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HomeMy WebLinkAboutOrdinance No. 2025-032 S CLEMOIT CITY OF CLERMONT ORDINANCE NO.2025-032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 117-12 (b)(6), "HEIGHT AND SETBACKS", SECTION 125-522 (a) "GENERAL DEVELOPMENT CONDITIONS", 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 September 2, 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 City Code, Section 117-12 (b)(6), "Height and Setbacks", and Section 125-522 (a) "General Development Conditions"; and NOW,THEREFORE,BE IT HEREBY ORDAINED by the City Council of the City of Clermont,that sections 117-12(b)(6)and 125-522(a)of the Clermont City Code 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`afid°166 Florida Statutes: " - SECTION 2• The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read as follows(note strikethrough indicates removed words and underlined indicates added): Sec. 117-12.—Height and setbacks. (b) Measurement applicable to sign type. The following measurements apply to the type of sign as listed: (1) Ground signs. No ground sign shall be located nearer than 50 feet from intersecting street right-of-way lines on Highways 50 and 27,and 30 feet on other streets. (2) Wall signs. Wall signs may not project more than 18 inches from the wall and may not extend above the roof or facade line. 63 CLERWONT CITY OF CLERMONT ��� ORDINANCE NO.2025-032 (3) Projecting signs. Projecting signs must be a minimum of eight feet above grade level or pedestrian ways and may not extend above the roof or facade line. (4) Vehicle/portable signs. Vehicle/portable signs may be located adjacent to the property line with permission of the administrative official or established designee thereof. (5) Ground directional signs. Ground directional signs may be located adjacent to the property line. (6) Flag poles. Flag poles shall have a ma-mimum height ef 30 feet abeve g (a) General flagpoles: Flagpoles shall have a maximum height of 55 feet above grade unless otherwise exempted under this section. (b) American Flag exemption: Flagpoles shall be exempt from height restrictions set forth in this subsection, provided that: W The installation complies with all applicable Federal Aviation Administration (FAA) regulations and height restrictions-, The structural integrity of the flagpole is certified by a licensed structural en ineer, The flag pole meets all applicable setback requirements unless waived by the by variance: and, . The pole displays the American Flag solely consistent with the provisions of the Flag Code, 8 U.S.C. & 4., subiect to the restriction that any lights used for night-time display shall not violate any other provision of the City Code or other applicable laws and not be a nuisance to neighbors in residential areas. (c) Emergencies. In the event that the American Flag exemption is determined to be unconstitutional, either regarding the Florida or U.S. Constitution then the American Flag exemption shall be construed to only apply during times when the President of the United States of America, pursuant to the National Emergency Act (NEA) has declared a national emergency. Sec. 125-522.—General development conditions. (a) Building permit required. It shall be unlawful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move,add to,repair or modify in any way any existing structures,except by authority of permit issued by the building inspector or planning and development services department of the city acting as administrative officer of the regulations contained in this land development code. The words "planning and development services department," as used in this land development code, shall also mean the planning official or the designated d" CLERWONT CITY OF CLERMONT ��� ORDINANCE NO.2025-032 representative thereof.All development,as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity. Flagpoles and structures erected solely for the display of the flag of the United States of America are exempt from the permit requirements of this section provided they comply with Federal Aviation Administration regulations and any applicable structural engineering requirements as certified by a licensed structural engineer. Such documentation from a structural engineer will be filed with the City. 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 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: 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. CLER NT CITY OF CLERMONT ORDINANCE NO. 2025-032 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 23rd day of September, 2025. CITY OF CLERMONT 4 � r g t Tim Murry, Aayor ATTEST: r cy Ackroy o e, MMC City Clerk Approved as o-fdrm and le ity: 44WAI- 9 Christian W. Wau , City Attorney