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2011-03-CCITY OF CLERMONT ORDINANCE No. 2011 -03 -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 2 ADMINISTRATION, ARTICLE VI FINANCIAL MATTERS, DIVISION 2 IMPACT FEES, SECTION 2 -262 REQUIRED; CHAPTER 6 ALCOHOLIC BEVERAGES, SECTION 6 -1 LICENSING VENDORS NEAR SCHOOL OR CHURCH; STANDARD OF MEASUREMENT; CHAPTER 18 BUSINESSES, ARTICLE II SOLICITORS, PEDDLERS AND ITINERANT VENDORS, DIVISION 4 PEDDLERS AND ITINERANT VENDORS, SECTION 18 -83 PROHIBITIONS; CHAPTER 34 ENVIRONMENT, ARTICLE II NOISE, SECTION 34 -21 LOUD, DISTURBING AND UNNECESSARY; ENUMERATIONS, SECTION 34 -32 BUSINESS NOISES IN RESIDENTIAL SECTIONS OF THE CITY; ARTICLE IV JUNKED, WRECKED, ABANDONED PROPERTY, SECTION 34 -91 DEFINITIONS, SECTION 34 -95 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS, SECTION 34 -96 REMOVAL WITHIN 72 HOURS OF NOTICE; SERVICE; CERTIFICATE OF NOTICE; CHAPTER 90 CONCURRENCY MANAGEMENT, ARTICLE I IN GENERAL, SECTION 90 -6 ADOPTED LEVEL OF SERVICE STANDARDS; CHAPTER 118 VEGETATION, ARTICLE III TREES, DIVISION 1 GENERALLY, SECTION 118 -71 MINIMUM TREE REQUIREMENTS, DIVISION 3 TREE REMOVAL PERMIT, SECTION 118 -112 APPLICATION; CHAPTER 122 ZONING, ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 122 -341 ACCESSORY USES AND STRUCTURES; 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 June 7, 2011 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 2 Administration, Article VI Financial Matters, Division 2 Impact Fees, Section 2 -262 Required; Chapter 6 Alcoholic Beverages, Section 6 -1 Licensing vendors near school or church; standard of measurement; Chapter 18 Businesses, Article II Solicitors, Peddlers and Itinerant Vendors, Division 4 Peddlers and Itinerant Vendors, Section 18 -83 Prohibitions; Chapter 34 Environment, Article II Noise, Section 34 -21 Loud, disturbing and unnecessary; enumerations, Section 34 -32 Business noises in residential sections of the City; Article IV Junked, Wrecked, Abandoned Property, Section 34 -91 Definitions, Section 34 -95 Prohibition of storage within residential areas, Section 34 -96 Removal within 72 hours of notice; service; certificate of notice; Chapter 90 Concurrency Management, Article I In General, Section 90 -6 Adopted level of service standards; Chapter 118 Vegetation, Article III Trees, Division 1 Generally, Section 118 -71 Minimum tree requirements, Division 3 Tree Removal Permit, Section 118 -112 Application; Chapter 122 1 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C Zoning, Article V Supplementary District Regulations, Section 122 -341 Accessory uses and structures; of the City of Clermont's Code of Ordinances; and NOW, THEREFORE, BE IT ORDAINED 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 2. ADMINISTRATION ARTICLE VI. FINANCIAL MATTERS DIVISION 2. IMPACT FEES Sec. 2-262 Required Each person who shall apply for a City zoning clearance, building permit or change of use, shall pay impact fees in the manner and in the amount set forth in this division. Such fees shall be collected and used by the City only in such manner as set forth in this division. If there is a change of use, the highest impact fee shall be adhered to and credit for the less intense use may be credited toward the impact fee. New lower intense uses occupying a building shall not be allowed refunds of impact fees previously paid from a prior more intense use. Chapter 6. ALCOHOLIC BEVERAGES Section 6 -1 Licensing vendors near school; standard of measurement No license shall be granted to any licensee under this Chapter for the on -site consumption of alcohol where the vendor's or licensee's place of business is within 500 feet of a school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place 2 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C of business to the main entrance of a school, to the nearest point of the school grounds in use as part of the school facilities. Within the Central Business Zoning District (CBD), the 500 foot distance to a school shall not apply for a business that sells alcoholic beverages for package or onsite consumption, regardless of which was established first. Chapter 18. BUSINESSES ARTICLE IL SOLICITORS, PEDDLERS AND ITINERANT VENDORS DIVISION 4. PROHIBITIONS Section 18 -83 Unlawful activities It is unlawful for any individual solicitor, agent or peddler, including any employee or agent of a charitable organization, as defined in section 12 -31(a) to: (1) Enter the premises uninvited of a private residence for the purpose of selling or solicitation orders for goods, wares or merchandise, personal services or information when a "no solicitors" sign is posted. (2) Remain upon any premises after the owner or occupant requests the solicitor to depart. (3) Make uninvited sales calls before 9:00am and after 8:30pm. (4) Approach back or rear doors or the sides or rear of residential premises. (5) Refuse or fail to exhibit his solicitor's permit identification card, if required to possess one, upon request by any law enforcement officer, code enforcement officer or citizen solicited. (6) Refuse or fail to identify themselves by name and organization or entity by which he is employed or acting as an agent for, upon request of any law enforcement officer or citizen solicited. (7) Sales within road right -of -ways. 3 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C Chapter 34. ENVIRONMENT ARTICLE IL NOISE Section 34 -21 Loud, disturbing and unnecessary; enumerations The creation of any unreasonably loud, disturbing and unnecessary noise in the City is prohibited. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive: (1) Blowing horns or signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended, the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of such device for an unnecessary and unreasonable period of time. (2) Building operations. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00am and 8:00 pm Monday through Saturday and 9:00 am to 6:00 pm on Sunday, except in case of urgent necessity in the interest of public safety and then only with the permission of the Planning and Zoning Department. (3) Exhaust discharge. The discharge into the open air of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud noises there from. (4) Fireworks. The use of fireworks and other noise - making explosives and devices, unless a written permit is first obtained as provided by law. (5) Hawking and peddling. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood. (6) Keeping of animals. The keeping of any animal or bird, which by causing frequent or loud noise shall disturb the comfort and repose of any person in the vicinity. 4 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C (7) Loading and unloading operations. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle, trailer or container, or the opening and destruction of bales, boxes, crates and containers. (8) Noises near churches, schools, institutions of learning or hospitals. The creation of any excessive noise on any street adjacent to any church, school or institution of learning while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in such streets indicating that the same is a church, school or hospital. (9) Noises to attract attention. The use of any drum, pan, pail, bell, horn, trumpet, loudspeaker or other instrument or device for the purpose of attracting attention or intended to attract attention to any performance, show, sale or display of merchandise, except after obtaining permission from the City. (10) Playing of radio, phonograph or any musical instrument. The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00pm and 7:00am, as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. (11) Use of vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise. Sec. 34 -32 Business noises adjacent to residential sections of the City Noises created from nonresidential areas that are adjacent to or spill -over into residential areas shall be prohibited in accordance with the hours listed below. Noises may include but are not limited to the following: The blowing or burning of carbon from cylinders, testing engines, operating machinery or the performing of any kind of work of any nature whatsoever, which produces noises of any kind audible outside of any garage, shop or other place of business located adjacent to the residential sections of the City between the hours of 9:00pm and 7:00 am on any day shall be a violation of the Code. Truck deliveries shall also be prohibited between the hours of 10:00pm and 7:00am for the same locations adjacent to residential sections of the City. 5 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C ARTICLE IV. JUNKED, WRECKED, ABANDONED PROPERTY Sec. 34-91 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Junkyard means any area of land, including structures thereon, that is used or designed to be used for the buying and selling at retail and/or wholesale, and /or storage, or remodeling or reconditioning of old, used or secondhand materials or items of any kind, which among others include cloth, rubber, paper, rubbish, bottles, iron, brass, copper, steel and other metals, furniture and used inoperative motor vehicles or parts thereof, or other like articles, exclusive of or in conjunction with any other use. Residential section means any property now or hereafter zoned under the zoning law of the City as UE, UT, R -lA, R -1, R -2, R -3 -A, R -3, or any other zoned area where such property within such zoned area is used for residential purposes. Nonresidential section means any property now or hereafter zoned or under zoning law of the City as 0-1, C -1, C -2, CBD, M -1, CD, or any other zoned area where such property within such zoned area is used for non - residential purposes, to include but not limited to commercial retail, office, industrial, non - profit, or any other similar type uses. Sec. 34 -95 Prohibition of storage of certain items No person or business shall keep, store or allow to remain on any property within any section of the City any dismantled, partially dismantled, nonoperative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk. For purposes herein, a vehicle that does not have a current and valid Motor Vehicle license tag shall be presumed to be non - operative. Storage of untagged vehicles, boats or similar items shall be allowed if contained within an enclosed structure such as a garage or warehouse. Approved non - residential uses that, as part of the operation of the business have such approved temporary storage for any of those uses listed above, may continue such use. New businesses after approval of this section shall provide an approved, permitted, and completely opaque screening enclosure. Opaque screening must be approved by the Site Review Committee and be in accordance with the Architectural Standards, permitted and installed for such use. 6 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C Sec. 34 -96 Removal within 5 business days of notice; service; certificate of notice. No person in charge or control of any property in a residential or non-residential of the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any dismantled, partially dismantled, non - operative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk to remain on such property longer than 5 days after notice by the City to remove such junk is given to the owner. If the owner is not present, then the notice may be given to any person occupying the property. If it is impractical to give the occupant written notice, then the notice shall be posted upon the property, and the certificate by the Clerk or City Manager of such notice shall be prima facie evidence that the notice was given in the manner certified to by the Clerk or City Manager. No person shall leave any such items on any residential property within the City for a longer time than 5 days. Chapter 90. CONCURRENCY MANAGEMENT ARTICLE L IN GENERAL Section 90 -6 Adopted Level of Service Standards (6) Recreation/ open space. The standards for recreation/open space are as follows: Activitv & Resource /Facility Population standard Park Acreage Active /Passive 10 acres 1,000 Baseball/Softball Field 1 ner 2.000 Basketball Court 1 ner 3.600 Football/Soccer Field 1 ner 7.000 Equipped Pla Area 1 ger 3 18 -hole Golf Course 1 ner 25.000 Recreational Building 1 ner 15.000 Racquetball Court 1 ger 15 Shuffleboard Court 1 ner 5.000 Swimming Pool 1 ner 35.000 Tennis Court 1 ner 2.000 Volleyball Court 1 ger 6 000 7 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C Chapter 118. VEGETATION ARTICLE III. TREES DIVISION 1. GENERALLY Section 118 -71 Minimum tree requirements No Certificate of Occupancy shall be issued by the City on the following types of construction unless the underlying parcel has not less than the indicated minimum number of approved trees: (a) General requirements for the number of trees on residential and non - residential development shall be as follows: (1) Any new single - family or duplex dwelling unit on a single lot shall have not less than three trees. (2) Any new multifamily development shall have not less than one tree per unit. (3) Any single commercial, industrial or other structure requiring site plan approval under the zoning regulations, Chapter 122, or the subdivision regulations, Chapter 110, shall provide not less than four trees per acre, with a minimum of four trees. Trees required under Article II of this Chapter, other than buffer or perimeter trees, may be counted to meet this requirement. (b) Kings Ridge residential lot tree requirements: residential lots located within the Kings Ridge development located east of U.S. Highway 27, west of Hancock Road, north of Hartwood Marsh Road, and south of Sunburst Lane, shall include the provisions as follows, unless covered elsewhere in the Land Development Code: (1) Front yard trees: A minimum of one (1) canopy tree shall be located in the front yard of each residence in accordance with Section 118 -36, Plant material. Said tree shall be approved by the Kings Ridge Community Association (a.k.a. Master HOA) or their appointed representative(s). CITY OF CLERMONT ORDINANCE No. 2011 -03 -C a. Where front yard space is reduced due to development of the lots within a cul -de -sac, pie shaped lots, or lots with reduced widths, canopy trees may be substituted with understory trees in order to permit proper growth. Understory trees shall be in accordance with Section 118 -36, Plant material, and approved by the Kings Ridge Community Association (a.k.a. Master HOA) or their appointed representative(s). (2) Rear yard trees: A minimum of one (1) understory or fruit tree shall be located in the rear or side yard of each residence. Due to the plantings on adjacent lots or tracts, the species, location and size of each of these trees shall be approved by the Kings Ridge Community Association (a.k.a. Master HOA) or their appointed representative(s). (3) Permitting and tree removal: The Kings Ridge Community Association (a.k.a. Master HOA) or their appointed representative(s) shall provide written approval to the homeowner for authorized removal and /or replacement of any residential lot canopy trees. Said approval letter shall be submitted to the City Planning & Zoning Dept. to apply for a Tree Removal Permit. Payment for a Tree Removal Permit is required in accordance with City Code. No trees shall be removed until such permitting is completed. DIVISION 3. TREE REMOVAL PERMIT Section 118 -112 Application (a) An application for tree removal shall be filed on official forms provided by the City. Completed applications shall be returned to the City along with the following: (1) A tree inventory consisting of a scaled aerial photograph at a scale of one inch equals 100 feet or greater, or drawing at a scale of one inch equals 40 feet or greater, indicating: a. Property boundaries. b. Location of all individual trees of six (6) inches and greater, including the circumference of the tree measured at four and one - half feet above the existing grade and its common name. 9 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C C. An indication of all trees proposed for removal, including replacement. (2) Reasons for removal of trees. (3) The appropriate permit fee as set by resolution of the City Council and on file in the City Clerk's office. Chapter 122. ZONING ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS Section 122 -341 Accessory Uses and Structures (a) Generally. Specific accessory uses and structures shall comply with the regulations in this section. (b) Principal use required. Accessory uses and structures shall: (1) Be customarily incidental to the principal use established on the same lot; (2) Be subordinate to and serve such principal use; (3) Be subordinate in area, extent and purpose to such principal use; and (4) Contribute to the comfort, convenience or necessity of users of such principal use. No accessory structure or use shall be permitted on any lot without an established principal use on the same lot within the applicable zoning district. (c) Additional regulations; prohibited uses and structures. (1) Signs, fences, walls, parking and loading areas, and other such features which are typically located within required yard areas shall comply with the applicable provisions of this land development code for such uses and structures. (2) Any specific accessory use or structure which is not addressed within this Chapter shall not be located on any lot. (d) Maximum size. Unless otherwise described in this Chapter, the minimum permitted size for any structure shall be as outlined in Article III of this Chapter. 10 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C (e) Conformance with district regulations. No land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations specified in this Chapter for the district in which it is located. (f) Storage units in residential areas. Storage units or structures are designed for the temporary storage of goods, merchandise, household items or products, appliances, furniture or similar items. 1. Permit required. Whether designed to be portable or permanent, storage units shall not be placed upon property within the City without first obtaining a Zoning Clearance and a Building Permit if one is required for installation as determined by the most current Florida Building Code. 2. Restrictions. Temporary storage units cannot exceed ten (10) feet in height as measured from the ground to the top of the structure. Temporary storage units are restricted to residential side yards, rear yards and driveways. Storage units shall not be placed on any public sidewalk or road right -of -way. Temporary storage units shall not apply to utility trailers which must be in compliance with Section 38 -4. 3. Duration. Temporary storage units shall be limited to no longer than 15 days to one property owner, with a maximum of two per calendar year. Multi - family residential shall be limited to five days for each unit for moving in and moving out, with management/owner permission. 11 CITY OF CLERMONT ORDINANCE No. 2011 -03 -C 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. PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 12 day of July, 2011. CITY OF CLERMONT 1111We% Alr 41 ' - `: - I d S. Turville, Jr., ■ ayor ATTES P. 4 'racy Ackr ‘ yd, City Clerj . ��� - r 'Firs - , - 12