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Ordinance No. 2024-037INSTRUMENT#: 2024101738 OR BK 6390 PG 181 PAGES: 4 8/30/2024 7:38:22 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $35.50 CITY OF CLERMONT ` ORDINANCE NO.2024-037 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 117 SIGNS; SECTION 117-26 "OTHER SIGNS"; 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 August 6, 2024 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 1 l 7-26 "Other Signs", to add and clarify language to allow murals and artworks that reflects and enhances the City's diversity, character and heritage through designs by artists for commercial development in the Community Redevelopment Agency (CRA) boundaries; and WHEREAS, the City of Clermont Code of Ordinances, Land Development Code, Chapter 117 "Signs", purpose and intent is to ensure adequate means of communication through signage while maintaining attractive visual appearance within the City; and NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Clermont, that Chapter 117 "Signs" of the Clermont Code of Ordinances be amended to add and clarify language to Section 1 l 7-26 "Other Signs" as set forth in the following amendments shown in Section 2. SECTION l: 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 (strikethrough indicates removed words and underlined indicates added): Section 117-26. "Other Signs" (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 Distfiet ommunity Redevelopment Aaencv (CRA) boundaries. 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 art works are to be exclusively non- INSTRUMENT# 2024101738 OR BOOK 6390/PAGE 182 PAGE 2 of 4 CITY OF CLERMONT rl°i'°\fit ORDINANCE NO.2024-037 commercial 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 commercial building walls and shall not be allowed on any front building facades and walls. (1) Works of art and murals shall be located in the Clermont Gentfal Business Distfiet (GBO) Community Redevelopment A�encv (CRA) boundaries. 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 workmanship, enrich history, and create a vision of what makes it unique. Artwork projects may not encompass any nudity, offensive languages or gestures, gang symbols, graffiti, 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 l 1 inches times 17 inches sketch/graphic design of the proposed artwork for review and approval 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 Clermont 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 art works 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 violations and fines, and the Clermont City Council may revoke the permit after a public hearing. (7) A hold -harmless release and identification wavier in a form acceptable to the city must be signed by the property owner that excludes, indemnifies and releases the City of Clermont of any liability for public art projects on private property. SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. INSTRUMENT# 2024101738 OR BOOK 6390/PAGE 183 PAGE 3 of 4 CITY OF CLERMONT ORDINANCE NO.2024-037 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. SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as apart 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. INSTRUMENT# 2024101738 OR BOOK 6390/PAGE 184 PAGE 4 of 4 GLEP ;'- -NT CITY OF CLERMONT ORDINANCE NO. 2024-037 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27b day of August, 2024. OP 4" CITY OF CLERMONT v: T. M'!� 'A or ATTEST: owe, MMC Tracy Ackro City Clerk APPROVED AS TO FORM AND LEGALITY: & ak4 '-�n --ils—,-6—tykitomey (9-; CITY OF CLERMONT ,* , & ORDINANCE NO.2024-037 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 117 SIGNS; SECTION 117-26 "OTHER SIGNS"; 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 August 6, 2024 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 117-26 "Other Signs", to add and clarify language to allow murals and artworks that reflects and enhances the City's diversity, character and heritage through designs by artists for commercial development in the Community Redevelopment Agency (CRA) boundaries; and WHEREAS, the City of Clermont Code of Ordinances, Land Development Code, Chapter 117 "Signs", purpose and intent is to ensure adequate means of communication through signage while maintaining attractive visual appearance within the City; and NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Clermont, that Chapter 117 "Signs" of the Clermont Code of Ordinances be amended to add and clarify language to Section 117-26 "Other Signs" 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 (strikethrough indicates removed words and underlined indicates added): Section 117-26. "Other Signs" (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 ommunity Redevelon_ ment Aa_ encv (CRA) boundaries. 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 art works are to be exclusively non- S_ CLER ' CITY OF CLERMONT �P ORDINANCE NO.2024-037 commercial 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 commercial building walls and shall not be allowed on any front building facades and walls. (1) Works of art and murals shall be located in the Clermont ✓-Mm!. B+rimesc District (GBB) Community Redevelopment Agencv (CRA) boundaries. 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 workmanship, enrich history, and create a vision of what makes it unique. Artwork projects may not encompass any nudity, offensive languages or gestures, gang symbols, graffiti, 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 inches times 17 inches sketch/graphic design of the proposed artwork for review and approval 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 Clermont 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 art works 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 violations and fines, and the Clermont City Council may revoke the permit after a public hearing. (7) A hold -harmless release and identification wavier in a form acceptable to the city must be signed by the property owner that excludes, indemnifies and releases the City of Clermont of any liability for public art projects on private property. SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. C�ER ' nR CITY OF CLERMONT ORDINANCE NO.2024-037 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. 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. AT CITY OF CLERMONT C h dcf. ORDINANCE NO.2024-037 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27t' day of August, 2024. CITY OF CLERMONT c7�,[4 Tim Murry, M�yor V ATTEST: Tracy Ackro owe, MMC City Clerk APPROVED AS TO FORM AND LEGALITY: