O-2015-68 CITY OF CLERMONT
ORDINANCE No. 2015-68
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 86
ADMINISTRATION, SECTION 86-52 GRANTING OF VARIANCES;
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 7, 2015 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 86
Administration; 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 (note strikethrough indicates removed words and underlined indicates added):
CHAPTER 86 ADMINISTRATION
Section 86-52 Granting of Variances
L The term "variance," used in connection with the provisions of this land development
code, means a modification of the zoning regulations when such vanance will not be
contrary to the public interest and when, owing to conditions peculiar to the property, and
not the result of the actions of the applicant, a literal enforcement of the land
development code would result in unnecessary and undue hardship. The board of
adjustment shall not grant use variances or exceptions. In granting any variance, the
board of adjustment may prescribe appropriate conditions and safeguards. Any violation
of such conditions or safeguards which have been made a part of the terms under which
the variance is granted shall be deemed a violation of this land development code.
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CITY OF CLERMONT
ORDINANCE No. 2015-68
2. Administrative variances. The city manager shall have authority to grant a variance to
required setbacks, maximum heights and lot coverage contained in this land development
code for any approved development provided said variance does not exceed the required
setback or height by more than five (5) percent. No administrative variance shall be
granted unless the applicant can demonstrate that the variance was caused by a factor
beyond his/her control, such as a verifiable survey error. Consideration of the variance
shall be at the sole discretion of the city manager.
3. City manager shall report number of deviations of standard variances to City Council on
an annual basis.
CITY OF CLERMONT
ORDINANCE No. 2015-68
PASSED AND ADOPTED bythe CityCouncil of the Cityof Clermont, Lake County,
Florida on this 11th day of August, 2015.
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`°'��'"r #'°`, ' '` '' CITY OF CLERMONT
I t/
«a�r �.. Gail L. Ash, M yor
"' ATTEST
Tracy Ac r i d, City Cler.!
Approved •- o form d legality:
ADO
Daniel F. antzans, . - •