2010-09-C CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
• AMENDING THE CODE OF ORDINANCES, CHAPTER 122 ZONING,
ARTICLE III DISTRICTS, DIVISION 1 GENERALLY, SECTION 122 -63
DISTRICTS ENUMERATED; SECTION 122 -64 CLASSIFICATION OF
ANNEXED LAND; DIVISION 2 UT, URBAN TRANSITION DISTRICT,
SECTION 122 -70 INTENT, SECTION 122 -71 PERMITTED USES,
SECTION 122 -72 CONDITIONAL USES, SECTION 122 -73 LOT AND
HEIGHT REQUIREMENTS, SECTION 122 -74 YARDS; DIVISION 3. UE,
URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT; DIVISION
4. R -1 -A, SINGLE - FAMILY LOW DENSITY RESIDENTIAL DISTRICT;
DIVISION 5. R -1, SINGLE - FAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; DIVISION 6. R -2, MEDIUM DENSITY RESIDENTIAL
DISTRICT; DIVISION 7. R -3 -A, RESIDENTIAL /PROFESSIONAL
DISTRICT; DIVISION 8. R -3, RESIDENTIAL /PROFESSIONAL
DISTRICT; DIVISION 9. 0-1, OFFICE DISTRICT; DIVISION 10. C -1,
LIGHT COMMERCIAL DISTRICT; DIVISION 11. C -2, GENERAL
COMMERCIAL DISTRICT; DIVISION 12. CBD CENTRAL BUSINESS
DISTRICT; DIVISION 13. M -1, INDUSTRIAL DISTRICT; DIVISION 14
CD, COMMERCE DISTRICT, SECTION 122 -270 INTENT, SECTION 122-
271 PERMITTED USES, SECTION 122 -272 CONDITIONAL USES,
SECTION 122 -273 LOT AND HEIGHT REQUIREMENTS, SECTION 122-
274 YARDS; DIVISION 15. PR, PARKS & RECREATION DISTRICT;
PROVIDING FOR CODIFICATION; SEVERABILITY; EFFECTIVE
DATE; AND PUBLICATION.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City,
has held a public hearing on August 3, 2010 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 desires to amend Chapter 122
Zoning, Article III Districts, Division 1 Generally, Section 122 -63 Districts Enumerated; Section
122 -64 Classification of Annexed Land; Division 2. UT, Urban Transition District, Section 122-
70 Intent, Section 122 -71 Permitted Uses, Section 122 -72 Conditional Uses, Section 122 -73 Lot
and Height Requirements, Section 122 -74 Yards; Division 3. UE, Urban Estate Low Density
Residential District; Division 4. R -1 -A, Single - Family Low Density Residential District;
Division 5. R -1, Single - Family Medium Density Residential District; Division 6. R -2, Medium
Density Residential District; Division 7. R -3 -A, Residential /Professional District; Division 8. R-
3, Residential /Professional District; Division 9. 0-1, Office District; Division 10. C -1, Light
Commercial District; Division 11. C -2, General Commercial District; Division 12. CBD Central
Business District; Division 13. M -1, Industrial District; Division 14 Commerce District, Section
122 -270 Intent, Section 122 -271 Permitted Uses, Section 122 -272 Conditional Uses, Section
122 -273 Lot and Height Requirements, Section 122 -274 Yards; Division 15. PR, Parks &
Recreation District; of the City of Clermont's Code of Ordinances; and
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
NOW, THEREFORE, be it enacted by the City Council of the City of Clermont, Florida
as follows:
SECTION 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.
The City of Clermont Code of Ordinances is hereby amended to read as follows:
Chapter 122
ZONING
ARTICLE III. DISTRICTS
DIVISION 1. GENERALLY
Sec. 122 -63. Districts enumerated.
For the purposes of this chapter, the city is divided into ten districts designated as follows:
UT Urban transition district
UE Urban estate low density residential district
R -1 -A Single- family low density residential district
R -1 Single- family medium density residential district
R -2 Medium density residential district
R -3 -A Residential /professional district
R -3 Residential /professional district
0-1 Office district
C -1 Light commercial district
C -2 General commercial district
CBD Central business district
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M -1 Industrial district
CD Commerce district
PR Parks & recreation district
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
Sec. 122 -64. Classification of Annexed Land.
a. All territory which may hereafter be annexed into the City (except for those properties in
Sec. 122 -64 b.) shall be automatically classified as being within the urban estate
residential district until such classification shall have been changed by an amendment as
provided by law. The City Council may consider a petition for annexation and rezoning
concurrently.
b. All territory which may hereafter be annexed into the City which is located between the
following areas: south of and including Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27,
28 and 33, Township 23 South, Range 26 East; Section 4, Township 24 South, Range 26
East; all said sections lying east of U.S. Highway 27, and west of the Lake
County /Orange County line; shall be automatically classified as being within the Urban
Transition District until such classification shall have been changed by an amendment as
provided by law. The City Council may consider a petition for annexation and rezoning
concurrently.
DIVISION 2. UT, URBAN TRANSITION DISTRICT
See. 122 -71. Intent.
The Urban Transition District is intended as a transition district to allow for public and
semi public uses, primary, secondary and higher education uses, and urban transition uses
including agriculture and single- family structures and uses consistent with the rural
residential standards of the comprehensive plan.
See. 122 -72. Permitted uses.
Permitted uses in the Urban Transition District are as follows:
1. Single- family dwelling units having a minimum living area of 1,500 square feet,
exclusive of garages, carports and screened areas.
2. Buildings, structures or uses maintained or operated by the city.
3. A Public or semipublic facilities or structures not maintained by the city (i.e.,
operated by another unit of government). Such uses may include City or County
infrastructure and support systems or services including storage facilities, spray
fields, rapid infiltrations basin systems (RIBs), and similar systems.
4. Primary or secondary public or private school — organization formed and
chartered for instructional purposes at a primary or secondary level, approved
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under regulations of the State of Florida. Does not include child daycare
businesses.
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
5. College or University — an institution of higher education offering undergraduate
or graduate degrees including community colleges.
6. Cultural Institution — public or private nonprofit facility providing cultural
services to the public. Typical uses may include museums, libraries, and
observatories.
7. Publicly owned recreational facilities that may include both active and passive
facilities.
8. Home occupations as provided in Article V of this chapter.
9. Field crops, orchards and other horticultural uses where no selling at retail is
involved.
10. Accessory uses: customary accessory buildings and structures, including private
garages, noncommercial greenhouses and workshops.
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11. Private docks and boathouses provided that such structures maintain a 25 -foot
side yard setback. A ten -foot side yard setback may be allowed upon receipt of
properly authorized documentation from directly abutting property owners. It
shall be further provided that such structures comply with state and /or federal
regulations, as applicable.
Sec. 122 -73. Conditional Uses.
(a) Conditional uses in the Urban Transition District are as follows:
(i) Churches provided adequate buffer strips between uses are
furnished and maintained.
(ii) Utility Facilities (i.e., electric transformers, gas regulator stations,
etc.).
(iii) Planned Unit Development per Article IV of this chapter.
(b) In case of uncertainty of the classification of any use, uses may be
permitted which, after consideration by the Planning and Zoning
Commission and approval by the City Council are not more obnoxious to
the district than uses provided in this section. All conditional uses must
be provided per Chapter 86, Article III, Division 3.
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
Sec. 122 -74. Lot and height requirements.
Lot and height requirements for the Urban Transition District are as follows:
1. Lot size. A minimum usable land area of not less than five acres is required.
2. Lot width. Minimum lot width is 500 feet measured at the building setback line,
and 250 feet measured along the property lines contiguous to any street or
highway.
3. Impervious surface coverage. For all residential development, the maximum
impervious surface coverage shall be 55 percent, with the principal building,
driveway and walkways limited to 45 percent.
4. Height. Maximum height of 35 feet shall be allowable for all designated
habitable, occupancy use areas of a building or structure, and a maximum height
of 45 feet shall be allowable for the finished height of all buildings or structures.
For the purposes of this Section and Code, habitable, occupancy use area shall
mean that portion of a building or structure included between the upper surface of
a floor and the ceiling above, intended for human occupancy. The height
limitations of this Chapter shall also apply to church spires, belfries, cupolas and
domes not intended for human occupancy and may be a maximum of 55 feet in
height. Facilities owned by the City are exempt from the height regulations.
Sec. 122-75. Yards.
Minimum yard requirements for the Urban Estate District are as follows:
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1. Front yard. Property adjacent to Hartwood Marsh Road, State Road 50 and U.S.
Highway 27 shall maintain a 50 -foot setback. On all other streets the setback shall
be 35 feet.
2. Side yard. The minimum side yard setback on interior lots shall be 15 feet. On a
corner lot the side yard setback shall be 50 feet on Hartwood Marsh Road, State
Road 50 and U.S. Highway 27 and 35 feet on the side adjacent to any other street
and nine feet on the interior side of the lot.
3. Rear yard. The minimum rear yard setback is 25 feet, except where a rear yard
abuts Hartwood Marsh Road, State Road 50 or U.S. Highway 27, a setback of 50-
feet shall be maintained. The rear building line on lakefront property shall be
measured from the established high -water mark. No construction encroachment
may occur in any designated 100 -year floodplain except in accordance with
policies of the adopted comprehensive plan and after formal approval of a site
development plan by the administrative official.
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
4. Buffer strip. When a conditional use abuts a residential use, the conditional use
shall provide a buffer strip along the abutting property line.
5. Other setbacks. All yard setbacks for principal buildings shall be a minimum of
25 feet from the established high -water mark. No construction encroachment may
occur in any designated 100 -year floodplain except in accordance with policies of
the adopted comprehensive plan and after formal approval of a site development
plan by the administrative official.
DIVISION 3. UE, URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT
DIVISION 4. R -1 -A, SINGLE - FAMILY LOW DENSITY RESIDENTIAL DISTRICT
DIVISION 5. R -1, SINGLE - FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT
DIVISION 6. R -2, MEDIUM DENSITY RESIDENTIAL DISTRICT
DIVISION 7. R -3 -A, RESIDENTIAL /PROFESSIONAL DISTRICT
DIVISION 8. R -3, RESIDENTIAL /PROFESSIONAL DISTRICT
DIVISION 9. 0-1, OFFICE DISTRICT
DIVISION 10. C -1, LIGHT COMMERCIAL DISTRICT
DIVISION 11. C -2, GENERAL COMMERCIAL DISTRICT
DIVISION 12. CBD, CENTRAL BUSINESS DISTRICT
DIVISION 13. M -1, INDUSTRIAL DISTRICT
DIVISION 14. CD, COMMERCE DISTRICT
Sec. 122 -270. Intent.
The Commerce District is intended to provide for commerce and workforce oriented
development; low impact/high -tech manufacturing uses; light industrial; professional and
corporate offices; major health care facilities; businesses that provide services or goods to
a regional, national or global market; educational, research and technical institutions and
schools; City or County infrastructure and support systems or services including spray
fields, rapid infiltrations basin systems (RIBs). This district is intended to allow
preexisting uses to remain and permit agricultural uses in an environment that is
compatible with the surrounding natural resources, until such time that development with
a Conditional Use Permit and approved site plan is processed. More intense uses and
development of the property are necessary to promote the general welfare and to secure
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
economic and coordinated land use. Such master planned development must have a high
level of transportation access; adequate public services and facilities; strong market
demand factors for commerce development uses such as office, health services, research,
and /or low impact high tech manufacturing uses; and practical land assembly patterns.
Sec. 122 -271. Permitted Uses.
Permitted uses in the Commerce District are as follows:
1. Buildings, structures or uses maintained or operated by the City.
2. Public or semipublic facilities or structures not maintained by the City (i.e.,
operated by another unit of government). Such uses may include City or County
infrastructure and support systems or services including storage facilities, spray
fields, rapid infiltrations basin systems (RIBS), and similar systems.
Sec. 122 -272. Conditional Uses.
(a) Conditional Uses in the Commerce District are as follows:
(i) Utility facilities (i.e., electric transformers, natural gas regulator
stations, etc.).
(ii) Planned Unit Development per article IV of this chapter.
(iii) Primary or secondary public or private school — organization
formed and chartered for instructional purposes at a primary or
secondary level, approved under regulations of the State of Florida.
Does not include child daycare businesses.
(iv) College or University — an institution of higher education offering
undergraduate or graduate degrees including community colleges.
(v) Cultural Institution — public or private nonprofit facility providing
cultural services to the public. Typical uses may include museums,
libraries, and observatories.
(vi) Publicly owned recreational facilities that may include both active
and passive facilities.
(vii) Master Planned Developments in accordance with the Future Land
Use Element and with a Conditional Use Permit and approved site
plan.
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
(b) Primary commerce type uses shall include: commerce and workforce
oriented development; low impact/high -tech manufacturing uses; light
industrial; professional and corporate offices; major health care facilities
such as hospitals, outpatient surgical care or diagnostic centers; businesses
that provide services or goods to a regional, national or global market; •
educational, research and technical institutions.
(c) Secondary or support uses may include: commercial, hotel,
primary /secondary schools and personal services. Uses shall be limited to
no more than twenty-five (25) percent of the net land area of the
individual Master Planned Development and shall, wherever possible, be
included within the building, building footprint or building site of a
primary use. These uses shall be developed after the completion of a
significant portion of the principal development. Maximum amounts of
development within the support use category shall be established upon
approval of the special area plan.
(d) In case of uncertainty of the classification of any use, uses may be
permitted which, after consideration by the Planning and Zoning
Commission and approval by the City Council, are not more obnoxious to
the district than uses provided in this section. All Conditional Uses must
be provided per Chapter 86, Article III, Division 3.
See. 122 -273. Lot and height requirements.
Lot and height requirements for the Commerce District are as follows, unless pre- existing
conditions existed upon original annexation:
1. Lot size. A minimum usable land area of not less than five acres is required for
any use not in a Master Planned Development.
2. Lot width. Minimum lot width is 300 feet measured at the building setback line,
and 200 feet measured along the property lines contiguous to any street or
highway, for any use not in a Master Planned Development.
3. Impervious surface coverage. All Commerce Master Planned Development shall
have a maximum impervious surface coverage of 40 percent, exclusive of
required open space and conservation areas.
4. Wetlands.
(a) No development shall occur in wetlands or floodplain areas unless
determined by the Site Review Committee that such areas cannot be
avoided for road right -of -way or utilities. Such use must be mitigated in
accordance with the Land Development Code.
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
(b) All developable land shall be based on net developable acreage, rather
than gross (gross acreage less all wetlands, floodplains or open
space /conservation areas).
5. Development within Commerce Districts.
(a) A minimum of 60 percent open space, in addition to wetlands and
floodplains, shall be preserved as open space and conservation areas and
left natural or untouched as preservation for aquifer recharge. This may
include pre- existing agricultural uses. Minor ground work may be
performed with Site Review Committee approval, if it is determined to
enhance the preservation and aquifer recharge of the area. Public or semi-
. public facilities as described in Section 122 -191 (3) shall be exempt from
this requirement.
(b) The maximum impervious surface coverage shall be 40 percent with all
buildings, walkways and parking lots.
(c) Lineal open space areas such as roadway medians or right -of -way may not
count toward required park, open space or conservation areas.
(d) Passive recreational uses may be permitted with a Conditional Use Permit
within open space and conservation areas with Site Plan approval as part
of a Master Planned Development.
(e) Height. Maximum height of 55 feet shall be allowable for the finished
height of all buildings or structures, including architectural features. The
height limitations of this chapter shall also apply to spires, belfries,
cupolas and domes not intended for human occupancy and may be a
maximum of 55 feet in height. Monuments, transmission towers,
chimneys, smokestacks, derricks, conveyors, silos or storage bins,
flagpoles and radio or television transmission towers or aerials may be a
maximum 55 feet in height and approved by the City Council through the
Conditional Use procedure. Facilities owned by the city are exempt from
the height regulations.
Sec. 122 -274. Yards.
Minimum yard requirements for the Commerce District are as follows:
1. Front yard. Property adjacent to State Road 50 or U.S. Highway 27 shall maintain
a 50 -foot setback. On all other streets the setback shall be 35 feet.
2. Side yard. The minimum side yard setback on interior lots shall be 35 feet. On a
corner lot the side yard setback shall be 50 feet on State Road 50 or U.S. Highway
27 and 35 feet on the side adjacent to any other street.
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
3. Rear yard. The minimum rear yard setback is 35 feet, except where a rear yard
abuts State Road 50 or U.S. Highway 27, a setback of 50 feet shall be maintained.
The rear building line on lakefront property shall be measured from the
established high -water mark. No construction encroachment may occur in any
designated 100 -year floodplain except in accordance with policies of the adopted
Comprehensive Plan and after formal approval of a site development plan by the
Administrative Official.
4. Building to building. Building -to- building setbacks shall be established during the
Site Plan review process in accordance with applicable regulations.
5. Buffer strip. When a Conditional Use abuts a residential use, the Conditional Use
shall provide a landscaped buffer strip along the abutting property line in
accordance with the Land Development Code. Increased landscaping, decorative
wall or other treatments may be required by the Site Review Committee.
6. Other setbacks. All yard setbacks for principal buildings shall be a minimum of
35 feet from the established high -water mark. No construction encroachment may
occur in any designated 100 -year floodplain except in accordance with policies of
the adopted comprehensive plan and after formal approval of a site development
plan by the Administrative Official.
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DIVISION 15. PR, PARKS & RECREATION DISTRICT
SECTION 3:
Should any section or part of this section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire section or part of the section may be inseparable in meaning
and effect from the section to which such holding shall apply.
SECTION 4:
The provisions of this ordinance shall be effective as provided by law.
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CITY OF CLERMONT
ORDINANCE No. 2010 -09 -C
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 24 day of August, 2010.
'Harold S. Turville, Jr., Mayor
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ATTES
Tracy Ackro d, City Cler
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