Loading...
O-42-C . . CODE ORDINANCES N~ 97 No. 42-C AN ORDINANCE AMENDING ORDINANCE NUMBER 126, ADOPTED DECEMBER 7, 1954~èþy THE CLERMONT CITY COUNCIL: BEING A COMPREHENSIVE ZONING ORDINANCE FOR THE PURPOSE OF PROMOTING THE GENERAL WELFARE OF THE COMMUNITY: REGULATING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURE, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION AND USE OF BUILDINGS, STRUCTURE, AND LANDFOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES: CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF: REGULATING OFF-STREET PARKING AND LOADING SPACES: DEFINING CERTAIN TERMS USED HEREIN: PROVIDING FOR THE METHOD OF ADMINISTRA- TION; ESTABLISHING THE DUTIES OF THE ZONING COMMISSION AND BOARD OF ADJUSTMENT; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. ARTICLE I PREAMBLE AND ENACTMENT CLAUSE Pursuant to the authority conferred by House Bill No. 2223, Laws of Florida, acts of 1967, and for the purpose of promoting the heaihh, safety, morals, convenience, order, prosperity, and the general welfare of the municipality; lessening congestion in the streets; securing safety from fire, panic, and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; conserving the value of property and encouraging the most appropriate use of land and buildings throughout the municipality, all in accordance with the General Development Plan, the City Council of the City of Clermont, Florida, does ordain and enact into law the following articles and sections. ARTICLE II SHORT TITLE This ordinance shall be known and may be cited as "The Zoning Regulations of the City of Clermont, P;¡'orida". ARTICLE III DEFINITION OF TERMS USED IN THE ORDINANCE Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purposes of this ordinance, certain words or terms used herein are defined as follows: Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is always mandatory. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "lot" includes the word "plot" or "parcel" The word "building" includes the word "structure". The word "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied". . . t I N~ J ! 1. Accessory use or Building: A use or building customa~lY incidental and subordinate to the principal use or building and locá'ted on the same lot with such p~incipal use or building."'!"';] 1"'c;<:",'~0 C'7J ~ 2. Advertising Structure: Any structure of any kind ~ character erected or maintained for outdoor advertising purposes, upon Jhich any outdoor advertising sign may be placed. / 3. Apartment House: See Multiple Family Dwelling 4. Boarding or Rooming House: A dwelling other 1han a hotel, motel or apartment having one kitchen and used for the pu~ose of providing meals or lodging or bath for compensation to persons o£her than members of the family occupying such dwelling. CODE ORDINANCES 98 No. 42-C 5. Buffer Strip, Planted: A strip of land al g a property line reserved for screening purposes from adjoining proper es or public right-of-ways and planted with trees and/or shrubs in such a manner as to provide such opaque screening. The buffer shall be P7:0P rly maintained at a minimum height of six feet. ) 6. Building: Any structure at~che:r~~ he ground and intended for shelter, housing, or enclosure of pers n , animals, or chattels. l 7. Building, Height of: The v~ic distance from the grade to the highest point of roof. Where n~7e has been established the height of the building may be measured from the,mean elevation of the finished lot at the front of the building. 8. Building Line: A line parallel ~o the front lot line, and located back of the required front yard. The b~ilding line shall be measured from the extreme support for the roof of t~ main structure or appurtenances thereto. 9. Center Line of Street: The c#'nter line of a street is the line surveyed and monumented by the governinggbody ascauch or, if a center line has not been surveyed and mónumented, 'f shall be that line running midway between the street right of way lines. 10. Clinic: A clinic is an stablishment where patients who are not lodged overnight are admitted for amination and treatment by one person or group of persons practicing any form of healing or health building services to individuals, whether su h persons be medical doctors, chiropractors, osteopaths, chiropodists, aturopaths, optometrists, dentists, or any such profession the prac ce of which is lawful in the State of Florida. 11. Club: Building an, facilities owned and operated by a corporation or association of pers ns for social or recreational purposes, but not operated primarily fo profit or to render a service which is~anstomarily carried on as a busi ss. 12. Cluster Develo individual buildin space and having A land subdivision with a majority of the sites abutting directly on parks or other common rect access to a public street. (See Article IX), open 13 . Condomini ordinance a co Multiple Famil and Cooperative Apartment: For the purposes of this ominium or cooperative apartment shall be defined as DewUing. 14. Convenience 2400 square feet to day operation markets and coin Retail Business: A small retail store of no more than of floor space which provides goods or services for day of a household, including T.V. or radio repair, minit operated laundried. . e I CODE ORDINANCES i' N~ 99 I I No. 42-C I í j 15. Dwellin~, Du~lex: A building designed for ~g occupied exclusively by two famil~es w~th separte housekeeping or cooking facilities for each family. l 16 11' S· 1 ·1 b . ld' d .;1 d f . d . Dwe ~ng, ~ng e Fam~ y: A u~ ~ng ez~ ne or or occup~e exclusively by one family. I 17. Dwelling, Multiple Family: A building d ~igned for or occupied exclusively by three or more families, withleparate housekeeping and cooking facilities for each family. 18. Dwelling, Townhouse: A single family/dwelling unit located on a lot no less than eighteen (18) feet in width.,7 Townhouses may have a common fireproof wall with an adjoining townhou~è or free standing walls may be abutted together. (See Article IX) ij " " 19. Family One or more persons occup~ing a dwelling unit and living as a single housekeeping unit. ;Y.I 20. Garage Apartment: An åccesso p'uilding not a part of or attached to the main building, a portion of- pich contains living quarters for not more than one (1) family anduan¡,enclosed space for at least one (1) automobile. .............. '-..::Jj¡ 21. Home Occupation: -An~cohducted entirely within a dwelling and carried on by an occupant thefeof, which use is clearly incidental and secondary to the use of the 4welling for dwelling purposes and does not change the charaoterht>bereof,: Home occupations shall not be construed to include barber shops, beautYdsalons, tearooms, food processing, restaurants, sale of antiques, lor commercial kennels. 22. Living Area, Dwelling Un~t: A space within the confines of the structure which is completelyjenclosed by masonry, wood or glass and is habitble the year round. Garages, carports and utility rooms are excluded from the living area. I! 23. Lot: A parcel of lan~ occupied or capable of being occupied by one or more buildings and thelaccessory buildings or uses customarily incidental to it, including such open spaces as are required by this ordinance. I 24. Lot, Corner: A parlel of land at the junction of and fronting on two or more intersecting streets. 25. Lot, Depth: Th ¡depth of a lot is the distance measured in a mean direction of the sideTlines of the lot from the midpoint of the front line and the midpoint of the opposite rear line of the lot. 26. Lot, Width: TJfe distance between the side boundaries of the lot measured at the frónt building line. 27. Major Stre~t( Any public street within the City of Clermont, Florida. 28. Mobile Horn: A detached single-family dwelling unit which has all of the foIl wing characteristics: a. It is designed for long-term occupancy and contains a flush toilet, tub or shower bath, kitchen facilities and sleeping accommodations. . . c. ! f t CODE ORDINANCES N~ 100 42-0 ¡ It is designed to be transporteä after fabrication on'its own wheels or on a flatbed or !ther trailer. It arrives at the site whereét is to be occupied as a dwelling complete, including major apliances and furniture, and ready for occupancy except for mi r assembly operations, location on jacks or other permanent or temporary foundations, connection of utilities, a the like. land which has been planned and of mobile homes and approved by the b. 29. Mobile Home Park: A parcel 0 improved for the permanent placemen Florida State Board of Health. 30. Non-Conforming Use: A struc re of land lawfully occupied by a use that does not conform to the regu ations of the district in which it is located at the time of the adopt~on of this ordinance. 31. Nursing Home: Any build¿~9 in which aged, chronically ill or incurable persons are housed a d furnished with meals and nursing care for compensation. t 32. Structure: Anything c nstructed or erected on the ground or . attached to something locat on the ground. 33. Structural Alteration: Any change in the supporting members of a building, such as bearing w.lls, columns, beams or girders or any substantial change in the tOf and exterior walls. 34. Yard: An open spac at grade between a building and the adjoining lot lines, unoccupied and/unobstructed by any portion of a structure from the ground upward. In meAsuring a yard, the minimum horizontal distance between the lot line and the principal building shall be used. 35. Front Yard: An 0 principal building, ex the street line and th lines of the lot exce en, unoccupied space on the same lot with a nding the full width of the lot and located front line of the building projected to the where used as a paved parking area. between side 36. Rear Yard: unoccupied except the full width of t the rear line of th , open space on the same lot with a principal building, a permitted accessory building, or use, extending lot and located between the rear line of the lot and building projected to the side lines of the lot. 37. Side Yard: principal buildin line of the lot a the front line 0 n open, unoccupied space on the same lot with a located between the side of the building and the side d extending from the rear line of the front yard to the rear yard. ARTICLE IV ESTABLISHMENT OF DISTRICTS Districts ses of this ordinance, the City of Clermont is divided into ricts designated as follows: RIA Low Density Residential District Rl Low Density Residential District R2 Medium Density Residential District · . CODE ORDINANCES No. 42-C N~ 101 R3 High Density Resident~l District Neighborhood commerc¡1l District General Commercial Istrict Cl C2 Ml'" Light Industrial D strict M2 Medium Industrial TZ Transi tion Zone ! The boundaries of these districts are ~rebY established as shown on map entitled "Official Zoning Map of tpe City of Clermont, Florida", dated September 10,1968 and certified by the City Clerk. Said map is hereby made a part of this ordina~e and shall be on file in the office of the City Clerk. f SECTION 26-2 District Boundaries'~ Zoning Map ,)' Unless otherwise indicated, the (i'c trict or the center lines of street blocks limit line, or a line midway beteen the the boundary lines are lot lines or such lines extended, the corporate main tracks of a railroad. Where zone boundaries are so in icated that they are approximately parallel to, but some distance rom the center lines of streets or center lines of highway rights-of-way such zone boundaries shall be construed as being parallel thereto and t such distance therefrom as indicated on the zoning map. If no dim nsions are given on the map it should be determined by the use of the scale of the map. All territory which may her after be annexed to the City of Clermont shall be automatically cIa ified as being within the RIA District until such classification hall have been changed by an amendment as provided by law. ARTICLE V APPLICATION OF REGULATIONS Except as hereinafter rovided: Section 26-10: Use No land shall here ter be used or occupied and no building or structure or part thereof sh 11 be erected, constructed, reconstructed, moved or altered except in onformity with the regulations herein specified for the district in w ich it is located. Buildings or structure now in existence at the ~ate of the passage of this ordinance shall not be reconstructed, e larged or expanded for a non-conforming use but, except in residential reas (R-lA, R-l, R-3, R-3), such existing buildings or structure m be used for the next lower use than is specified. Priority of us s from highest to lowest shall be: Cl, C-2, M-l, M-2 (See Section 6-28 for T-Z restrictions.) . . No. 42-C N~ 102 CODE ORDINANCES SECTION 26-11: Height and Density No building or structure shall hereafter reconstructed or altered to: 1. exceed the height limits; 2 house a greater number of lot area per family; or occupy a smaller 3. have narrower or smaller d than are herein required. SECTION 26-12: Lot Size and Occupancy one or more adjacent lots in the f this ordinance, shall be ze of yards or lot area per family nance is not maintained. This section t is acquired for a public purpose. No parcel, even though it may consist 0 same ownership at the time of passage reduced in size S~ that lot width or or any other requirements of this ord shall not apply when a portion of a No part of a yard or space required about any bui provisions of this ordinance sha or off-street parking a loading ~ SEOTION 26-13: Yards and Other or the off-street parking or loading the purpose of complying with the included as a part of the yard required for another building. SECTION 26-15: Limitation on Residential A of Principal Buildings on Lots in Except as hereinafter provi except for multi-family bui may hereafter be erected 0 d, only one principal dings, townshouses and any lot. residential building cluster developments, SECTION 26-17: Public No building shall be er cted on a lot which does not have unrestricted access to a public str et. ARTICLE VI USE PROVIDIONS SECTION 26-20: Low-Density Residential District Within an RIA Lo -Density Residential District the following uses are permitted: 1. One-family wellings of no less than 1,200 square feet of living area. 2. Churches, provided that: a. They are located on a major street;