O-103-C
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CODE ORDINANCES
ORDINANCE NO. 103-C
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Landscaping. "Landscaping" shall consist of any of the following or
combination thereof: material, such as, but not limited to, grass, ground covers,
shrubs, vines, hedges, trees or palms; and nonliving durable material commonly
used in landscaping; such as, but not limited to, rocks, pebbles, sand walls,
or fences, but excluding paving.
Shrubs. :Shrubs" required by this ordinance shall be self-supporting,
woody, evergreen spec i es. .
Trees. "Trees" shall be defined as self-supporting wood plants of
species which normally grow to an overall height of a minimum of fifteen (15) feet
with a trunk diameter of four (4) inches measured at three (3) feet.above grade.
form.
Vines. "Vines" are plants which normally require support to reach mature
SECTION 11-59. LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS, OFF-STREET 'PARKI,NG
AND OTHER VEHICULAR USE AREAS.
All areas used for the display of parking of any and all types of vehicles,
boats or heavy construction equipment, whether such vehicles, boats or other equipment
are self-propelled or not, and all land upon which vehicles traverse the property
as a function of the primary use, thereinafter referred to as "other'venicuMr',uses"
including but not limited to activities of a drive-in nature such as, but not limited
to, filling stations, grocery and dairy stores, banks, restaurants, and the like,
shall conform to the minimum landscaping requirements hereinafter provided, save
and except areas used for parking or other vehicular uses under, on or within
buildings, and parking areas serving single and two-family uses as normally such
residential areas are voluntarilr landscaped:
(a) Installation. All landscaping shall be installed in a sound
workmanship like manner and according to accepted good planting
procedures.
The Building Official shall inspect all landscaping and no certificate
of occupancy or similar authorization shall be issued unless the
landscaping meets the requirements herein provided.
(b) Maintenance. The owner, tenant and their agent, if any, shall
be jointing and severally responsible for the maintenance of all
landscaping which shall be maintained in good condition so as to
present a healthy, neat and orderly appearance and shall be kept free
from refuse and debris. All landscaped areas shall be provided with
a readily available water supply with at least one outlet located
within one hundred fifty (150) feet of all plant material to be
maintained.
(c) Plant Material
(1) Quality. Plant materials used in conformance with provisions
of this ordinance shall be of good quality.
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CODE ORDINANCES
ORDINANCE No. l03-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA"ESTABLISHING A NEW ARTICLE V
UNDER CHAPTER 11 OF' SAID CODE OF ORDINANCES, TO BE ENTITLED
"LANDSCAPING"; ESTABLISHING' A COMPULSORY LANDSCAPING
REQUIREMENT AND MINIMUM LANDSCAPING STANDARIJS FOR J\W LOTS
AND PARCELS, EXCEPT SINGLE-FAMILY AND TWO-FAMILY DWELLINGS,
WITHIN THE CITY OF CLERMONT; PROVIDING FOR PROSPECTIVE
APPLICATION: PROVIDING FOR PENALTIES AND THE METHOD OF
ENFORCEMENT OF SAID ORDINANCE; PROVIDING AN EFFECTIVE DATE:
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION.
THE CITY COUNCIL OF THE CITY OF CLERMONT, HEREBY ORDAINS THAT:
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SECTION 1. Chapter 11 of the Code of Ordinances of the City of Clermont, Lake
County, Florida, is hereby amended by adding a new Section to be numbered Ar.ticle V,
with the following numbered'Subsections, all of which read as follows:
ARTICLE V
LANDSCAPING
SECTION 11-57. APPLICATION OF ORDINANCE; ENFORCEMENT BY CITY
This Ordinance shall be a mi~imum standard and shall apply prospectively
to all lots and parcels of real estate within the City Limits, excepting those
which are to be constructed single;family and two-family dwellings.
SECTION 11-58. DEFINITIONS.
In constru;ñg~the provisions of this Ordinance and each and every
word, term, phrase or part thereof, ~here the context will permit, the definitions
provided in Section 1.01 Florida Statutes, and the following definitions shall apply:
Accessways. The maximum width of a residential accessway through the
perimeter landscaped strip to an off-street parking or other vehicular use area shall
be twenty (20) feet for two-way vehicular movement and ten (10) feet for one-way
vehicular movement. For commercial and industrial uses, the maximum_width for access-
ways shall be two times that for residential uses. No more than' one two-way access-
ways sha 11 be permi tted for any street frontage up to one hundred (100) 1 i nea 1 feet
or no more than two one-way accessways shall be permitted for any street frontage
up to one hundred (100) lineal feet, such standards to be applicable to any property
under one ownership. Where such ownership involves over one hundred (100) feet
of street frontage, one additional two-way or two additional one-way drives may be
permitted for each additional one hundred (100) feet of frontage or drives may be
permitted for each additional one hundred (100) feet of frontage or major fraction
thereof. The ba~ance of such street frontage not involved with accessways shall
be landscaped in accordance with the provisions of this ordinance.
Encroachment. "Encroachment" is defined as any protrusion of a vehicle
outside of a parking space, display area or accessway into a landscaped area.
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CODE ORDINANCES
ORDINANCE NO. 103-C
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(2) Trees. Trees shall be species having an average mature
spread of crown of greater than fifteen (15) feet and having
trunks which can be maintained in a clean condition over five
(5) feet of clear wood. Trees having an average mature spread of
crown less than fifteen (15) feet may be substituted by grouping
same so as to create the equivalent of a fifteen (15) feet
crown spread. Palms shall be considered trees in accord with
standards promulgated by the City Council.
Tree species shall be a minimum of eight (8) feet overall height
immediately after planting. Trees of species whose roots are known
to cause damage to public roadways or other public works shall not
be planted closer than twelve (12) feet to such public works. A
list of such tree species shall be maintained by the Building
Official for the guidance of the public.
~3j Shrubs and hedges. Shrubs shall be a minimum of two (2)
feet in height when measured immediately after planting.
Hedges, where required, shall be planted and maintained so as to
form a continuous, unbroken, solid, visual screen within a maximum
of two (2) years after time of planting.
(4) Vines. Vines shall be a minimum of thirty (30) inches in
height immediately after planting and may be used in conjunction
with fences, screens, or walls to meet physical requirements as
specifi ed.
(5) Ground Covers. Ground covers used in lieu of grass in
whole or in part shall be planted in such a manner as to present
a finished appearance and reasonably complete coverage within three
(3) months after planting.
(6) Lawn grass. Grass areas may be sodded, plugged, sprigged
or seeded except that solid sod shall be used in swales or other
areas subject to erosion.
(d) Required landscaping adjacent to public right-of-ways. On the site
of a building or structure or open lot use providing an off-street
parking area or other vehicular use area, where such area will not
be entirely screened visually by an intervening building or structure
from any abutting right-of-way, excluding dedicated alleys, there
shall be provided landscaping between such area and such right-of-
ways, as follows:
(1) A strip of land at least five (5) feet in depth located
between the abutting right-of~way and the off-street parking
area or other vehicular use area shall be landscaped, such landscaping
to include one tree for each fifty (5) lineal feet or fraction
thereof. In addition, a hedge, wall, or other durable landscape
barrier of at least two (2) feet in height shall be placed along
the inside perimeter of such landscaped strip. If such durable
barrier is of non-living material, for each ten (10) feet thereof,
one shrub shall be planted abutting such barrier. The shrubs need
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CODE ORDINANCES
ORDINANCE No. 103-C
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not be spaced ten (10) feet apart. Such shrubs shall be planted
along the right-of~way side of such barrier. The remainder of
the required landscaped areas shall be landscaped with grass,
ground cover or other landscape treatment excluding paving.
(2) All property other than the required landscaped strip lying
between the right-of-way and off-street parking area or other
vehicular use area shall be landscaped with at least grass or other
ground cover.
(e) Perimeter landscaping relating to abutting properties. On the site
of a building or structure or open lot use providing an off-street
parking area or other vehicular use area, such off-street parking
area or other vehicular use area that is not screened by an inter-
vening building or structure shall be provided with a durable
landscape barrier. It shall be planted with shrubs in such a
manner as to provide opaque screening and shall be properl~ maintained
at a minimum height of six (6) feet. The height of six (6) feet
shall normally be reached within two (2) years from planting. Such
landscape barrier shall be located between the common lot line
and the off-street parking area or other vehicular use area exposed
to the abutting property. Such plant materials shall be planted
in a planting strip of not less than five (5) feet in width..
Landscaped barrier within fifteen (15) feet of the curb shall not
exceed three (3) feet in hèight. In addition óñe (1) tree shall
be provided for each seventy-five (75) lineal feet of such landscape
barrier or fraction part thereof. Such trees shall be located
between the common lot line and the off-street parking area with
grass, ground cover or other landscape material excluding paving
in addition to the required tree.
The provisions of this subsetti~shall not be applicable in the
following situations:
(1) When a property line abuts a dedicated alley.
(2) Where a proposed parking area or other vehicular use area
abuts an existing hedge, wall or other durable landscape barrier
on an abutting property, said existing barrier may be used to satisfy
the landscape barrier requirements of this subection provided that
said existing barrier requirements of this subsection meets all
applicable standards of this ordinance and protection against
vehicular encroachment is providèdffor by hedges.
(3) Where the abutting property is zoned or used for non-
residential uses, only the tree provision with its planting areaõas.
prescribed in this Subsection shall be required.
(f) Parking area interior landscaping. Off-street parking areas shall
have at least ten (1) square feet of interior landscaping for each
parking space excluding those spaces abutting a perimeter for which
landscaping is required by other section hereof. In areas zoned for
industrial use these requirements shall be reduced by fifty per cent
(50%). Each separate landscaped area shall contain a minimum of fifty
(5) square feet and shall include at least one (1) tree having a
clear trunk of at least five (5) feet with the remaining area adequately
landscaped with the shrubs, ground cover or other authorized landscaping
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CODE ORDINANCES
ORDINANCE No;, 103-C
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material not to exceed three (3) feet in height. The total
number of trees shall not be less than one (1) for each one
hundred (100) square feet or fraction thereof of required 'interior
landscaped area. Such landscaped area shall be located in such
a manner as to divide and break up the expanse of paving.
The front of a vehicle may encroach upon any interior landscaped
area when said area is at least three and one-half (3~) feet in depth
per abutting parking space and protected by wheel stops or curbing.
Two (2) feet of said landscaped area may be part of the required
depth of each abutting parking space.
(g) Sight distance for landscaping adjacent to public rights-of-way
and points of access. When an acessway intersects a public right-of-way
or when the subject property abuts the intersection of two (2) or
more public rights-ofway, all landscaping within the triangular areas
described below shall provide unobstructed cross-visibility at a
level between three (3) feet and six (6) feet, provided, however,
trees or palms having limbs and foliage trimmed in such a manner that
no limbs or foliage extend into the cross-visibility area>shall
be allowed, provided they are located so as not to create a traffic
hazard. Landscaping except required grass or ground cover shall not
be located closer than three (3) feet from the edge of any accessway
pavement. The triangular areas above referred to are:
(1) The area of property on both sides of an accessway formed
by the intersection of each side of the accessway and the public
right-of-way line with two sides of each trinagle being ten (10)
feet in length from the point of intersection and the third side
being in line connecting the ends of the two other sides.
(2) The area of property located at a corner formed by the
intersection of two or more public rights-of-way with two sides of
the triangular area being thirty (30) feet in length along the
abutting public right-of-way lines, measured from their point of
intersection, and the third side being a line connecting the ends of
the other two lines.
(h) Existing plant material. In instances where healty plant material
exists on a site prior to its development, in part or in whole,
for the purposes of off-street parking or other vehicular use areas,
the Building Official may adjust the application of the above mentioned
standards to allow credit for such plant material if, in his opinion,
such an adjustment is in keeping with and will preserve the intent
of this ordinance.
SECTIÐN 11-60 Procedure for adjustment of standards, appeal to City Council
(a) Procedure for adjustment of standards. The City Council upon
recéipt of an application for adjustment of Jandscaping requirements
provided herein 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
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CODE ORDINANCES
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ORDINANCE NO. 103-C
--aïJttïôrÌleâ agents as evfâenceënjy wrftten power ofaftorney, ana
accompanied by a fee of Twenty;five ($25.00) 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 adjustment of requirements are being requested and the
reasons such adjustments are warranted, and shall accompany the
application with such supplementary data, such as sketches, surveys
and statistical information as is deemed necessary to substantiate
the adjustment. The Council may approve, modify or deny the
requested adjustment, but shall approve or modify only if it
determines that approval of any adjustment would not be contrary
to the public interest and would be in keeping with and would
preserve the intent of this ordinance and that literal enforcement
of the above standards would be impracticable and would result
in unreasonable and unnecessary hardship.
SECTION 11-61 Other applicable regulations
(a) The provisions of this ordinance shall apply only to new off-street
parking uses or other vehicular uses.
(b) The provisions of this ordinance shall be subject to other
applicable regulations are more restrictive and are not otherwise
inconsistent with the provisions of this ordinance.
(c) The building official shall have the authority to issue a
certificate of completion to the owner or to the contractor or
subcontractors which shall indicate the portions of the construction
and development which have been completed according to plan and
building code requirements. Certificate of completion shall not
authorize occupancy or partial occupancy of the building,or
premises.
SECTION 11-62 Plot plan approval prerequisite to issuance of permits for building
and paving; completed landscaping required for certificate of use and
occupancy.
Except for single family and two-family dwellings, prior to the issuance
of any permit for paving which,is included under the provisions of this ordinance,
a plot plan shall be submitted to and approved by the Building Official. The
plot plan shall be drawn to scale, including dimensions and distances, and
clearly delineate the existing and proposed parking spaces, or other vehicular use
areas, access aisles, driveways, sprinklers or water outlet locations, and the
location, size and description of all other landscape materials, the location
and size of buildings if any to be served, and shall designate by name and location
the plant material to be installed.or, if existing, to be used in accordance
with the requirements hereof. No permit shall be issued for such building or
paving unless such plot plan complies with the provisions hereof, and no certificate
of occupancy shall be issued until the landscaping is complete, and it shall be
unlawful to occupy the premises unless the landscaping is installed in accordance
with the approved plot plans and the requirements hereof.
SECTION 11-63 Penalties and methods of enforcement.
Any person, association, firm or corporation violating any of the
provisions of this ordinance and failing to comply with any of the provisions
of this ordinance or failing to do anything required by this ordinance shall,
upon conviction, be fined not to exceed $500.00 or imprisoned not to exceed sixty
(60) days in the City Jail, and each day's violation shall be a separate offense.
The City shall also have the right to injunction or other process as provided by
law for the enforcement.
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CODE ORDINANCES
ORDINANCE No. 103-C
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SECTION 11-64 All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 11-65 Should any section or part of a section of this Ordinance be
declared invalid by any court or competent gurisdiction, such adjudications shall
not apply 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 11-66 This Ordinance shall be published as provided by law and it shall
become law and shall take effect 30 days from the date of its Second Reading and
Final Passage.
First Reading this 22nd day of January, A. D. 1974.
Second Reading this 23rd day of April, A. D. 1974
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA tHis 23rd day of April, A. D. 1974.
ATTEST:
(QJMPA~ lv. {;AJ
Dolores W. Carroll, City Clerk
APPROVED by me this 23rd day of Apr.il, A. o. 1974
CITY OF CLERMONT
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Mayor
CERTIFICATE OF PUBLICATION
I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No.
publ ished on the /7 t:L day of A. D. 1974 in a
103-C
was
newspaper of general circulation located within the ity of Clermont, as required
by F~orida Statute 166.041 (3)(a), said date of publication being 14 days prior
to the Second Reading and Final Adoption of this Ordinance.
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