O-370-CCITY OF CLERMONT
ORDINANCE N0.370-C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, FLORIDA, AMENDING SUBPART B, LAND
DEVELOPMENT CODE CHAPTER 82, "GENERAL
PROVISIONS", SECTION 82-12 "LAND USE DEFINITIONS" AND
AMENDING CHAPTER 122 "ZONING", ARTICLE III,
"DISTRICTS", DIVISION 11 "M-1 INDUSTRIAL DISTRICT",
SECTION 122-264, "CONDITIONAL USES" CREATING
DEFINITIONS RELATED TO ADULT ENTERTAINMENT
ESTABLISHMENTS AND PROVIDING THAT ADULT
ENTERTAINMENT ESTABLISHMENTS AS DEFINED SHALL BE
ALLOWED WITH A CONDITIONAL USE PERMIT IN THE M-1
INDUSTRIAL DISTRICT PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of the City Code of Ordinances, the City
of Clermont Planning and Zoning Commission, did consider on October 6, 2008 and did
find this Ordinance to be in the best interests of the City of Clermont, and recommended
that the City Council adopt this Ordinance; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
is in the best interest of the City of Clermont; and
WHEREAS, the City Council of the City of Clermont desires to amend the Land
Development Code as provided in this Ordinance and amend the City of Clermont's
Code of Ordinances; and
NOW THEREFORE, be it enacted by the City Council of the City of Clermont,
Florida, as follows:
CF.f TT(1N 1
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.
That Subpart B Land Development Code, Chapter 82 "General Provisions" Section 82-
12 "Land Use Definitions" of the Code of Ordinances of the City of Clermont is hereby
amended to read as follows:
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CITY OF CLERMONT
ORDINANCE N0.370-C
Sec. 82-12. Land use deCnitions.
The words and phrases defined in this section have special or limited meaning as
used in this land development code. The following words, terms and phrases,
when used in this land development code shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
Accessory building, structure or use means a building, structure or use which:
(1) Serves and is clearly incidental and subordinate to the use of the
principal building, structure or use;
(2) Is subordinate in area, extent or purpose to the principal building,
structure or use served;
(3) Contributes to the comfort, convenience or necessity of occupants of
the principal building, structure or use; and
(4) Is located on the same parcel and zoning district with the principal
building, structure or use.
Accessory occupation means an occupation or activity which may be compatibly
conducted and maintained within a dwelling unit.
Accessory residential structure means one (1)one-family dwelling located on the
premises in addition to the principal building and occupied by the owner, relative
of the owner-occupant, caretaker or watchman employed on the premises.
Actual construction means the placing of construction materials in a permanent
position and fastened in a permanent manner. Where demolition or removal of an
existing structure has been substantially begun preparatory to new construction,
such demolition or removal shall be deemed to be actual construction, provided
that work shall be diligently carried on until completion of the new construction
involved. Excavation, fill, drainage and the like shall be considered a part of
construction. Such construction shall be completed within the period specified by
the approved site development order or permit.
Adult means persons who have attained the age of eighteen (18) years.
Adult bookstore shall mean an establishment where a substantial portion of the
items, material, goods or products sold or rented, offered for sale or rent,
displayed or exhibited constitutes adult material.
(1) For purposes of the definition of "adult bookstore," the term
"substantial portion" means more than an insignificant or incidental
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CITY OF CLERMONT
ORDINANCE N0.370-C
portion. The term "substantial portion" does not necessarily mean a
majority or predominant amount.
(2) Whether the adult material constitutes a "substantial portion" of the
items sold, rented, offered for sale or rent, displayed, or exhibited at a
commercial establishment does not depend upon a specific percentage or
ratio.
(3) Whether the adult material that is "sold or rented, offered for sale or
rent, displayed, or exhibited" constitutes a "substantial portion" may be
determined by evidence relating to some, but not necessarily all, of the
following factors:
a. The amount of floor space, wall space, or display area
dedicated to adult material;
b. The amount of adult material sold or rented, offered for sale or
rent, displayed, or exhibited in any category or type of product;
c. The visibility, prominence, or accessibility to customers of
adult material;
d. The retail value of the adult material sold or rented, offered for
sale or rent, displayed, or exhibited;
e. Whether minors are excluded from the establishment;
f. Any other fact, circumstance, or evidence which is relevant to
demonstrate the type and quantity of merchandise that the
establishment sells, rents, offers for sale or rent, displays or
exhibits.
(4) Packages, boxes, containers, or the like, displaying photographs or
text on the outside thereof that fall under the definition of adult material,
shall be considered as a category or type of adult material separate and
distinct from their contents (or former contents) that may likewise fall
under the definition of adult material.
Adult congregate living facility (ACLF) means a structure utilized for the care of
the elderly and handicapped public, occupied by more than three persons that are
not related to the owners of the facility by bonds of blood, marriage or legal
adoption. Such a facility shall be licensed by the state as a congregate living
facility. This term shall not include the criminally insane, or persons with such a
severe physical handicap that nursing care or special machines and equipment are
necessary, or alcoholic or drug rehabilitation houses, or other similar
rehabilitation uses.
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ORDINANCE N0.370-C
Adult entertainment establishment shall mean an adult bookstore, an adult motel,
an adult performance establishment or an adult motion picture theater operated for
commercial or pecuniary gain. ("Operated for commercial or pecuniary gain"
shall not depend upon actual profit or loss. Also, "operated for commercial or
pecuniary gain" shall be presumed where the establishment has or is required by
code to have a local business tax receipt.) An establishment advertising itself as
an adult entertainment establishment is deemed to be an adult entertainment
establishment.
Adult material shall mean any one (1) or more of the following, regardless of
whether it is new or used:
(1) Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, videotapes, slides, computer digital
graphic recordings or other visual representations, or compact discs, audio
recordings or other audio matter, which have as their primary or dominant
theme matter depicting, illustrating, describing or relating to specified
sexual activities or specified anatomical areas; or
(2) Instruments, novelties, devices or paraphernalia which are designed
for use in connection with specified sexual activities, excluding bona fide
birth control devices.
Adult motel shall mean any motel, hotel, boardinghouse, rooming house or other
place of temporary lodging:
(1) Where the word "adult" is used or included by the establishment to
identify or name the establishment; or
(2) Where the predominant or exclusive business or attraction of the
establishment is the offering to customers of a product, service or
entertainment which is intended to provide sexual stimulation or sexual
gratification to such customers, including an establishment which is
distinguished by an emphasis on, or the promotion of specified sexual
activities or the presentation or rental of films, motion pictures,
videocassettes, slides or other photographic reproductions, which have as
their primary or dominant theme matters depicting, illustrating or relating
to specified sexual activities or specified anatomical areas; or
(3) Where any room with sleeping accommodations is rented or
otherwise made available to a customer for a period of eight (8) hours
or less and the customer is required to vacate such room by 8:00 a.m.
following the time of rental.
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ORDINANCE N0.370-C
Adult motion picture theater means any commercial facility with a capacity of
one or more persons used for presenting material distinguished or characterized
by an emphasis on matters depicting, describing or relating to specified sexual
activities or specified anatomical areas, for observation by patrons therein.
Adult performance establishment shall mean an establishment where a worker:
(1) Engages in a private performance, acts as a private model, or displays
or exposes any specified anatomical areas to a customer;
(2) Wears and displays to a customer any covering, tape, pastie, or other
device which simulates or otherwise gives the appearance of the display or
exposure of any specified anatomical areas;
(3) Offers, solicits or contracts to dance or perform with a customer in
consideration for or accepts any tip, remuneration or compensation from
or on behalf of that customer; or
(4) Dances or performs with or within three (3) feet of a customer in
consideration for or accepts any tip, remuneration or compensation from
or on behalf of that customer.
Agricultural building or structure means any agricultural building or structure
accessory to the principal permitted farming, forestry, horticultural nursery farm,
livestock, poultry or other agricultural use of the land. The term "agricultural
building" specifically includes greenhouses, frame houses, cloth houses, lathe
houses or similar sheathing type structures accessory to horticultural nursery farm
products.
Agricultural processing establishment means premises, or a portion of premises,
occupied by an establishment primarily engaged in the processing of agricultural
products for sale, resale or other processing charge normally for wholesale
market, for inter-establishment transfer, or to order for other processors, rather
than for direct retail sale to the domestic consumer. Processing refers to the
mechanical or chemical transformation of agricultural products into new products,
and includes the use of material handling equipment and related storage facilities.
Agricultural processing includes the assembling of component parts of processed
products if the resulting new product is neither a structure nor other fixed
improvement. The final product of agricultural processing may be finished in the
sense that it is ready for utilization or consumption, or it maybe semi-finished to
become a raw material for an establishment engaged in further processing.
Processing also includes making, packaging, crating, shipping or any other similar
activity that results in this part of the creating or changing the form of agricultural
products, including any major specialized cleaning or reconditioning operation or
any other similar major original or restorative treatment.
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ORDINANCE N0.370-C
Animal raising means the housing, penning, caging, boarding, keeping, training
or raising of the following animals in the specified number when such animals
have reached the specified age as measured from birth: four or more dogs at
twelve (12) weeks, four or more cats at twelve (12) weeks, three or more rabbits
at ten (10) weeks, one or more rare animals at ten (10) weeks, or one or more
other specialty animals at eight (8) weeks.
Apartment house means the same as the term "multiple dwelling."
Auction sales establishment means premises, or a portion of premises, occupied
by an establishment primarily engaged in the selling of merchandise, goods and
other items by means of an auctioneer or other similar process of bidding on a
routine or otherwise regularly scheduled basis.
Automobile and truck accessory sales and installation means premises, or a
portion of premises, occupied by an establishment primarily engaged in the retail
selling and installation of automobile tires, batteries and other automobile and
truck parts and accessories directly to ultimate consumers and not for resale. The
term "automobile and truck accessory sales establishments" includes installation
of the automotive accessories sold on the premises, provided such activities are
incidental and accessory to the principal retail selling of tires, batteries and
automotive accessories.
Automobile and truck rental means premises, or a portion of premises, occupied
by an establishment primarily engaged in renting or leasing passenger
automobiles or trucks without drivers, as well as non-motorized hauling trailers
intended to meet the needs of ultimate consumers. Automobile and truck rental
establishments may include maintenance facilities, provided such maintenance
facilities are designed for and incidental to the principal renting or leasing of
passenger automobiles, trucks and non-motorized hauling trailers.
Automobile and truck repair garage means premises, or a portion of premises,
occupied by an establishment on which a person practices avocation or
occupation that performs a type of labor, act or work that primarily results in the
fixing and major repair of automobiles and trucks intended for and directly
incidental to the needs of ultimate consumers, normally for a fee or charge. The
term includes automobile and truck towing services.
Automobile and truck service means premises, or a portion of premises, occupied
by one or more of the following:
(1) Automobile parking establishment. A facility primarily used in
providing commercial parking facilities on open air lots or structures for
relatively short periods of time directly to meet the needs of ultimate
consumers, normally for a fee or charge.
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ORDINANCE N0.370-C
(2) Automobile cleaning establishment. A facility primarily engaged in
furnishing automobile washing, waxing, polishing, detailing or similar
services, except repairs, intended for and directly incidental to the needs of
ultimate consumers, normally for a fee or charge.
(3) Automobile service station. An establishment primarily engaged in
the retail selling of gasoline, recreation and home fuels or
lubricating oils directly to ultimate consumers and not for resale.
Automotive service stations may include the retail selling of minor
automotive accessories, the performing of minor automotive repair work
and the renting of small non-motorized hauling trailers provided such
activities are incidental and accessory to the principal retail selling of
gasoline and lubricating oils. Uses prohibited at an automobile service
station include but are not limited to removal and replacement of heads,
crankcase or body parts considered major mechanical and body work,
painting, welding, tire recapping or re-grooving, or storage of automobiles
not in operating condition, or other work to an extent greater than
normally found in service stations.
Automobile rental office means premises, or a portion of premises, occupied by an
establishment primarily engaged in renting or leasing passenger automobiles
without drivers intended to meet the needs of ultimate consumers. Automobile
rental offices do not include non-motorized hauling trailer or truck rental or
leasing or maintenance facilities.
Automobile wrecking means the dismantling or disassembling of used motor
vehicles or trailers, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
Automotive, equipment, manufactured (mobile home) housing and recreational
vehicle dealer sales means premises, or a portion of premises, occupied by one or
more of the following:
(1) Automobile and truck sales. An establishment primarily engaged in
the retail selling of new or used automobiles and trucks and related new
parts and accessories directly to ultimate consumers and not for resale.
Automobile and truck sales establishments may include repair
departments, provided such repair departments, are incidental and
accessory to the principal retail selling of automobiles and trucks.
(2) Boat sales. An establishment primarily engaged in the retail selling
of new or used boats, motors and related new parts and accessories
directly to ultimate consumers and not for resale. Boat sales
establishments may include repair departments, provided such repair
departments are incidental and accessory to the principal retail selling of
boats, motors and related marine accessories.
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ORDINANCE N0.370-C
(3) Farm equipment sales. An establishment primarily engaged in the
retail selling of new or used farm tractors, equipment and machinery
directly to ultimate consumers and not for resale. Farm equipment sales
establishments may include repair departments, provided such repair
departments are incidental and accessory to the principal retail selling of
farm tractors, equipment and machinery.
(4) Major equipment sales. An establishment primarily engaged in the
retail selling of new or used road-building equipment, construction
equipment, industrial equipment and related large equipment and major
machinery and related new parts and accessories and not for resale. Major
equipment sale establishments may include repair departments if such
departments are incidental and accessory to the principal retail selling of
large equipment and major machinery.
(5) Manufactured (mobile home) housing sales. An establishment
primarily engaged in the retail selling of new or used manufactured
housing, mobile homes and related accessories directly to ultimate
consumers on the premises and not for resale. Manufactured housing and
mobile home sales establishments may include maintenance facilities,
provided such maintenance is incidental and accessory to the principal
retail selling of the manufactured housing and mobile homes.
(6) Travel trailer sales. An establishment primarily engaged in the retail
selling of new or used travel trailers, including park models, and related
new parts and accessories directly to ultimate consumers and not for
resale. Travel trailer sales establishments may include maintenance
facilities, provided such maintenance facilities are incidental and
accessory to the principal retail selling of travel trailers.
Automotive specialty sales means an establishment engaged primarily in the retail
selling of new or used off-road recreational vehicles, motorbikes, motorcycles and
similar automotive product specialties and related new parts and accessories
directly to ultimate consumers and not for resale. Automotive specialty sales
establishments may include repair departments, provided such repair departments
are incidental and accessory to the principal retail selling of motorbikes,
motorcycles and similar automotive product specialties.
Bar, cocktail lounge and saloon mean any building or structure devoted primarily
to the retailing and on-premises drinking of malt, vinous or other alcoholic
beverages, including any facility where a sign is exhibited or displayed indicating
that alcoholic beverages are obtainable on the premises.
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ORDINANCE N0.370-C
Bathhouse means an establishment or business which provides the services of
baths of any type, including all forms and methods of hydrotherapy, unless
operated by a medical practitioner or professional physical therapist licensed by
the state.
Bed and breakfast inn is a structure with a residential appearance, with no more
than fourteen (14) sleeping rooms, which has been constructed or modified to
serve as a short-term public lodging establishment. A bed and breakfast inn
provides personalized accommodations and meal services and is recognized as a
bed and breakfast inn in the community and by the hospitality industry.
Bedroom means a single room for living purposes, without cooking or other
amenities, that is located within a dwelling unit. Such a room is generally
intended and designed to be utilized for human slumber. A bedroom shall not be
construed to mean a sleeping room, sleeping unit or dwelling unit.
Boat livery means premises, or a portion of premises, where boats, boat motors,
minor repair and maintenance of boats and boat motors and small boat hauling
and storage facilities are provided, and includes marinas.
Boat trailer means a conveyance drawn by other motive power for transporting a
boat.
Boatyards and boat ways mean premises, or a portion of premises, where
facilities for the construction, reconstruction, major repair, maintenance or sale of
boats, marine engines, equipment and services of all kinds are provided, including
marine railways, lifting, or boat liveries and marinas.
Business and professional office means a building, or portion of a building,
occupied by an establishment in which a person practices a particular kind of
occupation requiring specialized knowledge and often a long and intensive
preparation that primarily results in a specialized aid, assistance or action directly
or indirectly to the needs of individuals, clients or persons engaged in commerce
or industry, normally for a fee or charge.
Business training school means a building, or portion of a building, occupied by
an establishment primarily engaged in furnishing nonacademic instruction and
trade courses, normally for a fee or charge.
Cabana means an open or tent-like structure at a swimming pool or other type
of waterfront facility.
Carport means a private garage not completely enclosed by walls or doors
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ORDINANCE N0.370-C
Cemetery means premises, or a portion of premises, occupied by an establishment
whose primary function is to provide burial places or grounds. The term
"cemetery" may, in certain instances, include burial places or grounds for pet
animals such as dogs, cats, rabbits, hamsters or other small animals, birds or
reptiles, but not including livestock.
Central sewage treatment facilities means premises, or a portion of premises,
occupied by a structure designed for the treatment of sewage and intended to
serve more than one tract, platted subdivision or planned development project.
Central water treatment facilities means premises, or a portion of premises,
occupied by a structure designed for the treatment of water and intended to serve
more than one tract, platted subdivision or planned development project.
Church means premises, or a portion of premises, occupied by a religious
organization operated primarily for worship and related activities. The term
"church" does not include day care facilities or public school oriented educational
facilities.
Completely enclosed building means a building separated on all sides from
adjacent open space, or from other buildings or other structures, by a permanent
roof and by exterior walls or party walls, pierced only by windows and normal
entrances and exit doors.
Comprehensive plan means the compilation of goals, objectives, policies and
recommendations for physical, social and economic development within the city,
adopted by ordinance pursuant to the Local Government Comprehensive Planning
and Land Development Regulation Act of 1975 (F.S. § 163.3161 et seq.), and
containing all required elements thereof.
Conditional use means a use which would not be generally appropriate within a
class (district) specified within an ordinance or the land development code, and
which could impair the integrity and character of the specific area in which it is
proposed to be located, or adjoining areas, unless restrictions or conditions for
location, size, extent, character, time of performance or other precautionary
criteria are imposed in addition to those specifically imposed by the ordinance or
the land development code.
Conditional use permit means the written, approved permit issued by the
appropriate authority in accordance with the provisions of this land development
code which authorizes a conditional use, and is required prior to issuance of a site
development permit, certificate of occupancy or local business tax receipt for the
premises.
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ORDINANCE N0.370-C
Convalescent home means a building, or portion thereof, wherein, for
compensation, living accommodations and care are provided for persons suffering
from illness (other than contagious illness which is not of sufficient severity to
require hospitalization) or for persons requiring further institutional care after
being discharged from a hospital.
Cul-de-sac means a street having only one end open for vehicular traffic and the
other end permanently terminated by an approved turnaround for vehicles.
Day care facility means premises, or a portion of premises, occupied by a person
licensed to provide day care and related services to unrelated individuals for
periods of time less than twenty-four (24) hours. Day care facilities may include
living quarters containing a kitchen located within the principal building and
designed for the resident family, owner, caretaker or watchmen employed on the
premises.
Density means the degree of aggregation, the quantity of any entity distributed
over an area per unit of aerial measure, e.g., persons per acre, families per acre, or
dwelling units per acre.
Dimensional variance means a written, authorized departure from the terms of
this land development code pertaining to height, width, depth or area of
structures, or size of required yards and open spaces, where such departure will
not be contrary to the public interest, and where, owing to conditions peculiar to
the property because of its size, shape or topography, and not as a result of the
actions of the applicant, the literal enforcement of this land development code
would result in unnecessary and undue hardship.
District means a portion of the territory of the city within which certain
regulations and requirements or various combinations thereof apply under
provisions of this land development code.
Drainage way means any natural or artificial watercourse, trench, ditch, swale or
similar depression into which surface water flows.
Drip line means an imaginary perpendicular line that extends downward from the
outermost tips of the tree branches to the ground.
Drive-in restaurant means an eating and drinking establishment designed
primarily to provide for the quick, efficient and convenient ordering and
dispensing of food and beverages to automobile-oriented customers. Such
establishments normally specialize in carryout purchases, which may be
consumed on the premises, within automobiles or off the premises entirely. Off-
street parking, automobile access to the premises and automobile drive-through
window service or similar in-car service facilities normally constitute a major
service factor in the function of the establishment.
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ORDINANCE N0.370-C
Dwelling, multifamily, means a building consisting of three or more dwelling
units, sharing a single roof, with varying arrangements of party walls and
physically separating features.
Dwelling, single family, detached, means asingle-family dwelling designed for
and occupied by not more than one family, which shares neither walls nor roof
with any other dwelling unit.
Dwelling, two family (semidetached or duplex), means a building containing two
dwelling units, sharing a single roof, which maybe either attached side-by-side by
a party wall, separated by a carport, garage or other physical feature, or erected
one unit above the other.
Dwelling unit means a building or part thereof containing complete cooking,
sleeping and sanitary facilities that is designed in whole or in part as the separate
and independent residence or living quarters for one or more persons, which
provides shelter and the amenities for permanent human habitation, and is
physically separated from any other dwelling units which may be in the same
structure. The term "dwelling unit" does not include the term "bed and breakfast,"
"inn," "hotel," "motel," "boardinghouse," "day care facility," "resident care
facility," "travel trailer," "recreational vehicle" or "tent," or any temporary
lodging, boarding or rooming building or structure designed for transient
residence. A dwelling unit shall not be construed to mean a sleeping unit.
Easement means a grant by a property owner of the use of a specified portion of
the owned land to another party for a specific purpose.
Eating and drinking establishment means a building, or portion of a building,
occupied by an establishment in which a person practices a vocation that performs
a type of labor, act or work that primarily results in the preparation and retail sale
of food and beverages directly to ultimate consumers and not for resale.
Education facilities means a building, or portion of a building, occupied by an
establishment primarily engaged in furnishing accredited academic courses or
technical instruction. Educational facilities include grades kindergarten through
postgraduate and vocational educational courses.
Efficiency means amultiple-family dwelling unit consisting of not more than one
habitable room together with cooking and sanitary facilities. An efficiency shall
not be construed to mean a sleeping unit, bedroom or sleeping room.
Elevated building means anon-basement building constructed to have the lowest
floor elevated above the ground level by means of fill, solid foundation, perimeter
walls, pilings, columns (posts and piers), shear walls or breakaway walls.
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ORDINANCE N0.370-C
Family means one or more persons occupying a single dwelling unit, provided
that, unless all members are related by blood, adoption or marriage, no such
family shall contain over five persons, but further provided that domestic servants
employed on the premises maybe housed on the premises without being counted
as a family. This definition shall exclude fraternity or sorority houses, as well as
boardinghouses, unrelated roommates above the specified number, communes and
other alternative arrangements.
Filling station means the same as the term "automobile service station."
Fishery means premises, or a portion of premises, occupied by an establishment
primarily engaged in commercial fishing and the operation of fish hatcheries or
fishing preserves.
Flammable fuel means gasoline, kerosene, propane, diesel or other combustible
fuel products.
Flea market means an occasional or periodic market held in an open area of land,
or within structures or buildings, where groups of individual sellers offer produce
or goods for sale to the public.
Flood base means the flood having a one percent chance of being equaled or
exceeded in any given year.
Flood insurance study means the official report provided by the Federal
Emergency Management Agency that contains flood profiles, as well as the flood
boundary-floodway maps and the water surface elevations of the base flood.
Floodplain means the land located in areas of special flood hazard as identified
by the Federal Emergency Management Agency (FEMA) in its flood insurance
rate maps (FIRMS) and any revisions thereto.
Floor area means the total floor area within the perimeter of the outside walls of
a building or structure as measured from the inside surface of the exterior walls,
with no deduction for hallways, stairs, closets, thickness of walls, columns or
other interior features, used in determining the required number of exits or in
determining occupancy classifications.
Floor area ratio (FAR) is the mathematical expression determined by dividing the
gross floor area of a building or structure by the area of the lot on which it is
located. The ratio of floor area permitted on a lot shall be calculated exclusive of
unenclosed exterior porches, walkways and the like. The formula for determining
the FAR is as follows:
Gross Floor ArealParcel Area =FAR.
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ORDINANCE N0.370-C
Foot-candle means the illumination shed by one candle on one square foot at a
distance of one foot.
Fueling facility means an establishment where flammable products are supplied,
stored or dispensed.
Funeral home means a building or portion of a building occupied by an
establishment primarily engaged in preparing the deceased for burial and
conducting funerals.
Government-owned use means any land, building, structure, use or activity that
is owned and operated by the city, county, state or federal government or a
legally empowered special governmental district and is necessary to the
conduct of government or the furnishing of public services, or of an institutional
character, and over which such governments exercise direct and complete control.
Government-owned uses are subject to the same requirements as non-
government-owned uses of the same type, except as otherwise provided for in this
land development code. Government-owned uses for which there is no similar
non-government-owned use shall be permitted in any zoning district subject to
approval by the City Council after due public notice as required in the provisions
of this land development code.
Gross leasable area (GLA) means the total floor area for which a tenant pays rent
and which is designed for the tenant's occupancy and exclusive use. GLA is
expressed in square feet and measured from the centerline of joint partitions and
from outside wall faces.
Ground covers means low-growing plants installed in such a manner as to form a
continuous cover over the ground.
Guesthouse means a dwelling unit on the same premises as, but separate from
and in addition to, the principal residential building, specifically for receiving and
lodging guests on a temporary and non-continuous, non-fee and non-charge
basis.
Hazardous means manufacturing or wholesaling and storage that include uses or
activities involving explosive, radioactive, corrosive, toxic, combustible or
flammable materials or wastes, incinerators or furnaces, fertilizer and petroleum
products of any kind.
Heavy denotes those land uses which may be potentially obnoxious or
detrimental with regard to compatibility and impacts on adjacent land uses owing
to emission of smoke, dust, vapors, fumes, odors or noise, vibration of the ground,
visual unsightliness or other conditions which would disrupt the natural amenities
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ORDINANCE N0.370-C
and order of the community, even though the maximum public and private
precautions have been taken and the most stringent performance standards have
been met by such establishments in practicing their vocation or occupation.
Home occupation means an occupation or activity compatible with the existing
neighborhood, land use and zoning district which may be compatibly conducted
by the occupant and maintained within a residential dwelling unit. Such activities
shall be incidental to the principal residential use of the premises, and shall not
occupy or exceed maximum percentages of total floor area allowable by this land
development code, and shall meet all other conditional requirements pertaining to
permitted operation of the use specified by this land development code.
Hospital/medical clinic means a building, or portion of a building, occupied by
an establishment primarily engaged in providing health and mental inpatient
facilities, in which medical or surgical services are a main function, and may
include outpatient facilities, emergency ambulance and rescue service.
Hotel means a building, or portion of a building, containing sleeping units which
have no cooking facilities or other amenities for separate and independent
housekeeping purposes and are occupied on a daily or short term basis. A hotel
may include living quarters containing independent cooking facilities designed for
the resident manager only, or restaurant facilities. Primary access to the sleeping
units shall be through an inside lobby.
Household pet. Household pets shall be considered as an accessory use and are
permitted in all districts, subject to all applicable regulations, ordinances and
codes. Household pets shall include but not be limited to domesticated dogs, cats,
tropical birds and fish, and rodents. Household pets shall not be considered to
include cattle, horses, pigeons, pigs, poultry, sheep or other animals normally
raised for food production, or exotic animals whose normal habitat is in the wild,
whether born in the wild or not.
Impervious surface means any type of building, structure or surface that does not
allow water to directly penetrate and be absorbed by the ground.
Impervious surface coverage or ratio means that percentage of the total building
site which is covered by impervious surface; a mathematical expression
determined by dividing the total impervious surface of a site by the gross area of
the site. The formula for determining the "ISR" is as follows:
Total Impervious Surface/Gross Site Area =ISR.
Incidental use means a land use that is subordinate to, but not necessary or
subservient to, the principal or accessory use.
Indoor means that which is within a wholly enclosed building.
15
CITY OF CLERMONT
ORDINANCE N0.370-C
Junkyard means premises, or a portion of premises, occupied by an establishment
primarily engaged in the accumulation, storage or processing of discarded or
leftover materials which are no longer of enough value or effectiveness to be
retained in their original condition, including articles or parts which have been
discarded and are intended for permanent dismantlement or destruction.
Junkyards may include the selling of various articles, parts and materials salvaged
as a result of the junkyard operation; provided, however, that such sales shall be
incidental and accessory to the principal accumulation, storage or processing of
discarded or leftover materials, articles or parts which have been discarded and
are intended for permanent dismantlement or destruction.
Kennel means any establishment or premises where more than five (5) dogs or
domesticated animals, over eight (8) weeks of age, are housed, groomed, bred,
boarded, trained or sold.
Land area means the total land area within specified boundary lines, usually
expressed in square feet or acres.
Land use means the development, activity or use that has occurred on or is
proposed for the land.
Land use classification means a categorization or grouping of activities (land
uses) according to common characteristics. For the purpose of this land
development code, land use classifications are those generally described in the
land use element of the adopted City Comprehensive Plan and shown on the
official land use plan map.
Land use intensity means the overall structural-mass and open-space/operating-
space relationship of a developed property, based on the physical relationship
between specific development factors which correlate the amount of floor area or
total operational area and the size of the site (land area) with the specific land uses
occurring thereon.
Landscaping service establishment means premises, or a portion of premises,
occupied by an establishment in which a person practices a vocation that performs
a type of labor, act or work off the premises that primarily results in
horticultural services on a given premises, normally on a contract basis or for a
fee or charge. Landscaping service establishments do not include horticultural
nursery farms or horticultural nursery sales.
Laundromat, self-service or coin-operated, means a building, or portion of a
building, occupied by an establishment designed primarily to provide limited
laundry and dry cleaning facilities which are used and operated by ultimate
consumers on the premises on aself-service basis for a fee or charge.
16
CITY OF CLERMONT
ORDINANCE N0.370-C
Laundry and dry cleaning pickup establishment means a building, or portion of a
building, occupied by an establishment designed primarily for the convenient and
efficient pickup and drop off of laundry or dry cleaning by persons not employed
by the establishment. No actual laundry or dry cleaning service or work is
performed on the premises except for the collecting and distributing activities
stated in this definition.
Laundry and dry cleaning plant means a building, or portion of a building,
occupied by an establishment primarily engaged in the commercial operation of
mechanical laundries with steam or other power, normally for a fee or charge, or
establishments supplying laundered items on a contract basis when laundry
facilities are located on the same premises. Laundry and dry cleaning plants
normally involve a substantial amount of equipment and serve a relatively large
trade area through direct or indirect pickup and delivery of laundry and dry
cleaning articles by personnel employed by the establishment.
Library means a building, or portion of a building, occupied by an establishment
where books are kept for use and not for sale.
Light denotes those land uses that are not potentially obnoxious or detrimental
with regard to compatibility and impacts on adjacent land uses, owing to emission
of smoke, dust, vapors, fumes, odors or noise, vibration of the ground, visual
unsightliness or other conditions which would disrupt the natural amenities and
order of the community when providing necessary precautions and meeting
necessary performance standards in practicing their vocation or occupation.
Livestock means any domesticated hoofed quadrupeds held as property, raised for
personal use or raised for the production of livestock and livestock products for
sale. The term "livestock" includes the boarding, breeding, training, exercising,
care and treatment of livestock on the premises and the accessory facilities and
structures designed for such purposes.
Lodging house means a building, or portion of a building, other than a hotel or
motel, where sleeping accommodations are provided for a fee or charge, more or
less transiently, without provisions for cooking by guests, but which may or may
not provide meals for guests and may also serve as the residence of the owner or
operator.
Manufactured home means a home constructed in one or more sections at the
factory and assembled onto a foundation at the building site. A manufactured
home bears the seal from the U.S. Department of Housing and Urban
Development certifying HUD code compliance. Such homes have been
manufactured only since June 25, 1976.
17
CITY OF CLERMONT
ORDINANCE N0.370-C
Manufactured home/mobile home park means a legally platted parcel of land
meeting the requirements of a subdivision under regulations of the city where lots
or parcels are offered for rent, with required improvements and utilities for
placement and accommodation of manufactured homes and mobile homes only,
which may include any land, buildings, structures, services and facilities for
common use of the residents.
Manufactured home/mobile home subdivision means a legally platted parcel of
land meeting the requirements of a subdivision under regulations of the city where
lots or parcels are offered for sale, with required improvements and utilities, for
long-term placement and accommodation of manufactured homes and mobile
homes only, which may include any land, buildings, structures, services and
facilities for common use of the residents.
Manufacturing means premises, or a portion of premises, occupied by an
establishment primarily engaged in the processing of materials, products or
personal property for sale, resale or other processing of materials, products or
personal property for sale, resale or other processing change normally for the
wholesale market, for inter-establishment transfer, or to order for other
processors, rather than for direct retail sale to the domestic consumer. The term
"manufacturing" does not include the fabricating operations performed at the site
of construction by construction or contractor establishments, or the incidental and
accessory minor operations performed by retail sales, service and repair
establishments so defined by this land development code; provided, however, that
such assembly is performed as a specialized aid or customer service intended for
and directly incidental to the needs of ultimate consumers and not for resale.
Mean sea level means, for the purposes of the National Flood Insurance Program,
the North American Vertical Datum (NAND 88) or other datum to which the base
flood elevations are shown on a community's flood insurance rate map as
referenced.
Mini-mall and mall mean the same as the term "shopping center."
Mining means the extraction of lime rock, phosphate or other minerals occurring
naturally, such as ores, petroleum and natural gas, or quarrying of sand, gravel,
rock, fill material and peat. Mining also includes processing activities such as well
operation, washing, crushing, screening, flotation, storing and distributing
necessary in conjunction with mining activities to render the materials
marketable.
Mini-warehousing means storage facilities providing service to the general
public, consisting of groups of individual storage units of 300 square feet or less,
contained within one or more structures, and usually used on a temporary basis.
The utilization of such units for manufacturing, wholesaling or retailing of goods
or materials is prohibited.
18
CITY OF CLERMONT
ORDINANCE N0.370-C
Mobile home means asingle-story structure, constructed prior to June 15, 1976,
transportable in one section, which is at least eight (8) feet in width and
forty (40) feet in length, that is built on a permanent chassis and designed to
be used as one dwelling unit, with or without a permanent foundation, when
connected to the required utilities. The term "mobile home" does not include
manufactured homes or travel trailers.
Motel means a building, or portion of a building, containing sleeping units which
may or may not have cooking facilities and are normally occupied on a daily
or short term basis. A motel may include living quarters containing individual
cooking facilities designed for the resident manager only, or restaurant facilities.
Motion picture theater means premises, or a portion of premises, occupied by an
establishment primarily engaged in the commercial exhibition of motion pictures
normally open to the general public.
Nameplate means a sign, two square feet or less in size, indicating the name and
profession of a person residing on the premises, or indicating a home occupation
legally existing on the premises.
Nightclub means a restaurant, dining facility, bar or other similar establishment
providing food and refreshments where floorshows or other forms of paid
entertainment are provided.
Nonhazardous means manufacturing or wholesale storage that includes uses or
activities that are not defined as hazardous.
Nonprofit club means premises, or a portion of premises, owned and operated by
a group or association of persons and maintained and operated solely by and for
the members of such group or association and their guests, and that is not
available for unrestricted public access or use. Nonprofit clubs may include golf,
country, yacht, fraternal and similar noncommercial groups and associations of
persons and related facilities.
Nursery school means premises, or a portion of premises, devoted to the day care
and instruction of six or more children, not remaining overnight, and not related
by blood or marriage, for a fee or charge.
Nursing home means the same as "convalescent home."
Occupied includes arranged, designed, built, altered, converted to, rented or
leased, or intended to be used or occupied.
Outdoor means that which is not within a wholly enclosed building.
19
CITY OF CLERMONT
ORDINANCE N0.370-C
Outfall means a direct connection of an overflow or drain-down capability from a
retention area to a public drainage facility.
Package store means a building, or portion of a building, where alcoholic
beverages are sold in containers for consumption off the premises.
Parking means the temporary, transient storage of private passenger motor
vehicles used for personal transportation while their operators are engaged in
other activities. The term shall not mean storage of new or used vehicles for sale
or rental or any type purpose other than that specified.
Parking area means any public or private land area designed and used for
parking motor vehicles, including parking lots, garages, structures, tiers, private
driveways and legally designated areas of public streets.
Parking space means a space for the parking of motor vehicles within a public or
private parking area.
Patio means an outdoor paved court or area, adjoining or enclosed by walls or
arcades of a house, used for outdoor dining or living.
Permit means a written, approved and authorized document which grants the
owner of land the right to develop the premises with buildings and improvements,
provided that development or construction is accomplished in compliance with all
regulations and codes applicable of and to the City.
Porch means aroofed-over structure attached to the outside of an exterior wall of
a building, usually to shelter an entrance, which has no enclosure other than the
exterior wall of the building. Open mesh screening shall not be considered an
enclosure.
Premises means a lot, parcel or tract of land under one ownership and all
appurtenances on it.
Printing and publishing mean a building, or portion of a building, occupied by an
establishment in which a person practices a vocation or occupation that
performs a type of labor, act or work that primarily results in publishing or
printing of documents or materials such as but not limited to newspapers, business
forms, brochures and similar materials.
Private club or lodge means a building and related facilities owned or operated
by a corporation, association or group of individuals, established for the fraternal,
social, educational, recreational or cultural enrichment of its members and not
primarily for profit. The term shall not include casinos, nightclubs, bottle clubs or
other institutions otherwise operated for a profit.
20
CITY OF CLERMONT
ORDINANCE N0.370-C
Private garage means an accessory structure designed and used for inside
parking of private passenger vehicles by the occupants of the principal building.
When attached to or a part of the principal building, it shall be considered a part
of the main use. When not attached to the principal building, it shall be considered
as an accessory building.
Private road or street means a private traffic-carrying way set aside for vehicular
traffic primarily serving one premises or planned development project, including
private driveways and access roads.
Private school means any building, or group of buildings, the use of which meets
state requirements for primary, secondary or higher education and which use
does not secure the major part of its funding from any governmental agency.
Professional office means the office of a member of a registered profession,
maintained for the conduct of that profession; or individuals providing services
customarily on a consulting rather than a retail basis, and those licensed by the
state department of business and professional regulation.
Public notice and due public notice mean to require, in advance, a publication of
the notice of the time, date, place and purpose of any public hearing, in
compliance with applicable local regulations, codes and state statutes.
Public offices means a building, or portion of a building, occupied by the city,
county, state or federal government, or a legally empowered special governmental
district, in which public officials and employees direct the administrative and
executive functions and affairs of government.
Public transportation terminal means premises, or a portion of premises,
occupied by an establishment primarily engaged in providing public use
passenger transportation by railway, highway, water or air, normally for a fee or
charge. Public transportation terminals may include maintenance facilities or
freight transportation, provided such maintenance facilities or freight
transportation is incidental and accessory to the principal public use passenger
transportation services.
Recreational vehicle means a mobile unit, which may be either self-propelled or
towed, normally used for recreational, camping and travel use, and includes motor
homes, truck campers, travel trailers, camping trailers, boats and other water-
dependant craft.
Recycling center means an area of land with buildings used for or occupied by a
service activity to deposit, collect, bind, bundle or store material for processing
and recycling, such as newspapers, magazines, books or other paper products,
aluminum, copper, cans, rags and glass. This term shall not include auto wrecking
or junkyards.
21
CITY OF CLERMONT
ORDINANCE N0.370-C
Remodeling, redecorating and refinishing mean any change, removal,
replacement or addition to walls, floors, ceilings, and roof surfaces or
coverings which do not support any beam, ceiling, floor load, bearing partition,
columns, exterior walls, stairways, roofs, or other structural elements of a
building or a structure.
Repair garage means a building or premises which may be designed or intended
for some or all of the purposes indicated under "automobile service station," but
which, unlike a service station, includes provisions for major mechanical repairs
or body work, provided that body work and painting shall be conducted within a
completely enclosed building and that self-propelled vehicles not in safe operating
condition shall be temporarily stored within a fully enclosed building or opaque,
fenced area.
Research, development and testing laboratory means premises, or a portion of
premises, occupied by an establishment primarily engaged in research and testing
on a commercial basis, normally on a contract basis for a fee or charge, or
nonprofit organization primarily engaged in research and the dissemination of
information for the public health or welfare.
Residential care facility means a building, or portion of a building, that
constitutes a living facility which operates to provide the physical, emotional and
social needs of its residents in a family-like setting, regardless of the number of
residents. Such facilities shall include but are not limited to foster homes, group
homes, family shelter homes and adult congregate living facilities as those terms
are defined in the state statutes.
Residential use means a use for living and sleeping of persons, but not
institutional or retail in character.
Restaurant means an eating and drinking establishment designed primarily to
serve walk-in or pedestrian-oriented customers. Such establishments normally
specialize in foods and beverages which are consumed on the premises within the
confines of the principal building itself. While automobile off-street parking
space is normally included on the premises, automobile access and automobile
drive-through window service or similar in-car service facilities normally do not
constitute a major service factor in the function of the establishment.
Retail service means establishments engaged in the provision of services or
entertainment, as opposed to products, to the general public, including but not
limited to eating and drinking places, hotels and motels, finance, real estate and
insurance, personal services, motion pictures, amusement and recreation services,
and health, education and social services.
22
CITY OF CLERMONT
ORDINANCE N0.370-C
Retail trade means establishments engaged in selling goods and merchandise to
the general public for personal or household consumption and rendering services
incidental to the sale of the goods. Some of the important characteristics of retail
trade establishments are:
(1) The establishment is usually a place of business and is engaged in
activities to attract the general public to buy;
(2) The establishment buys or receives merchandise as well as sells;
(3) The establishment may process some of its products, but such
processing is incidental or subordinate to selling activities; and
(4) The establishments sell to customers for personal or household use.
Retention means the holding back or storage of stormwater on a temporary or
permanent basis. For purposes of this Land Development Code, retention shall be
provided pursuant to adopted level of service standards of the City
Comprehensive Plan.
Room means an un-subdivided portion of the interior of a dwelling, excluding
closets, hallways and service porches.
Rooming house means the same as the term "lodging house."
Sanatorium means the same as the term "convalescent home."
School means an educational institution with state-approved curricula and state
certification offering studies at different levels to groups of pupils of various ages,
under either public or private auspices.
Setback means the distance between any property line or street right-of--way line,
and the building or structure and any projection thereof.
Setback line means the line that is the required minimum distance from a street
right-of--way line or any other property line that establishes the area within which
the building or structure must be erected or placed. (Reference the term "front lot
line" under the term "lot" in section 82-11, the "setback" in this section, "building
line" in section 82-11 and the term "yard" in section 82-11.)
Shopping center means a group of commercial establishments planned,
constructed and managed as a total entity with customer and employee parking
provided on site, provision for goods and delivery separated from customer
access, aesthetic considerations and protection .from the elements. Shopping
centers are defined and classified by distinct type and characteristics as follows:
23
CITY OF CLERMONT
ORDINANCE N0.370-C
(1) Neighborhood center and convenience center mean a center that
provides for the sale of convenience goods (food, drugs and sundries)
and personal services, which meet the daily needs of an intermediate
neighborhood trade area. A supermarket or drugstore is usually the
principal tenant, typical gross leasable floor area is approximately 50,000
square feet, and the site will range from three (3) to ten (10) acres in size.
(2) Community center means a center which offers a greater depth and
range of merchandise and services. A junior department store, discount
store or variety store usually accompanies the supermarket in this center,
typical gross leasable floor area is approximately 150,000 square feet, and
the site will range from ten (10) to thirty (30) acres in size.
(3) Regional center means a center which provides a full depth and
variety of shopping goods, general merchandise, apparel, furniture and
home furnishings. One or more full-line department stores with at least
100,000 square feet of gross leasable floor area, a pedestrian mall and
supplementary tenant stores characterize the center. The gross leasable
floor area is typically 400,000 square feet or greater, and the site will
range from thirty (30) to fifty (50) acres or more.
Sleeping room means a single room rented for living purposes but without
cooking facilities or other amenities for separate and independent housekeeping.
The term "sleeping room" shall not be construed to mean a dwelling unit or
sleeping unit.
Sleeping unit means a single room or suite intended for occupancy by persons
who are lodged with or without meals for compensation. A sleeping unit shall not
be construed to mean a dwelling unit.
Solid waste disposal facilities means premises, or a portion of premises, occupied
by an establishment primarily engaged in the disposal of solid waste, rubbish,
refuse and garbage, with or without recycling facilities.
Specified anatomical areas shall mean:
(1) Less than completely and opaquely covered:
a. Human genitals or pubic region;
b. Human buttocks;
c. That portion of the human female breast encompassed within
an area falling below the horizontal line one would have to draw to
intersect a point immediately above the top of the areola (the
24
CITY OF CLERMONT
ORDINANCE N0.370-C
colored ring around the nipple). This definition shall include the
entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast
exhibited by a dress, blouse, shirt, leotard, bathing suit, or other
wearing apparel, provided the areola is not so exposed;
(2) Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Structural alteration means any change in either the supporting members of a
building, such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
Tourist accommodations means commercial establishments primarily engaged in
providing lodging, or lodging with meals for the traveling public, known as
hotels, motels, boardinghouses, rooming houses, seasonal hotels, hostels, cabins
and cottages.
Tourist home means a building, or a portion of a building, other than a motel or
hotel, where sleeping accommodations are provided for transient guests, with or
without meals, for a charge or fee, and which also serves as the residence of the
operator.
Townhouse and row house mean two or more single-family dwelling units
separated by common fire-resistant walls, each located on its own lot with
individual title thereto and each possessing requisite parking to serve the unit.
Yard requirements shall be appropriate to the construction location of the specific
unit, with regard to the requirements of the applicable district schedule in which
the units are located, to include requisite front yards on corner lots.
Travel trailer means a vehicular portable unit which:
(1) Is identified by the manufacturer as a travel trailer or recreational
vehicle;
(2) Is not more than eight (8) feet in body width;
(3) Is of any weight provided its body length does not exceed thirty-two
feet;
(4) Is of any length provided its gross weight, factory equipped for use,
does not exceed 4,500 pounds;
(5) Is designed primarily for short term temporary living and sleeping
purposes for travel, recreation and vacation purposes;
25
CITY OF CLERMONT
ORDINANCE N0.370-C
(6) Includes units designed to be mounted on, or attached to, a truck or
automobile chassis of motorized self-propelled vehicles constructed as an
integral unit. Removal of the means of conveyance from a travel trailer or
the construction of a permanent foundation for a travel trailer does not
change the meaning of the word "travel trailer" as defined or used in this
land development code.
Travel trailer park means a parcel of property, or portion of a parcel of property,
prepared and approved according to the procedures of this land development code
to accommodate travel trailers.
Use of land includes the use of land, air space, water surface, and land beneath
the water to the extent covered by district schedule designations, and over which
the city exercises legal jurisdiction.
Variance means a grant of relief from the requirements of this chapter which
would permit construction in a manner otherwise prohibited by this chapter, and
where specific enforcement would result in a hardship pursuant to this Chapter
and Chapter 86, Article IV.
Zero lot line means the location of a building on a lot in such a manner that one
of the building's sides rests directly on the lot line.
Zoning means the dividing of a legal jurisdiction into districts and the
establishment of regulations governing the use, placement, spacing and size of
land, buildings, structures and ancillary facilities thereon.
Zoning district means a specifically delineated area of the legal jurisdiction
within which regulations and requirements uniformly govern the use, placement,
spacing and size of land, buildings, structures and ancillary facilities therein.
Zoning map means the legally adopted map or map series that is a part of the
zoning regulations, which delineates the boundaries of the specified zoning
districts.
Zoning permit means the document signed by the appropriate governmental
authority as a condition precedent to the commencement of a use or the erection,
construction, reconstruction, restoration, alteration, conversion or installation of a
building or structure, which acknowledges that such use, building or structure
complies with the provisions of the jurisdictional zoning district, or authorized
variance there from.
26
CITY OF CLERMONT
ORDINANCE N0.370-C
SECTION 3.
That Subpart B, Land Development Code, Chapter 122, "Zoning" Article III, "Districts"
Division 11 "M-1 Industrial District", Section 122-264, "Conditional Uses" of the Code
of Ordinances of the City of Clermont is hereby amended to read as follows:
Sec. 122-264. Conditional uses.
(a) Conditional uses in the M-1 district are as follows:
(1) Airports.
(2) Junkyards.
(3) Planned unit development per article IV of this chapter.
(4) Utility facilities (i.e. electric transformers, gas regulator stations, etc.).
(5) Adult Entertainment Establishments.
(6) 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 86, 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 86,
article III, division 3.
27
CITY OF CLERMONT
ORDINANCE N0.370-C
SECTION 4. CONFLICTS.
All Ordinances, resolutions, land development regulations or parts thereof, in conflict
with the provisions of this Ordinance are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, sentence, phrase, word or portion of this Ordinance is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or
impair the validity, force or effect of any other section, sentence, phrase, word or portion
of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional.
SECTION 6. CODIFICATION.
The provisions of Sections 2 and 3 of this Ordinance shall be codified as and become and
be made a part of the Code of Ordinances of the City of Clermont. The Sections of this
Ordinance may be renumbered or re-lettered to accomplish such intention and the word
"Ordinance", or similar words, may be changed to "Section," "Article", or other
appropriate word. The Code codifier is granted liberal authority to codify the provisions
of this Ordinance.
SECTION 7. EFFECTIVE DATE.
Effective Date. This ordinance shall be published as provided by law and shall take effect
immediately upon its Second Reading and Final Passage.
PASSED AND ORDAINED BY the City Council of the City of Clermont, Lake County,
Florida on this c~~ day of ~p~~1~r, 2009.
CITY OF CLERMONT
s'"
aro S. Turville, Jr., Mayor
Attest:
;%
r~~ ~~"
~~
Tracy Ac oy ,City Clerk
~..
28