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12-03-1957 Regular Meeting Regular meeting A regular meeting of the city Council of the city of Clermont was held at the city hall on Tuesday, December 3, 1957. The meeting was called to order at 7:30 P. M. w&th all Council members prese~others present were Mayor Keene, City attorney Marse, Sup~. Sheldon and Police Chief Parker. The minutes of the meeting held on November 19, 1957 were read and approved. Mrs. Carrington offered and moved that it be 'passed AN ORDINANCE WHOnLY AMENDING CHAPTER XX OF THE REVISED GENERAL ORDINANCES OF THE CITY OF llLERMONT, LAKE COUNTY, FLORIDA; BEING THEREIN DESIGIN~D AS.WATER WORKS"; PROVIDING FOR OTHER MATTERS aBLATING THERETO:- PROVIDING FOR PENALTIES FOR VIOLNfION OF AlIT OF THE PROVISIONS HEREIN; AND PROVIDING }tUR THE EP1,ECTrllE DATE HERETO: The motion was seconded by Mr. Roe and unanamously carried. Mr. Roe then moved that the rules be waived and that the Ordinance be read the second time by title. The motion was seconded by Mr. Bishop and unanamously carried. After the second reading of the Ordinance, by title only, Eo1. Van Nostrand moved that the rules be further waived and that the Ordinance be placed upon it s passage. The motion was seconded by Mr. Bishop and unanamously carried. Thereupon the ordinance was read in full for the third time and upon roll call vote the ayes were :Tu~vi11e, Carrington, Van Nostrand, Roe and Bishop. Nayes: none. Absent: none. The Ordinance passed, title as stated, and was ordered recorded in the Ordinance book and numbered 158. A copy of the ordinance in full appears immediately following these minutes. Mayor Keene introduced Mr. Donald Varket to the Council. Mr. Varkett had made application for a position as patrolman on the city Police force. Mr. Varket was asked numerous questions and was thanked for making the application. Itwas suggested to Mr Varkett that he submit additional letters of recommendation. Mr. Bishop, report.ng for the Streets Lighting Committee, recommended, and moved that Street lights be placed at the following locations: Minnehaha Avenue and loth., Minnehaha Avenue and 11th., Seminole street at West Avenue, Linden" street at West avenue, Virginia drive and Minnehaha avenue (east) and that the existing street light::Jon',Chestnut street between 8th Street and West avenue be removed and placed at Chestnut street and West Avenue. The motion was seconded by Mr. Roe and carried. Col. Van Nostrand reported on a meeting of the Building Committee and submitted a written request that such report become a part of these minutes. The report appears immediately followinghese minutes and is a part thereof. Col. Van Nostrand offered and moved that it be passed AN ORDINANCE AMENDING ORDINANCE 126, aD THE CITY OF CLERMONT, THE SAME BEING"AN ORDINANCE ESTABLISHING ~ONING REGULATIONS lUm PROVIDING POR THE ADMINIS'fRATION AND ENDORSEMENT THEREOF;" PROVIDING POR THE EFB~CTIVE DATE HEREOF. The motion was seconded by Mrs. Carrington and unanamously carried. .. Mr. Roe then moved that the rules be waived and that the Ordinance be read the second time by title only. The motion was seconded by Van Nostrand. After the second reading of the Ordinance, by title only, Col. Van Nostrand moved that the rules be further waived and that the ordinance be placed upon its passage. The motion was seconded by Mr. Bishop and unanamous1y carried. Thereupon the Ordinance was read in full for the third time and upon roll call vote the ayes were Turvi1le, Carrington, Van Nostrahd, Roe and Bishop. ~ayes: none. Absent: none. The Ordinance passed, title as stated and was ordered placed in the Ordinance book and numbered 159. A copy of the Ordinance in full appears immediately following these minutes. Mr. Turville requ&sted that vicechairman Roe preSide over the meeting as he desired to introduce an Ordinance. With Mr. Roe preSiding Mr. Turvi1le offered and moved that it be ppssed AN ORDIKANCE ADOPTING THE FLORIDA MODEL TRAFFIC ORDINANCE, BEING CHAPTER 57-333 OF THE LAWS OF THE STATE OF FL~RIDA, 1957. The motion was seconded by Van Nostrand. Mrs. Carrington rhen moved that t e rules be waived and that the ordinance be read the second time by title only. The motion was seconded by HrSishop "'nd unanamously carried. After the second reading of ~he Ordinance, by title only, Mr. Turville moved that the rules be further @aived and that the ordinance be placed upon its passage. The motion was seconded. by Mrs. Carrington and unanamous1y carried. Thereupon the ordinance was read in full, for the third time and upon roll call vote they aye s were Roe, Carringt on, Van Nostrand, Bishop and Turville. Nayes: None. Absent: None. The Ordinance passed., title as stated, and was ordered recorded in the Ordinance book and numbered 160. A copy of the Ordinance in full appears immediately following these minutes. Mr. Turvi1le resumed preSiding over the meeting. Motion by Roe, seconded by Van Nostrand and carried that the City bear the expense of the water cooler placed in the Community building some months passed. Motion by Bishop, seconded by Roe and carried that Supt. Sheldon have some member of his crew paint the exposed rafters on the city barn. Motion was made by Van Nostrand, seconded by Bishop and carried that in view of the fact that the Council has placed in the 1957- 1958 budget for the city of Clermont the sum of $3,750.00 for one half years salary for a city manager and that on a referendum the voters of the city rejected the employment of a city manager, that the ~3,7jO.OO so budgeted be now budgeted and used for the following capital improvements to-wit: ~3,000.00 for City \tJater Nains. 750.00 for Fire Hydrants. .. Motion was made by Roe~ seconded by Van Nostrand and carried that the City of Clermont allow the Cash Fruit Company to clay Mullholland street from State road 1150 II for a distance of not in excess of one hundred fifty feet; and that said corporation shall bear all cost of such claying thereof and shall be responsible for the care and maintenance thereof; that the general public or any owners of property abutting said street be not denied the free use of said street at any time hereafter; and that by said permission to improve or clay said sr.reet the city does not in any way reject or abandon any part of said street. The sample ballot prepared by Clerk Johnson was inspected and declared to be in order and the clerk was directed to have same prepared and printed. Clerk Johnson read letters from ~:r. 0' neal of Orlando, and City att orney Ir'fing f10rse. .~ Motion by Carrington, seconded by Roe and carried that bills be paid. Motion by Roe, seconded by Bishop and carried that the meeting adjourn until Friday, December 6, 1957, at 5 : 15 P. M . .. Bills payable December 1, 1957 Redm ond Ford Dominion Signal Co., Brantly Electric Co., Fire Calls Central Fla. Well Drillers Bishop & Hutcherson Prescott Motor Service Fla. Ga. Tractor Co. Florida Crushed Stone Co., Badger Meter Co., W. S. Darley Co. Clermont Body Shop Horton J. Barnes Bill Judy Station Donald LaVagine Smith & Smith South Lake Hospital Finley'S Municipal Supply South East Electronics Hughes Southern Pipe & Supply T & R. Office Supply Hilltop Book Nook Clermont Pre s s Wolfe & Konsler Florida Telephone Corp. County Taxes Standard Oil Co. Orange State Oil Co. H. L. Addison F10r ida Power Corp. Cobles Radiator Repairs \rJalker & Jensen .. 194.48 145.75 23.50 66.00 130.15 13.00 11.00 50.00 140.89 350.88 15.73 6.00 2.50 18.72 10.63 20.00 1.60 176 . 00 32 . 15 132.96 1,006.59 16.40 9.60 80.75 12.02 28.95 259.37 221.14 264.17 25.34 1,057.97 11.50 16 . 44 4,552.18 . . .. . OR]jIlfA!'T(,:~ J$)" J.53 AN ORDINA.~0F: A!tF.~rcI~T~. c~n:r!'T4.~~.? l:10 ~~.25.. 01" ~~!m CJJ:5' mr Ul.ll'::.~:1.:'E~'!: ~ '~~i.;i: 2A~'iY.! :'~.E!:.LJ:~~~' .! J..JI "(~!)J:::H:. T:"; 1: E5TA..13'I~:~SH.D!G Z(,'~!\N"'" J~:m~:rJr.AT'~(j~.::3 A~dJ F.':'.?:.'YI~!r~11 :l;'Or. T'i:::;: An::'J,I::~nB~~t,r'.:_L~)~; .4);:':' Jt-:~'~~5'.)h:Gl;:~:i!~:"T~~ ~;;:@r..F.J.J''' ~ -pr"..........I..YrT\TI' -r::r::. 1":1":-(7' 7;.' 'r.:l("~'-i~n' .... fo. "... t.':'~:Of",!~...-;:, . _ ..a.\.. 1" . .. ~ .......J J' 0""'.,, ....~_.:.I .I.:J....I": ...., 0',. ..I. ..' ~..._ .&.J::. L.L.... '- ...... -"..: :" ~ BE IT ORDAINED Ai~'D :ES'.~]~.;:':: n.:';]}.]"i) E.:: ':~l:";~ '~.i..~~'-f .,:.J\T~~r,II, .J.~.' r,,'HF- ~;.Flrl iJF CLE'DM()'l\'I'r: L' TT- "OTn:HI"\;' ""'.' ~~.. .. /) ~ L\U .. .l." : , 1'1 Q.~~;'J .1].\ i ~, .t. .i J\ ),.:l.l. jJ.. ~ SZCTION A: That Orrl:tn?J10(:t ~'=".. 12::; eo1 "!-t.e Gi t:;:r r..~ r;l,t;\:L....l:l0:::..i; I ':jJ:...c.:. SCUlJ.€! beiag ".k'.. O::-cli,r..anr:-e Eet'i;lil:.jj st'!.iae; ZC.~l:.~:.?: .~{~tr,;,J.~.t:l.C!:',fol fjj,:..i!. :P:':'o'i,"~.u-. iug for i;he Adminil3tratj.oJ"'l. E..,'d b:r'.a.('I:J:'s€',!r'.eI'.+; ~:j!.~r~~offl be ~n".ende\.'" t:l 1"ead as fcllo1f,/'s: PRE.r-U1E-!.E AND E!.lA.CTIi'lG (;IJ\.-:-!GJ:!:: :r~1. 07."(:'i~:::' t~ r'("O'tll.~t? .f.,j,l.~ ll"'H~.J:'...b:- safety, :;no::~als, aDd 6e:lerp.:!. 'to;relf~..!."3 of t::'1e ~_r.:"'-".~):i.taJ:)"I.~n .:.1' t1.& Ci t:' of Clermollt, in. the State of Pl,,:r:-i''i.a, rovl ~.:c. e.'~c~o:r:~f'..D.ce ~'Ti th "~he IJ:t'O....J.j.6- ions of Chapter 19539 (l~o" 5/.j.4) ~)::\l'~;: r:.f. Il'l'.:':,,:i.dE\., Ge:::u:~;.'!\l Acts of :t.9~<) d b Ch ~ 8Q,c,.':1 - ~ .~.. . . -, . 1 A .J f' C)"l '1 .. o.n Y ai/.,e:-.:o ..:r't.,;, J../A.\'13 0.. _..&.O:i:':'.Ci.~, i:ip'3c~a,... !1l:S 0 ../'. to , RS BlillU'.ueu c.nd affected by Cba.!?ttj~" 10'~3:?. Ilel'll; I'd rl ~I:t'~da., S'psc::lal Aci;a ('Ii' 192G, authority j.s con:le:r:ored O:D. tlla Cii:y ('If OJ.r-r!.:'J.c~.:i~ '(;('1 t'$"t:a'l)1.ie"u (:;':"~stric'1i3 or zon.es ~i th:i.n 'l:he corporp.t~ J.::..r~j:l;s, fo:':. t:;.109 'Pu.'-':P.o~a of :...'I)gu).atj.ng therp-in the uses of ls.n..i P.-.:J. 0C"J~.t;:;:'l.'!.c.:;i ~:1 of !:)1.::.~_:1..t.:'1..~.1l2=::: a......"c1 ()t~l~:" Str'11C-- tures wi i;h ~ ,rip"tl c,f e~cc.. ....t.'t'a.p;~.r:g th9 M....H:rr. f1..l'rJ:;:()pr~.a';:ie ''!.ae of lan.d in the Ci ty ~ 'be :tt :b.e:;:,~~by ():J:,c1..e:i :n~i by the (1j.ty Goull~l.l of 'i:;.ne Ci';;:f,jf . Clermont! Flo~itia: SECTION ]., ZC~--P:S: Fe,):'::' "..:he J:?u:;~o~e of this orc'tinR.".2~a, ijhe Oi ~y of Gler.-moz:.t ~.s div~_ded into eigh.t di.f:i's:.:'e:ilf.. ki:'l..i.s of ZO:'l~S oj:' c-:istri.cts, as follows: RESIDE~TTrAL Jl-J..-A RESIDENTJ:A.'U R-l RESIDENTIA!J 11-2 COm'rIDl?C!I.A..TJ (1-1 r:r.t l~UF AGT:mI~!G- M-l C.()!JJIil!:RC~.r~j c. -2 1JNCJ.:ASSIFIED u-z 'j:R~SIEN::r~ COii?1:lt1HC'[ATJ ~_.C .~:rJ.d the ~Nm.'lari.es ~ as sho'\'Tn OZl t11.;: ,)fi':i.(.dQ.~. ZO:iJ.:i..D(; M?...,!;, c1ai~e1. De~eJ1- ~er ?, 195.+, s~_p;ned by .tb.~ f1.!=l.:yor~, "chID me;I'b~:,:,~ of ti.le ZC1ling COIim t.tee ~.II;l .J~j,le mem'hers' cf the C:i.t;y ~Cll!:.(~j.::"', wh~.cb. b.~.c :'~en fi.~.ed ~'Ti'l;h the Gi ty Gle:!:'~q aDd <31re:r:y eX!?lo.rJ.~t::n.'~7 note or ]I"R.i.~ter on ~:b.is :nap is i:I.ere- '":Jy Il".e ie aiL ~.:a:lj196ral part of ii:Uis (j.':'d:~:a.ance. On.e r~d';.i.:.~,~ f.l:l.za X'ej):r'~:- ~uction of this map shall be appended to every copy of ~his O~o~.~ance. SECTION 2. ZONE BOUNDARIES: When uncertainty exifJts \'lj,1;h j.'espect to T.he botUldaries of any of the afor~~aid zones, as &hown en the zon- in.g map, the following rules shrtll apply: , (A) wllere zone bOl.tudar:i..es are inrlicat:ed as ap:9:!.~oXil1J.atf!l~ follow- ins the cantt3r lines of the fJt::'eet~ or h:i.Gt.'''~:)''s, B'i~r,~et 15.J7Les or highway right of way lines, such center. lj.n~s, street J.tner:.!, or hieh- "I1a::! right of wa:y lines shall be c('lnstrued to be the legal bonnd.ar~Lcs. (B) Where zone boundaries are so indicatod tb.at the~ approximately follow lot lines, such lot lines shall be construed to be the legal boundaries. (0) Where zone boundaries are so innicated T.hat the~ are approxt- m -=tt(j1.y pare.llel to, but sOIl'l.e G.ictan.ce frcm tihe cent:er 1~Lr.~:)3 of C3'G:c-ap,ts o=~ CV~jltej~ lines of highway :r:i.ghtH of way, such z'Jne bcu;J'clFJ.ries sh:?ll IJ'9 cCJD.strx.ed as being pa1:'allel thereto and at sllnh diE:! ta.r.ce thf!refrom as :i.:ilc.ico.ted on the Zoning l"lRp. If nl) dimension is given on the map ShOltld be determined by the use of the scaie of the m~p. -eit (D) Where the boundaries of a zone follcw a lake sbcr~, such boundary s~all be construed as following the edge of said lake along the low water mark. SECTION 3. USES: In each zon~ land and strl'!.ct1.1res ro.~y .oe used only for the purposes Gpeci.fied i:1 Bf!ci;il":l 9 of tb.is Or(1.i:c.::mce, €!"-:CF.:f"1:; as , . -. t"- .. -. . St. L h+'" ..... ". (l......'..J':.ilSO' :L!'J. r.e :(OJ..LO'!tlJ.Jlg 3C :lon I., or w e.a cons.::}:,..J :i.,E=: g:'1ie:.J1 !.q .(;.....3 Board of Adju~tment and the OiLy CounCil, as provided in Sect:i.(ln 9(A). SECTION 4. NON-CONFGRMING USES: Any la\'lful use or st:!'ucture ex- isting at the time of enactment or subsequent of this Ordinance, which . is not in conformity ",ith the provisions may be continued with the following limitations: J..n..y l....~o or s-prl1cttU.'e \:h.i.:.!:'.:. ~. ~~r.~ L,..-I- c~;...:.:~'")~ to the O:r.di!le\~ce MAY liCiT :r3E: . (A) (B) (C) (D) Changed to e.nothl?!;; "'.~nc'.:'j'.~c':i'j:'.;Y..'; 'L:.=3p.. Re-established a:1,::'::' disoont~n':LnL'.":i:~ ~o't" F!ix (n) mO:!.:l:ihs. ~ended except i~ conf~~ity to thi$ Ordi~a~~e. Rebuilt after damage exce9ding t~o-thir~s of its fair value immediately ~rior to said damage. SECTION 5. OPJ!:li SPACES Ai'4D HEIGHTS: In each zone each S1il.'"Uc.t;ure, hereafte~ erecteti or altered shall 'tle p:r.ovided ".,i th yar,1.s specif:Led and shall not exceed the hei.ghts specified in this Zoning Crdinance, as set forth in the Zoning Scheduie, Secti.o!l 8.. ~o o!>an space or lot required for a bui.lding or struc'l;ure shall d'!.lring i tB life be occupied. by o~ counted as open space for ~lother building or stru~ture. SECTION 6. GR()TJP HOU5Il.'4G PRO,TECT.. In the case of a housing project consisting of n. group of t".,o (~) or :!ilore buiJ.dings t'J 'ba COD.structed. on. a plat of gro\1Il.d. of at leaet t'1:lree (3) acres not s11bd:1.",ided into ('.1.:.stonary streets and lots, w!lich will n~t be s"J.bdivided or w:.lcre the exist:1.Ilg or eontemplated st~~ets an.d la.yout .l!l.E!.ke it i7".prac.t:i.cal to ~tpply the requi~E'mellts of tt.:i s Ordi~ancp. to tha j.ndi vidual bu:Lldin.gs i.n fluch hot~lI3i~.g project~, the ap:?licl3.tic!l of such requirements to such hC.J.s:tng projac.t; s1'.all be don'9 b3. tr.d P.,I=I.!'d of AdjustJr~e:i.lt in a. manner t~at ....1il:i. 'he .!..~ ~.a:t:-:.'I'.c,-:J.y ,,:1 th 'th'9 ....,-= Q.r3.~.i.~:r.' :l;f t~,~ ~s:i.3:t'b"'.rh'.)o<1, 1t1ill insu~e a density of land use ~o higher than and a standard of open space at least as hig~ as required 0:':" t"Lis Ordinance in the zone in whic~ the prcposad project is to be located. In. no c.ase shall the BOArd of Adjl1..Jttlp.nt author~i.z3: (1) A group housing project without apprcval of the City Co~nciJ., ann (2) a use or building height p~o~ioited i~ t~e district of zcne in which the ho~s- ing project is to be l~cated.. SE.JTION ? OFF-STR2:ET .AUTOr-mnIr,E .tJ.~D VEHICID,J.Ul STORA.<PE: 11inimum C-f.r-9tJ:'~et store.ge C'r stp.nd:i ~g s:val~p' for vcbicles Elhall be provided on any of th~ following lots on which ~~ of th~ followin~ uses are hareaIter establish~d: (A) (B) (6) Dwe.'lling: One (1) parking place for each d\'Telli.ng unit: Tourist accommodation: One (1) parking place for ea~h r6~tal unit offered for tou~ist accommodation: Theatre, staclium autjj.torittu"l, or other place of public aBsembly: One (1) parking place for each twenty (20) seats, based on maximum seating capacity: ' (D) Ht::'ltels: One (1) parking space for ea~h four (!.~) sleeping rooms: (E) ST-ores and other establishments in local business districts: One (1) parking space for ea~h two hu~dred (200) square feet of floor space, and adequate load.ing and unloading space: (F) Office Building: ','One (:1.) parking space for each five htUldred (500) aquare feet of office floor area: . (G) Industrial and manufacturing establishments: One (1) parking space for each five (5) workers, based on peak employmmnt, and ., ... :t . . adequate loadin~ and unloading space for all 7ehicles used inci~ental to the operation of the industrial or manuiacturing establishment. S~ch ~dace shall be prcvided with vehicular access to a street or al19Y and shall be ~aa~nd to be reT\irad open space a~sociated vith i;a.A permit'!;ed use and shall not heJ:ea.f'ter be reduced or encroached \..~n:::l in a~ ma.mler. \fuere s~ch space cannot be reasonably provided on the s~e lot with the principal use, the Board of Adjustment may permit such space to be located on other off-street property, provided such space is . . within five hundred (500) feet of the permitted use, as measured along lines of public access. .. f@ o H E-t ~ S ~ ~ ~ ~ ~ ~ ~ I.:) UJ ~ H ~ o t.;:J n v.J ~ o H 1:-1 R ~ l1..l j;;1 .."" :::> ::-.I ..._--- gj o H IZt F.-t E-t ~ FI rQ H .:il f):j -"1 ~ i=t j'-1 f::': 1-':; ~.I:t r:.j 1.1"1 r"l -.:qpp;: ~ P=i~ I!::, ,'~ :::' !E: ~I 1-1 01 H H <oj UJ lzi:>H , 0 ,-I ~ I' .-, I. ...., ~Ho..':jH f.1:.: l=:H:~ ,::: j:'l ~ ~ 1--1 ~-.~ ~. t:I.' l:J) '. 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Z 0 H (,) :j ~ r:il r,..::t .~ E-l (.=1 8 00 '3 ~ Z:24 A - - . 88 ~1Z-4 00 i-<l (\J f:.:l * H~ 0 i ....:1&:1 U) L :~ P:: - CfJ r-f 8 ~I H .0 ~ H E1 r=1 H ~Z ...:.,0 ~ (/) !':J - - m r-i 8 CfJI H ~O ~ H ~~ H -,.. 0 ~ ro') 1:'1 - ....:1 ~ I tj 1'1:1 fl.l . CfJ (j) ~ ~i:! r-i ~ ;:il SCfJ I E-l 8c:.!> (,) E-lp OiZi ~l2i PH ~ P::H (,) (j\ E-l I~ 0 ~ ., ':::.1 N 1'='1 . ::J= 8 AA ~ e,!)(,) .z; U Z ri:! ,~ ;Zi r-i H ll.l 1~ ....:1 r,:,! ,-1 · ;':18 . r~ 8 ') I -,. ""i .~... .~ ::J t-l~ I r r1 P:: ~ '") r~ ...., '":,1 U1 ZH IilO (,) r-f I ~ E-t '. . SECTION 8. NOT~S PERTAINING TC ZONING SCH~DULE AND AREA H.EC.:JLA'IIOrlS : . NOTE A (1) One (1) 'buiJ.ding and its aB~~,eSS():!:'J' s'~ructures In.9.y be erected on any lot which waG separately recorded prior to December 7, 1954, !)rGof of which shall be p.st&.blisl:18d only by 'l;he Official Zoni~g Map dated Dece:rJ.~'3:.:' 7, ~L 951!. 'j \V'i th. 21;.':'8~r:l).<:'!nt r,fficiF',i. chang8s, eX' by a p:;"at or die.graru. c,f <3, p3.:"C'cel or i:l'i.11xLi.--~ e::.r:!,. of 1tf).:;.ch '(;11e :',.,()'c is a par~;? \,rhich has bee:;:! officiR~~l;r a~cep'::B'l 'iTY' -c!..'.e Gi-t~r CO'.1Dcil a:r.,6. ::.'ecnrcLed in the office of the C:'.ty Clerk b:;- a d.e('G. Tecrn-d~d :;.:11 the cfl'i~e of the County Clerk of Lake County prior to Decembe~ 7, 1954. (2) No d~elling shall be erected on a lot which does not abut on at least one (1) street for thirty (30) feeto NOTE B (1). In any zone in '\:lhich the lots are less than lOa feet deep, the front-yard c1eara.D.ce ma.y be reduced one percent (1%) for each foot that t:1.e lot depth is less than 100 f'88t. (2) where the declico.ted. street right of ""'lay is less than 50 feet, the prescribed clea.rance of the fr')::l~:-ya:c0. shall be measured from a point 1t'vhich is 25 feet ::::.:-oro. tbe cen'~er of S9.~.d. street, insteaJ. of measuring such depth from thG front property line. NOTE C. Distances of buildings from State and Federal Highway shall be limited as follows: On all lands adjoir:j.ng tbe rights of vray of State Hie:;hw8.Y No. 50 and U. B. High~V'ay No. 2'l~ 1t,d.ti,lh1 the city l:J.m.i"";,3 O.'f CleXT1Q:1t and reGard.less of ZODe designa'c.ioIl., l1.C b-u.iJ.ding o:r' 3-C:C\lct"J.re shall be erected, constructed or placed thereon closer than 75 feet from the center lines of such rights of 1vayo NOTE D (1) Corner lots shall have on the street sic1.e, a side yard not less than 66 2/3 percAnt of the fI'Gnt-:ra:ed clearance required on ';:;he lots in the rear of such cornel' lot: aFd no accessory structu:r:e shs,ll protect beyond the fronl:;-J7'ard blii1ding line of the lets in. the rear of suc~ corner lote (2) The location of accessory buildings on any corner lot shall be as follows: When 'che rear of any corner lot aOl'.ts a 10t facing tile street which is a side street of the corner lot, no ac(',esso:,=,y building on the corner lot shall be located nearer than ten (10) feet to the ree= line of the corner 10to NOTE E (1) Side-yard clearance requirements in R-I-A Zones shall be as follows: No side yard shall be less than nine (9) feet, nor shall the su.m of beth side yar0.s be less than twenty (20) feet, except as set forth in NOTE C of this Section. (2) Side-yard clearance requirements in R-l and ll-2 Zones shall be as follows: The sum of the two (2) side-yards shall not be less than fifteen (15) feet, but no side-yard shall be less than seven (7) feet. . (3) For each foot by which a lot of official record at the time this Ordinance is enacted is less than the width specified by this Ordinance, two (2) inches may be deducted from each side yard, provided, however, that no side yard shall be less than (4) feet. (4) All residential lot widths shall be measured at the front line of the lot. NOTP. F. No minimum lot si~es are prescribed for C-l and C-3 COJ:Q':llGJ:0:tal Zones, but EU1;:.',h lots ml....st be large enough to provide park- ir.,g and loading areas for the normal operation of the enterprise and as required in Section 7 of this Ordinance. NOTE G. Projections on permitted buildings and structures are permissible, as follows: (1) Steps or stoops not exceeding 24 square feet in area, eaves, cornices, window sills, lintels and belt courses may project into any required yard, except in the case of front yards or .authorized depths, an open porch, terrace, or veranda, with a width of 14 feet in R-I-A Zone, of 12 feet in R-l ~one, aDd of 10 feet in R-2 Zone may be built on the front side of the main building. (2) On lots other than those in the fire limits, occupied by a d.1.oJ'elling, not more than 30 percent of the rear yard may be occu- pied by accessory-use structures, nor shall any accessory building be higher than the main building, nor shall any accessory structure be nearer than 10 feet to the rear line of such lot. NOTE H. Heights of structures are permissible, as follows: ~l) In measuring height a habitable basement or attic shall be counted as a story: (2) Chimneys, elevators, poles, spires, taru{S, towers and other projections not used for human occupancy may extend above the height limit specified in Section 8, Zoning Schedule and Area ~egulations: and, (3) Vhurches, schools, hospitals, sanitariums and other large public and semi-public buildings may be built to a height of 55 feet or 4 stores, if the minimum depth of front and rear yards and the minimum width of side yards, as required in the zone where they are buiRt, are increased one (1) foot for each five (5) feet by which the height of such building exceeds the height limit in feet pre- scribed for other structures in that zone. SECTION 9. USE REGULATIONS: (A) Principal uses: within each of the Zones, as shown on the Official Zoning Map, the principal uses permitted are as follows: Zone R-I-A, Residential. Uses specified in Section 9 (C) Group 1. Zone R-l, Residential. Uses specified in Section 9 nC), Groups 1 and 2. Zone R-2, Residential. Uses specified in Section 9 (C), Groups 1, 2 and 3. Z C C U 9 (C), Group s one -1, ommercial. ses specified in Section 1 to 4 inclusive. Zone C-2, Commercial. Uses specified in Section 9 (C), Groups 1 to 5, inclusive. Zone T-C, Transient-Commercial. Uses specified in Section 9 (C), Groups 1 to 6, inclusive. Zone M-l, Industrial. Uses specified in Section 9 (C), Groups 1 to 7 inclusive: . and, in addition, other uses as specified in Group 8, may be condi- tionally allowed. Such conditional permission may be granted on an individual basis for any of the uses specified in Group 8, provided, however, that written application is made to the Board of Adjustment and to the City Council, and a majority of each of these bodies approves such application. (B) Accessory Uses: In all residential zones accessory uses shall be in accordance with Section 9 (D), Note 1. In zones othzr than res).dentia1 z0~es, accessory use on the same lot with and customarily incidental to the approved principal use thereof will be permitted. 6 ("i) \v Specific uses, by Groups, for reference in conjunction with 'section 9 (.i::>.): (1) Group 1 consists of the fo11o\ving uses: One family detached dwellihg, ~ublic or parochial schook, vhurch, Library, Public park or playground, and Municipal building, structure or use. (2) Group 2 consists of the following uses: All uses in Group 1 Two-family dwelling, Private educatio~al institution offering general courses, CommUllity center, and Noncommercial recreation building or area. . (3) Group 3 consists of the following uses: All uses in Groups 1 and 2, 11u1 tiple-family dwelling, apartment, garage apartment, Hotel, rooming and boarding house (not to include motel or trailer park). Nonprofit club or lodge, Hospital, convalescent home, uursing home, sanitarium Fruit grove, nursery, commercial garden, and Mortuary. (4) . Group 4 consists of ,the follol.rTing uses: All uses in Groups 1 to 3, inclusive, Retail store, manufacturing display room, including small appliance and equipment repair in conjunction, New Automobj.le and automobile-parts sales, Gasoline filling stations, retail only, provided that all tanks are underground, that no tanl: exceeds 5000 gallons in capacity and the total tal~C capacity does not exceed 25,000 gallons, Restaurant, cafe, catering establishment, not in- cluding drive-in type, Bank, Professional or business office, agency or studio, medical and dental clinic or laboratory, Public utility office, Theatre or place of assembly, not including drive-in type, Personal service shops, including beauty barber, dressmaking, tailor, shoe repair, jewelry repair, or similar shop, Trade or business school. Bus passenger station, Newspaper publishing or similar establishment. Automatic self-service laundry, dry cleaning, receiving agency, And custom shop for making articles to be sold at retail on the premises, provided it does not create objectionable nose, dirt, smoke, o~ors, or vibration or an occupational hazard. (5) Group 5 consists of the following uses: All uses in Groups 1 to Lj-, inclusive, . Fublic utility substation, AUGomobile repair and public garage, l~ed autamo~ile sales, not including storage of old cars, wrecks, parts, or junk, Indoor Imusement parlor, Laundry, dry cleaning or c10hhes pressing plant, Agricultural supplies and equipment sales and vJarehouse, wholesale business establishment, Contractor or general service shop, including plumbing, heating, carpentry, cabinet millcing, furniture repair, upholstery, and similar shop, Frozen food lockers Distributing, express, carting or hauling-stationo ~achine and appliance repair shops, Building material and ~anufactured products sales and warehousing or coverea storage; and, Light manufacturing, employing not more than five (5) workers and free from objectionable nose, dirt, smoke, odors, vibration or traffic problems. (6) Group 6 consists of the follo\ling uses:, All uses in Groups 1 to 5, inclusive, Motels, not including trailer parks, Drive-in or curb service diners, Drive-in theatres, Refreshment stands, Souvenir and handicraft sales, Outdoor amusements, such as shuffleboard, tennis, minature golf, bathinG pools, playground equipment on a commercial basis, provided it does not create objectionable noise, dirt, odors, or traffic hazards, Fruit and produce stands, Boat and automobile-trailer sales, not including storage for other than display purposes, Light manufacture of small or novelty products for retail sale on premises. (7) Group 7 consists of the following uses: ~11 uses in Groups 1 to 6 inclusive: Packing and canning plants, Bulk storage of gasoline, oils and grease, Foundry, boiler shop, machine and welding shop, metal \'lorking, Saw and planing mills, Storage warehouses not included in any other group, Sand and gravel yards with facilities for mixing and moulding cement or concrete products, Brick and tile plant, potter, Ni1k Depot. (8) Group 8 ~onsists of the following uses: . Trailer parks, Junk and salvage yards, Abattoir Fat rendering, incineration or reduction of garbage, except by, or for, the City of Clermont, Processing of leather, wood or wood pulp Manufacture of ammonia, asphalt, bleaching powder, cement, chemicals, coke, creosote~ dye, explosives, extrine, fertilizer, fireworks, glucose, glue, gypsum, illuminating as in excess of 1,000 cubic feet per day, lamp black, lime, linoleum, oilcloth, paint, plaster, pyroxylin or articles thereof (including storage in excess of 500 pOlUlds), rubber, starch, tar, turpentine, varnish and any other use, not . . (D) .NOTE 1. otherwise referred to in this section, but which is not in conflict with existing Ordinances of the City of Clermont. Notes pertaining to Use Regulations: The term "accessory uses" as applied to residential zones shall be as follows: (a) Structures and uses incidental to and on the same lot with permitted use, such as private garage, boathouse, greenhouse, tool and fuel houses, workshop, quarters for help employed on the premises, summerhouse or bona fide guesthouse, any of which must be located in the rear of the main use or structure and of a height not exceeding that of the main building. It is permissable to have in the main front building professional offices and rooms for arts and crafts inherent with home life, but using not more than twenty-five (25) percent of the total enclosed living area. (b) The sale of fruits, flowers and produce raised on the premises. (c) Tourist accommodations, without board, not to exceed one (1) room in Zone R-I-A or two (2) rooms in Zone R-l. (d) Advertising signs pertaining only to the sale or lease of a lot or building on which placed and not exceeding 12 square feet in total area; and each family occupying a dwelling on the premises may have not more than 2 signs, each with a total area not exceeding 2 square feet per- taining to the use of the building or bearing the name of the occupant and authorized occupation. All other signs are prohibited. NOTE 2. The use of front yards in Transient Commerical (T-C) Zones, Commercial Use, shall be as follows: The front yard in a T-C Zone may be used for off-street parking of vehicles and may display markers and other devises to control such parking. Such front yards shall be so designed as to prevent the use of the public high- way for maneuvering incidental to parking, and entrances and exits shall be so arranged as to insure a minimum of interference with highway traffic. These front yards may have trees and shrubbery so far as vision of and from the highway is not impaired. These front yards may have lighting standards and other lighting devises which do not present in W1Y way a hazard to highway traffic or interfere with the parking facilities. Wherever a T-C commercial building or use is adjacent to a residential property, the owner or operator of the commercial premises shall provide a hedge or wall to prevent the lights of parked cars or other vehicles from shining into the windows and porches of adjoin~ng residential property. No red or green lights shall be operated within 100 feet of any intersecting road or street. . NOTE 3. No dwelling shall be rected in Zone M-l except with special permission of the Board of Adjustment and the City Council. "If such permission is granted said dwelling shall conform to the regulations set forth for Zone R-2. NOTE 4. ~o building or structure shall be erected in Unclassified Zone (U-Z); however, any owner of property in this zone may request classification at any time following which the pertinent zoning regulations and requirements will govern. S~ . :: ~ To DAM Date Time DPM WHILE YOU WERE OUT M of Phonef 1 Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT 1 RETURNED YOUR CALL I I Message Operator ... AMPAO ."8 EfFICIENCY4Il REORDER #23-000 ,. ~ . .. . . <iii . . ,... SECTION 10. ADMINISTRATION: . It shall be the duty of the Building Inspector to enforce the pro- visions of this Ordinance. No land or structure shall be changed in use and no structure shall be erected, altered or moved until the Inspector has issued a building permit certifying that the plans and intended use of land, buildings and structures are in conformity with this and other Ordinances of the City of Clermont. No land or struc- ture hereafter erected, altered or moved shall be used until the Building Inspector has made an inspection and issued a Certificate of Occupancy indicating that the use of said land, or structure is in--- conformity with this and other existing Ordinances of the City of Clermont. SECTION 11. ADJUSTMENTS: (A) A Board of Adjustment is hereby established. This Board shall consist of five (5) members appointed by the City Council for a period of three (3) years. When and where there are practical difficulties or unnecessary hard ships in the way of abiding to the very letter of this Ordinance the Board of Adjustment shall have the power to interpret and/or grant exceptions to any regulations of this Ordinance, provided, however, that the spirit of this Ordinance is observed and that public safety, health and welfare are preserved, and justice has been done. (B) Any person with a bona fide interest (including intent) in a piece of property may submit a request for a zoning adjustment or decision to the Board of Adjustment, provided that such request is in writing and is accompanied by payment of ten dollars (:~10. 00) to cover administrative expenses, which payment shall be made to the City Clerk and will not be returned or refunded subsequently. SECTION 12. PENALTIES: Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this Ordinance shall be punished by a fine of not less than Five Dollars (~5.00) nor more than Fifty Dollars (~50'~'00) or be imprisoned in the City jam.l for not more than thirty (30) days or both, in the discretion of the City Judge. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION B: All Ordinances, or parts of Ordinances, in conflict with or inconsistent with the provisions of this Ordinance are hereby repealed. SECTION C: This Ordinance shall become effective at midnight on the 10th day after its final passage by the City Council of the said City of Clermont. SECTION D: After thorough investigation by the Council of the City of Clermont and by its Building Committee many errors, irregu- larities and discrepancies were found in said Ordinance No. 126 re- sulting in some cases of a hardship on some property owners, and in order cases a failure in the real intent and purpose of said Ordinance. The Board of Adjustments and members of the Zoning and Planning Commission were consulted and given a copy of this Ordinance, amending Ordinance No. 126 and have verbally advised the Building Committee that these changes must be made in the interests of all property owners. . Therefore, this Ordinance is passed as an emergency measure, and the COlh~cil does, by the vote by which this Ordinance is passed, hereby declare that an emergency exists, which makes it imperative that this Ordinance should become effective forthwith in order that the public health, welfare and safety might most effectively be provided for. . . .,.. - \,. ., ~ ...... ...... .... PASSED by the City COlL"1cil of the City of Clermont at its Adjourned Regular Meeting held in the City Hall on Tuesday, December 3, 1957. R~10LD So TURVILLE, President of the City Council ATTEST: A. M. JOHNSON, City Clerk (OFFICIAL SEAL) RECEIVED AND APP2cCVED by me this December 3, 1957. O. H. KEENE Mayor of the City of Clermont, Florida ---e -e ..,; - ~ .. REPORT OF THE BUILDING COMMITT~E, CITY OF CLERrJfONT " Th~ Building Committee met on Tuesday, December 3, 1957 at 9:00 A.M. All members were present. Letter from City Clerk, City of Clermont dated November 22, 1957 quoting an extract from the minutes of the Council meeting on Novemuer 19, 1957 was read and discussed. In conjunction with the pnoposed amendments to Ordinance No 126 it was agreed that this report representing the unanimous opinion of the Building Committee should be presented to the City Council at its next regular meeting and made a m&tter of official record in its entirety in the minutes of that meeting and copies be sent to each member of the Zoning Commission and the Board of Adjustment. The present ordinance is considered adequate in most respects, however, b~sed upon 2ctual working experience in conjunction with this ordinance the Building Committee considers that the composition and wording in certain cases are not clear, and are confusing or contra- dictory. The same opinion was expressed to the Building Committee by tne Board of Adjustment through its chairman, Mr. J. J. Harris who requested certain clarific&tion and recommended appropriate changes. Also, b~sed upon working experience, it was the opinion that more explicit information or qualifying material was desirable in some places in order to avoid difficulty in certain cases waich might arise in the near future; for example the limitation on storage facilities for gasoline service stations as distinguished from bulk plants, the separation of drive-in type installations from standard establishments, etc. In addition to these items at least two changes were especially advisable in order to adequately protect owners and future buyers of residential property in Clermont; one was the elimination of two- family dwellings in the R-l-A zone, composed generally of high cost and highly taxed property; another was the inadequate clearance requirements for corner properties a:ld the resulting inadequ&.te propection for owners of adjoining property in all resid~ntia1 zones. :1ith these thoughts in mind the Building Committee has, over a period of several months, developed the proposed amendment of Ordi- nance No. 126. The draft copy had been submitted to the entire City Council for discussion; no revision was ever recommended. It was and always was, the intention of this Committee to submit the recommended change's to both the Zoning Commission and the Board of Adjustment for their consider&tion and suggestions. The recent illness of the City Attorney imposed an unexpected delay in the preparation of final draft and, in fact on the entire procedure to such an extent that this consultation did not materialize to the extent that would have been desirable. The Chairman and some members of e&ch group are aware of this condition. The Zoning Commission, upon request of the Chairman, was furnished copies of tne proposed amendment by the City Council and had ample " ~ -- . ,- -2- opportunity over a period of two weeks to study, analyze ,and evaluate the contents and to make any adjustments wl.1ich they desired. The zoning Commission, through its Chairm~n, had also been furnished verbal inform~tion by the City Council relative to the principal amendments and the reasons for such changes. Despite this opportunity the Zoning Commission fc.iled to take any constructive action. Under these circumstances this Building Committee feels th&t the Zoning Commission has had all necessary data upon which a decision could have been reached. No further information other than that contained in the present or proposed documents. orin the verbal comments of the City Council existg,. and upon this bc.sis the Building Committee respectfully declines to conduct any further studies or analyses. Since Novemoer 22, 1957 a majority of the members of the Zoning Commission (C, J. Lindemann, I. R. McKinstry and Gary Viti) have been personally contc.cted by members of the Building Committee. Each of tnese gentlemen has expressed agreement with the Building Committee that Ordinance No 126 should be amended without further delay. It is the considered opinion of the Building Committee that the proposed amendments to the Zoning Ordinance are of such immediate im- portance to the City of C1er~ont and to the continued effective o~eration of this and future building committees and the Board of Adjustment th~t further delay is unjustified. This Committee therefore recommends immediate action by the City Council to amend Ordinance No, 126 as proposed. ~- ! .. . ORDINANCE NO. 158 AN ORDINANCE l\1}!OLLY Al~rDING CflAPTER XX OF TUE REVISED GENERAL ORDINANCES OF TEE CITY OF CLEmJONT, LAKE COUNTY, FLORIDA; BEING T}~ERBIN DESIGNATED AS "WATER WORKS"; FROVIDING FOR O'l'HERMAT1ERS RELATING THERETO; PROVIDING FOR PENALTIES FOR VIOLATION O? ANY OF Tt:E PROVISIONS [EREIN; AND PROVIDING FOR TlfE EFFECTIVE DATE HEREOF: ' BE IT ORDAINED AND ESTABLIS~D BY TEE COUNCIL OF THE CITY OF CLERMONT" LAIm COUNTY, FLORIDA: SECTION A: ThatCbapter XX of the Revised General Ordinances of the ~ity of C1er.ont, Lake County, Florida be" and the same is hereby wholly amended to read as follows: SECTION 1: ADXINISTRAT10N - snORT TITLE (a) The Water Supply, Treatment ~nd. Distribution System of the Ci ty of Clermont, Lake County, ltlorida, otherwise known and designated as the Municipal Water Works Plant, shall be under the supervision of the Water Committee of the City Council of Clermont. This committee may be combined with any other committee by the Council. (b) The City Council shall employ a suitable person as superintendent ot said plant at a salary determined by the Council. Nothing herein shall prevent the Superintendent's duties being combined with those of another (;i ty efilployee.. (c) This Ordinance may be designated and referred to by the Short Title of: WATER WORKS. SECTION 2 z SERVICE CHARGE . Ii (a) A JIlinimWll service charge of $ I -- per month shall be charged each meter account or water user. . " (b) An additional service charge of $ / - per month shall be charged each meter account for each additional living unit having kitchen facilities in any building serviced by the same meter. This also applies to apartments, duplexes or additional houses on the same property or immediately adjoining and abutting property owned by the same person, firm or corpor" ation. . This shall also apply to and be charged each 8xtra house, extra business, or business and residence all under separate roofs although located on the same property, or on contiguous adjoining or abutting property, irrespective of single or more than one ownership thereof. (c) In the event any residence, living unit or business as provided in Sub-Paragraph (b) hereof shall by sale or otherwise become a separate and d.istinct unit, the Council may require the establishment of a new meter acoount for the separated unit, and when once so required and established, the re-uniting of such separated unit with the former units will not necessarily entitle the owner to the elimination of said new account. (d) Monthly or fractional monthly vacancy of any living or business unit above provided for will not discontinue the minimum service charge hereinabove established. (e) The foregoing paragraph shall apply to all accounts outside of the City.s boundaries. " ' SECTION 3: WATER RATES- BILLS (a) The water rate for each fractional 1000 gallons of water metered shall be: '. .. First AllOver 10,000 gallons 10,000 gallons $0.25 per M $0.15 per M .. provided, when less than 1000 gallons is metered the minimum water rate of $0.25 $hall be billed and paid. (b) All accounts outside of the boundaries of the City shall pay the 8ame rates as berein established, plus 25% d the total aonthly bill in dollars and cents. (c) All unpaid consumer accounts shall be delin- quent at the close of business on the tenth (10th) day of the month following the month the water is supplied and the water service may be discontinued by tbe City, and shall not again be restored until all sums due the City have been paid in fUll, plus the additional charge or fee of $~oo for restoring or "turning onU the consuaer service. It~ delinquent bill has been deducted from. the meter deposit, as provided in Section. 4 herein, all delinquent sums, plus the required meter deposit, plus said $3.00 charge or fee for restoring the water shall be paid before service shall be restored. In no case shall monthly bills be allowed to aceu.alate against the meter deposit. (d) Nothing in this Section shall prevent the City Clerk, with consent of the Council, districting or zoning the City for the purpose of staggering the reading of meters and billing for water consumed; however, no meter shall be read or a coneuaer billed for metered water for less than a thirty (SO) day period irrespective wbether said period is within one cal- endar month or fractional part of two consecutive months unless service has been discontinued by consumer under Paragraph (b) of Section 5 hereof. In case of staggered meter reading and billing the consumer shall pay the amount billed on or before the tenth (lOth) day fOllowing the period for which billed. The provis- ions set forth in Sub-Paragraphs (c) and (e) of this Section shall also apply to this Sub-Parab~aph in every respect as if the provisions herein had therein been specifically provided for. (e) All water bills or accounts Shall be paid in the office of the Clerk of the City of Clermont during the business hours thereof. The Council shall cause receipts to be issued for all sums paid on water acoounts. (f) All owners of real estate situated within the corporate Itmi ts of the C,i ty of Clermont shall be held respon- sible for payment to the City of Clermont for all water supplied by said City and used on any real estate situated in the said City, whether such water supplied is used by sucb property owner or their tenanta and the City of Clermont shall have a lien upon any such property for unpaid water bills remaining unpaid for a period of ninety (90) days. Such lien to be superior in dignity to all other liens except for taxes and assessments, and such liens may be foreclosed in the manner provided by law for the foreclosure of liens for labor and material. -2- " .. .. SECTION I: )JETER- DEPOSITS \, .,', (a) Every consumer of water from the Water Supply, Tre~,t.e~;t and Distribution System of the City of Clermont shall and'is hereby required to have installed by the City of Clermont ~ water meter in th~ consumer line. The meter shall be and always remain the property of the City of Clermont. (b) A meter deposit of $10.00 shall be required to be paid in cash in advance of the consumer connection charge being made to the Water System serving all rental property (c) All meter deposits shall be paid to the City of Clermont, and same must be deposited by said City in an account designated as "Meter Deposits" in any bank trust company or Federal Savings and Loan Association. Tlie City shall be entitled to and shall retain all interest earned on said. deposits. These funds cannot be borrowed from or used in any manner by the City. (d) Failure of any consumer to pay any delinquent water account sliall give the City the right to credit the meter Deposit to the delinquent accountf discontinue the service and refund the balance, if atty. to the person entitled to samef or take such legal action a8 is necessary to collect any unpaid balance after crediting said meter deposit. (e) A lessor's deposit shall not be liable for lessee's delinquent account unless assigned to the lessee or in writing is made liable for same by the lessor. (f) No water service shall ever be restored to a consumer until all delinquent water accounts have been paid in full together with the required meter deposit, and payment of $.1.00 service fee or charge, as provided for in Section 8(c) hereinabove. (g) In the event any one coasumer allows theee (8) or more monthly accounts to become delinquent in any part of a calendar year, the City Council s"tsl1 have the author! ty to re- quire the consumer to pay a meter deposit or to pay double the amount of present meter deposit. (h) Water service may be discontinued by any con- sumer for any period not less than one (l) calendar month (from the first of one month to the firet of the following month or from the 15th of one month to the 15th of the fol- lowing month) and for such additional months as ~equested upon due notice to the City Clerk whereupon the ~lerk will direct the consumer's meter to be read and the service discontinued. and the consu.er shall be billed at the next billing date for water metered. Upon consumer's request for the resumption of' water service the Clerk will cause the meter to be read, the service "turned-on" and the City ~lerk wil~ at the next bill- ing date, charge the co.nsumer a fee of $~ for resto.ration of the service. Failure of the consumer~pay this fee shall place his account delinquent and service may be discontinued by the City in the same manner as provided in this Ordinance as if said consumer had become delinq,uent in payaent of water metered and billed. No consumer shall "turn-on" or "turn-off" his water service, without being in violation of this Ordin- '!lnce and subject to the penalty as provided in Section tl hereof, except same be "turned-off" and "turned-on" again under the cirCUMstances as outlined in Sub-paragraph (j) hereof. ..3- .. SECTION 5: SU~VXCl~ OR CONNECTION CHARGES (a) The City Council shall establish service or connection charges to be pajd in advance by the consumer. They shall be posted with the City Clerk and may be established or amended. at any Council m.eeting by Resolution, Ordinance or by Xotion duly made and carried by a 4/5ths vote of the ent:Lre Council membership. When so established, altered or amended they shall remain in full foroe and effect until amended or recinded. Owners or developers of property outside of the boundaries of the City of Clermont shall pay all costs of installation service, connecting charges; including mains, hydrants and all labor and materials based on the saae costs ot materials and labor of like 1nstallat.ion wi thin the City of Cleraont, but to the final dollars and cents cost thereof shall be added an additional twenty-five (25) per cent. (b) Until amended by the City Council as provided in (a) hereinabove the service or connection charge shall be: Keter Size CharRe Up to a/4", incl. $40.00 Over 3/4", the meter eharge shall be established by the ~ouncil in the aanner as providea in Section 5(a) hereinabove. (0) All connection, service charges and fees col- lected and provided for in this Section shall be credited to tbe City'. General Water Revenue Account. (4) All consumer connections to the City's Water System or plant shall always be made only by the City. (e) Service connections shall be from the main to the nearest property line, but said service line distance shall not exceed 100 feet. Beyond 100 feet the Council may, in its discretion, require additional service connection charge as established or determined by thea un4er Paragraph (a) herein. (f) In the event it is determined more practical to install a service connection line across the property of any other person, firm or oorporation, the consumer desiring the service shall provide the City with aD easement of adequate width for the oonstruction and maintenance of said line. (g) All service connection lines sbal1 be and are hereby declared to be a part of the City's Water System and shall always remain the property of tbe City of Clermont. (h) Nothing berein shall prevent the City from removing any service connection line for the purpose of re- locating same. (i) The installation of the water meter in the service connection line on the property of the consumer or on the property of another, as provided in Paragraph ( ) berein~ above, shall in no way vest the title of the meter in the owner or owners of the property upon ~bich said meter is in- stalled. C> (j) No person, firm or corporation shall "tuun- on" the consumer's supply of water after it has been "turned- off" for any reason whatsoeverby the City of Clermont. -4- .. (j) Continued Notb'ng herein shall prevent any person, firm or corporation . or t,!'e authorized employee, contractor or sub-contractor of the consumer from "turning-off" said w~ter supply for the purpose of repairs, extensions or modification of the con- sumer's plumbing; and thereafter, when completed, to turn same back on. Any person violating the provisions of this sub- paragraph, even if authorized or directed by the consumer, shall be guilty of violating this Ordinance and shall be punished in accordance with the penal provisions in Section 6 hereafter. (k) All rates and charges established in this Ordinance may be inoreased on Motion or Resolution duly passed or adopted by the City Council of Clermont after posting or publishing notice of proposed increase for at least thirty <SO) days in advance. All rates and charges established in this Ordinance may be decreased at any time without the required notice; however, if salle are to be increased thereafter said notice shall be required. All rates and charges established. by this Ordinanoe and as subsequently decreased or increased shall at all times be posted in th~ City Ball. SECTION 6: VIOLATIONS . KENALTIES (a) Any person, firm or corporation convicted of the violation of any of the provisions of this Ordinance shall be punisted by a fine of not less than Ten Dollars ($10.00) or more than Two Fundred Dollars ($200.00), or by imprisonment for not aore than thirty (80) days, or by both such fine and imprisonment at the discretion of the Judge of the City or Municipal Court. Each day such violation is committed, or permitted to continue shall constitute a $eparat~ offense and shall be puniShable as such hereunder. SECTION 7: SEPARABILITY. (a) It any seotioD, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a Court of competent juri'diction, such portion shall be d.eemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portione thereof. SECTION 8: DECLARATION O}O'" EMERGENCY, EFFECTIVE DATE, REPEAL OF CONFLICTDTG ORDINANCES - (a) The Oity Council have found many conflh~ts, errors and irregularities in the present ordinance or ordih- ances governing the meter deposits, minimum service charges, connection charges, etc. and have for adoption an ordinance making a separate charge for garbage and trash, which are .now included in the water ord.inances by increased minimwa charges. Therefore, it i$ necessary to amend, combine and otherwise establish, without any doubt, within one ordinance all laws pertaining to the use Of the Water Supply, Treatment and Dis- tribution System by the City's oustomers. Tbe~fore, this Ordinance is passed as an emergency measure, and the Council does, by the vote by which this Ordinance is passed, hereby declare that an emergency exists, which makes it imperative that this ordinance should become effective forthwith in order that the public health, welfare and safety mi~lt most effectively be provided for. -5- .. (b) This Ordinance shall become effective at 12101 A. H. on January 1, 1958. (c) All Ordinance or parts of Ordinances in conflict with this ordinance, or any part thereof, are hereby expressly repealed. ... ... - - - - - - - - - - - ... - .. - - .. - - .. .- - - - - .. .. .. - - PASSED AND ADOPTED ny the City Council of the City of Clermont, Florida at its Regular Meeting held in the City Hall in the CIty of Cler.ont on Tuesday, December 8, 1957. pl-eSided\;f"' the CIty Council ATTEST: C1 ty Clerk - - - - - - - - --- .. .. .. - .. - - .. - - - - - .. ~ - .. - .. .. .. .. RECEIVED AND APPROVED by me this December 3, 1957. Xa YOI' of the City of Clermont, Florida .... - - at - . -.. - - - - -.. - - ........ - - -.. -..... - ... - I, A.. )1. JOHNSON t Clerk of the Oi ty of Clermont tJ Florida do hereby certify that copies of the foregoing Ordinance were posted In three publio places in accordance with the Charter and Ordinances of the City of Clermont, Florida. DATED t 1958. City Clerk - - - - .. - - .. .. - - .. - - - - - - - - '" ... - - - - - - - - -- .. -6. -a '-9 ""- ORDINANCE No. AN ORDINANCE, ADOPI1MG THB PLOlUDA MODEL TRAFPIC ' OaDINANCB, IBlNO CHAPTBIl 57"'333 OF mE LAWS OP PLOlUDA, 1957. IB IT OIWAlMBD AND BST ABLISHBD BY THE C(')lJNQL OF THE CITY 01' CLBlUdONT. PLOlUDA: SBcnoN I: TAat there ia Hteby Idopted by the CIty of Qmnont that certain ordtunce .Iatown aa the Florida }.tode1 Tntt1c OrdJNJJC8, be.lDa Otapter 57,,333, LaM of Florida 1957, !lOt 1... than thr.. c;Gp!_ of Which at- ROW ftl_ aDd hay. hnn OIl me for ten ..,. .. the oUlca of the Clerk of the CitY of ClenDOllt, ..s -*i Plodda NodeI Tra1fk Ordiaaace W h..~, adopttld ...lacotpo,...... fully.. if At out at l..,m UreiD. SBCTlON U: That __.. t!Ml__d "ml.lJltdpalitytl la WMId m the . PlQrtda Nod. Tratftc OnU.uJacett IhIlllMlaekl to m-. the Ctty ot aermoDt. S8CI1OM Ul: TUt ay ,... vlOlaUDJ tU pl'O'riIiou of the PlOt'ida .... Trame Or4taace adopc_ by ref__ ... s-.uon 1 of tJUa ordbWlce _an be dHmed pilty of . .......... ad 1*JdMe41Jy a1lae of aot 1... tUIt $1.00 aM BOt more thlIIl'soo. 00, or by .~ for a periocl of JIOt 1_ tbU OM (1) boar _r 8)re au 'Udy' (60) ...,.. or" Goth 10 fined ad 1~. ltaell day .. Yktlatklll .. commtu_ or permitted to CDDtiau. aHU coutltut. . aepuce .",... .. ... M paaMld. .. IUCh b<<~r. aenOM IV: If., -.etiotl. ftb..UCdoa, __-.:., c1au.., phra.. or ponloa of tIda or.ACe Ie tor ..,. r.... heW Jut1fd. or tIIlCGUttuaUouJl by - any Court of c:ompetf!l1t jurt.tdictioD, such pottion shall be deemed a separate di.tinctand independent provision and such holding &ball not effect the vaUclity of the remaining portions hereof. SEGnON V: 'rhie ordinance shall take effect immediately upon its pa..age. SECI10N VI: All ordinancel or parte of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VII: The general traffic ordinances of this City are anti.. qua-tOO, obsolete and In many 1natancq have been amended and re-amend.rd and arc now so scattered throughout the ordinance book of the City that th(2 public cannot ascertain their true content anc:l the Police Department and Judge of the Municipal Court do not know which ord.1nances are enforceable. Therefore. th1a ordinance is passed as an emergency measure, al1d the Councu does, by the vote by which this ordinance Is passed, hereby declare that an emergency exiata, which makes it imperative that th18 oX\d1- nance should become effective forthwith in order that the public health, welfarf~ and safety might moat effect1 vely be provided for. - - - . ~ . - - . . . . - ~ . . - . - - - - - - . . - . - - - .,- . . . - P ASSBD AND ADOPTED by the City CouncU of the City of Clermo'Dt at its Regular Meeting held in the City Hallin the City of Clermont On -2- -. -. r, / /' " D~t 3rd, 1957. ,1,.,~ _, i -: /"./ l 1./ " . . -" ./~< '~4A4~. ,_/~ ,6~ v-i.:. " ~.6,"- &.,..t4 ' dJacA .. - ! I /. ,. / ATTBST: tjity tt.rk - . - - - . . - - . . - . '. - . - - - . . . . - . ,~ - .~ llBCHIVBD AND AP,aOYBD ~.. dlta 0......1.... 1917. 1IiYit. atyorel.......; .~ ~ . - . - . - . . - - . . . . . . . . . . - . . - . - - I, A. N. JOHNSON, ClAd of eM '*' of a.ttaoat, Plorida, do ..a., eertUy dtat copt.. &f 1M ~. ~ ...re polIt_ i1l dur.. pddie pl_. ia -...d... widl. dl. ahanw_ 0NIa.... of tlM Clty .1 Cler_t, P1eft4a. DATBD mii CU~ 1, ,~' ...8"