O-2014-24 CITY OF CLERMONT
ORDINANCE No. 2014-24
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,
SECTION 122-349 HOME OCCUPATIONS; SECTION 122-243
PERMITTED USES, AND SECTION 122-244 CONDITIONAL USES;
PROVIDING FOR CODIFICATION; SEVERABILITY; EFFECTIVE
DATE; AND PUBLICATION.
WHEREAS, pursuant to the provisions of Chapter 163, Flonda Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City,
has held a public heanng on September 2, 2014 and following such heanng 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,
Section 122-349 Home Occupations, Section 122-243 Permitted Uses, and Section 122-244
Conditional Uses, of the City of Clermont's Code of Ordinances,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Clermont, Flonda as follows
SECTION 1.
The City Council of the City of Clermont has the authonty to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Flonda and Chapter 163 and 166, Flonda Statutes
SECTION 2.
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to
read as follows(note stnkethrough indicates removed words and underlined indicates added)
CHAPTER 122 ZONING
Section 122-349 Home Occupations
(a) Intent The purpose of this section is to accomplish the following
(1) Permit residents of the city a broad choice in the use of their homes as a place of livelihood and
for the production or supplementing of personal and family income
(2) Protect residential areas from adverse impacts of activities associated with home occupations
(3) Establish criteria and development standards for home occupations conducted in residential
uses
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ORDINANCE No. 2014-24
(b) Permitted home occupations Permitted home occupations are as follows
(1) Office uses such as professional and business office activities that do not involve clients,
customers or employees visiting the premises(telephone use only)
(2) Off-site sales of customary hobby crafts produced at hobbyist volumes in the home by family
members
(3) Off-site provision of services to other homeowners that does not involve the use of tools or
machinery in size or numbers beyond that customarily found in a residence
(c) Prohibited home occupations The following are prohibited
(1) Motor vehicle and boat repair
(2) Beauty shops and barbershops
(3) Child care centers or nursery schools
(4) Amplified musical instrument instruction
(5) Dance and nonamplified musical instrument instruction, except private tutoring of no more than
one student per session
(6) Photography studios
(7) Retail and wholesale sales
(8) Painting or detailing of vehicles, trailers or boats
(9) Upholstering
(10) Welding
(11) Taxidermy
(12) Dentists'and doctors'offices
(13) Lawyers offices
(14) Kennels and pet grooming shops
(15) Any use found by the city manager to not comply with the general nature, intent and
requirements of this section and other provisions of the land development code
(d) Restrictions Home occupations are permitted accessory uses in all residential zones, subject to the
following restrictions
(1) No persons other than members of the family residing on the premises shall be engaged in the
home occupation
(2) No use of material or mechanical equipment which creates any unreasonably loud, disturbing
and unnecessary sound, electrical interference, vibration, odor or effect which can be heard, felt
or otherwise sensed upon adjoining property or other public right-of-way shall be allowed
(3) No commodities shall be advertised, stored or kept outside, or sold on the premises
(4) No signs or structures shall be allowed other than those normally permitted in the zone
(5) The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in
which it is located
(6) No outdoor storage of materials, supplies or commercial vehicles visible from the public street
or adjacent property shall be allowed in connection with the home occupation beyond that
normal to the residential character of the zone
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ORDINANCE No. 2014-24
(7) The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to
its use for residential purposes by its occupants, and not more than 25 percent of the floor area
of the dwelling unit shall be used in the operation of the home occupation The appearance of
the structure shall not be altered, nor shall the conduct of the occupation within the structure be
such that the structure may be reasonably recognized as serving a nonresidential use
(8) No home occupation shall cause an increase in the use of any one or more public utilities,
water, sewer and garbage collection, so that the combined total use for dwelling and home
occupation purposes exceeds the customary average for similar type residences within the city
(9) A local business tax receipt granted for a home occupation shall not be transferred, assigned or
used by any person other than the one for which the receipt is granted
Section 122-243 Permitted Uses
(a) Generally Permitted uses in the central business district are as follows
(1) Retail businesses which supply commodities on the premises, such as but not
limited to groceries, baked goods or other foods, drugs, dry goods, clothing,
decorations, hardware, furniture, appliances, sporting goods, flowers, etc
(2) Personal service establishments, such as but not limited to beauty shops or
barbershops, tailor or dressmaking shops, shoe repair, music, dancing and
photographic studios and dry cleaners Permanent makeup service may be
allowed as an accessory use (with a business tax receipt, and with medical
supervision)within an existing salon, beauty shop, barber shop, medical office,
or similar use Such service shall be limited to the face area and would consist
of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner
definition
(3) Professional offices, doctors' offices, banks and loan companies (excluding
drive-through facilities except with a conditional use permit), insurance and real
estate offices and similar businesses
(4) Dwelling units, single-family and two-family, permitted in the R-2 district, and
other residential uses as permitted in the R-3 distnct, provided that lot size and
coverage regulations of the respective district can be accommodated and the lot
width of this district is met
(5) Buildings, structures and uses maintained or operated by the city
(6) Lodges and clubs
(7) Restaurants less than 3,000 square feet
(b) Floor space Any business establishment or structure proposing to occupy 3,000
square feet of total floor space or more shall require application for a conditional
use permit
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(c) Uses to be enclosed, outdoor storage All uses must be within a completely
enclosed building, except for outdoor storage, which must receive site plan
approval and be screened from public streets and adjacent property
(d) Sidewalk use Business establishments may utilize outside private or public
sidewalk area for patron use to include non-fastened small tables and chairs, or
benches during business hours only Compact outside display areas may also be
utilized provided the display has a maximum width of 25 percent of a retail store
width or ten feet in width, whichever is less, four feet in depth, and six feet in
height Businesses which utilize this type of sidewalk use shall maintain at least a
four foot wide open area for passage from one property to the next, from the
inside of any curb toward the business front, and in accordance with the
American with Disabilities Act Where such four-foot open space is not available,
table and chairs or displays shall not be allowed All such uses shall be approved
by the city manager or his designee
Section 122-244 Conditional Uses
(a) Conditional uses in the CBD district are as follows
(1) Retail businesses, personal service establishments and professional offices
occupying 3,000 square feet of total floor area or more, provided, however, that no
retail establishment may occupy more than 100,000 square feet
(2) Public or semipublic facilities or structures not maintained or operated by the city and
not listed under permitted uses(i e , operated by any other governmental unit)
(3) Utility facilities (i e , electrical transformers, gas regulator stations, etc )
(4) Hospitals, clinics, adult congregate living facilities and nursing homes that provide
treatment of human ailments or personal care operations
(5) Nursery schools, kindergartens or child care centers, provided the outdoor play area
is enclosed by a fence at least four feet high and all state requirements are met
(6) Private schools
(7) Funeral homes
(8) Convenience stores and gas stations, provided on-site parking requirements are
met
(9) Laundries
(10) Automotive service stations, provided on-site parking requirements are met
(11) Restaurants over 3,000 square feet
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(12) Lounges
(13) Bed and breakfast inns as provided in article V of this chapter
(14) Theaters, cinemas and auditoriums
(15) Churches
(16) Planned unit developments
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. 2014-24
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Flonda on this 23`d day of September, 2014
CITY OF CLERMONT
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'ATTEST
Tracy Ackr e y e, City Cler.�
Approved as to form and legalit
D ' an �rney
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