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O-2013-11 CITY OF CLERMONT ORDINANCE No. 2013-11 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF CLERMONT, CHAPTER 102 SIGNS, SECTION 102-8 PROHIBITED SIGNS, EXCEPTIONS; CHAPTER 118 VEGETATION, SECTION 118-4, APPEALS; CHAPTER 122 ZONING, SECTION 122-343 FENCES AND WALLS; 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 July 2, 2013 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 102 Signs, Section 102-8 Prohibited Signs, Exceptions; Chapter 118 Vegetation, Section 118-4, Appeals; Chapter 122 Zoning, Section 122-343 Fences and Walls; of the City of Clermont's Code of Ordinances; 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 Land Development Code of the_City of Clermont Code of Ordinances is hereby amended to read as follows: CHAPTER 102 SIGNS Section 102-8 Prohibited signs; exceptions. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign described as follows: (11) Banner signs, except for the following: a. Those of a temporary nature which is are incidental to a convention, nonprofit or noncommercial venture and are approved by the City administrative 1 CITY OF CLERMONT ORDINANCE No. 2013-11 official. These types of banner signs shall not exceed 32 square feet in size. They must also be placed on the parcel of land where the event is to be held or on a location approved by the City administrative official. Banners cannot be connected in any fashion to landscaping, retaining walls, fences or light poles. Banner signs shall only be allowed for 30 days. An application and site plan must be submitted to the Planning & Zoning Department two weeks prior to the event for approval by the City administrative official. CHAPTER 118 VEGETATION Section 118-4 Waivers and Appeals. (a) The Administrative Official may waive up to one-quarter of any commercial or up to one-third of any residential landscape requirements of this chapter, other than those specifically designated by Conditional Use Permits,based on the following criteria: 1. The site cannot accommodate the required landscaping; 2. Existing vegetation is of sufficient size and maturity that additional planning is unnecessary; 3. Topography and grade changes, not caused by the applicant, limit the planting area; 4. Required landscaping would cause greater impacts on adjacent lands. (b)Authorized. Any person adversely affected by the decision of the city in the enforcement or interpretation of this chapter may appeal such decision to the city council within 30 days, and all procedures specified in this section shall be used for such appeal. (c)Procedure. The city council, upon receipt of an application for adjustment of the landscaping requirements provided in this chapter, which is filed on forms prescribed by the city and executed and sworn to by the owner or tenant of the property concerned or by authorized agents`as evidenced by written power of attorney and accompanied by a fee, shall have the authority and duty to consider and act upon such application. The applicant shall, in the application, clearly and in detail, state what adjustments of requirements are being requested and the reasons such adjustments are warranted. The petitioner shall accompany the application with supplementary data, such as sketches, surveyor's information and statistical information, as is deemed necessary to substantiate the adjustment. The council shall approve or modify only if it determines that approval of any adjustments would not be contrary to the public interest and would be in keeping with and preserve the intent of this land development code, and resolves that literal of e orcement of the standards of this chapter would be impracticable p p and would result in unreasonable and unnecessary hardship to the petitioner. 2 CITY OF CLERMONT ORDINANCE No. 2013-11 CHAPTER 122 ZONING Section 122-343 Fences and walls. (c) Height. (1) For residential uses, no fence, wall, or retaining wall shall exceed four feet in height from the front building line to the front lot line, or exceed six feet in height from the front building line to the rear property line. For corner lots, also known as double frontage lots, no fence, wall or retaining wall shall exceed four feet in height in front of the front setback line of the established district. Corner lots shall be allowed up to 6-foot high fences to the property line on the secondary street side, provided there is no obstruction of visibility for adjacent driveways or intersections. Decorative columns and pillars may extend up to one foot above the maximum fence or wall height. (d) Obstruction of vision at intersections. No walls or fences shall be permitted on local road corner lots within 30 feet of intersecting street rights-of-way and lots on collector and artenal roads within 50 feet of intersecting street rights-of-way if such a fence will obstruct traffic visibility. 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. 3 CITY OF CLERMONT ORDINANCE No.2013-11 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 23t day of July,2013. • .r CITY OF CLERMONT . - L%iv��?ice_./ fir arold S. Turville,Jr., Mayor ATTEST:-' / - ■Tracy Ackr+yd, City Cl Approved as to form and legality: Imil411v• bly City Attorney 4