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Ordinance No. 2023-006INSTRUMENT#: 2023037509 OR BK 6118 PG 586 PAGES: 4 4/3/2023 10:38:32 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $35.50 CITY OF CLERMONT ORDINANCE NO.2023-006 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 38; ADDING SECTION 38-5 LAKEFRONT PROPERTIES PARKING AND STORAGE FOR BOATS; PROVIDING FOR CONFLICT, SEVERABILITY; CODIFICATION; THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on March 7, 2023 and following such hearing found this Ordinance to be in the best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont shall amend the Land Development Code, Chapter 38 Mobile Homes and Recreational Vehicles, adding Section 38-5 Lakefront Properties Parking and Storage for Boats, making changes to add and clarify language on residential lakefront properties parking and storage for boats and watercraft vessels; and NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Clermont, that Chapter 38 Mobile Homes and Recreational Vehicles of the Clermont Code of Ordinances shall be amended to make changes in Section 38-5 Lakefront Properties Parking and Storage for Boats, as set forth in the following amendments shown in Section 2. SECTION 1: AUTHORITY The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read as follows: Sec. 38-5. Lakefront Properties Parkins and storase for boats. L12 A boat is described as any vessel such as a watercraft. Jet Ski or airboat normally used to glide on water. JQ A boat and/or trailer may be parked on water frontage pLopgrty in residential zoned districts subiect to the following restrictions and conditions: INSTRUMENT# 2023037509 OR BOOK 6118/PAGE 587 PAGE 2 of 4 CITY OF CLERMONT ORDINANCE NO.2023-006 (a). The lake front property is separate from the plot that contains the primary living structure (i.e. frontage is separated by a roadway from the plot containing the primary living structure.) and is accessed by a permitted driveway connection from the ad oinin s ri t-of-way or street. (b). The lake frontage property does not contain a structure suitable for sleeping or temporary living_ quarters. (c) All boats and trailers must have a valid registrations and license plates and be re 7i�d to the pLopgrty owner or immediate familN members. All watercraft vessels must appear operable by visual inspection. (d ) The boat and trailer may not be parked on any rights of way or dedicated easements. e . All round cover or overgrown ve Tetation around the boat must be in compliance to City Codes and maintained by the property owner or occupant. A maximum of four 4 watercraft vessels and/or two 2 trailers shall be permitted on each parcel or lot. i.e. 3 'et skis and 1 boat). Paddleboats and kayaks shorter than 10 feet in length are exempt from this section of the code. .No paid storage for boats or trailers shall be allowed for areas that are zoned residential. (h).Temporary structures or tents will not be allowed to remain on lakefront properties more than 24 hours in a 14 day timeframe. See. 38-6. Penaltv for violation of chapter. Every person violating any provision of this chapter shall be subiect to penalties as provided by section 1-15. (Code 1962 § 24-5• Code 1998 & 38-5. Ord. No. 230-C, § 1, 3-22-1983) SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. INSTRUMENT# 2023037509 OR BOOK 6118/PAGE 588 PAGE 3 of 4 CITY OF CLERMONT ORDINANCE NO.2023-006 SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such editorial license. SECTION 6: ADNIINISTRATIVE CORRECTION OF SCRIVENERS ERROR Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, sections of the 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 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 8: 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. INSTRUMENT# 2023037509 OR BOOK 6118/PAGE 589 PAGE 4 of 4 CITY OF CLERMONT ORDINANCE NO.2023-006 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 281' day of March 2023. CITY OF CLERMONT Tim Murry, M 'or ATTEST: Tracy Ackroy Howe, MMC City Clerk Approved as to form and legality: d�. CITY OF CLERMONT CqR ORDINANCE NO. 2023-006 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 38; ADDING SECTION 38-5 LAKEFRONT PROPERTIES PARKING AND STORAGE FOR BOATS; PROVIDING FOR CONFLICT, SEVERABILITY; CODIFICATION; THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on March 7, 2023 and following such hearing found this Ordinance to be in the best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont shall amend the Land Development Code, Chapter 38 Mobile Homes and Recreational Vehicles, adding Section 38-5 Lakefront Properties Parking and Storage for Boats, making changes to add and clarify language on residential lakefront properties parking and storage for boats and watercraft vessels; and NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Clermont, that Chapter 38 Mobile Homes and Recreational Vehicles of the Clermont Code of Ordinances shall be amended to make changes in Section 38-5 Lakefront Properties Parking and Storage for Boats, as set forth in the following amendments shown in Section 2. SECTION 1: AUTHORITY The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article Vlll of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read as follows: Sec. 38-5. Lakefront Properties parking and storage for boats. A boat is described as any vessel such as a watercraft, Jet Ski, or airboat normally used to glide on water. (22,) A boat and/or trailer may be parked on water frontage property in residential zoned districts, subject to the following restrictions and conditions: S, C� tNT CITY OF CLERMONT ORDINANCE NO.2023-006 (a). The lake front property, i�parate from the plot that contains the primary, living structure (i.e. frontageparated by a roadway from the plot containing the primary living structure.) and is accessed by a permitted driveway connection from the adjoining right-of-way or street. (b). The lake frontage property does not contain a structure suitable for sleeping or temporary living ivingLguarters. (c). All boats and trailers must have a valid registrations and license plates and be registered to the property owner or immediate family members. All watercraft vessels must appear operable by visual inspection. (d). The boat and trailer may not be parked on any rights of way or dedicated easements. (e). All ground cover or overgrown vegetation around the boat must be in compliance to City Codes and maintained by the property owner or occupant. (f). A maximum of four (4) watercraft vessels and/or two (2) trailers shall be permitted on each parcel or lot. (i.e. 3 jet skis and 1 boat), paddleboats and kavaks shorter than 10 feet in length are exempt from this section of the code. (g).No paid storage for boats or trailers shall be allowed for areas that are zoned residential. (h).Temporary structures or tents will not be allowed to remain on lakefront properties more than 24 hours in a 14 day timeframe. Sec. 38-6. Penalty for violation of chapter. Every person violating any provision of this chapter shall be subiect t to penalties as provided by section 1-15. (Code 1962, § 24-5; Code 1998, § 38-5; Ord. No. 230-C, § 1, 3-22-1983) SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. S= CIERWONT CITY OF CLERMONT -, ORDINANCE NO.2023-006 SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such editorial license. SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, sections of the 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 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 8: 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. 6, CLE ' nR CITY OF CLERMONT 0-dam ORDINANCE N0.2023-006 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28 h day of March 2023. ATTEST: Tracy Ackroy Howe, MMC City Clerk Approved as to form and legality: CITY OF CLERMONT Tim Murry, M yor -'A