O-327-C
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CITY OF CLERMONT
ORDINANCE
No. 327-C
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES,
CHAPTER 94 ENVIRONMENTAL PROTECTION, SEC. 94-197 EXI;MPTIONS AND
EXCEPTIONS FROM GRADING REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR
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 September 9, 2003 and following such hearing
found this Ordinance to be in the best interests 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
94, of the City of Clermont Code of Ordinances known as the Land Development
Regulations; and
WHEREAS, the City Council of the City of Clermont finds and determines that
this Ordinance is consistent with and implements the City of Clermont Comprehensive
Plan and that adoption thereof is in the best interest of the City of Clermont.
NOW, THEREFORE, be it enacted by the City Council of the City of Clermont,
Florida as follows:
The City Council of the City of Clermont has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution ofthe State of Florida and Chapter 163 and
166, Florida Statutes.
The City of Clermont Land Development Regulations are hereby amended to read as
follows:
Sec. 94-197. Exemptions and exceptions from grading requirements.
No person shall do any grading without first having obtained a development permit
from the city except as follows:
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CITY OF CLERMONT
ORDINANCE
No. 327-C
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(1) An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid building permit. This shall
not exempt any fill made with the material from such excavation or exempt any
excavation having an unsupported height greater than five feet after the completion of
the structure.
(2) Excavations for wells or tunnels or utilities.
(3) Grading for individual building lots in platted subdivisions.
(4) Grading for the purpose of constructing stormwater retention/treatment
ponds.
For purposes of this section, excavation shall mean to cut, scoop, dig or expose to view
by digging away covering, either by mechanical means or by hand.
SECTION II
All other conditions shall remain in full force and effect.
SECTION III.
All Ordinances or parts of this Ordinance in conflict herewith are hereby
repealed.
SECTION IV.
Should any section or part of this section be declared invalid by any court of
competent jurisdiction, such adjudication's 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.
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CITY OF CLERMONT
ORDINANCE
No, 327-C
Page - 3 -
SECTION V.
This Ordinance shall be published as provided by law and it shall become law
and shall take effect immediately upon its Second Reading and Final Passage,
First Reading on the 9th day of September 2003.
Second Reading on the 23rd day of September 2003.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORiDA THIS 23rd DAY OF SEPTEMBER 2003.
CITY OF CLERMONT
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~~ILLE, JR. Mayor
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ATTEST:
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ILE, City Clerk