-25 110-261 119-306 102-26 117-26 110-262 119-307 106-1 101-347 110-263 119-308 106-2 101-348 110-264 119-309 106-3 101-349 110-265 119-310 106-4 101-350 110-266 119-311 106-5 101-351 110-267 119-312 106-6 101-352 110-268 119-313 106-7 101-353 110-269 119-314 CCT:34 CODE COMPARATIVE TABLE 0 2008 Code Section 2008 Code Section Section in 2023 Code Section in 2023 Code 110-270 119-315 122-61 125-58 110-271 119-316 122-62 125-59 110-272 119-317 122-63 125-60 110-273 119-318 122-64 125-61 110-274 119-319 122-65 125-62 114-1 121-1 122-66 125-63 114-2 121-2 122-71 125-85 114-3 121-3 122-72 125-86 114-4 121-4 122-73 125-87 114-5 121-5 122-74 125-88 114-6 121-6 122-75 125-89 114-7 121-7 122-81 125-107 114-8 121-8 122-82 125-108 114-9 121-9 122-83 125-109 118-1 123-2 122-84 125-110 118-2 123-1 122-85 125-111 118-3 123-3 122-101 125-136 118-4 123-4 122-102 125-137 118-5 123-5 122-103 125-138 118-6 123-6 122-104 125-139 118-7 123-7 122-105 125-140 118-8 123-8 122-121 125-164 118-9 123-9 122-122 125-165 118-31 123-37 122-123 125-166 118-32 123-38 122-124 125-167 118-33 123-39 122-125 125-168 118-34 123-40 122-141 125-190 118-35 123-41 122-142 125-191 118-36 123-42 122-143 125-192 118-37 123-43 122-144 125-193 118-38 123-44 122-145 125-194 118-39 123-45 122-146 125-195 118-40 123-46 122-161 125-214 118-41 123-47 122-162 125-215 118-42 123-48 122-163 125-216 118-43 123-49 122-164 125-217 118-44 123-50 122-165 125-218 118-71 123-74 122-166 125-219 118-72 123-75 122-181 125-247 118-73 123-76 122-182 125-248 118-91 123-77 122-183 125-249 118-92 123-78 122-184 125-250 118-111 123-100 122-185 125-251 118-112 123-101 122-186 125-252 118-113 123-102 122-190 125-283 122-1 125-1 122-191 125-284 122-31 125-21 122-192 125-285 122-32 125-22 122-193 125-286 122-33 125-23 122-194 125-287 122-34 125-24 122-195 125-288 122-35 125-25 122-201 125-310 122-36 125-26 122-202 125-311 122-37 125-27 122-203 125-312 CCT:35 CLERMONT CODE 2008 Code Section Section in 2023 Code 122-204 125-313 122-205 125-314 122-206 125-315 122-221 125-334 122-222 125-335 122-223 125-336 122-224 125-337 122-225 125-338 122-226 125-339 122-241 125-367 122-242 125-368 122-243 125-369 122-244 125-370 122-245 125-371 122-246 125-372 122-247 125-373 122-248 125-374 122-249 125-375 122-261 125-394 122-262 125-395 122-263 125-396 122-264 125-397 122-265 125-398 122-266 125-399 122-270 125-427 122-271 125-428 122-272 125-429 122-273 125-430 122-274 125-431 122-280 125-461 122-281 125-462 122-282 125-463 122-311 125-482 122-312 125-483 122-313 125-484 122-314 125-485 122-315 125-486 122-316 125-487 122-317 125-488 122-318 125-489 122-319 125-490 122-341 125-519 122-342 125-520 122-343 125-521 122-344 125-522 122-345 125-523 122-346 125-524 122-347 125-529 122-348 125-530 122-349 125-531 122-350 125-556 122-351 125-557 122-352 125-558 2008 Code Section Section in 2023 Code 122-353 125-559 122-354 125-560 122-355 125-561 122-356 125-525 122-357 125-526 122-358 125-527 122-360 125-586 122-361 125-587 122-362 125-588 122-363 125-589 122-364 125-590 122-365 125-528 122-375 125-614 122-376 125-615 122-377 125-616 122-378 125-617 122-379 125-618 122-380 125-619 CCT:36 • • • CODE COMPARATIVE TABLE LAWS OF FLORIDA IN 2008 CODE This table shows the location of the sections of the Laws of Florida in the 2008 Code. Such provisions assumed ordinance status pursuant to F.S. § 166.021. Laws of Florida Chapter Section 67-1217 4 5 13(a) 13(b) 69-959 3(c) 3(d) 73-433 2 Section 2008 Code 2-127 2-126 2-34 2-35 2-31 2-32 2-31 2-32 CCT:37 • CODE COMPARATIVE TABLE LAWS OF FLORIDA IN 2023 CODE This table gives the location within the 2023 Code of provisions of the Laws of Florida. Such provisions assumed ordinance status pursuant to F.S. § 166.021. Laws of Florida Chapter 67-1217 69-959 73-433 • • Section Section 2023 Code 4 2-99 5 2-98 13(a) 2-22 13(b) 2-23 3(c) 2-19 3(d) 2-20 2 2-19 — 2-20 CCT:39 • • • CODE COMPARATIVE TABLE LEGISLATION This table gives the location of ordinances and other legislation within the Code. Section Legislation Date Section this Code Ord. No. 153 4-5-1957 1 22-1 3 22-2 Ord. No. 156 9-24-1957 2 34-20 3 34-21 4 34-22 6 34-23 Ord. No. 164 12-20-1957 6 32-84 8 32-84 9 32-85 10 32-85 Ord. No. 175 1-1-1959 1 34-105 2 34-106 Ord. No. 190 9-4-1960 1 34-72 2 34-73 Ord. No. 202 4-20-1962 3 1-11 Ord. No. 3-C 6-18-1963 1 4-1 Ord. No. 22-C 5-24-1966 — 4-3 Ord. No. 23-C 9-13-1966 — 4-2 Ord. No. 26-C 5-9-1967 3 22-3 Ord. No. 36-C 2-13-1968 1(1) 18-88 1(2) 18-92 1(3) 18-93 1(4) 18-94 1(5) 18-95 1(6) 18-89 Ord. No. 39-C 4-24-1968 1 18-90 2 18-88 3 18-91 Ord. No. 43-C 2-13-1969 1 34-72 Ord. No. 54-C 2-9-1971 1 4-2 Ord. No. 77-C 8-8-1972 1 4-2 Ord. No. 83-C 2-13-1973 2 4-2 Ord. No. 86-C 3-13-1973 1 22-1 2 22-1 3 22-2 5 22-4 Ord. No. 90-C 3-27-1973 3 32-84 4 32-85 Ord. No. 96-C 8-28-1973 1 32-48, 32-49 2 32-50 3 32-51 4 32-52 Ord. No. 136-C 8-12-1975 1 4-2 Ord. No. 140-C 10-28-1975 1(c) 2-19, 2-20 1(d) 2-19, 2-20 i(e) 2-19, 2-20 1(f) 2-19, 2-20 Ord. No. 151-C 8-10-1976 1 22-2 Ord. No. 155-C 12-21-1976 1 22-2 Ord. No. 162-C 6-14-1977 1 10-83 2 10-84 CCT:41 CLERMONT CODE Legislation Date Section 3 4 5 6 Ord. No. 172-C 4-25-1978 1 2 3 4 5 Ord. No. 199-C 12-11-1979 1 2 3 5 6 7 8 9 10 11 Ord. No. 221-C 2-23-1982 1 Ord. No. 222-C 3-23-1982 1 2 3 Ord. No. 223-C 5-11-1982 1 Ord. No. 225-C 11-9-1982 5 Ord. No. 226-C 3-22-1983 1 Ord. No. 227-C 3-22-1983 1 Ord. No. 228-C 3-22-1983 3 Ord. No. 230-C 3-22-1983 1 Ord. No. 231-C 3-22-1983 1 Ord. No. 232-C 4-12-1983 2 4 Ord. No. 233-C 4-12-1983 1 Ord. No. 234-C 5-24-1983 1(a) 1(b) Ord. No. 236-C 5-24-1983 1 Ord. No. 237-C 12-13-1983 1 Ord. No. 238-C 12-13-1983 1 Ord. No. 240-C 3-27-1984 1 Ord. No. 239-C 9-25-1984 1 2 3 4 Ord. No. 243-C 11-13-1984 1 Ord. No. 249-C 2-24-1987 1 Section this Code 10-85 10-86 10-87 10-82 2-176 2-52 2-24 2-153 2-127 101-62 101-63 101-64 101-66 101-67 101-68 101-69 101-70 101-71 101-72 4-3 32-2 32-78-32-93 8-101-8-105 32-2 32-1, 32-2 36-1 36-22, 36-23 1-77 32-88 1-2 1-7 4-1 22-5 10-1 10-21 10-50-10-53 18-55-18-57 18-119-18-132 24-1-24-13 24-32 24-88-24-90 2-19, 2-20 2-19, 2-20 36-21 36-24-36-28 12-19-12-25 30-1 30-23-30-32 14-1 14-8, 14-9 38-1-38-13 38-45-38-52 38-78-38-85 38-114-38-117 38-120 38-122 4-1 8-1-8-4 8-6-8-8 CCT:42 CODE COMPARATIVE TABLE Section Legislation Date Section this Code — 8-37, 8-38 — 8-65-8-70 Ord. No. 251-C 5-26-1987 1 36-21 — 36-24-36-28 Ord. No. 257-C 1-10-1989 1 34-72 2 34-105 Ord. No. 258-C 3-14-1989 1 24-10 Ord. No. 259-C 5-23-1989 1 16-19-16-29 2 16-19-16-29 3 16-19-16-29 4 16-19-16-29 5 16-19-16-29 6 16-19-16-29 7 16-19-16-29 8 16-19-16-29 9 16-19-16-29 10 16-19-16-29 11 16-19-16-29 Ord. No. 262-C 8-22-1989 2 34-20 — 34-22 3 34-23 Ord. No. 265-C 3-27-1990 1(2-51) 1-41 — 1-75 1(2-52) 1-42 1(2-54(B)) 1-76 1(2-54(C)) 1-76 1(2-54(D)) 1-76 1(2-59) 1-98 1(2-60) 1-99 1(2-65) 1-100 1(2-70) 1-43 Ord. No. 266-C 8-28-1990 1 34-19 Ord. No. 268-C 9-11-1990 1 38-145-38-152 Ord. No. 269-C 9-11-1990 1 34-19 Ord. No. 270-C 10-9-1990 1 2-21 Ord. No. 274-C 6-9-1992 1 2-20 Ord. No. 275-C 6-9-1992 1 14-7 2 14-1 3 14-2 4 14-3 5 14-5 6 14-6 Ord. No. 276-C 8-11-1992 1 40-51 2 40-51 3 40-52 4 40-52 5 40-50 Ord. No. 277-C 4-13-1993 1 101-65 Ord. No. 278-C 7-13-1993 1 30-2 Ord. No. 281-C 11-8-1994 1(ch. 1, § 1) 101-1 1(ch. 1, § 2) 101-2 1(ch. 1, § 3) 101-3 1(ch. 1, § 4) 101-4 1(ch. 1, § 5) 101-5 1(ch. 1, § 6) 101-6 1(ch. 1, § 7) 101-7 1(ch. 1, § 8) 101-8 1(ch. 1, § 9) 101-9 1(ch. 2, § 1) 101-10 CCT:43 Legislation Date CLERMONT CODE 0 Section Section this Code 1(ch. 2, § 2) 101-11 1(ch. 2, § 3) 101-11 1(ch. 3, Art. I, § 1(A)) 101-176 1(ch. 3, Art. I, § 1(B)) 101-177 1(ch. 3, Art. I, § 2) 101-178 1(ch. 3, Art. I, § 3) 101-179 1(ch. 3, Art. I, § 4) 101-180 1(ch. 3, Art. I, § 4(A)) 101-181 1(ch. 3, Art. I, § 4(B)) 101-182 1(ch. 3, Art. I, § 4(C)) 101-183 1(ch. 3, Art. I, § 4(D)) 101-183 1(ch. 3, Art. I, § 4(E)) 101-184 1(ch. 3, Art. I, § 4(F)) 101-185 1(ch. 3, Art. II, § 1) 101-279 1(ch. 3, Art. II, § 1(A)) 101-280 1(ch. 3, Art. II, § 1(B)) 101-281 1(ch. 3, Art. II, § 1(C)) 101-282 1(ch. 3, Art. II, § 1(D)) 101-283 1(ch. 3, Art. II, § 1(E)) 101-284 1(ch. 3, Art. II, § 2(A)) 101-302 1(ch. 3, Art. II, § 2(B)) 101-303 1(ch. 3, Art. II, § 3) 101-12 1(ch. 3, Art. III, § 1(A)) 101-325 1(ch. 3, Art. III, § 1(B)) 101-326 1(ch. 3, Art. III, § 1(C)) 101-327 1(ch. 3, Art. III, § 1(D)) 101-328 1(ch. 3, Art. IV, § 1(A)) 101-103, 101-104 1(ch. 3, Art. IV, § 2(A)) 101-122 1(ch. 3, Art. IV, § 2(B)) 101-123 1(ch. 3, Art. IV, § 2(C)) 101-124 1(ch. 4, § 1) 103-1 1(ch. 4, § 2(A)) 103-2 1(ch. 4, § 2(B)) 103-3 1(ch. 4, § 2(C)) 103-4 1(ch. 4, § 2(D)) 103-5 1(ch. 4, § 3) 103-6 1(ch. 4, § 4) 103-7 1(ch. 4, § 5) 103-8 1(ch. 4, § 6) 103-9 1(ch. 4, § 7) 103-10 1(ch. 4, § 8) 103-11 1(ch. 5, § 1) 119-2-119-4 1(ch. 5, § 2) 119-1 1(ch. 5, § 3) 119-5 1(ch. 5, § 4) 119-6 1(ch. 5, § 5(A)) 119-120 1(ch. 5, § 5(B)) 119-121 1(ch. 5, § 5(C)) 119-122 1(ch. 5, § 6(A)) 119-143 1(ch. 5, § 6(B)) 119-144 1(ch. 5, § WAD 119-172 1(ch. 5, § 7(B)) 119-173 1(ch. 5, § 8) 119-8 1(ch. 5, § 9) 119-200 1(ch. 5, § 9(A)) 119-228 1(ch. 5, § 9(AX1)) 119-229 1(ch. 5, § 9(AX2)) 1(ch. 5, § 9(B)) 119-230 119-231 1(ch. 5, § 9(C)) 119-258 CCT:44 • CODE COMPARATIVE TABLE Section Legislation Date Section this Code 1(ch. 5, § 9(D)) 119-259 1(ch. 5, § 9(E)) 119-232 1(ch. 5, § 9(F)) 119-201 1(ch. 5, § 9(G)) 119-282 1(ch. 5, § 9(G)(1)) 119-283 1(ch. 5, § 9(G)(2)) 119-284 1(ch. 5, § 9(G)(3)) 119-285 1(ch. 5, § 9(G)(4)) 119-286 1(ch. 5, § 10) 119-306, 119-307 1(ch. 5, § 10(A)) 119-308 1(ch. 5, § 10(B)) 119-309 1(ch. 5, § 10(C)) 119-310 1(ch. 5, § 10(D)) 119-311 1(ch. 5, § 10(E)) 119-312 1(ch. 5, § 10(F)) 119-313 1(ch. 5, § 10(G)) 119-314 1(ch. 5, § 10(H)) 119-315 1(ch. 5, § 10(I)) 119-316 1(ch. 5, § 10(J)) 119-317 1(ch. 5, § 11) 119-63 1(ch. 5, § 11(A)) 119-64 1(ch. 5, § 11(B)) 119-65 1(ch. 5, § 12(A)) 119-35 1(ch. 5, § 12(B)) 119-36 1(ch. 5, § 12(C)) 119-37 1(ch. 5, § 12(D)) 119-7 1(ch. 5, § 12(E)) 119-318 1(ch. 6, Art. I, § 1) 101-209 1(ch. 6, Art. I, § 2(A)) 101-210 1(ch. 6, Art. I, § 2(B)) 101-211 1(ch. 6, Art. I, § 2(C)) 101-212 1(ch. 6, Art. I, § 2(D)) 101-213 1(ch. 6, Art. 1, § 2(E)(1)) 101-214 1(ch. 6, Art. I, § 2(EX2)) 101-215 1(ch. 6, Art. I, § 2(EX3)) 101-216 1(ch. 6, Art. II, § 1) 125-482, 125-483 1(ch. 6, Art. II, § 2(A)) 125-484 1(ch. 6, Art. II, § 2(B)) 125-485 1(ch. 6, Art. II, § 2(C)) 125-486 1(ch. 6, Art. II, § 2(D)) 125-487 1(ch. 6, Art. II, § 2(E)) 125-488 1(ch. 6, Art. II, § 2(F)) 125-489 1(ch. 6, Art. II, § 2(G)) 125-490 1(ch. 7) 125-107-125-111 — 125-136-125-140 — 125-164-125-168 — 125-190-125-195 — 125-214-125-219 — 125-247-125-252 — 125-310-125-315 — 125-334-125-339 — 125-367-125-374 — 125-394-125-399 1(ch. 7, § 1(A)) 125-58 1(ch. 7, § 1(B)) 125-59 1(ch. 7, § 1(C)) 125-60 1(ch. 7, § 1(D)) 125-61-125-63 1(ch. 8, § 1) 101-243 1(ch. 8, § 2(A)) 101-244 CCT:45 Legislation Date CLERMONT CODE 0 Section Section this Code 1(ch. 8, § 2(B)) 101-245 1(ch. 8, § 2(C)) 101-246 1(ch. 8, § 2(D)) 101-248-101-250 1(ch. 9, Art. III, § 1) 105-19 1(ch. 9, Art. III, § 2) 105-20 1(ch. 9, Art. III, § 3) 105-23 1(ch. 9, Art. III, § 4) 105-24 1(ch. 9, Art. III, § 5) 105-25 1(ch. 9, Art. III, § 6) 105-26 1(ch. 9, Art. III, § 7) 105-27 1(ch. 9, Art. III, § 8) 105-27 1(ch. 9, Art. III, § 9) 105-27 1(ch. 9, Art. III, § 10) 105-28 1(ch. 9, Art. III, § 11) 105-29 1(ch. 9, Art. III, § 12) 105-30 1(ch. 9, Art. III, § 13) 105-21 1(ch. 9, Art. III, § 14) 105-22 1(ch. 9, Art. III, App. A) 105-31 1(ch. 10) 105-51 1(ch. 10, Art. II, § 1) 105-114 1(ch. 10, Art. II, § 2(A)) 105-115 1(ch. 10, Art. II, § 2(B)) 105-116 1(ch. 10, Art. II, § 3) 105-117 1(ch. 10, Art. II, § 4) 105-118 1(ch. 10, Art. II, § 5) 105-119 1(ch. 10, Art. II, § 6) 105-120 1(ch. 10, Art. II, § 7) 105-121 1(ch. 10, Art. II, § 8) 105-122 1(ch. 11, § 1) 101-347-101-349 1(ch. 11, § 2) 101-350 1(ch. 11, § 3) 101-351 1(ch. 11, § 4) 101-352 1(ch. 11, § 5) 101-353 1(ch. 11, § 6) 101-354 1(ch. 11, § 7) 101-355 1(ch. 11, § 8) 101-356 1(ch. 11, § 9) 101-357 1(ch. 11, § 10) 101-358 1(ch. 11, § 11) 101-359 1(ch. 11, § 12) 101-360 1(ch. 11, § 13) 101-361 1(ch. 12, § 1) 115-1 1(ch. 12, § 2(A)) 115-2 1(ch. 12, § 2(AX1)) 115-3 1(ch. 12, § 2(AX2)) 115-3 1(ch. 12, § 2(A)(3)) 115-3 1(ch. 12, § 2(AX4)) 115-3 1(ch. 12, § 2(A)(5)) 115-4 1(ch. 12, § 2(B)) 115-5 1(ch. 12, § 2(C)) 115-6 1(ch. 12, § 2(D)) 115-7 1(ch. 12, § 2(E)) 115-8 1(ch. 12, § 2(F)) 115-9 1(ch. 12, § 2(G)) 115-10 1(ch. 12, § 2(H)) 115-11 1(ch. 12, § 2(I)) 115-12 1(ch. 12, § 3) 1(ch. 13, § 1) 115-13 123-2 1(ch. 13, § 2) 123-1 CCT:46 • • �J CODE COMPARATIVE TABLE Section Legislation Date Section this Code 1(ch. 13, § 3(A)) 123-37 1(ch. 13, § 3(B)) 123-38 1(ch. 13, § 3(C)) 123-39 1(ch. 13, § 3(D)) 123-40 1(ch. 13, § 3(F)) 123-42 1(ch. 13, § 4) 123-43 1(ch. 13, § 5) 123-44 1(ch. 13, § 6) 123-45 1(ch. 13, § 7) 123-46 1(ch. 13, § 8) 123-100 1(ch. 13, § 8(A)) 123-101 1(ch. 13, § 8(B)) 123-101 1(ch. 13, § 9) 123-102 1(ch. 13, § 10) 123-74 1(ch. 13, § 11) 123-75 1(ch. 13,§ 12) 123-76 1(ch. 13, § 13(A)) 123-3 1(ch. 13, § 13(B)) 123-4 1(ch. 13, § 13(C)) 123-5 1(ch. 13, § 13(D)) 123-6, 123-7 1(ch. 13, § 13(E)) 123-8 1(ch. 13, § 14) 123-9 1(ch. 13, § 15) 123-77, 123-78 1(ch. 14, § 1) 121-1 1(ch. 14, § 2(A)) 121-2 1(ch. 14, § 2(B)) 121-3 1(ch. 14, § 3) 121-4 1(ch. 14, § 4) 121-5 1(ch. 14, § 5) 121-6 1(ch. 14, § 6) 121-7 1(ch. 14, § 7) 121-8 1(ch. 14, § 8) 121-9 1(ch. 15, § 1) 117-1 1(ch. 15, § 2) 117-2 1(ch. 15, § 3) 117-6 1(ch. 15, § 4(A)) 117-7 1(ch. 15, § 4(B)) 117-8, 117-9 1(ch. 15, § 4(C)) 117-10 1(ch. 15, § 4(D)) 117-11 1(ch. 15, § 4(E)) 117-12 1(ch. 15, § 5) 117-13 1(ch. 15, § 5(A)) 117-14 1(ch. 15, § 5(B)) 117-14 1(ch. 15, § 6) 117-15 1(ch. 15, § 7) 117-16 1(ch. 15, § 8(A)) 117-17 1(ch. 15, § 8(B)) 117-18 1(ch. 15, § 8(C)) 117-19 1(ch. 15, § 8(D)) 117-20 1(ch. 15, § 8(E)) 117-21 1(ch. 15, § 8(F)) 117-22 1(ch. 15, § 8(G)) 117-23 1(ch. 15, § 9) 117-24 1(ch. 15, § 10) 117-3 1(ch. 15, § 11) 117-4 1(ch. 15, § 12) 117-5 1(ch. 16, Art. I, § 1) 125-519 1(ch. 16, Art. I, § 2) 125-520 1(ch. 16, Art. I, § 3) 125-521 CCT:47 CLERMONT CODE Section Legislation Date Section this Code 1(ch. 16, Art. I, § 4) 125-522 1(ch. 16, Art. I, § 5) 125-523 1(ch. 16, Art. I, § 6) 125-524 1(ch. 16, Art. I, § 7(A)) 125-529 1(ch. 16, Art. I, § 7(B)) 125-529 1(ch. 16, Art. I, § 7(C)) 125-530 1(ch. 16, Art. I, § 8) 125-531 1(ch. 16, Art. II, § 1(A)) 125-21 1(ch. 16, Art. II, § 1(B)) 125-22 1(ch. 16, Art. II, § 1(C)) 125-23 1(ch. 16, Art. II, § 1(D)) 125-24 1(ch. 16, Art. II, § 1(E)) 125-25 1(ch. 16, Art. II, § 1(F)) 125-26 1(ch. 16, Art. II, § 2) 125-27 1(fig. 16-1) 125-1 1(figs.5-1-5-3) 119-319 1(figs.12-1A-12-1C) 115-15 1(figs.13-1-13-5) 123-50 1(fig. 14-A) 121-8 1(figs. 15-1-15-7) 117-25 1(table 12-1) 115-14 1(table 13-1) 123-47 1(table 13-2) 123-48 1(table 13-3) 123-49 1(table 14-1) 121-4 Ord. No. 282-C 4-11-1995 2 111-1 3 111-2 4 111-3 5 111-4 6 111-5 7 111-6 8 111-7 9 111-8 10 111-9 Ord. No. 285-C 3-12-1996 I 125-529 Ord. No. 313-M 6-11-1996 1 24-10 Ord. No. 287-C 5-26-1998 I 125-373 II 125-110 — 125-139 — 125-167 — 125-194 — 125-218 — 125-251 — 125-314 — 125-338 — 125-371 — 125-398 Ord. No. 290-C 10-27-1998 I 103-7 II 125-217 — 125-250 III 125-108, 125-109 — 125-137, 125-138 — 125-165, 125-166 — 125-192,125-193 — 125-216,125-217 — 125-249, 125-250 Ord. No. 291-C 2-23-1999 I II 101-210 101-244 III 101-280 CCT:48 CODE COMPARATIVE TABLE Section Legislation Date Section this Code IV 101-351 V 125-487 Ord. No. 292-C 4-13-1999 I 125-313 I1 125-336 III 125-337 IV 125-370 V 125-397 Ord. No. 293-C 5-25-1999 1 111-3 2 111-4 Ord. No. 294-C 9-28-1999 2 101-216 — 101-248 — 101-352 — 105-114 — 115-14 — 117-7 — 117-12 — 119-8 — 119-36 — 119-229 — 119-231 — 119-283 — 119-310 — 119-314,119-315 — 121-2-121-6 — 123-1 — 123-42 — 123-44 — 123-47 — 123-102 — 125-22 — 125-27 — 125-337 — 125-398 — 125-521 Ord. No. 295-C 5-23-2000 2 119-172 Ord. No. 296-C 5-23-2000 2 125-556-125-561 Ord. No. 297-C 5-23-2000 1 125-614-125-619 Ord. No. 298-C 6-27-2000 2 125-111 — 125-140 — 125-168 — 125-195 — 125-219 — 125-252 — 125-315 — 125-339 — 125-399 Ord. No. 299-C 6-27-2000 2 125-216, 125-217 — 125-249,125-250 — 125-312, 125-313 — 125-336, 125-337 — 125-369, 125-370 — 125-396, 125-397 Ord. No. 300-C 6-27-2000 2 125-110 — 125-139 — 125-167 — 125-194 — — 125-218 125-251 Ord. No. 301-C 9-26-2000 2 125-139 CCT:49 CLERMONT CODE Section Legislation Date Section this Code — 125-167 Ord. No. 302-C 11-7-2000 2 105-76-105-85 Ord. No. 303-C 11-30-2000 1 34-164-34-168 Ord. No. 303-C 3-27-2001 18-192 Ord. No. 306-C 3-27-2001 — 121-4 2 101-211, 101-212 — 101-245 — 101-281 — 105-118 — 117-8 — 119-120 — 119-311 — 121-8 — 123-5 — 123-39 — 125-315 — 125-339 — 125-521 Ord. No. 307-C 3-27-2001 — 18-188-18-191 18-193,18-194 Ord. No. 309-C 6-26-2001 II 117-15 — 123-2 — 123-42 Ord. No. 308-C 7-10-2001 1 109-1-109-10 Ord. No. 310-C 7-24-2001 2 121-4 — 121-6 — 123-39 — 123-42 II 125-557 Ord. No. 311-C 11-13-2001 1 123-1 — 123-3 — 123-38-123-44 — 123-102 Ord. No. 317-C 11-27-2001 — 123-47 Ord. No. 318-C 1-8-2002 — 6-1-6-13 — 6-45-6-51 — 6-76-6-80 — 6-104-6-107 Ord. No. 319-C 9-24-2002 1 14-10 Ord. No. 324-C 5-13-2003 1 14-2 2 14-7 Ord. No. 327-C 9-23-2003 I 105-82 Ord. No. 330-C 1-27-2004 2 101-62 3 101-68 Ord. No.332-C 3-23-2004 2 101-217 Ord. No. 333-C 3-23-2004 2 101-11 3 101-11 4 125-217 — 125-250 — 125-313 — 125-337 — 125-370 5 125-525 Ord. No. 336-C 4-13-2004 1.1 18-213 1.2 18-214 1.3 18-212 1.4 18-216 2.1 18-246 2.2 18-247 • • L- CCT:50 CODE COMPARATIVE TABLE Section Legislation Date Section this Code 2.3 18-248 2.4 18-249 2.5 18-250 2.6 18-245 3.1 18-279 3.2 18-280 3.3 18-281 3.4 18-282 Ord. No. 337-C 4-13-2004 1 38-114 2 38-116 3 38-117 4 38-118 5 38-119 6 38-120 7 38-121 8 38-123 9 121-4 Ord. No. 339-C 4-27-2004 I 121-8 Ord. No. 340-C 4-27-2004 I 125-521 Ord. No. 338-C 6-22-2004 1 123-39-123-43 — 123-47 — 123-49, 123-50 Ord. No. 343-C 3-22-2005 1 6-78 Ord. No. 320-C 4-26-2005 2 117-2 — 117-10 — 117-12 — 117-15 0 — 117-23 Ord. No. 345-C 7-26-2005 2 24-14 Ord. No. 346-C 8-9-2005 2 24-14 Ord. No. 348-C 11-8-2005 1 111-3 2 111-4 3 111-5 Ord. No. 349-C 1-10-2006 1 8-71 2 125-531 Ord. No. 347-C 4-25-2006 I 123-43 Ord. No. 350-C 7-11-2006 1 12-21 Ord. No. 351-C 12-12-2006 1 34-126-34-140 Ord. No. 353-C 1-9-2007 1 1-77 Ord. No. 354-C 1-9-2007 2 1-129-1-134 Ord. No. 355-C 10-23-2007 102-7 117-7 110-173 119-202 122-84 125-110 122-104 125-139 122-124 125-167 122-145 125-194 122-165 125-218 122-185 125-251 122-205 125-314 122-206 125-315 122-225 125-338 122-226 125-339 122-243 125-369 122-245 125-371 122-265 125-398 Ord. No. 356-C 5-13-2008 1 14-2 Ord. No, 357-C Ord. No. 359-C 6-10-2008 6-10-2008 1 1 4-2 36-25 2 36-26 CCT:51 CLERMONT CODE Legislation Date Section 3 Ord. No. 358-C 7-22-2008 1 Ord. No. 360-C 8-12-2008 2(90-6) 2(90-7) Ord. No. 363-C 11-25-2008 1 Ord. No. 364-C 2-24-2009 2 Ord. No. 365-C 5-26-2009 1 Ord. No. 367-C 5-26-2009 1 Ord. No. 368-C 9-22-2009 2 Ord. No. 371-C 10-27-2009 1 Ord. No. 372-C 11-10-2009 1 Ord. No. 370-C 11-24-2009 2 3 Ord. No. 373-C 11-24-2009 2 Ord. No. 374-C 11-24-2009 2 Ord. No. 2010-01-C 1-26-2010 2 Ord. No. 2010-05-C 3-23-2010 2 Ord. No. 2010-07-C 3-23-2010 1 Ord. No. 2010-04-C 4-13-2010 1 Ord. No. 2010-09-C 8-24-2010 2 Ord. No. 2010-10-C 9-14-2010 1 Ord. No. 2010-11-C 9-28-2010 1 Ord. No. 2010-12-C 9-28-2010 2 Ord. No. 2011-02-C 4-26-2011 1 Ord. No. 2011-03-C 7-12-2011 2 Ord. No. 2011-05-C 10-25-2011 2 Ord. No. 2012-02-C 11-27-2012 2 Ord. No. 2012-04-C 12-11-2012 2 Section this Code 36-28 2-98 103-6 103-7 12-24 103-41, 103-42 8-9 36-47 125-60 125-461-125-463 10-22 30-2 101-11 125-397 115-14 125-60 125-283-125-288 125-373 113-19-113-25 113-45-113-51 113-71-113-73 101-62 101-248 117-25 125-312, 125-313 125-336 125-369 125-373 125-520,125-521 125-529,125-530 34-19 101-325 101-329 125-60, 125-61 125-85-125-89 125-427-125-431 32-115-32-121 18-212-18-218 18-245-18-250 18-279-18-282 34-126-34-140 117-2 117-7, 117-8 117-18 123-101 4-1 10-22 18-88 18-92, 18-93 103-6 111-2 123-74 125-519 24-109-24-115 117-7, 117-8 117-23 123-44 101-11 107-1-107-17 CCT:52 CODE COMPARATIVE TABLE Section Legislation Date Section this Code — 107-63-107-71 — 107-101-107-108 — 107-130-107-133 — 107-165-107-170 — 107-194-107-201 — 107-226-107-228 — 107-250 — 107-279,107-280 — 107-309-107-313 — 107-345-107-352 — 107-378, 107-379 — 107-402-107-405 — 107-424-107-427 Ord. No. 2012-03-C 12-12-2012 1 36-47, 36-48 Ord. No. 2013-04 2-26-2013 2 115-16, 115-17 — 117-2 — 117-7 — 117-15 — 123-42, 123-43 — 125-312,125-313 — 125-315 — 125-336,125-337 — 125-339 Ord. No. 2013-10 7-23-2013 1 34-20 Ord. No. 2013-11 7-23-2013 2 117-8 — 123-4 — 125-521 Ord. No. 2014-01 1-28-2014 1 111-4 Ord. No. 2014-14 6-10-2014 2 123-42 — 123-47 — 123-74 Ord. No. 2014-16 6-10-2014 1 28-1-28-4 — 28-27-28-33 — 28-55 — 28-114 Ord. No. 2014-24 9-23-2014 2 125-369, 125-370 — 125-531 Ord. No. 2014-25 9-23-2014 2 125-522 Ord. No. 2014-23 10-28-2014 1 28-2 Ord. No. 2014-36 10-28-2014 1 28-1 Ord. No. 2014-34 12-9-2014 2 123-41 Ord. No. 2015-01 1-13-2015 2 4-3 — 125-526 Ord. No. 2015-05 2-10-2015 1 28-1 Ord. No. 2015-08 3-10-2015 1 101-65 Ord. No. 2015-68 8-11-2015 2 101-104 Ord. No. 2015-75 10-27-2015 2 125-482-125-490 Ord. No. 2015-78 12-8-2015 2 32-90 — 115-9, 115-10 — 119-319 Ord. No. 2015-79 12-8-2015 2 18-19-18-32 Ord. No. 2016-06 1-26-2016 2 36-29 Ord. No. 2015-74 3-8-2016 1 32-141-32-147 Ord. No. 2016-22 6-14-2016 2 26-19-26-35 — 26-37 Ord. No.2016-26 6-28-2016 2 119-308 Ord. No. 2016-27 Ord. No. 2016-34 6-28-2016 7-26-2016 2 1 125-336,125-337 1-41-1-43 2 1-75-1-77 CCT:53 CLERMONT CODE Section Legislation Date Section this Code Ord. No. 2016-35 8-9-2016 2 20-19-20-21 Ord. No. 2016-31 8-23-2016 2 115-5 Ord. No. 2016-33 8-23-2016 1 32-180-32-185 2 4-3 Ord. No. 2016-42 10-25-2016 2 1-130 Ord. No. 2016-48 11-8-2016 2 101-11 3 125-397 Ord. No. 2017-07 2-14-2017 1 2-21 Ord. No. 2017-22 2-28-2017 2 125-375 Ord. No. 2017-31 8-8-2017 1 12-19 — 12-25 Ord. No. 2017-32 9-26-2017 2 101-11 — 125-397 3 10-120-10-124 Ord. No. 2017-51 11-28-2017 1 38-6 2 38-148 3 38-149 4 38-152 Ord. No. 2018-01 1-23-2018 2 18-23 — 18-26 — 101-243-101-250 — 125-484 Ord. No. 2018-20 5-22-2018 1 32-142, 32-143 — 32-148 Ord. No. 2018-28 8-28-2018 2 115-1-115-14 — 115-16, 115-17 — 123-44 Ord. No. 2018-30 10-9-2018 2 125-527 Ord. No. 2019-23 6-11-2019 1 32-144 Ord. No. 2019-28 1-28-2020 2 125-586-125-590 Ord. No. 2020-23 5-26-2020 2 107-4 — 107-7 — 107-66 — 107-70 — 107-108 — 107-130-107-132 — 107-168 — 107-198 — 107-250 — 107-280 — 107-346 — 107-351 — 107-404 — 107-424 Ord. No. 2020-19 6-23-2020 2 125-527 Ord. No. 2020-20 6-23-2020 2 125-528 Ord. No. 2020-22 6-23-2020 2 125-375 Ord. No. 2020-25 7-14-2020 2 10-120, 10-121 — 10-123 3 101-11 4 125-312 — 125-336 — 125-369 Ord. No. 2020-28 7-28-2020 2 103-42 Ord. No. 2020-31 9-22-2020 2 40-19-40-23 Ord. No. 2020-32 9-22-2020 2 26-20 3 4 26-36 26-37 Ord. No. 2020-33 10-27-2020 2 103-7 CCT:54 CODE COMPARATIVE TABLE Section Legislation Date Section this Code Ord. No. 2020-38 11-10-2020 2 117-26 Ord. No. 2021-012 3-23-2021 2 28-1 3 28-55 3(exh. A) 28-56-28-85 4 28-114 4(exh. B) 28-115-28-144 Ord. No. 2021-014 5-25-2021 2 40-19-40-23 Ord. No. 2021-016 6-8-2021 2 40-78-40-82 Ord. No. 2021-028 10-26-2021 1 8-9 Ord. No. 2022-007 2-22-2022 1(2-186) 1-41 1(2-187) 1-42 2(2-206) 1-75 2(2-207) 1-76 2(2-208) 1-77 Ord. No. 2022-008 2-22-2022 2(62-48) 36-70 2(62-49) 36-71 2(62-50) 36-72 2(62-51) 36-73 2(62-52) 36-74 2(62-53) 36-75 2(62-54) 36-76 2(62-55) 36-77 2(62-56) 36-78 2(62-57) 36-79 2(62-58) 36-80 2(62-59) 36-81 2(62-60) 36-82 2(62-61) 36-83 2(62-62) 36-84 2(62-63) 36-85 2(62-64) 36-86 2(62-65) 36-87 Ord. No. 2022-023 5-24-2022 1 32-143,32-144 Ord. No. 2022-019 6-28-2022 2(122-295) 125-464 Ord. No. 2022-031 7-12-2022 2(34-150) 18-163 2(34-151) 18-164 2(34-152) 18-165 2(34-153) 18-166 2(34-154) 18-167 Ord. No. 2022-030 8-9-2022 1 40-81, 40-82 Ord. No. 2022-037 9-27-2022 2 117-26 • CCT:55 �J �J STATE LAW REFERENCE TABLE This table shows the location within the Charter and Code, either in the text or notes following the text, of references to Florida Statutes (F.S.). F.S. Section F.S. Section Section this Code Section this Code 1.01 123-1 163.2511 et seq. Char. § 60 ch.48 6-48 — 101-2 60.05 et seq. Ch. 18, Art. III — 103-1 70.20 Ch. 117 (note) 163.25111 et seq. Char. § 58 92.50 28-63 163.3161 et seq. Char. Art. VIII — 28-122 — 101-11 chs. 97-106 Char. Art. II 163.3184 Ch. 101, Art. V — Char. Art. III — 101-281 — Ch. 14 (note) 163.3202 101-3 99.012 Char. § 12 163.3220— 101-217 99.095 Char. § 28 163.3243 106.1435 Ch. 117 (note) — 103-4 — 117-18 163.3221 101-217 ch. 112 28-121 ch. 166 Char. (note) 112.18 28-121 — Char. § 2 112.181 28-121 — Char. § 37 112.1816 28-121, 28-122 — Char. § 55 112.311 et seq. Char. Art. II — Char. § 56 112.3143 28-58 — Ch. 2 (note) — 28-117 — Ch. 6 (note) 112.501 Ch. 2, Art. III — Ch. 8 (note) 112.60 et seq. Ch. 28 (note) — Ch. 10 (note) ch. 119 Ch. 2, Art. II — Ch. 12 (note) ch. 121 28-73 — Ch. 16 (note) — 28-132 — Ch. 18 (note) ch. 161 Ch. 40 (note) — Ch. 20 (note) 161.055 107-108 — Ch. 24 (note) ch. 162 Ch. 1, Art. II — 24-109 — 1-41 — Ch. 26 (note) — 1-75, 1-76 — 38-145 — 6-6 — Ch. 40 (note) — 109-10 — 101-2 162.01 et seq. 10-124 — 109-10 — 40-79 166.021(5) Char. § 6 162.02 1-41 — Char. § 18 162.05 Ch. 1, Art. II, — Char. § 34 Div. 2 — Char. § 39 162.05(3) 1-76 166.033 Ch. 101, Art. III, 162.06(4) 1-98 Div. 2 162.11 1-100 166.041 Char. § 20 162.13 1-42, 1-43 — Ch. 2, Art. II 162.21 et seq. 1-129 — Ch. 101, Art. V — 1-132 166.041(3)(c) 101-281 — 10-124 166.0425 Ch. 117 (note) — 40-79 166.101 et seq. Char. Art. VI 162.21(6) 1-132 — Char. Art. X ch. 163 Char. § 4 — Ch. 2, Art. V SLT:1 CLERMONT CODE 0 F.S. Section F.S. Section Section this Code Section this Code 166.201 et seq. Ch. 2, Art. V - 2-22 - Ch. 34 (note) ch. 316 26-22 166.231 et seq. Ch. 34, Art. II - Ch. 36 (note) 166.241 Char. § 17 316.003(13) 36-70 - Char. § 35 316.003(24) 26-20 ch. 170 Ch. 32 (note) 316.003(38) 26-20 ch. 175 Ch. 28, Art. IV 316.003(48) 26-20 - 28-118 316.007 Ch. 36 (note) - 28-121 316.008 Ch. 36 (note) - 28-131 316.008(1)(a) Ch. 36, Art. II - 28-133 316.008(1)(e) 26-22 - 28-143 316.0083 36-47, 36-48 - 34-73 316.194 36-1 175.071 28-118 316.1945 et seq. Ch. 36, Art. II 175.091 28-131 316.1967 36-28 175.101 Ch. 34, Art. III, 316.2065 36-79 Div. 2 316.2122 36-79 175.231 28-121 316.293 Ch. 18, Art. II 175.261 28-127 - 18-26 175.351 28-143 ch.318 36-29 ch. 177 101-11 318.18 36-29 - 119-173 318.18(1) 24-10 - 119-308 318.18(2) 24-10 177.011 et seq. Ch. 119 (note) 318.18(21) 36-29 ch. 180 Ch. 32 (note) 319.33(1)(d) 36-29 0 ch. 185 Ch. 28, Art. III 320.01 36-29 - 28-59 - 107-4 - 28-72 320.01(1) 18-21 - 28-74 320.02 36-29 - 28-84 320.261 36-29 - 34-106 320.27(1)(04 36-29 185.06 28-59 320.27(5) 36-29 185.08 Ch. 34, Art. III, 320.8249 107-345 Div. 3 ch. 327 Ch. 40 (note) 185.221 28-68 327.02(36) 40-78 185.35 28-84 327.02(37) 40-78 ch. 186 et seq. Char. Art. VIII 327.02(47) 40-78 ch. 192 et seq. Ch. 34 (note) 327.39 40-80, 40-81 196.075 34-164 336.045 Ch. 32, Art. II, 196.131 34-165 Div. 3 196.161 34-165 336.09 et seq. Ch. 32 (note) ch. 205 Ch. 34, Art. IV - Ch. 32, Art. II, 205.063 et seq. 34-134 Div. 2 206.9925 26-23 337.407 Ch. 117 (note) ch. 218 Char. Art. VI ch. 366 Ch. 38 (note) - Ch. 2, Art. V 366.02 107-103 218.32 et seq. Char. § 17 ch. 367 Ch. 38 (note) ch. 252 Ch. 16 (note) ch. 373 18-212 ch. 267 Ch. 109 (note) ch. 373 et seq. Ch. 18 (note) ch. 280 28-59 373.036 107-108 - 28-118 373.185 18-279 280.02 28-59 373.228 18-246 - 28-118 376.031 26-23 286.011 Ch. 2, Art. II ch. 380 103-4 SLT:2 • • • F.S. Section 380.031 381.0065 ch. 386 ch. 395 401.2101 et seq. ch. 403 403.413 403.415 403.702 et seq. 403.706 403.850 et seq. ch. 440 465.003 468.601 et seq. ch. 479 ch. 489 489.501 et seq. 496.401 et seq. ch. 497 501.021 501.021 et seq. 501.022 ch. 515 ch. 551 ch. 553 553.501 et seq. 553.60 et seq. 553.73(5) 553.73(10)(k) ch. 561 et seq. 562.14 562.45(2) 604.50 ch. 633 633.208 633.35 ch. 650 650.02 713.78 ch. 767 767.12 ch. 775 et seq. 775.082 775.083 STATE LAW REFERENCE TABLE Section this Code 101-217 107-108 Ch. 18, Art. III 28-63 28-122 Ch. 16 (note) Ch. 18 (note) 24-5 Ch. 30 (note) Ch. 18, Art. II 18-26 Ch. 30 (note) Ch. 30 (note) 38-123 28-63 101-11 8-2 Ch. 117 (note) Ch. 8 (note) Ch. 16, Art. II Ch. 10, Art. II Ch. 12 (note) 10-54 10-88 Ch. 10, Art. II 10-54 10-88 125-589 24-113 Ch. 8 (note) 101-243 Ch. 32 (note) 107-194 107-103 Ch. 4 (note) 4-1, 4-2 4-1, 4-2 107-103 Ch. 20 (note) 28-141 20-20, 20-21 28-115 Ch. 28, Art. II 28-27 28-27 36-29 Ch. 6 (note) 6-1 6-6 6-49 6-49 Ch. 24 (note) 1-132 1-132 F.S. Section 790.001 790.33 791.01 ch. 794 794.011 ch. 796 800.04 ch. 823 827.071 ch. 828 828.03 828.27(1)(fl ch. 838 843.19 ch. 847 847.0145 ch. 849 876.05 877.03 877.20 et seq. 893.02(3) 933.21 ch. 943 943.10(1) 943.1395 Section this Code 26-25 26-25 26-25 28-76 28-135 24-14 113-23 24-14 28-76 28-135 Ch. 18, Art. III 24-14 Ch. 6 (note) 6-1 6-5, 6-6 6-105 6-6 28-76 28-135 6-79 113-22 24-14 24-114 2-20 32-118 Ch. 24, Art. II, Div. 2 10-120 38-116 28-82 6-6 28-56 SLT:3 CHARTER INDEX Section A CITY BOUNDARIES; CORPORATE AUTHORITY (Cont'd.) ADMINISTRATION Intergovernmental relations ............ . City manager Powers of the city . . . . . . . . . . . . . . . . . . . . . . Appointment; removal; qualifications; participation by council regarding CITY CLERK administrative services .......... 31 City council ............................ AUDITS CITY COUNCIL City council Adoption of ordinances and resolutions . . Independent audit ................... 17 Authentication and recording; codifica- tion; printing ...................... B City Clerk .............................. City officers; bond ...................... BANKS. See: FINANCIAL PROCEDURES Compensation .......................... BOARDS, COMMISSIONS AND COMMIT- Council ................................ TEES Executing legal instruments ............ Planning and zoning Finance Director ....................... Board of adjustment ................. 63 General duties and powers .............. Planning and zoning commission...... 62 Independent audit ...................... Judge of qualifications .................. BONDS, SURETY OR PERFORMANCE Mayor pro tem ......................... City council Procedure .............................. City officers; bond .................... 16 Prohibitions............................ Municipal bonds ........................ 65 et seq. Resign to run .......................... See: MUNICIPAL BONDS Vacancies; forfeiture of office; filling of BOUNDARIES vacancies ......................... City boundaries; corporate authority..... See: CITY BOUNDARIES; 1 et seq. CITY MANAGER Absence or disability .................... CORPORATE AUTHORITY Appointment; removal; qualifications; BUDGET. See: FINANCIAL PROCEDURES participation by council regarding administrative services ............ C Compensation .......................... Powers and duties ...................... CHARTER City boundaries; corporate authority..... 1 et seq. CLERK. See: CITY CLERK See: CITY BOUNDARIES; COMMUNITY DEVELOPMENT. See:PLAN- CORPORATE AUTHORITY NING AND ZONING City council ............................ 6 et seq, See: CITY COUNCIL COUNCIL. See: CITY COUNCIL City manager .......................... 31 et seq. See: CITY MANAGER Financial procedures .................... 35 et seq. D See: FINANCIAL PROCEDURES DEVELOPMENT. See: PLANNING AND Municipal bonds ........................ 65 et seq. ZONING See: MUNICIPAL BONDS Nominations and elections .............. 24 et seq. DISABLED OR HANDICAPPED PERSONS See: NOMINATIONS AND ELECTIONS City manager Pensions ............................... 64 et seq. Absence or disability................. See: PENSIONS Planning and zoning .................... 55 et seq. DISTRICTS See: PLANNING AND ZONING Planning and zoning .................... Transitional provisions ................. 66 et seq. See: TRANSITIONAL PROVISIONS E CITY BOUNDARIES; CORPORATE ELECTIONS. See: NOMINATIONS AND AUTHORITY ELECTIONS Chamber of Commerce .................. City created; boundaries ................ 5 1 EMPLOYEES. See: OFFICERS AND Construction of powers .................. 3 EMPLOYEES Section 4 2 14 20 23 14 16 7 6 23.1 15 9 17 13 8 18 10 12 11 33 31 34 32 33 57 CHTi:1 CLERMONT CODE Section Section F MUNICIPAL BONDS Generally .............................. 65 FEES, CHARGES AND RATES City boundaries; corporate authority..... 1 et seq. See: CITY BOUNDARIES; N CORPORATE AUTHORITY NOMINATIONS AND ELECTIONS FINANCIAL PROCEDURES Availability of list of qualified voters..... 28 Amendments after adoption ............. 39 City elections........................... 24 Budget................................. 37 City council O Finance Director ..................... 15 Council action on budget ................ 38 OFFICERS AND EMPLOYEES Fiscal year ............................. 35 City council Submission of budget ................... 36 City officers; bond .................... 16 Transfer of appropriations .............. 40 Pensions Pensions for employees; appropriations 64 FINES, FORFEITURES AND OTHER Transitional provisions PENALTIES Officers and employees ............... 66 City council Vacancies; forfeiture of office; filling of ORDINANCES, RESOLUTIONS, ETC. vacancies ....................... 11 City council Adoption of ordinances and resolutions 20 FORFEITURES. See: FINES, FORFEITURES AND OTHER PENAL- TIES P PENALTIES. See: FINES, FORFEITURES G AND OTHER PENALTIES GUARANTEES. See: BONDS, SURETY OR PENSIONS PERFORMANCE Pensions for employees; appropriations .. 64 PERFORMANCE BONDS. See: BONDS, H SURETY OR PERFORMANCE HANDICAPPED PERSONS. See: DISABLED PLANNING AND ZONING OR HANDICAPPED PERSONS Board of adjustment .................... 63 HEARINGS Districts ............................... 57 Planning and zoning General powers ......................... 55 Regulations subject to change; protest; Method of procedure .................... 59 hearings ........................ 60 Planning and zoning commission ........ 62 Purposes in view ....................... 58 Purposes of article; grant of power....... 56 I Regulations subject to change; protest; INCORPORATION AND POWERS hearings .......................... 60 City boundaries; corporate authority POWERS Construction of powers ............... 3 City boundaries; corporate authority Powers of the city .................... 2 Construction of powers ............... 3 City council Powers of the city .................... 2 General duties and powers ........... 9 City council City manager General duties and powers ........... 9 Powers and duties .................... 32 City manager Planning and zoning Powers and duties.................... 32 General powers ...................... 55 Planning and zoning General powers ...................... 55 M MANAGER. See: CITY MANAGER Q MAYOR QUALIFICATIONS City council City council Mayor pro tem ....................... 8 Judge of qualifications ............... 13 CHTi:2 • • • QUALIFICATIONS (Cont'd.) City manager Appointment; removal; qualifications; participation by council regarding administrative services .......... Nominations and elections Availability of list of qualified voters . . R RATES. See: FEES, CHARGES AND RATES RECORDS AND REPORTS City council Authentication and recording; codifica- tion; printing ................... REPORTS. See: RECORDS AND REPORTS RESOLUTIONS. See: ORDINANCES, RESOLUTIONS, ETC. RETIREMENT. See: PENSIONS S SECURITIES. See: BONDS, SURETY OR PERFORMANCE SURETY BONDS. See: BONDS, SURETY OR PERFORMANCE T TRANSITIONAL PROVISIONS Departments, offices and agencies ....... Officers and employees ................. Pending matters ........................ State and municipal laws ............... V VOTING. See: NOMINATIONS AND ELEC- TIONS Z ZONING. See: PLANNING AND ZONING CHARTER INDEX Section 31 28 23 67 66 68 69 Section CHTi:3 • • A ABANDONMENT Environment and natural resources ..... See: ENVIRONMENT AND NATURAL RESOURCES Land development code (Subpart B) Nonconformances Abandonment of nonconforming use Streets, sidewalks and other public places Streets Closing Recording of ordinances closing and abandoning streets..... ABATEMENT Environment and natural resources Nuisances generally Notice to abate .................... ADMINISTRATION Boards, committees and commissions .... See: BOARDS, COMMITTEES AND COMMISSIONS City council ............................ See: CITY COUNCIL Finance ................................ See: FINANCE Officers and employees ................. See: OFFICERS AND EMPLOYEES CODE INDEX Section AMUSEMENTS AND ENTERTAINMENTS Businesses Circuses, carnivals, road shows and 18-88 et seq. similar types of entertainment; subject to council approval; excep- tions........................... Land development code (Subpart B) ..... 101-327 See: LAND DEVELOPMENT CODE (Subpart B) Streets, sidewalks and other public places See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 32-52 18-55 2-52 et seq. 2-19 et seq. 2-175 et seq. 2-98 et seq. ADVERTISING Offenses and miscellaneous provisions ... 24-2 et seq. See: OFFENSES AND MISCEL- LANEOUS PROVISIONS AGREEMENTS. See: CONTRACTS AND AGREEMENTS ALARMS SYSTEMS Alarm system operation responsibility ... 16-29 Appeal ................................. 16-26 Application of article .................... 16-21 Definitions ............................. 16-19 Disconnection of system ................. 16-25 Failure to disconnect or unauthorized recon- nection of system .................. 16-27 Fee for multiple false alarms ............ 16-24 Notice of existence ...................... 16-22 Penalty for violation of article provisions. 16-20 Reconnection of system ................. 16-28 Responsibility for false alarm, response and corrective action ............... 16-23 ALCOHOLIC BEVERAGES Consumption or possession upon public property; penalty .................. 4-3 Hours of sale ........................... 4-2 Licensing vendors near school or church; standard of measurement .......... 4-1 ANIMALS Animals urinating and defecating ....... Care and shelter of animals Animal cruelty or neglect ............. Animals found in distress; when agent may take charge ................ Confinement of animal in vehicle ..... Shelter and care of animals.......... . Definitions ............................. Domestic animals and wildlife Attack or bite by dangerous animals, penalties; confiscation ........... Birds and game sanctuary; unlawful to shoot or trap; bird nests protected Confinement of dangerous animals .... Dangerous animals ................... Livestock prohibited; exception ....... Number of animals permitted........ . Wildlife hybrids prohibited ........... Duties of animal control officer .......... Duty to keep animals under restraint while off property .................. Female dogs and cats in heat........... . Impoundments ......................... Injury to persons, animals, and property. Noisy animals; nuisance ................ Purpose and intent ..................... Rabies -susceptible animals Certificates and tags ................. City license fees ...................... Impoundment, quarantine when suspected of having rabies....... Reporting and confinement of rabies - susceptible animals which have bitten people or appear to have rabies .......................... Vaccinations required ................ Redemption of impounded animals; disposi- tion upon failure to redeem ........ Right of entry of employees ............. Unlawful interference with animal control officer ............................. Violations and enforcement ............. Section 10-1 113-19 et seq. 32-180 et seq. 6-9 6-104 6-105 6-106 6-107 6-2 6-49 6-47 6-50 6-48 6-45 6-46 6-51 6-3 6-13 6-12 6-7 6-11 6-10 6-1 6-79 6-80 6-77 6-76 6-78 6-8 6-4 6-5 6-6 CDi:l ANNEXATIONS Businesses Medical marijuana dispensaries and can- nabis farms Effect of annexation ............... Land development code (Subpart B) Signs Signs in newly annexed areas ...... Zoning Districts Classification of annexed land ... ANTENNAS. See: TOWERS AND ANTEN- NAS APPEALS Alarms systems Appeal.............................. Buildings and building regulations Administration and enforcement Certificate of occupancy......... . Code of ordinances Code enforcement Citations generally Appeal of final administrative CLERMONT CODE Section Section ARRESTS (Cont'd.) Stopping, standing and parking Forms and notices of citations, arrest or appearance ................ 36-24 10-123 ATTORNEYS City attorney ........................... 2-127 et seq. 117-21 See: CITY ATTORNEY AUDITS 125-61 Land development code (Subpart B) Impact fees Restricted accounts and annual audit 111-9 16-26 8-70 orders ..................... 1-100 Environment and natural resources Rat control Right of appeal .................... 18-132 Land development code (Subpart B) ..... 101-302 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Traffic and vehicles Commercial megacycles Appeal procedure .................. 36-85 Utility services Stormwater management utility Appeal of impervious surface calcula- tion .......................... 38-150 ARCHITECTURE Land development code (Subpart B) Subdivisions Design standards Architectural standards......... AREA Land development code (Subpart B) ..... See: LAND DEVELOPMENT CODE (Subpart B) Offenses and miscellaneous provisions Loitering in area of business during nonbusiness hours; authority of police........................... Traffic and vehicles Stopping, standing and parking Truck and trailer parking prohibited in residential areas; exceptions ARRESTS Traffic and vehicles 119-202 105-27 et seq. 24-6 B BANKS. See: FINANCE BEACHES Offenses and miscellaneous provisions Glass containers on beaches.......... 24-13 BEER. See: ALCOHOLIC BEVERAGES BICYCLES Land development code (Subpart B) Parking and vehicular use areas Bicycle parking space requirement . 115-16 Parks and recreation Public conduct Bicycles, micro -mobility devices and motorized scooters............ 26-36 BILLBOARDS. See: SIGNS AND BILLBOARDS BOARDS, COMMITTEES AND COMMIS- SIONS Land development code (Subpart B) ..... 101-103 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Offenses and miscellaneous provisions State misdemeanors; commission within city............................ 24-1 Official committees, boards and commis- sions .............................. 2-52 Pensions and retirement Firefighters' retirement plan Board of trustees .................. 28-117 Police officers' retirement plan Board of trustees .................. 28-58 BOATS, DOCKS AND WATERWAYS Waterways ............................. 40-50 et seq. See: WATERWAYS 36-23 BONDS, SURETY OR PERFORMANCE Land development code (Subpart B) ..... 119-173 et seq See: LAND DEVELOPMENT CODE (Subpart B) • • CDi:2 CODE INDEX Section Section BOUNDARIES BUILDINGS AND BUILDING REGULA- Offenses and miscellaneous provisions TIONS (Cont'd.) Operating airboats within corporate Rates, charges and contract boundaries ..................... 24-11 Meters and deposits; renters of build - Streets, sidewalks and other public places ings.......................... 38-50 Downtown and waterfront entertain- ment district BURIAL. See: CEMETERIES District boundaries ................ 32-181 BURNING. See: FIRE PREVENTION AND BRIDGES AND CULVERTS PROTECTION Land development code (Subpart B) Subdivisions BUSINESSES Design standards Circuses, carnivals, road shows and similar Stormwater drainage system .... 119-285 types of entertainment; subject to council approval; exceptions ........ 10-1 BUDGET. See: FINANCE Environment and natural resources BUILDINGS AND BUILDING REGULA- Junked, wrecked and abandoned TIONS property Administration and enforcement Removal within five business days of Certificate of occupancy notice; service; certificate of Appeals ........................... 8-70 notice........................ 18-93 Contents .......................... 8-66 Land development code (Subpart B) ..... 115-17 et seq. Existing buildings ................. 8-69 See: LAND DEVELOPMENT CODE Limited use; partial ................ 8-68 (Subpart B) Required .......................... 8-65 Medical marijuana dispensaries and can - Suspension or revocation of certificate 8-71 nabis farms Temporary or partial .............. 8-67 Cannabis farms prohibited ........... 10-121 Inspections .......................... Special inspectors .................... 8-38 8-37 Effect of annexation.................. Enforcement of violations; penalties... 10-123 10-124 Building numbering Possession and use of cannabis for medi- Aasignment; notice; duty of property cal use ......................... 10-122 owner .......................... 8-104 Purpose and definitions .............. 10-120 Building services department to assign Offenses and miscellaneous provisions numbers ........................ 8-101 Loitering in area of business during Division of city; succession of numbers 8-103 nonbusiness hours; authority of Penalty for violation of article ........ 8-105 police ........................... 24-6 Size and location of numbers ......... 8-102 Solicitors, peddlers and itinerant vendors Building permit fees .................... 8-6 Peddlers and itinerant vendors Enforcement of chapter ................. 8-2 Definitions ........................ 10-48 Environment and natural resources ..... 18-122 et seq. Permit See: ENVIRONMENT AND NATURAL Application ..................... 10-50 RESOURCES Denial of application ............ 10-52 Fire district ............................ 8-4 Grounds for granting applications 10-51 International Property Maintenance Code 8-9 Land development code (Subpart B) ..... 107-2 et seq. Required ....................... 10-49 See: LAND DEVELOPMENT CODE53 Revocation ...................... 10-53 (SubpartB) State permit; when required ....... 10-54 Offenses and miscellaneous provisions Penalty for violation of article ........ 10-21 Advertising Solicitors Posting bills on trees, poles and build- Definitions ........................ 10-82 ings.......................... 24-2 Permit Penalty for violation of chapter .......... 8-3 Application ..................... 10-84 Purpose of chapter ...................... 8-1 Denial of application ............ 10-86 Qualifications for practice of contracting; Grounds for granting applications 10-85 certification required .............. 8-5 Required ....................... 10-83 Riparian structure requirements ........ 8-8 Revocation ...................... 10-87 Unity of title ........................... 8-7 State permit; when required ....... 10-88 Utility services Public sewer use Unlawful activities ................... Taxation ............................... 10-22 34-126 et seq. Building sewers and connection .... 38-81 See: TAXATION CDi:3 CLERMONT CODE Section Section BUSINESSES (Cont'd.) CITY COUNCIL Traffic and vehicles Compensation of mayor and councilmem- Commercial megacycles bers .............................. 2-21 Business tax receipts .............. 36-82 Land development code (Subpart B) Fixed place of business required.... 36-76 Amendment procedure Waterways Action by planning and zoning com- Personal watercrafts mission and city council....... 101-282 Permits for watercraft rental busi- Meetings ............................... 2-22 nesses....................... 40-82 Oath................................... 2-20 Requirements for watercraft rental Qualifications .......................... 2-19 businesses ................... 40-81 Representing the city in such manner as to create obligation ................ 2-24 Rules and journal ...................... 2-23 C CITY MANAGER CANVASSERS. See: PEDDLERS, CANVASS- Compensation .......................... 2-99 ERS AND SOLICITORS Land development code (Subpart B) Subdivisions CATS. See: ANIMALS Administration Authority of city manager ....... 119-35 CEMETERIES Revenue appropriations ................. 2-98 City cemeteries Cemetery fund ....................... 12-25 CIVIL EMERGENCIES Definitions .......................... 12-19 Emergency services..................... 16-19 et seq. Lot valuations ....................... 12-23 See: EMERGENCY SERVICES Penalty for violation of article provi- Environment and natural resources sions ........................... 12-20 Water shortages Restrictions on transfer and convey- Declaration of water shortage; water ance;records of ownership....... Rules for interment .................. 12-24 12-22 shortage emergency........... Land development code (Subpart B) 18-192 Rules, regulations and restrictions .... 12-21 Environment and natural resource protection CERTIFICATES, CERTIFICATION Clearing, grading and stormwater Animals management Rabies -susceptible animals Stormwater management Certificates and tags ............... 6-79 Emergency work.............. 105-122 Buildings and building regulations ...... 8-65 et seq. Streets, sidewalks and other public places See: BUILDINGS AND BUILDING Special events REGULATIONS Fire protection and emergency medi- Environment and natural resources cal services ................... 32-146 Junked, wrecked and abandoned CLERK See: CITY CLERK property Removal within five business days of CODE OF ORDINANCES* notice; service; certificate of Amendments to Code; effect of new notice ........................ 18-93 ordinances; amendatory language .. 1-5 Land development code (Subpart B) ..... 123-7 et seq. Catchlines of sections; history notes; refer - See: LAND DEVELOPMENT CODE ences ............................. 1-3 (Subpart B) Certain ordinances not affected by Code . 1-11 Code does not affect prior offenses or CHURCHES rights ............................. 1-10 Alcoholic beverages Code enforcement Licensing vendors near school or church; Alternate code enforcement system.... 1-42 standard of measurement........ 4-1 Citations generally Appeal of final administrative orders 1-100 CITY ATTORNEY Office created; compensation; qualifica- *Note —The adoption, amendment, repeal, omissions, affec- tions; duties ....................... 2-127 tive date, explanation of numbering system and other mat- ters pertaining to the use, construction and interpretation of CITY CLERK General duties; minute book of council; this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this record and publication of ordinances 2-153 volume. MA • • • CODE OF ORDINANCES (Cont'd.) Conduct of hearings ............... Procedure if violation presents seri- ous threat .................... Code enforcement board Appointment and qualifications .... Counsel named .................... Created; jurisdiction; powers and duties; enforcement by courts . Intent of article ...................... Supplemental citations Applicable codes and ordinances.... Authorization ..................... Code enforcement officers .......... Payment of fines; court hearings... . Procedures for payment of civil penalty ...................... Procedures; investigation of viola- tions; issuance of citations .... Supplemental enforcement ........... Definitions and rules of construction.... . Designation and citation of Code ........ Effect of repeal of ordinances........... . General penalty; continuing violations ... Provisions deemed continuation of exist- ing ordinances ..................... Severability ............................ Supplementation of Code ................ CODE INDEX Section Section CONTRACTS AND AGREEMENTS (Cont'd.) 1-99 Pensions and retirement Social security 1-98 Execution of agreements with state agency ....................... 28-28 1-76 Utility services ......................... 38-45 et seq. 1-77 See: UTILITY SERVICES 1-75 1-41 1-130 1-129 1-131 1-133 1-134 1-132 1-43 1-2 1-1 1-4 1-7 1-9 1-8 1-6 COMMERCIAL DISTRICTS Land development code (Subpart B) ..... 125-310 et seq. See: LAND DEVELOPMENT CODE (Subpart B) COMMERCIAL. See: BUSINESSES COMMUNITY DEVELOPMENT. See: PLAN- NING AND DEVELOPMENT CONDITIONAL USES Land development code (Subpart B) ..... 101-209 et seq. See: LAND DEVELOPMENT CODE (Subpart B) CONFISCATION Animals Domestic animals and wildlife Attack or bite by dangerous animals, penalties; confiscation ........ CONSTRUCTION. See: BUILDINGS AND BUILDING REGULATIONS CONTRACTS AND AGREEMENTS Buildings and building regulations Qualifications for practice of contract- ing; certification required....... . Land development code (Subpart B) Orders and permits Conditional use permits Development agreements ........ 6-49 8-5 101-217 COUNCIL. See: CITY COUNCIL COURTS Code of ordinances Code enforcement Code enforcement board Created; jurisdiction; powers and duties; enforcement by courts Supplemental citations Payment of fines; court hearings . CULVERTS. See: BRIDGES AND CULVERTS CURBS AND GUTTERS Land development code (Subpart B) Subdivisions Required improvements Streets, curbs and gutters ....... Streets, sidewalks and other public places Streets Construction standards Street curb construction standards 1-75 1-133 119-316 32-91 CURFEW Offenses and miscellaneous provisions... 24-53 et seq. See: OFFENSES AND MISCEL- LANEOUS PROVISIONS D DAMAGE, DEFACEMENT, DESTRUCTION, INJURY, ETC. Animals Injury to persons, animals, and property Land development code (Subpart B) Floodplain management Administration and enforcement Floodplain administrator Substantial improvement and substantial damage determinations .......... Utility services Persons using hot water heaters, steam boilers or heat pumps responsible for damage ..................... Public sewer use Protection from damage........... . DANGEROUS DOGS. See: ANIMALS DEFACEMENT. See: DAMAGE, DEFACE- MENT, DESTRUCTION, INJURY, ETC. 6-11 107-66 38-13 38-83 CDi:5 CLERMONT CODE Section DENSITY Land development code (Subpart B) ..... 125-107 et seq. See: LAND DEVELOPMENT CODE (Subpart B) DESTRUCTION. See: DAMAGE, DEFACE- MENT, DESTRUCTION, INJURY, ETC. DEVELOPMENT. See: PLANNING AND DEVELOPMENT DISABLED OR HANDICAPPED PERSONS Pensions and retirement Firefighters' retirement plan Disability ......................... Police officers' retirement plan Disability ......................... Traffic and vehicles Stopping, standing and parking Liability for payment of parking ticket violations and handicapped parking violations ............ DISEASE CONTROL. See: HEALTH AND SANITATION DISTRIBUTION Offenses and miscellaneous provisions Advertising Distributing samples of certain kinds Distribution or placing handbills, magazines, or other forms of advertising papers on public or private property ................ Pensions and retirement ................ See: PENSIONS AND RETIREMENT Streets, sidewalks and other public places Special events Distribution of materials on city property ..................... DISTRICTS Buildings and building regulations Fire district .......................... Land development code (Subpart B) ..... See: LAND DEVELOPMENT CODE (Subpart B) Streets, sidewalks and other public places See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES DOCKS. See: BOATS, DOCKS AND WATERWAYS DOGS. See: ANIMALS 28-122 DRIVEWAYS Land development code (Subpart B) Floodplain management Flood resistant development Other development Retaining walls, sidewalks and driveways in regulated floodways ............... Parking and vehicular use areas Driveway construction standards ... Streets, sidewalks and other public places Streets Construction standards Driveway construction standards. 28-63 E EASEMENTS Land development code (Subpart B) 36-28 Subdivisions Design standards Lots, blocks and easements Easements and miscellaneous dedications .............. Lots and blocks ............... Streets, sidewalks and other public places 24-3 Streets Closing Retention of utility easement .... ELECTIONS 24-4 Adoption of state election code provisions 28-71 et seq. Conduct of election; tabulation .......... Election officers; compensation .......... Form of official ballot ................... Land development code (Subpart B) 32-148 Planning and zoning commission Voting............................ Mayor's proclamation and notice ........ Nominating petitions; filing ............. 8-4 Paper ballots authorized for municipal 109-4 et seq. elections in certain circumstances .. Primary elections ....................... Procedure for placing initiative on ballot. 32-180 et seq. Questions may be submitted at general or special elections ................... DRAINAGE Land development code (Subpart B) ..... 119-282 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Streets, sidewalks and other public places Streets Construction standards Drainage structures ............. 32-87 Section 107-426 115-10 32-90 119-259 119-258 32-51 14-4 14-6 14-5 14-3 101-68 14-1 14-2 14-10 14-7 14-9 14-8 ELECTRICITY Land development code (Subpart B) Subdivisions Required improvements Electric power lines and streetlights ................ 119-311 Utilities Electrical, telephone and television cable service ................. 121-9 EMERGENCIES Emergency services ..................... 16-19 et seq. See: EMERGENCY SERVICES • • • CDi:6 • • • CODE INDEX Section EMERGENCIES (Cont'd.) Environment and natural resources Water shortages Declaration of water shortage; water shortage emergency........... 18-192 Land development code (Subpart B) Environment and natural resource protection Clearing, grading and stormwater management Stormwater management Emergency work .............. 105-122 Streets, sidewalks and other public places Special events Fire protection and emergency medi- cal services ................... 32-146 EMERGENCY SERVICES Alarms systems ........................ 16-19 et seq. See: ALARMS SYSTEMS EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES ENGINEERING Land development code (Subpart B) ..... 101-353 et seq. See: LAND DEVELOPMENT CODE (Subpart B) ENTRY Animals Right of entry of employees ........... 6-4 ENVIRONMENT AND NATURAL RESOURCES Hazardous materials; cost recovery for incidents Collection and payment of costs ....... 18-166 Definitions .......................... 18-164 Intent and purpose; jurisdiction....... 18-163 Liability for costs .................... 18-165 Methods of enforcement .............. 18-167 Junked, wrecked and abandoned property Definitions .......................... 18-88 Enforcement; removal after notice..... 18-95 Exceptions to provisions of article..... 18-94 Junkyards prohibited; exception ...... 18-90 Penalty for violation of article ........ 18-89 Procedures for determination of and elimination of junkyards......... 18-91 Prohibition of storage of certain items. 18-92 Removal within five business days of notice; service; certificate of notice 18-93 Land development code (Subpart B) ..... 105-19 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Noise Administration ...................... 18-31 Conflicts in restrictive standard....... 18-27 Section ENVIRONMENT AND NATURAL RESOURCES (Cont'd.) Enforcement ......................... 18-28 Exceptions ........................... 18-26 Findings of fact ...................... 18-22 Liability of enforcement officer........ 18-30 Maximum permissible sound level limits 18-24 Measurement of noise ................ 18-32 Other remedies ...................... 18-29 Prohibited acts ....................... 18-23 Purpose ............................. 18-20 Scope ................................ 18-19 Sound measurement ................. 18-25 Terminology, standards and definitions 18-21 Nuisances generally Creation or maintenance of nuisance by property owner declared unlawful 18-54 Exceptions; citrus groves ............. 18-57 Failure of owner to comply; lien ....... 18-56 Notice to abate... 18-55 Prohibited items, conditions or actions constituting nuisances........... 18-53 Rat control Accumulation of certain materials..... 18-130 Affording food or harborage for rats ... 18-129 Buildings to be free of rats ........... 18-122 Compliance with article required; notice or order ........................ 18-123 Definitions .......................... 18-120 Garbage or certain refuse to be stored in containers .................... 18-128 Maintenance of premises by owners and occupant of building ........ 18-124 New buildings and existing structures undergoing repairs to be made free of any rat harborage ........ 18-131 Penalty for violation of article ........ 18-121 Planning and development services department empowered to make inspections ..................... 18-125 Power of planning and development services department to require elimination of rat harborage ..... 18-126 Removal of ratproofing ............... 18-127 Right of appeal ...................... 18-132 Statement of article policy............ 18-119 Water efficient irrigation and landscaping Application of landscape and irrigation system design provisions ........ 18-216 Application of landscape irrigation provi- sions ........................... 18-217 Definitions .......................... 18-212 Enforcement ......................... 18-215 Exception to landscape irrigation provi- sions ........................... 18-218 Irrigation Fine schedule ..................... 18-245 Irrigation plan submittal........... 18-247 Irrigation standards ............... 18-246 Irrigation system design ........... 18-248 CDO CLERMONT CODE Section Section ENVIRONMENT AND NATURAL FEES, CHARGES AND RATES (Cont'd.) RESOURCES (Cont'd.) Taxation Irrigation system inspection and Local business tax maintenance ................. 18-249 Opening business without business Landscape irrigation schedule ...... 18-250 tax receipt; penalty, surcharge Landscaping and applicable delinquent Design standards .................. 18-281 charges...................... 34-128 Inspection and acceptance.......... 18-282 Public service tax Landscaping standards ............ 18-279 Levied; rates ...................... 34-19 Plan submittal .................... 18-280 Traffic and vehicles Purpose and intent ................... 18-213 Commercial megacycles Scope ................................ 18-214 Permit fees........................ 36-74 Water shortages Utility services ......................... 38-52 et seq. Amendments to water shortage plan .. 18-191 See: UTILITY SERVICES Application of article ................. 18-190 Declaration of water shortage; water FENCES, WALLS, HEDGES AND shortage emergency ............. 18-192 ENCLOSURES Definitions .......................... 18-189 Land development code (Subpart B) ..... 107-425 et seq. Enforcement ......................... 18-193 See: LAND DEVELOPMENT CODE Intent and purpose ................... 18-188 (Subpart B) Penalties ............................ 18-194 FINANCE ENVIRONMENTAL CONCERNS Disposition of fees paid to city........... 2-176 Environment and natural resources ..... 18-19 et seq. Pensions and retirement ................ 28-33 et seq. See: ENVIRONMENT AND NATURAL See: PENSIONS AND RETIREMENT RESOURCES Purchasing policy ....................... 2-175 Land development code (Subpart B) ..... 105-19 et seq. FINES, FORFEITURES AND OTHER See: LAND DEVELOPMENT CODE PENALTIES (Subpart B) Alarms systems Penalty for violation of article provi- F sions ........................... 16-20 FALSE ALARMS Alcoholic beverages Alarms systems Consumption or possession upon public Fee for multiple false alarms ......... 16-24 property; penalty ................ 4-3 Responsibility for false alarm, response Animals and corrective action ............ 16-23 Domestic animals and wildlife Attack or bite by dangerous animals, FALSE REPRESENTATION. See: penalties; confiscation ........ 6-49 MISREPRESENTATION Buildings and building regulations Building numbering FARMING, FARMS Penalty for violation of article ...... 8-105 Businesses ............................. 10-120 et seq. Penalty for violation of chapter ....... 8-3 See: BUSINESSES Businesses FEES, CHARGES AND RATES Medical marijuana dispensaries and can - Animals nabis farms Care and shelter of animals Enforcement of violations; penalties 10-124 Animals found in distress; when agent Solicitors, peddlers and itinerant vendors may take charge .............. 6-105 Penalty for violation of article ...... 10-21 Rabies -susceptible animals Cemeteries City license fees ................... 6-80 City cemeteries Buildings and building regulations Penalty for violation of article provi- Building permit fees ................. 8-6 sions......................... 12-20 Finance Code of ordinances ...................... 1-133 et seq. Disposition of fees paid to city ........ 2-176 See: CODE OF ORDINANCES Land development code (Subpart B) ..... 101-177 et seq. Environment and natural resources ..... 18-245 et seq. See: LAND DEVELOPMENT CODE See: ENVIRONMENT AND NATURAL (Subpart B) RESOURCES Solid waste Collection and disposal Land development code (Subpart B) ..... See: LAND DEVELOPMENT CODE 119-7 et seq. Fees; billing and payment .......... 30-31 (Subpart B) CDi:8 • • 0 FINES, FORFEITURES AND OTHER PENALTIES (Cont'd.) Mobile homes and recreational vehicles Penalty for violation of chapter ....... Offenses and miscellaneous provisions Minors Curfew Penalty for violation of division . . Simulated gambling devices Civil penalties and injunctive relief. Parks and recreation Public conduct Enforcement; penalties ............. Pensions and retirement ................ See: PENSIONS AND RETIREMENT Streets, sidewalks and other public places Motion photography permitting Penalties .......................... Streets Construction standards Penalty for violation of division . . Taxation ............................... See: TAXATION Traffic and vehicles Stopping, standing and parking Penalty for violation ............... Utility services Public sewer use Penalty for violation of article ...... Waterways Boat restrictions Penalty for violation of article ...... Speed limits Enforcement and penalties ......... CODE INDEX Section Section FIREWORKS (Cont'd.) Public conduct Fireworks; destructive devices; 22-5 weapons; other potentially dangerous uses ............... 26-25 FLOODS AND FLOODING 24-54 Land development code (Subpart B) ..... 107-1 et seq. See: LAND DEVELOPMENT CODE 24-115 (Subpart B) FOOD AND FOOD SERVICES Environment and natural resources 26-37 Rat control 28-76 et seq. Affording food or harborage for rats 18-129 FORFEITURES. See: FINES, FORFEITURES AND OTHER PENAL- 32-121 TIES FOWL. See: ANIMALS 32-80 FRAUD 34-23 et seq. Pensions and retirement Firefighters' retirement plan Conviction and forfeiture; false, misleading or fraudulent state- 36-26 ments........................ 28-136 Police officers' retirement plan Conviction and forfeiture; false, 38-85 misleading or fraudulent state- ments ........................ 28-77 40-50 40-23 FIRE DEPARTMENT Pensions and retirement ................ 28-1 et seq. See: PENSIONS AND RETIREMENT FIRE PREVENTION AND PROTECTION Buildings and building regulations Fire district .......................... Fire safety code Adoption of Fire Prevention Code ..... Adoption of Life Safety Code......... . Title................................ Streets, sidewalks and other public places Special events Fire protection and emergency medi- cal services ................... FIREARMS AND WEAPONS Parks and recreation Public conduct Airsoft and paintball guns ......... Fireworks; destructive devices; weapons; other potentially dangerous uses ............... FIREWORKS Parks and recreation G GAMES Streets, sidewalks and other public places Downtown and waterfront entertain- ment district Games, sporting events and entertain- ment ......................... 32-184 GARBAGE. See: SOLID WASTE 8-4 GASOLINE Waterways 20-20 Boat restrictions 20-21 Gasoline -powered motors; prohibited 20-19 use or operation .............. GRADES, GRADING Land development code (Subpart B) ..... 32-146 See: LAND DEVELOPMENT CODE (Subpart B) Streets, sidewalks and other public places Streets Construction standards 26-32 Grading ........................ GUARANTEES. See: BONDS, SURETY OR 26-25 PERFORMANCE GUNS. See: FIREARMS AND WEAPONS GUTTERS. See: CURBS AND GUTTERS 40-52 105-78 et seq. 32-83 CDi:9 CLERMONT CODE Section HANDBILLS Offenses and miscellaneous provisions Distribution or placing handbills, magazines, or other forms of advertising papers on public or private property ................ 24-4 HANDICAPPED PERSONS. See: DISABLED OR HANDICAPPED PERSONS HEALTH AND SANITATION Utility services Rates, charges and contract Rate schedules for water, sewer and sanitation services............ 38-45 HEARINGS Code of ordinances Code enforcement Citations generally Conduct of hearings ............. 1-99 Supplemental citations Payment of fines; court hearings. 1-133 Land development code (Subpart B) ..... 101-211 et seq. See: LAND DEVELOPMENT CODE (Subpart B) HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HISTORICAL PRESERVATION Land development code (Subpart B) ..... 107-198 et seq. See: LAND DEVELOPMENT CODE (Subpart B) HOURS Alcoholic beverages Hours of sale ........................ 4-2 Offenses and miscellaneous provisions Loitering in area of business during nonbusiness hours; authority of police ........................... 24-6 Parks and recreation Public conduct Hours of operation and general use. 26-21 Streets, sidewalks and other public places Downtown and waterfront entertain- ment district Hours for music and entertainment. 32-183 HOUSING Land development code (Subpart B) ..... 125-527 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Offenses and miscellaneous provisions Prohibited residences for sexual offend- ers ............................. 24-14 Traffic and vehicles Stopping, standing and parking Truck and trailer parking prohibited in residential areas; exceptions 36-23 Section HUNTING Animals Domestic animals and wildlife Birds and game sanctuary; unlawful to shoot or trap; bird nests protected ..................... 6-47 Parks and recreation Public conduct Hunting/wildlife preservation and conservation ................. 26-35 IMPOUNDMENT Animals ................................ 6-7 et seq. See: ANIMALS Traffic and vehicles Impoundment of vehicles ............. 36-1 INCORPORATION AND POWERS Code of ordinances Code enforcement Code enforcement board Created; jurisdiction; powers and duties; enforcement by courts 1-75 Land development code (Subpart B) Historic preservation Powers and duties ................. 109-5 Utility services Public sewer use Powers and authority of inspectors . 38-84 INDEMNIFICATION Pensions and retirement Firefighters' retirement plan.......... 28-137 Police officers' retirement plan........ 28-78 INDUSTRIAL DISTRICTS Land development code (Subpart B) ..... 125-394 et seq. See: LAND DEVELOPMENT CODE . (Subpart B) INDUSTRIES Land development code (Subpart B) ..... 125-394 et seq. See: LAND DEVELOPMENT CODE (Subpart B) INSPECTIONS Buildings and building regulations Administration and enforcement Generally ......................... 8-38 Special inspectors ................. 8-37 Environment and natural resources ..... 18-125 et seq. See: ENVIRONMENT AND NATURAL RESOURCES Land development code (Subpart B) ..... 101-361 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Pensions and retirement Copies on file; public inspection ....... 28-4 Streets, sidewalks and other public places Streets is • CDi:10 CODE INDEX Section Section INSPECTIONS (Cont'd.) LAND DEVELOPMENT CODE (Subpart B) Construction standards (Cont'd.) Cleanup and inspection; acceptance 32-88 Immunity from prosecution ........... 113-25 Taxation Location restrictions Public service tax Locational criteria ................. 113-71 Records of sales; inspection by city . 34-22 Measurement of distance........... 113-72 Utility services Nonconforming uses ............... 113-73 Public sewer use Purpose ............................. 113-22 Powers and authority of inspectors . 38-84 Title ................................ 113-19 Amendment procedure INSURANCE Taxation ............................... 34-72 et seq. Action by planning and zoning commis - See: TAXATION sion and city council ............ 101-282 Application .......................... 101-280 Traffic and vehicles Initiation; applicability of state law ... 101-279 Commercial megacycles hearing Liability insurance coverage required 36-80 Notice of public g • • • • • • • • • • • • • • 101-281 Reapplication after denial of rezoning INTERFERENCE application ..................... 101-283 Animals Review criteria ...................... 101-284 Unlawful interference with animal Appeals control officer ................... 6-5 Procedural appeals................... 101-302 Land development code (Subpart B) Technical appeals .................... 101-303 Vegetation Authority for enactment ................ 101-2 Trees Board of zoning adjustment Interference with work on trees.. 123-78 Establishment ....................... 101-103 Parks and recreation Granting of variances ................ 101-104 Public conduct Boards, commissions, and committees Interference with park operations .. 26-30 Board of zoning adjustment. See herein that subject INTERMENT. See: CEMETERIES Planning and zoning commission. See herein that subject INTOXICATION BEVERAGES. See: Site review committee. See herein that ALCOHOLIC BEVERAGES subject INVESTIGATIONS Concurrency management Code of ordinances Adopted level of service standards .... 103-6 Code enforcement Annual report on public facilities capaci- Supplemental citations ties and required facilities improve - Procedures; investigation of viola- ments .......................... 103-10 tions; issuance of citations .. 1-132 Concurrency administration .......... 103-5 Concurrency reservation .............. 103-9 L Concurrency review procedures....... 103-8 Development subject to concurrency LAND DEVELOPMENT CODE (Subpart B) review .......................... 103-3 (Note —Citations herein refer to chapters Estimation of demand for proposed found within Subpart B, Land development .................... 103-7 Development Code.) Intergovernmental coordination....... 103-11 Adult entertainment code Minimum requirements for concur - Authority ............................ 113-21 rency........................... 103-4 Construction and severability......... 113-24 Public facilities and services for which Definitions .......................... 113-20 concurrency is required.......... 103-2 Findings of fact ...................... 113-23 Purpose and intent of chapter ........ 103-1 General requirements for adult School concurrency entertainment establishments Concurrency test requirements ..... 103-41 Adult bookstores .................. 113-46 School concurrency standards and Adult motion picture theaters...... 113-47 policies ...................... 103-42 Adult performance establishment... 113-48 Conflicting provisions ................... 101-9 Conformance and maintenance Consistency with comprehensive plan.... 101-4 standards generally........... 113-45 Definitions ............................. 101-11 Enforcement and penalties ......... 113-50 Delegation of authority ................. 101-7 Prohibited acts .................... 113-51 Development plan review Records and inspection of records... 113-49 Applicability of article ................ 101-359 M:11 CLERMONT CODE Section Section LAND DEVELOPMENT CODE (Subpart B) LAND DEVELOPMENT CODE (Subpart B) (Cont'd.) (Cont'd.) Article supplemental to subdivision Purpose and intent of division; regulations ..................... 101-347 general criteria for improve - Development review required......... 101-350 ments..................... 105-114 Effect of site plan and engineering plan Wellfield and aquifer protection approval ........................ 101-355 Appeals, enforcement and penalties. 105-22 Engineering plan review procedure.... 101-353 Containment standards for hazard - Engineering plan submittal require- ous substances ............... 105-29 ments .......................... 101-354 Establishment of well field protec- Inspections and acceptance of improve- tion zones .................... 105-23 ments.......................... 101-361 Exemptions ....................... 105-26 Intent of development plan review .... 101-348 Groundwater recharge areas aquifer Maintenance of improvements ........ 101-356 protection standards .......... 105-27 Master plan review procedure ........ 101-357 Hazardous substance inspection Master plan submittal requirements .. 101-358 program ..................... 105-30 Processes ............................ 101-349 List of regulated substances........ 105-31 Required improvements .............. 101-360 Prohibited uses and structures in Site plan review procedure; site develop- well field protection zones..... 105-24 ment permit .................... 101-351 Protection of future public water Site plan submittal requirements ..... 101-352 supply wells .................. 105-25 Enforcement ........................... 101-12 Purpose and intent of article....... 105-19 Environment and natural resource protec- Scope of article .................... 105-20 tion Standards for development involving Clearing, grading and stormwater handling, generation or storage management of hazardous waste ........... 105-28 Clearing and grading Burying of material prohibited... 105-85 Variances ......................... Floodplain management 105-21 Clearing and grading review Abrogation and greater restrictions ... 107-16 criteria .................... 105-80 Administration and enforcement Exemptions and exceptions from Floodplain administrator grading requirements ...... 105-82 Applications and permits ........ 107-65 Grading plans .................. 105-79 Designation..................... 107-63 Issuance of permit; validity; expira- Floodplain management records . 107-71 tion; suspension or revoca- General authority ............... 107-64 tion ....................... 105-83 Inspections generally............ 107-69 Permit required for modification Modifications of the strict applica- of grade ................... 105-78 tion of the requirements of Purpose of division .............. 105-76 the Florida Building Code.. 107-67 Required soil conservation Notices and orders .............. 107-68 measures .................. 105-84 Other duties of the floodplain Violations; enforcement .......... 105-77 administrator .............. 107-70 Work under approved develop- Substantial improvement and ment plan; grading and substantial damage construction standards..... 105-81 determinations ............. 107-66 Purpose and scope of article ........ 105-51 Inspections Stormwater management Buildings, structures and facili- Application for permit; determina- ties exempt from the Florida tion of exemption .......... 105-117 Building Code Emergency work ................ 105-122 Final inspection .............. 107-169 Enforcement .................... 105-121 Generally.................... 107-167 Exemptions ..................... 105-116 Lowest floor inspection ....... 107-168 Issuance or denial of permit ..... 105-119 Development other than buildings Maintenance of installed systems 105-120 and structures ............. 107-166 Performance, review and design General requirement ............ 107-165 standards .................. Permit required for certain develop- 105-118 Manufactured homes............ Permits 107-170 ment activities ............. 105-115 Application for a permit or approval 107-104 CDi:12 CODE INDEX Section Section LAND DEVELOPMENT CODE (Subpart B) LAND DEVELOPMENT CODE (Subpart B) (Cont'd.) (Cont'd.) Buildings, structures and facili- Elevation ....................... 107-348 ties exempt from the Florida Enclosures ...................... 107-351 Building Code ............. 107-103 Foundations .................... 107-346 Expiration ...................... 107-106 General elevation requirement... 107-349 Floodplain development permits General installation and compli- or approvals ............... 107-102 ance....................... 107-345 Other permits required.......... 107-108 Utility equipment ............... 107-352 Permits required ................ 107-101 Other development Suspension or revocation ........ 107-107 Fences in regulated floodways ... 107-425 Validity of permit or approval.... 107-105 General requirements for other Site plans and construction docu- development ............... 107-424 ments Retaining walls, sidewalks and Additional analyses and certifica- driveways in regulated flood- tions ...................... 107-132 ways ...................... 107-426 Information for development in Roads and watercourse crossings flood hazard areas ......... 107-130 in regulated floodways ..... 107-427 Information in flood hazard areas Recreational vehicles and park trail - without base flood eleva- ers tions (approximate Zone A) . 107-131 Permanent placement ........... 107-379 Submission of additional data.... 107-133 Temporary placement ........... 107-378 Variances and appeals Site improvements, utilities and Conditions for issuance of vari- limitations ances...................... 107-201 Limitations on placement of fill.. 107-313 Considerations for issuance of vari- Limitations on sites in regulatory ances...................... 107-200 floodways.................. 107-312 Functionally dependent uses..... 107-199 Minimum requirements ......... 107-309 Historic buildings ............... 107-198 Sanitary sewage facilities........ 107-310 Limitations on authority to grant Water supply facilities........... 107-311 variances .................. 107-196 Subdivisions Requests for appeals ............ 107-195 Minimum requirements ......... 107-279 Requests for variances .......... 107-194 Subdivision plats ................ 107-280 Restrictions in floodways ........ 107-197 Tanks Violations Aboveground tanks Authority ....................... 107-227 Elevated..................... 107-404 Development performed without a Not elevated ................. 107-403 permit, in conflict with a Tank inlets and vents ........... 107-405 permit, or not in full compli- Underground tanks ............. 107-402 ance declared/presumed to be Intent ............................... 107-7 in violation ................ 107-226 Interpretation ....................... 107-17 Unlawful continuance........... 107-228 Other laws .......................... 107-15 Applicability ......................... 107-6 Scope................................ 107-1 Areas to which this chapter applies ... 107-12 Submission of additional data to Basis for establishing flood hazard areas 107-13 establish flood hazard areas ..... 107-14 Conflict of provisions ................. 107-11 Terms defined in the Florida Building Coordination with the Florida Building Code ........................... 107-2 Code ........................... 107-8 Terms not defined.................... 107-3 Definitions .......................... 107-4 Title ................................ 107-5 Disclaimer of liability ................ 107-10 Warning............................. 107-9 Flood resistant development General interpretation .................. 101-6 Design and construction of build- Historic preservation ings, structures and facilities Appeals ............................. 109-6 exempt from the Florida Build- Definitions .......................... 109-2 ing Code ..................... 107-250 Historic preservation committee Manufactured homes composition ..................... 109-3 Anchoring ...................... 107-347 Historic structure, historic site and Elevation requirement for certain historic district designation criteria 109-4 existing manufactured home Interim control ...................... 109-9 parks and subdivisions ..... 107-350 Legislative intent; findings ........... 109-1 CDi:13 CLERMONT CODE Section Section LAND DEVELOPMENT CODE (Subpart B) LAND DEVELOPMENT CODE (Subpart B) (Cont'd.) (Cont'd.) Penalties for violation ................ 109-10 Lighting facilities .................... 115-12 Powers and duties .................... 109-5 Loading, unloading and service area Procedures .......................... 109-8 space........................... 115-8 Recognition of historic structures, sites Off-street parking facilities ........... 115-2 and districts .................... 109-7 Parking illustrations................. 115-15 Impact fees Parking in the Central Business District Credits ........................ \..... 111-7 (CBD) Zoning District........... 115-17 Definitions .......................... 111-3 Parking spaces....................... 115-3 Impact fee schedule .................. 111-4 Purpose and intent of chapter ........ 115-1 Payment ............................. 111-6 Ratio of full-size parking spaces to Purpose ............................. 111-1 compact and oversized spaces.... 115-6 Required ............................ 111-2 Table of minimum parking space require - Restricted accounts and annual audit . 111-9 .. ments ........................ 115-14 Special study option .................. 111-5 Planning and zoning commission Use of funds ......................... 111-8 Annual meeting...................... 101-64 Jurisdiction ............................ 101-5 Duties of officers ..................... 101-71 Nonconformances Membership ......................... 101-62 Abandonment of nonconforming use... 101-327 Officers .............................. 101-70 Hardship relief due to eminent domain Qualifications for membership ........ 101-63 actions ......................... 101-329 Quorum ............................. 101-67 Repairs and maintenance ............. 101-326 Regular meetings.................... 101-65 Types of nonconforming status; continu- Rules of procedure ................... 101-69 ation ........................... 101-325 Special meetings..................... 101-66 Uses under conditional use permits ... 101-328 Vacancies ............................ 101-72 Orders and permits Voting ............................... 101-68 Conditional use permits Application ........................ 101-210 Purpose and intent ..................... Relationship of specific to general provi- 101-3 Conditions and safeguards......... 101-213 sions.............................. 101-8 Development agreements .......... 101-217 Rules of construction ................... 101-10 Effectiveness of permit; revocation.. 101-214 Signs General use, provisions and standards 101-209 Changeable copy signs ............... 117-23 Jurisdictional action and review Construction and maintenance criteria ...................... 101-212 standards....................... 117-10 Notice of public hearing............ 101-211 Definitions .......................... 117-2 Reapplication after denial.......... 101-215 Determination of area and number.... 117-14 Time limit for commencing construc- Enforcement; removal of unlawful signs 117-3 tion.......................... 101-216 Exempt signs........................ 117-7 Development order and permit Height and setbacks .................. 117-12 Administrative official ............. 101-176 Illumination ......................... 117-9 Application for development permit. 101-184 Illustrations ......................... 117-25 Conditions of development orders... 101-182 Interpretation of chapter ............. 117-4 Contents of development order ..... 101-181 Limitation on total area and number; Development order and development division of property ............. 117-13 permit required; exceptions ... 101-178 Modification of conforming signs ...... 117-11 Development plan approval ........ 101-179 Nonconforming signs ................. 117-24 Expiration of development order.... 101-183 Off -site signs ........................ 117-16 Fees .............................. 101-177 Other signs.......................... 117-26 Issuance of development order ..... 101-180 Permitted signs ...................... 117-15 Modification of development order.. 101-185 Political signs ........................ 117-18 Parking and vehicular use areas Portable signs ....................... 117-17 Access ............................... 115-9 Prohibited signs; exceptions .......... 117-8 Alternative surfacing materials for park- Purpose and intent of chapter ........ 117-1 ing areas ....................... 115-4 Sign permit.......................... 117-6 Bicycle parking space requirement .... 115-16 Signs in newly annexed areas......... 117-21 Buffers .............................. 115-11 Signs on vehicles..................... 117-22 Change of use of premises ............ 115-13 Temporary construction signs......... 117-19 Design of parking lots ................ 115-5 Temporary future improvement signs . 117-20 Driveway construction standards...... 115-10 Variances and appeals ................ 117-5 CDi:14 CODE INDEX Section Section LAND DEVELOPMENT CODE (Subpart B) LAND DEVELOPMENT CODE (Subpart B) (Cont'd.) (Cont'd.) Site review committee Required improvements Establishment; duties ................ 101-122 Authority of city engineer .......... 119-317 Meetings ............................ 101-123 Electric power lines and streetlights 119-311 Membership; chairperson ............. 101-124 Field monumentation.............. 119-308 Subdivisions Illustrations ....................... 119-319 Administration Inspection of construction .......... 119-307 Authority of city manager.......... 119-35 Sewer and water systems .......... 119-315 Compliance with other regulations . 119-37 Sidewalks ......................... 119-310 Concurrency management.......... 119-36 Signs and markers ................ 119-309 Variances Storm drainage system ............ 119-314 Application ..................... 119-64 Street trees ....................... 119-312 Authorized ..................... 119-63 Streets, curbs and gutters.......... 119-316 Determination by council ........ 119-65 Submission and approval of plans Chapter supplemental to state law .... 119-2 and specifications ............. 119-306 Compliance with chapter ............. 119-5 Technical specifications and standards 119-318 Dedication and acceptance of public Telephone service, television cable facilities ........................ 119-4 service and other utilities..... 119-313 Definitions .......................... 119-1 Title................................... 101-1 Design standards Utilities Architectural standards ............ 119-202 City cost participation in infrastructure General standards ................. 119-200 improvements .................. 121-7 Lots, blocks and easements Conformance with adopted standard Easements and miscellaneous construction details ............. 121-3 dedications ................ 119-259 Connection to central utility systems.. 121-2 Lots and blocks ................. 119-258 Electrical, telephone and television cable Parks and recreation sites ......... Roadways, streets and alleys 119-201 service ......................... Purpose and intent of chapter ........ 121-9 121-1 Alleys .......................... 119-232 Reclaimed water service.............. 121-6 General construction ............ 119-228 Sanitary sewer service ............... 121-5 Layout ......................... 119-229 Solid waste collection service ......... 121-8 Road construction and design Water service ........................ 121-4 standards .................. 119-231 Variances Street dimensions ............... 119-230 Notice of public hearing .............. 101-245 Stormwater drainage system Purpose and general provisions; defini- Bridges and culverts ............ 119-285 tions ........................... 101-243 General drainage construction ... 119-282 Reapplication after denial ............ 101-250 Lot grading ..................... 119-286 Review criteria and findings.......... 101-246 Storm sewers ................... 119-283 Review of variance applications ....... 101-247 Stormwater retention areas...... 119-284 Submittal requirements for application 101-244 Inspections .......................... 119-8 Time limit for commencing construc- Installation of improvements ......... 119-6 tion ............................ 101-248 Intent of chapter ..................... 119-3 Transfer............................. 101-249 Penalty for sale or transfer of land Vegetation without approved plat ........... 119-7 Additional rules and regulations ...... 123-6 Plats and plans Certificate of completion .............. 123-7 Final plat Definitions .......................... 123-1 Format; required information and Exemptions .......................... 123-9 supporting documents; Fees ................................. 123-8 performance bond .......... 119-173 Landscaping Procedure for review and approval 119-172 Applicability of article ............. 123-37 Improvement plan Illustrations ....................... 123-50 Format and required information 119-144 Installation of landscape material .. 123-40 Procedure for review and approval 119-143 Irrigation plan .................... 123-39 Preliminary plan Landscape buffers ................. 123-43 Additional information for Class Landscape plan .................... 123-38 II subdivisions ............. 119-122 Landscaping adjacent to fences, walls Format and required information 119-121 or dumpster enclosures ....... 123-46 Procedure for review and approval 119-120 Maintenance and pruning.......... 123-41 CDi:15 CLERMONT CODE Section Section LAND DEVELOPMENT CODE (Subpart B) LAND DEVELOPMENT CODE (Subpart B) (Cont'd.) (Cont'd.) Nonpreferred trees ................ 123-49 Lot and height requirements..... 125-371 Plant material ..................... 123-42 Off-street parking............... 125-373 Preferred shrub list ................ 123-48 Permitted uses.................. 125-369 Preferred tree list ................. 123-47 Site plan review ................ 125-368 Sight distance for landscaping Yards ........................... 125-372 adjacent to public rights -of -way Cd commerce district and points of access........... 123-45 Conditional uses ................ 125-429 Vehicular use area interior landscap- Intent .......................... 125-427 ing .......................... 123-44 Lot and height requirements..... 125-430 Purpose and intent of chapter ........ 123-2 Permitted uses .................. 125-428 Trees Yards ........................... 125-431 Interference with work on trees .... 123-78 City -maintained or city -operated Minimum tree requirements ....... 123-74 buildings and uses............ 125-63 Preparation of tree plan ........... 123-77 Classification of annexed land ...... 125-61 Tree protection during development Districts designated ............... 125-60 and construction .............. 123-75 Established ....................... 125-58 Tree removal permit. M-1 industrial district Application ..................... 123-101 Conditional uses ................ 125-397 Issuance; criteria for tree removal; Intent .......................... 125-394 tree replacement standards. 123-102 Lot and height requirements..... 125-398 Required ....................... 123-100 Permitted uses.................. 125-396 Voluntary planting ................ 123-76 Site plan review ................ 125-395 Variances to zoning, subdivision or sign Yards ........................... 125-399 regulations for purpose of tree 0-1 office district preservation .................... 123-3 Conditional uses................ 125-286 Violations; penalty ................... Waivers and appeals ................. 123-5 123-4 Intent.......................... Lot and height requirements..... 125-283 125-287 Zoning Permitted uses .................. 125-285 Administration Site plan review ................ 125-284 Additional remedies ............... 125-26 Yards........................... 125-288 Application for building permit ..... 125-22 Official zoning map ................ 125-59 Certificate of occupancy............ 125-24 Pr parks and recreation district Exceptions and modifications....... 125-27 Intent .......................... 125-461 Expiration of building permit ...... 125-23 Permitted uses .................. 125-462 Penalty ........................... 125-25 Site improvement regulations.... 125-463 Zoning administrative officers ...... 125-21 Wellness Way Community Design Districts Guidelines and Standards.. 125-464 Applicability of district regulations . 125-62 R-1 single-family medium density C-1 light commercial district residential district Conditional uses ................ 125-313 Conditional uses................ 125-166 Intent .......................... 125-310 Intent.......................... 125-164 Lot and height requirements..... 125-314 Lot and height requirements..... 125-167 Permitted uses .................. 125-312 Permitted uses.................. 125-165 Site plan review ................ 125-311 Yards........................... 125-168 Yards ........................... 125-315 R-1-A single-family low density C-2 general commercial district residential district Conditional uses ................ 125-337 Conditional uses................ 125-138 Intent .......................... 125-334 Intent.......................... 125-136 Lot and height requirements..... 125-338 Lot and height requirements..... 125-139 Permitted uses .................. 125-336 Permitted uses.................. 125-137 Site plan review ................ 125-335 Yards........................... 125-140 Yards ........................... 125-339 R-2 medium density residential Cbd central business district district Conditional uses ................ 125-370 Conditional uses................ 125-193 Density ......................... 125-375 Intent.......................... 125-190 Intent .......................... 125-367 Lot and height requirements..... 125-194 Landscaping, buffers and tree Permitted uses .................. 125-192 is protection ................. 125-374 Site plan review ................ 125-191 CDi:16 CODE INDEX Section Section LAND DEVELOPMENT CODE (Subpart B) LAND DEVELOPMENT CODE (Subpart B) (Cont'd.) (Cont'd.) Yards ........................... 125-195 Model homes and model home sales R-3 residential/professional district centers Conditional uses ................ 125-250 Bond required .................. 125-561 Intent .......................... 125-247 General requirements........... 125-557 Lot and height requirements..... 125-251 Issuance of building permits, Permitted uses .................. 125-249 number, certificates of Site plan review ................ 125-248 occupancy and temporary use Yards ........................... 125-252 permits.................... 125-558 R-3-A residential/professional district Model home and model home Conditional uses ................ 125-217 center signage............. 125-560 Intent .......................... 125-214 Parking ........................ 125-559 Lot and height requirements..... 125-218 Requirements of model homes and Permitted uses .................. 125-216 model home sales centers in Site plan review ................ 125-215 residential districts or mixed Yards ........................... 125-219 use planned unit develop- UE urban estate low density ments..................... 125-556 residential district Open air sales ..................... 125-529 Conditional uses ................ 125-109 Short-term vacation rental proper - Intent .......................... 125-107 ties Lot and height requirements..... 125-110 Administration, penalties and Permitted uses .................. 125-108 enforcement ............... 125-590 Yards ........................... 125-111 General provisions.............. 125-586 UT urban transition district Standards and requirements for Conditional uses ................ 125-87 vacation rentals............ 125-589 Intent .......................... 125-85 Vacation rental permit require - Lot and height requirements..... Permitted uses .................. 125-88 125-86 ments..................... Vacation rental representative 125-587 Yards ........................... 125-89 duties 125-586 Planned unit developments created ..................... through the planned unit develop- Sidewalk cafes .................... 125-52 went zoning designation Special setbacks ................... 125-520 Amendments to development plan.. 125-488 Temporary structures .............. 125-530 Application fees ................... 125-490 Workforce housing density bonus ... 125-527 Conflicting provisions .............. 125-489 Zero lot line development .......... 125-524 Definitions ........................ 125-483 LANDSCAPING General requirements .............. 125-484 Environment and natural resources ..... 18-212 et seq. Location .......................... 125-485 See: ENVIRONMENT AND NATURAL Procedure for review and approval.. 125-487 RESOURCES Purpose and intent of article ....... 125-482 Land development code (Subpart B) ..... 123-37 et seq. Review criteria .................... 125-486 See: LAND DEVELOPMENT CODE Property development terminology (Subpart B) illustration ..................... 125-1 Siting regulations for wireless com- LAW ENFORCEMENT munication facilities Offenses and miscellaneous provisions Accessory equipment building ...... 125-618 Loitering in area of business during Antenna support structure ......... 125-617 nonbusiness hours; authority of Antennas ......................... 125-616 police........................... 24-6 Collocation ........................ 125-619 Pensions and retirement ................ 28-1 et seq. Definitions ........................ 125-615 See: PENSIONS AND RETIREMENT Intent ............................. 125-614 Streets, sidewalks and other public places Supplementary district regulations Special events Accessory dwelling units ........... 125-528 Police protection ................... 32-145 Accessory uses and structures ...... 125-519 Bed and breakfast inns ............ 125-525 LIABILITY Fences and walls .................. 125-521 Environment and natural resources General development conditions .... 125-522 Hazardous materials; cost recovery for Home occupations ................. 125-531 incidents Mobile home parks ................ 125-523 Liability for costs.................. 18-165 CDi:17 LIABILITY (Cont'd.) Noise Liability of enforcement officer ..... Land development code (Subpart B) Floodplain management Disclaimer of liability .............. Taxation Local business tax Determination of liability to pay... . Traffic and vehicles Commercial megacycles Liability insurance coverage required Stopping, standing and parking Liability for payment of parking ticket violations and handicapped parking violations ............ Utility services Backflow prevention and cross connec- tion control Liability of public employees ....... LICENSES AND PERMITS Alcoholic beverages Licensing vendors near school or church; standard of measurement....... . CLERMONT CODE Section Section LIENS (Cont'd.) Nuisances generally 18-30 Failure of owner to comply; lien .... 18-56 LIGHTING, LIGHTS 107-10 Land development code (Subpart B) Parking and vehicular use areas Lighting facilities .................. 115-12 34-127 Offenses and miscellaneous provisions Lighting of property .................. 24-12 LIQUOR. See: ALCOHOLIC BEVERAGES 36-80 LOADING AND UNLOADING Land development code (Subpart B) Parking and vehicular use areas 36-28 Loading, unloading and service area space ........................ 115-8 Traffic and vehicles Stopping, standing and parking 38-119 Bus stops, loading zones and taxicab stands; free parking space..... 36-22 4-1 Animals Domestic animals and wildlife Number of animals permitted ...... 6-46 Rabies -susceptible animals City license fees ................... 6-80 Buildings and building regulations Building permit fees ................. 8-6 Businesses ............................. 10-49 et seq. See: BUSINESSES Land development code (Subpart B) ..... 101-176 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Streets, sidewalks and other public places 32-115 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Taxation Local business tax Permits in addition to business tax receipt; display ............... 34-136 Traffic and vehicles ..................... 36-71 et seq. See: TRAFFIC AND VEHICLES Utility services Backflow prevention and cross connec- tion control Permit required ................... 38-122 Privately owned wells; digging wells; permit required; information to be shown .......................... 38-12 Waterways Personal watercrafts Permits for watercraft rental busi- nesses ....................... 40-82 LIENS Environment and natural resources LOITERING Offenses and miscellaneous provisions Loitering in area of business during nonbusiness hours; authority of police ........................... 24-6 LOTS Land development code (Subpart B) ..... 115-5 et seq. See: LAND DEVELOPMENT CODE (Subpart B) M MAINTENANCE Buildings and building regulations International Property Maintenance Code ........................... 8-9 Environment and natural resources ..... 18-54 et seq. See: ENVIRONMENT AND NATURAL RESOURCES Land development code (Subpart B) ..... 101-326 et seq. See: LAND DEVELOPMENT CODE (Subpart B) MANAGER. See: CITY MANAGER MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Land development code (Subpart B) ..... 107-170 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Mobile homes and recreational vehicles.. 22-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHICLES MAYOR City council Compensation of mayor and councilmem- bers............................ 2-21 l� u • • CDi:18 CODE INDEX Section Section MAYOR (Cont'd.) NOISE (Cont'd.) Elections Parks and recreation Mayor's proclamation and notice ...... 14-1 Public conduct MEASURES. See: WEIGHTS AND Noise and other conduct ........... 26-28 MEASURES NONCONFORMITIES MEETINGS Land development code (Subpart B) ..... 101-325 et seq. See: LAND DEVELOPMENT CODE City council ............................ 2-22 (Subpart B) Land development code (Subpart B) ..... 101-64 et seq. See: LAND DEVELOPMENT CODE NOTICES, NOTIFICATION (Subpart B) Alarms systems Notice of existence ................... 16-22 MISDEMEANORS Buildings and building regulations Offenses and miscellaneous provisions Building numbering State misdemeanors; commission within Assignment; notice; duty of property city ............................ 24-1 owner........................ 8-104 MISREPRESENTATION Elections Pensions and retirement Mayor's proclamation and notice ...... 14-1 Firefighters' retirement plan Environment and natural resources ..... 18-55 et seq. Conviction and forfeiture; false, See: ENVIRONMENT AND NATURAL misleading or fraudulent state- RESOURCES ments........................ 28-136 Land development code (Subpart B) ..... 101-211 et seq. Police officers' retirement plan See: LAND DEVELOPMENT CODE Conviction and forfeiture; false, (Subpart B) misleading or fraudulent state- Streets, sidewalks and other public places ments ........................ 28-77 Placing articles or obstructions on streets or sidewalks; notice to remove ... 32-1 MOBILE HOMES AND RECREATIONAL Traffic and vehicles VEHICLES Stopping, standing and parking Definitions ............................. 22-1 Forms and notices of citations, arrest Land development code (Subpart B) or appearance ................ 36-24 Zoning Notice on illegally parked vehicle... 36-25 Supplementary district regulations Mobile home parks .............. 125-523 NUDITY Parking, storage of recreational vehicles Offenses and miscellaneous provisions ... 24-88 et seq. used for sleeping purposes ......... 22-4 See: OFFENSES AND MISCEL- Penalty for violation of chapter .......... 22-5 LANEOUS PROVISIONS Restriction on parking; use as living NUISANCES quarters; use for storage purposes .. 22-2 Animals Temporary parking for use as office space Noisy animals; nuisance............ 6-10 or storage ......................... 22-3 Environment and natural resources ..... 18-53 et seq. Traffic and vehicles See: ENVIRONMENT AND NATURAL Stopping, standing and parking RESOURCES Truck and trailer parking prohibited in residential areas; exceptions 36-23 0 MONUMENTS OATH, AFFIRMATION, SWEAR OR SWORN Land development code (Subpart B) City council Subdivisions Oath ................................ 2-20 Required improvements Field monumentation ........... 119-308 OBSTRUCTIONS Streets, sidewalks and other public places MOTOR VEHICLES. See: TRAFFIC AND Placing articles or obstructions on streets VEHICLES or sidewalks; notice to remove ... 32-1 N OFFENSES AND MISCELLANEOUS PROVISIONS NOISE Advertising Environment and natural resources ..... 18-19 et seq. Distributing samples of certain kinds . 24-3 See: ENVIRONMENT AND NATURAL Posting bills on trees, poles and build - RESOURCES ings ............................ 24-2 CDi:19 CLERMONT CODE is Section Section OFFENSES AND MISCELLANEOUS OFFICERS AND EMPLOYEES (Cont'd.) PROVISIONS (Cont'd.) Elections Code of ordinances Election officers; compensation........ 14-5 Code does not affect prior offenses or Environment and natural resources rights .......................... 1-10 Noise Distribution or placing handbills, Liability of enforcement officer ..... 18-30 magazines, or other forms of advertis- Land development code (Subpart B) ..... 101-70 et seq. ing papers on public or private See: LAND DEVELOPMENT CODE property .......................... 24-4 (Subpart B) Glass containers on beaches ............. 24-13 Pensions and retirement ................ 28-55 et seq. Lighting of property .................... 24-12 See: PENSIONS AND RETIREMENT Littering ............................... 24-5 Utility services Loitering in area of business during non- Backflow prevention and cross connec- business hours; authority of police.. 24-6 tion control Minors Liability of public employees ....... 38-119 Curfew OPEN BURNING. See: FIRE PREVEN- Defenses .......................... 24-56 TION AND PROTECTION Definitions ........................ 24-53 Enforcement of division ............ 24-57 OPEN SPACES. See: YARDS AND OPEN Penalty for violation of division..... 24-54 SPACES Prohibited acts .................... 24-55 ORDINANCES, RESOLUTIONS, ETC. Frequenting pool rooms .............. 24-32 City clerk Nudity General duties; minute book of council; Employment of persons to perform record and publication of prohibited acts in public places .. 24-90 ordinances ...................... 2-153 In public places ...................... 24-88 Code of ordinances...................... 1-1 et seq. Prohibited acts ....................... 24-89 See: CODE OF ORDINANCES Operating airboats within corporate Streets, sidewalks and other public places 32-52 et seq. boundaries ........................ 24-11 See: STREETS, SIDEWALKS AND Prohibited residences for sexual offenders 24-14 OTHER PUBLIC PLACES Public houses; disturbances ............. 24-8 Public lands; selling goods thereon ...... 24-7 P Riding skateboards on streets, sidewalks and other public places ............ 24-10 PARKING Simulated gambling devices Land development code (Subpart B) ..... 115-1 et seq. Civil penalties and injunctive relief ... 24-115 See: LAND DEVELOPMENT CODE Conflict with state law ............... 24-114 (Subpart B) Definitions .......................... 24-110 Mobile homes and recreational vehicles.. 22-2 et seq. Exemptions .......................... 24-113 See: MOBILE HOMES AND Intent ............................... 24-111 RECREATIONAL VEHICLES Legislative authorization ............. 24-109 Traffic and vehicles..................... 36-21 et seq. Prohibition .......................... 24-112 See: TRAFFIC AND VEHICLES State misdemeanors; commission within PARRS AND RECREATION city ............................... 24-1 Land development code (Subpart B) ..... 107-350 et seq. Throwing stones or other missiles ....... 24-9 See: LAND DEVELOPMENT CODE (Subpart B) OFFICERS AND EMPLOYEES Mobile homes and recreational vehicles.. 22-1 et seq. Animals ................................ 6-3 et seq. See: MOBILE HOMES AND See: ANIMALS RECREATIONAL VEHICLES City attorney ........................... 2-127 et seq. Public conduct See: CITY ATTORNEY Airsoft and paintball guns ............ 26-32 City clerk .............................. 2-153 et seq. Bathing, swimming, scuba diving ..... 26-33 See: CITY CLERK Bicycles, micro -mobility devices and City manager .......................... 2-98 et seq. motorized scooters .............. 26-36 See: CITY MANAGER Camping and sleeping ................ 26-27 Code of ordinances Commercial activity and peddling..... 26-29 Code enforcement Definitions .......................... 26-20 Supplemental citations Enforcement; penalties ............... 26-37 Code enforcement officers ....... 1-131 Fires ................................ 26-26 CDi:20 CODE INDEX Section Section PARKS AND RECREATION (Cont'd.) PENSIONS AND RETIREMENT (Cont'd.) Fireworks; destructive devices; weapons; Prior firefighter service ............... 28-141 other potentially dangerous uses. 26-25 Reemployment after retirement ....... 28-142 Glass containers ..................... 26-31 Repeal or termination of system ...... 28-132 Hours of operation and general use ... 26-21 Reports to division of retirement ...... 28-127 Hunting/wildlife preservation and Retirement plan and trust for the conservation .................... 26-35 firefighters of the city ........... 28-114 Interference with park operations..... 26-30 Roster of retirees .................... 28-128 Noise and other conduct .............. 26-28 Supplemental benefit component for Pollution and litter ................... 26-23 special benefits; chapter 175 share Promulgation of supplemental rules... 26-34 accounts ........................ 28-143 Purpose and intent ................... 26-19 Vesting Removal of natural resources ......... 26-24 Florida Municipal Pension Trust Fund Traffic control ....................... 26-22 401(A) Defined Contribution Plan .. 28-3 PEDDLERS, CANVASSERS AND SOLICI- Police officers' retirement plan TORS Beneficiaries ......................... 28-66 Businesses ............................. 10-21 et seq. Benefit amounts and eligibility ....... 28-61 See: BUSINESSES Board of trustees ..................... 28-58 Parks and recreation Claims procedures ................... 28-67 Public conduct Contributions ........................ 28-60 Commercial activity and peddling.. 26-29 Conviction and forfeiture; false, mislead- ing or fraudulent statements .... 28-77 PENALTIES. See: FINES, FORFEITURES Deferred retirement option plan (DROP) 28-85 AND OTHER PENALTIES Definitions .......................... 28-56 PENSIONS AND RETIREMENT Direct transfers of eligible rollover City Pension Plan for Police and Firefight- distributions .................... 28-79 ers and Defined Benefits General Employees Plan ................... 28-1 Disability ............................ Domestic relations orders; retiree 28-63 0 Copies on file; public inspection ......... 28-4 directed payments; exemption from Defined Contribution Plan for General execution, non -assignability ..... 28-74 Employees ........................ 28-2 Family and medical leave act ......... 28-80 Firefighters' retirement plan Finances and fund management ...... 28-59 Beneficiaries ......................... 28-125 Forfeiture of pension ................. 28-76 Benefit amounts and eligibility ....... 28-120 Indemnification ...................... 28-78 Board of trustees ..................... 28-117 Maximum pension ................... 28-70 Claims procedures ................... 28-126 Membership......................... 28-57 Contributions ........................ 28-119 Military service prior to employment.. 28-81 Conviction and forfeiture; false, mislead- Minimum distribution of benefits ..... 28-71 ing or fraudulent statements .... 28-136 Miscellaneous provisions ............. 28-72 Deferred retirement option plan (DROP) 28-144 Optional forms of benefits ............ 28-65 Definitions .......................... 28-115 Pension validity...................... 28-75 Direct transfers of eligible rollover Pre -retirement death ................. 28-62 distributions .................... 28-138 Prior police service................... 28-82 Disability ............................ 28-122 Reemployment after retirement....... 28-83 Domestic relations orders; retiree Repeal or termination of system ...... 28-73 directed payments; exemption from Reports to division of retirement ...... 28-68 execution, non -assignability ..... 28-133 Retirement plan and trust for the police Family and Medical Leave Act ........ 28-139 officers of the city ............... 28-55 Finances and fund management ...... 28-118 Roster of retirees .................... 28-69 Forfeiture of pension ................. 28-135 Supplemental benefit component for Indemnification ...................... 28-137 special benefits; chapter 185 share Maximum pension ................... 28-129 accounts........................ 28-84 Membership ......................... 28-116 Vesting.............................. 28-64 Military service prior to employment.. 28-140 Social security Minimum distribution of benefits ..... 28-130 Adoption of coverage ................. 28-27 Miscellaneous provisions ............. 28-131 Adoption of terms of Social Security Act 28-32 Optional forms of benefits ............ 28-124 Duties of city finance director......... 28-33 Pension validity ...................... 28-134 Employee contributions............... 28-29 Pre -retirement death ................. 28-121 Employer contributions; appropriations 28-30 CDi:21 CLERMONT CODE Section PENSIONS AND RETIREMENT (Cont'd.) Execution of agreements with state agency ......................... 28-28 Records and reports .................. 28-31 PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE PERMITS. See: LICENSES AND PERMITS PERMITTED USES Land development code (Subpart B) ..... 125-86 et seq. See: LAND DEVELOPMENT CODE (Subpart B) PETITIONS Elections Nominating petitions; filing........... 14-2 PLANNING AND DEVELOPMENT Environment and natural resources ..... 18-125 et seq. See: ENVIRONMENT AND NATURAL RESOURCES Land development code (Subpart B) ..... 101-62 et seq. See: LAND DEVELOPMENT CODE (Subpart B) POLES AND WIRES Land development code (Subpart B) ..... 125-614 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Offenses and miscellaneous provisions Advertising Posting bills on trees, poles and build- ings .......................... 24-2 POLICE DEPARTMENT Offenses and miscellaneous provisions Loitering in area of business during nonbusiness hours; authority of police ........................... 24-6 Pensions and retirement ................ 28-1 et seq. See: PENSIONS AND RETIREMENT Streets, sidewalks and other public places Special events Police protection ................... 32-145 POLLUTION Parks and recreation Public conduct Pollution and litter ................ 26-23 POWERS Code of ordinances Code enforcement Code enforcement board Created; jurisdiction; powers and duties; enforcement by courts 1-75 Land development code (Subpart B) Historic preservation Powers and duties ................. 109-5 Utility services Public sewer use Powers and authority of inspectors . 38-84 Section PROHIBITED USES Land development code (Subpart B) Environment and natural resource protection Wellfield and aquifer protection Prohibited uses and structures in well field protection zones .. 105-24 Waterways Boat restrictions Gasoline -powered motors; prohibited use or operation .............. 40-52 PROPERTY Alcoholic beverages Consumption or possession upon public property; penalty ................ 4-3 Animals Duty to keep animals under restraint while off property ............... 6-13 Injury to persons, animals, and property 6-11 Buildings and building regulations Building numbering Assignment; notice; duty of property owner ........................ 8-104 International Property Maintenance Code ........................... 8-9 Environment and natural resources ..... 18-54 et seq. See: ENVIRONMENT AND NATURAL RESOURCES Land development code (Subpart B) Signs Limitation on total area and number; division of property........... 117-13 Zoning Property development terminology illustration ................... 125-1 Offenses and miscellaneous provisions Distribution or placing handbills, magazines, or other forms of advertising papers on public or private property ................ 24-4 Lighting of property .................. 24-12 Solid waste Collection and disposal Refuse property of city ............. 30-30 Streets, sidewalks and other public places Special events Distribution of materials on city property ..................... 32-148 Taxation Insurance premium tax Property insurance Disposition of funds ............. 34-73 Tax levied; rate ................. 34-72 Utility services Tampering with property of city water or sewer system ................. 38-6 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES u • CDi:22 • • • PURCHASES AND PURCHASING Finance Purchasing policy .................... Taxation Public service tax Failure of purchaser to pay; discontinuance of service authorized ................... Q QUALIFICATIONS Buildings and building regulations Qualifications for practice of contract- ing; certification required........ City attorney Office created; compensation; qualifica- tions; duties .................... City council Qualifications ........................ Code of ordinances Code enforcement Code enforcement board Appointment and qualifications . . Land development code (Subpart B) Planning and zoning commission Qualifications for membership..... . Taxation Additional homestead exemption Eligibility qualifications and residency requirements ................. Local business tax Qualifications of applicants ........ R CODE INDEX Section Section RECORDS AND REPORTS (Cont'd.) Pensions and retirement ................ 28-31 et seq. 2-175 See: PENSIONS AND RETIREMENT Streets, sidewalks and other public places Streets Closing 34-21 Recording of ordinances closing and abandoning streets..... 32-52 Taxation Public service tax Records of sales; inspection by city . 34-22 RECREATION. See: PARKS AND 8-5 RECREATION RECREATIONAL VEHICLES 2-127 Land development code (Subpart B) Floodplain management 2-19 Flood resistant development Recreational vehicles and park trailers Permanent placement......... 107-379 1-76 Temporary placement......... 107-378 Mobile homes and recreational vehicles.. 22-1 et seq. See: MOBILE HOMES AND 101-63 RECREATIONAL VEHICLES 34-164 34-129 RABIES CONTROL Animals ................................ 6-76 et seq. See: ANIMALS RATES. See: FEES, CHARGES AND RATES RECORDS AND REPORTS Animals Rabies -susceptible animals Reporting and confinement of rabies - susceptible animals which have bitten people or appear to have rabies ........................ Cemeteries City cemeteries Restrictions on transfer and convey- ance; records of ownership .... City clerk General duties; minute book of council; record and publication of ordinances ...................... Land development code (Subpart B) ..... See: LAND DEVELOPMENT CODE (Subpart B) REMOVAL. See: ABATEMENT RENTALS Land development code (Subpart B) ..... 125-586 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Waterways Personal watercrafts Permits for watercraft rental busi- nesses ....................... 40-82 Requirements for watercraft rental businesses ................... 40-81 REPORTS. See: RECORDS AND REPORTS RESIDENCES, RESIDENTIAL. See: HOUS- ING RESIDENTIAL DISTRICTS Land development code (Subpart B) ..... 125-107 et seq. 6-76 See: LAND DEVELOPMENT CODE (Subpart B) RESOLUTIONS. See: ORDINANCES, 12-24 RESOLUTIONS, ETC. RETAIL. See: SALES 2-153 RETIREMENT. See: PENSIONS AND 107-71 et seq. RETIREMENT RUBBISH. See: SOLID WASTE CDi:23 SAFETY Fire prevention and protection .......... See: FIRE PREVENTION AND PROTECTION Traffic and vehicles Red light signal violations Mark Wandall Traffic Safety Program adopted ...................... SALES Alcoholic beverages Hours of sale ........................ Land development code (Subpart B) ..... See: LAND DEVELOPMENT CODE (Subpart B) Taxation Local business tax Garage sales exempted ............ Public service tax Records of sales; inspection by city . Traffic and vehicles Stopping, standing and parking Parking for certain purposes prohibited, sale of motor vehicles, prohibited acts....... SANITATION. See: HEALTH AND SANITA- TION SCHOOLS Alcoholic beverages Licensing vendors near school or church; standard of measurement....... . Land development code (Subpart B) Concurrency management School concurrency Concurrency test requirements . . School concurrency standards and policies .................... CLERMONT CODE Section Section SHRUBBERY. See: TREES AND SHRUB- BERY 20-19 et seq. SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SIGNS AND BILLBOARDS Land development code (Subpart B) ..... 117-6 et seq. See: LAND DEVELOPMENT CODE 36-48 (Subpart B) Traffic and vehicles Stopping, standing and parking Parking signs and traffic control 4-2 devices ....................... 36-21 119-7 et seq. SOCIAL SECURITY Pensions and retirement ................ 28-27 et seq. See: PENSIONS AND RETIREMENT SOIL EROSION AND SEDIMENTATION 34-133 CONTROL Land development code (Subpart B) 34-22 Environment and natural resource protection Clearing, grading and stormwater management Clearing and grading 36-29 Required soil conservation measures ............... 105-84 SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS 4-1 103-41 103-42 SECURITIES. See: BONDS, SURETY OR PERFORMANCE SECURITY Pensions and retirement ................ 28-27 et seq. See: PENSIONS AND RETIREMENT SEDIMENTATION CONTROL. See: SOIL EROSION AND SEDIMENTATION CONTROL SETBACKS Land development code (Subpart B) Signs Height and setbacks ............... 117-12 Zoning Supplementary district regulations Special setbacks ................ 125-520 SEWERS. See: WATER AND SEWERS SOLID WASTE Collection and disposal Bycity .............................. Collection by actual producers and outside collectors ................ Exception for outside collectors ....... Fees; billing and payment ............ Frequency of collection ............... Limitation of quantity ................ Precollection practices ................ Refuse property of city ............... Special refuse problems .............. Supervised by director ................ Definitions ............................. Environment and natural resources Rat control Garbage or certain refuse to be stored in containers ................. Garbage containers ..................... Land development code (Subpart B) ..... See: LAND DEVELOPMENT CODE (Subpart B) Utility services Public sewer use Discharges to public sewers; pretreat- ment of wastes; interceptors... Water meters; stopcock and waste cock or cutoff valve required; right of access .......................... 30-23 30-29 30-32 30-31 30-26 30-27 30-25 30-30 30-28 30-24 30-1 18-128 30-2 121-8 et seq. 38-82 38-11 • u CDi:24 CODE INDEX Section Section SOUND. See: NOISE STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) STORAGE Streets Environment and natural resources Closing Junked, wrecked and abandoned Definitions ........................ 32-49 property Procedure ......................... 32-50 Prohibition of storage of certain items 18-92 Purpose of division ................ 32-48 Land development code (Subpart B) Recording of ordinances closing and Environment and natural resource abandoning streets ........... 32-52 protection Retention of utility easement....... 32-51 Wellfield and aquifer protection Construction standards Standards for development involv- Applicable specifications ........... 32-81 ing handling, generation or Cleanup and inspection; acceptance. 32-88 storage of hazardous waste. 105-28 Clearing and grubbing ............. 32-82 Mobile homes and recreational vehicles.. 22-2 et seq. Cross section drawing of minimum See: MOBILE HOMES AND specifications ................. 32-86 RECREATIONAL VEHICLES Definitions ........................ 32-79 Drainage structures ............... 32-87 STREETS, SIDEWALKS AND OTHER Driveway construction standards ... 32-90 PUBLIC PLACES General guarantee ................. 32-89 Downtown and waterfront entertainment Grading ........................... 32-83 district Interpretation of street construction Authorized temporary closures........ 32-185 standards .................... 32-93 District boundaries ................... 32-181 Penalty for violation of division..... 32-80 Games, sporting events and entertain- Prime coat; surface treatment ...... 32-85 ment........................... 32-184 Purpose of division ................ 32-78 Hours for music and entertainment ... 32-183 Sidewalk construction and repair... 32-92 Outside consumption in the entertain- Street curb construction standards . 32-91 ment district .................... 32-182 Subgrade stabilization; lime rock base 32-84 Purpose ............................. 32-180 Trees and shrubbery on city rights -of -way 32-2 Land development code (Subpart B) ..... 115-2 et seq. STRUCTURES. See: BUILDINGS AND See: LAND DEVELOPMENT CODE BUILDING REGULATIONS (Subpart B) Motion photography permitting SUBDIVISIONS Application for permit ................ 32-117 Land development code (Subpart B) ..... 101-347 et seq. Costs of extraordinary services........ 32-119 See: LAND DEVELOPMENT CODE Definitions .......................... 32-115 (Subpart B) Exemptions from other county SURETY BONDS. See: BONDS, SURETY ordinances or zoning resolution OR PERFORMANCE requirements ................... 32-120 Penalties ............................ 32-121 SWEAR OR SWORN. See: OATH, AFFIRMA- Permit required ...................... 32-116 TION, SWEAR OR SWORN Standards for issuance of permits; rules and procedures ................. 32-118 T Offenses and miscellaneous provisions ... 24-10 et seq. TAXATION See: OFFENSES AND MISCEL- LANEOUS PROVISIONS Additional homestead exemption Placing articles or obstructions on streets Annual adjustment of additional exemp- tion ............................ 34-168 or sidewalks; notice to remove...... 32-1 Application .......................... 34-165 Special events Availability of exemption ............. 34-167 Application of permit ................. 32-144 Eligibility qualifications and residency Definitions .......................... 32-142 requirements................... 34-164 Distribution of materials on city property 32-148 Waiver of additional exemption ....... 34-166 Fire protection and emergency medical Insurance premium tax services ........................ 32-146 Casualty insurance Limitations .......................... 32-147 Disposition of funds ............... 34-106 Permit required; exemptions.......... 32-143 Levied; rate ....................... 34-105 Police protection ..................... 32-145 Property insurance Purpose and intent ................... 32-141 Disposition of funds ............... 34-73 CDi:25 TAXATION (Cont'd.) Tax levied; rate .................... Local business tax Application for business tax receipt ... Businesses required to furnish informa- tion............................ Coin devices subject to tax........... . Determination of liability to pay ...... Due date of tax; proration; late penal- ties............................. Exemptions from local business taxes generally; conditions ............ Garage sales exempted ............... Home occupations .................... Local business tax receipt shall be posted Opening business without business tax receipt; penalty, surcharge and applicable delinquent charges.... Permits in addition to business tax receipt; display .................. Qualifications of applicants ........... Required ............................ Schedule of local business taxes...... . Term; transfer of local business tax receipt ......................... Public service tax Duty of seller to collect tax; monthly remittance to city ............... Failure of purchaser to pay; discontinu- ance of service authorized ....... Levied; rates ......................... Penalty for violation of article ........ Records of sales; inspection by city .... Traffic and vehicles Commercial megacycles Business tax receipts .............. TAXICABS Traffic and vehicles Stopping, standing and parking Bus stops, loading zones and taxicab stands; free parking space.... . CLERMONT CODE Section 34-72 34-132 34-140 34-137 34-127 34-131 34-134 34-133 34-138 34-135 34-128 34-136 34-129 34-126 34-139 34-130 34-20 34-21 34-19 34-23 34-22 36-82 36-22 TOWERS AND ANTENNAS Land development code (Subpart B) Zoning Siting regulations for wireless com- munication facilities Antenna support structure ...... 125-617 Antennas ....................... 125-616 TRAFFIC AND VEHICLES Animals Care and shelter of animals Confinement of animal in vehicle ... Commercial megacycles Amendment to permit ................ Appeal procedure .................... Business tax receipts ................. Definitions .......................... Enforcement ......................... 6-106 TRAFFIC AND VEHICLES (Cont'd.) Fixed place of business required ...... General operating conditions ......... Liability insurance coverage required . Operation of commercial megacycles restricted; permit required...... . Permit application; application fee .... Permit fees .......................... Permit suspension and revocation.... . Posting signs ........................ Requirements for drivers and other Section 36-76 36-77 36-80 36-71 36-72 36-74 36-84 36-87 personnel ....................... 36-79 Review and approval ................. 36-73 Trade name required ................. 36-75 Transferability ....................... 36-83 Vehicle requirements ................. 36-78 Impoundment of vehicles ................ 36-1 Land development code (Subpart B) ..... 107-378 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Mobile homes and recreational vehicles.. 22-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHICLES Parks and recreation Public conduct Traffic control ..................... 26-22 Red light signal violations Authorization ........................ 36-47 Mark Wandall Traffic Safety Program adopted ........................ 36-48 Stopping, standing and parking Bus stops, loading zones and taxicab stands; free parking space ....... 36-22 Forms and notices of citations, arrest or appearance ..................... 36-24 Liability for payment of parking ticket violations and handicapped park- ing violations ................... 36-28 Notice on illegally parked vehicle ..... 36-25 Parking for certain purposes prohibited, sale of motor vehicles, prohibited acts ............................ 36-29 Parking signs and traffic control devices 36-21 Penalty for violation .................. 36-26 Presumption in reference to illegal park- ing, operating, stopping or stand- ing ............................. 36-27 Truck and trailer parking prohibited in residential areas; exceptions ..... 36-23 Streets, sidewalks and other public places Streets Construction standards Driveway construction standards. 32-90 36-81 36-85 TRANSPORTATION. See: TRAFFIC AND 36-82 VEHICLES 36-70 36-86 TRASH. See: SOLID WASTE • is CDi:26 • • CODE INDEX Section TREES AND SHRUBBERY Land development code (Subpart B) ..... 119-312 et seq. See: LAND DEVELOPMENT CODE (Subpart B) Offenses and miscellaneous provisions Advertising Posting bills on trees, poles and build- ings .......................... 24-2 Streets, sidewalks and other public places Trees and shrubbery on city rights -of - way............................ 32-2 TRUCKS AND TRAILERS Land development code (Subpart B) Floodplain management Flood resistant development Recreational vehicles and park trailers Permanent placement......... 107-379 Temporary placement......... 107-378 Traffic and vehicles Stopping, standing and parking Truck and trailer parking prohibited in residential areas; exceptions 36-23 u UTILITIES Land development code (Subpart B) ..... 107-309 et seq. See: LAND DEVELOPMENT CODE (Subpart B) UTILITY SERVICES Backflow prevention and cross connection control Backflow prevention requirements .... Definitions .......................... Effect of other codes and rules ........ Enforcement of article and prevention measures ....................... Liability of public employees......... . Permit required ...................... Protection of public potable water supply Purpose of article .................... Territorial applicability ............... Testing.............................. Connections to be made by the city ...... Definitions ............................. Extension of water and sewer lines ...... Interpretation of chapter ................ Oversize lines .......................... Persons using hot water heaters, steam boilers or heat pumps responsible for damage ........................... Privately owned wells; digging wells; permit required; information to be shown . . Public services department created ...... Public sewer use Building sewers and connection ....... Discharges to public sewers; pretreat- ment of wastes; interceptors ..... 38-117 38-115 38-123 38-116 38-119 38-122 38-118 38-114 38-121 38-120 38-4 38-2 38-7 38-9 38-8 38-13 38-12 38-3 Section UTILITY SERVICES (Cont'd.) Penalty for violation of article ........ 38-85 Powers and authority of inspectors .... 38-84 Private sewage disposal .............. 38-80 Protection from damage .............. 38-83 Use of public sewers required ......... 38-78 User's responsibility to keep sewer clean; provide cleanout plugs........... 38-79 Purpose of chapter; water and sanitary sewer system established as public utility ............................. 38-1 Rates, charges and contract City to pay for sewer and water service; accounting for revenues; estimates in case of nonworking meter ..... 38-46 Collection of charges for sewer and water service; discontinuance of service for nonpayment.......... 38-47 Contracts for water and sewer service. 38-48 Meters and deposits; renters of build- ings............................ 38-50 Rate schedules for water, sewer and sanitation services .............. 38-45 Termination of contract for water service and/or sewer service ............. 38-49 Utility benefit fees ................... 38-52 Water consumption of city; temporary service; deposit and refund ...... 38-51 Stormwater management utility Appeal of impervious surface calcula- tion ............................ 38-150 Collection of fees ..................... 38-152 Creation of utility; intent of article .... 38-145 Definitions .......................... 38-146 Fees Imposed .......................... 38-148 Schedule .......................... 38-149 Findings and determinations ......... 38-147 Fund; creation; use of funds .......... 38-151 Tampering with property of city water or sewer system ...................... 38-6 Water meters; stopcock and waste cock or cutoff valve required; right of access 38-11 Water pressure not guaranteed; right of city to turn off water; fee for restora- tion of water; authority to disconnect 38-10 When connection with water and sewer system required ................... 38-5 V VARIANCES Land development code (Subpart B) ..... 101-104 et seq. See: LAND DEVELOPMENT CODE (Subpart B) VEGETATION 38-81 Land development code (Subpart B) ..... 123-1 et seq. See: LAND DEVELOPMENT CODE 38-82 (Subpart B) CDi:27 CLERMONT CODE Section Section VEGETATION (Cont'd.) WEIGHTS AND MEASURES Streets, sidewalks and other public places Alcoholic beverages Trees and shrubbery on city rights -of- Licensing vendors near school or church; way ............................ 32-2 standard of measurement........ 4-1 Environment and natural resources VEHICLES. See: TRAFFIC AND VEHICLES Noise Measurement of noise .............. 18-32 VENDORS Sound measurement ............... 18-25 Alcoholic beverages Land development code (Subpart B) Licensing vendors near school or church; Adult entertainment code standard of measurement........ 4-1 Location restrictions Businesses ............................. 10-21 et seq. Measurement of distance........ 113-72 See: BUSINESSES WIRES. See: POLES AND WIRES VOTING. See: ELECTIONS Y W YARDS AND OPEN SPACES Land development code (Subpart B) ..... 125-89 et seq. WALLS. See: FENCES, WALLS, HEDGES See: LAND DEVELOPMENT CODE AND ENCLOSURES (Subpart B) WATER AND SEWERS Environment and natural resources ..... 18-188 et seq. Z See: ENVIRONMENT AND NATURAL ZONING RESOURCES Land development code (Subpart B) ..... 101-62 et seq. Land development code (Subpart B) ..... 105-25 et seq. See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE (Subpart B) (Subpart B) Streets, sidewalks and other public places 32-180 et seq. Streets, sidewalks and other public places Motion photography permitting See: STREETS, SIDEWALKS AND Exemptions from other county OTHER PUBLIC PLACES ordinances or zoning resolution Utility services ......................... 38-1 et seq. requirements................. 32-120 See: UTILITY SERVICES Waterways ............................. 40-19 et seq. See: WATERWAYS WATERWAYS Boat restrictions Determinations by council ............ 40-51 Gasoline -powered motors; prohibited use or operation .................... 40-52 Penalty for violation of article ........ 40-50 Personal watercrafts Definitions .......................... 40-78 Enforcement ......................... 40-79 Permits for watercraft rental busi- nesses .......................... 40-82 Requirements for individuals operating personal watercrafts ............ 40-80 Requirements for watercraft rental busi- nesses .......................... 40-81 Speed limits Adoption of speed limits .............. 40-22 Authority ............................ 40-19 Definitions .......................... 40-20 Enforcement and penalties ........... 40-23 Idle speed/no wake zones ............. 40-21 WEAPONS. See: FIREARMS AND WEAPONS CDi:28