Ordinance No. 2025-0056 CLE MONT CITY OF CLERMONT ORDINANCE NO.2025-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 1251 "ZONING", ARTICLE III "DISTRICTS", DIVISION 13 "M-1 INDUSTRIAL DISTRICT", SECTION 125-397 "CONDITIONAL USES" PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, 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 January 7, 2025, 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 125, "Zoning", Article III "Districts", Division 13 "M-1 Industrial District", Section 125-397 "Conditional Uses"; and NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Clermont, that Chapter 125, "Zoning", Article III "Districts", Division 13 "M-1 Industrial District", Section 125-397 "Conditional Uses" of the Clermont Code of Ordinances shall be amended to make changes, 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: Chapter 125, "Zoning", Article III "Districts", Division 13 "M-1 Industrial District", Section 125- 397 "Conditional Uses"; of the Land Development Code of the City of Clermont is hereby amended to read as follows (note strikethrough indicates removed words and underlined indicates added): 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. (4) Utility facilities (i.e., electric transformers, gas regulator stations, etc.). (5) Adult entertainment establishments. S CLERI" 6NT CITY OF CLERMONT ORDINANCE NO.2025-005 (6) Residential storage warehouses where storage facility uses are exclusively for storing excess personal property generally stored in residential accessory buildings. This shall not include the storage of manufacturing or commercial products. (67) Conditional uses of the C-2 General Commercial District not specifically listed as a permitted use in the M- 1 light commercial 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 properties. (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. 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. SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifer 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. dco CLEFOO OW CITY OF CLERMONT ORDINANCE NO.2025-005 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: 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. S CLERWONT CITY OF CLERMONT ORDINANCE NO.2025-005 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28th day of January, 2025. CITY OF CLERMONT Tim Murry, or City Clerk Approved,as to fArm and legality: W. Waugh, InVrim City Attorney