O-299-C
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CITY OF CLERMONT
ORDINANCE
No. 299-C
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES,
CHAPTER 122 ZONING, ARTICLE III, DIVISION 6, R-3-A RESIDENTIAU
PROFESSIONAL DISTRICT, SEC. 122-163 PERMITTED USES AND SEC. 122-164
CONDITIONAL USES; DIVISION 7, R-3 RESIDENTIAUPROFESSIONAL DISTRICT,
SEC. 122·183 PERMITTED USES AND SEC. 122-184 CONDITIONAL USES;
DIVISION 8, C-1 LIGHT COMMERCIAL DISTRICT, SEC. 122·203 PERMITTED USES
AND SEC. 122-204 CONDITIONAL USES; DIVISION 9, C-2 GENERAL
COMMERCIAL DISTRICT, SEC. 122-223 PERMITTED USES AND SEC. 122-224
CONDITIONAL USES; DIVISION 10 CBD CENTRAL BUSINESS DISTRICT, SEC.
122-243 PERMITTED USES AND SEC. 122·244 CONDITIONAL USES; DIVISION 11,
M-1 INDUSTRIAL DISTRICT, SEC. 122-263 PERMITTED USES AND SEC. 122-264
CONDITIONAL USES; 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 June 6, 2000 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
122, 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:
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.
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SECTION 2.
The City of Clermont Land Development Regulations are hereby amended to read as
follows:
DIVISION 6. R-3-A RESIDENTIAL/PROFESSIONAL DISTRICT
Sec. 122-163. Permitted uses.
Permitted uses in the R-3-A district are as follows:
(1) Single-family dwelling units having a minimum living area of 1,000 square
feet, exclusive of garages, carports and screened areas.
(2) Two-family dwelling units having a minimum of 700 square feet per
dwelling unit, exclusive of garages, carports and screened areas.
(3) Multifamily dwelling units, including town homes and condominiums,
having a minimum floor area of 600 square feet per unit, exclusive of
garages, carports and screened areas.
(4) Buildings, structures or uses maintained or operated by the city.
(5) Home occupations as provided in article V of this chapter.
(6) Private docks and boathouses, provided that such structures maintain a
ten-foot side yard setback, and further provided that such structures
comply with state and/or federal regulations when applicable.
(7) Field crops, orchards and other horticultural uses where no selling at retail
is involved.
(8) Accessory uses: Customary accessory buildings and structures, including
private garages, noncommercial greenhouses and workshops.
Sec. 122-164. Conditional uses.
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(a) Conditional uses in the R-3-A district are as follows:
(1) Professional offices, doctors offices, banks, loan companies, insurance
and real estate offices and similar businesses.
(2) Churches, provided adequate buffer strips between residential uses are
provided.
(3) Public or semipublic facilities or structures not maintained by the city (Le.,
operated by another unit of government).
(4) Utility facilities (Le., electric transformers, gas regulator stations, etc.).
(5) Planned unit development per article IV of this chapter.
(6) Cemeteries.
(7) Multiple-family developments, including town homes and condominiums of
12 or more dwelling units, or that are so located and planned so that 12 or
more dwelling units can be placed on the property, even though 11 or
fewer may be constructed initially.
(8) Nursery schools, kindergartens or child care centers, provided the outdoor
area is enclosed by a fence at least four feet in height and all state
requirements are met.
(9) Personal service establishments such as but not limited to beauty or
barber shops, tailor or dressmaking shops, shoe repair, music, dancing
and photographic studios and dry cleaners.
(10) Private Schools.
(b) 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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DIVISION 7. R-3 RESIDENTIAL/PROFESSIONAL DISTRICT*
Sec. 122-183. Permitted uses.
Permitted uses in the R-3 district are as follows:
(1) Single-family dwelling units having a minimum living area of 1,000 square
feet, exclusive of garages, carports and screened areas.
(2) Two-family dwelling units having a minimum of 700 square feet per
dwelling unit, exclusive of garages, carports and screened areas.
(3) Multifamily dwelling units, including townhomes and condominiums,
having a minimum floor area of 600 square feet per unit, exclusive of
garages, carports and screened areas, with fewer than 12 units.
(4) Buildings, structures or uses maintained or operated by the city.
(5) Home occupations as provided in article V of this chapter.
(6) Private docks and boathouses, provided that such structures maintain a
ten-foot side yard setback. and further provided that such structures
comply with state and/or federal regulations when applicable.
(7) Field crops, orchards and other horticultural uses where no selling at retail
is involved.
(8) Accessory uses: Customary accessory buildings and structures, including
private garages, noncommercial greenhouses and workshops.
Sec. 122-184. Conditional uses.
(a) Conditional uses in the R-3 district are as follows:
(1) Professional offices, doctors offices, banks, loan companies, insurance
and real estate offices and similar businesses. .
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(2) Churches, provided adequate buffer strips between residential uses are
provided.
(3) Public or semipublic facilities or structures not maintained by the city (Le.,
operated by another unit of government).
(4) Utility facilities (Le., electric transformers, gas regulator stations, etc.).
(5) Planned unit development per article IV of this chapter.
(6) Cemeteries.
(7) Multiple-family developments, including town homes and condominiums of
12 or more dwelling units, or that are so located and planned so that 12 or
more dwelling units can be placed on the property, even though 11 or
fewer may be constructed initially.
(8) Hospitals and nursing homes.
(9) Private schools.
(10) Nursery schools or kindergartens, provided the outdoor play area is
enclosed by a fence four feet in height and all state requirements are met.
(11) Mobile home parks per article V of this chapter.
(12) Boardinghouses.
(13) Personal service establishments such as but not limited to beauty or
barber shops, tailor or dressmaking shops, shoe repair, music, dancing
and photographic studios and dry cleaners.
(b) 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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DIVISION 8. C-1 LIGHT COMMERCIAL DISTRICT
Sec. 122-203. Permitted uses.
(a) Generally. Permitted uses in the C-1 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.
(3) Professional offices, doctors offices, banks, loan companies, insurance
and real estate offices, and similar businesses.
(4) Dwelling units permitted in the R-3 district, provided that they meet the
regulations of the R-3 district.
(5) Buildings, structures and uses maintained or operated by the city.
(6) Lodges and clubs.
(b) Floor space. Any business establishment or structure proposing to occupy more
than 5,000 square feet of floor space shall require a conditional use permit. The
floor area ratio for any structure shall not exceed that identified by policies of the
adopted comprehensive plan.
(c) Uses to be enclosed; outdoor storage. All uses must be within a completely
enclosed building, except for outdoor storage, which must be screened from
public streets and adjacent property.
Sec. 122-204. Conditional uses.
(a) Conditional uses in the C-1 district are as follows:
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(1) Retail businesses, personal service establishments, professional offices
and lodges and clubs greater than 5,000 square feet; 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
unit of government).
(3) Utility facilities (i.e., electrical transformers, gas regulator stations, etc.).
(4) Hospitals, clinics, nursing homes and funeral homes.
(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) Churches and cemeteries.
(7) Private schools.
(8) Mobile home parks per article V of this chapter.
(9) Planned unit developments per article IV of this chapter.
(10) Convenience stores and gas stations.
(11) Laundries.
(12) Automobile and truck services.
(13) Restaurants and lounges.
(b) 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
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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.
DIVISION 9. C-2 GENERAL COMMERCIAL DISTRICT
Sec. 122·223. Permitted uses.
(a) Generally. Permitted uses in the C-2 district are as follows:
(1) Retail businesses: Any retail business or service, including the sale of
goods and services for resale, as long as it is incidental to and in
conjunction with a retail business.
(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 cleaning establishments.
(3) Professional offices, doctors offices, banks, loan companies, insurance
and real estate offices, and similar businesses.
(4) Automobile and truck services, carwashes, and automobile, truck, boat
and farm equipment sales.
(5) Recreation facilities, theaters, including drive-ins, bowling alleys, skating
rinks, billiard halls, miniature golf courses, driving ranges and tourist
attractions.
(6) Restaurants and lounges.
(7) Buildings, structures or uses maintained or operated by the city.
(8) No retail establishment may occupy more than 100,000 square feet.
(9) Lodges and clubs.
(b) Floor space. Any business establishment or structure proposing to occupy more
than 20,000 square feet of floor space shall require a conditional use permit. The
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floor area ratio for any structure shall not exceed that identified by policies of the
adopted comprehensive plan.
(c) Uses to be enclosed; outdoor storage. All uses must be conducted within a
completely enclosed building, except for outdoor storage, which must be
screened from a public street and adjacent property.
Sec. 122-224. Conditional uses.
(a) Conditional uses in the C-2 district are as follows:
(1) Manufacturing, provided such manufacturing employs not more than five
persons and is incidental, complementary to and in conjunction with a
retail business or service.
(2) Residential storage warehouses where storage facility uses are
exclusively for storing excess personal property generally stored in
residential accessory buildings. This shall not include the storage of
manufacturing or commercial products.
(3) Shopping centers: Any group of five or more businesses with shared
parking or in which the total land area of the development exceeds five
acres.
(4) Agricultural service operations.
(5) Public or semipublic facilities or structures not operated by the city and not
listed as a permitted use.
(6) Utility facilities (Le., electric transformers, gas regulator stations, etc.).
(7) Convenience stores and gas stations.
(8) Laundries.
(9) Hotels, motels and recreational vehicle parks.
(10) Hospitals, clinics, and nursing homes.
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(11) Automobile and truck repair garages, and painting, welding and body
shops.
(12) Dwelling units provided that the requirements of the R-3 zone are met,
mobile home parks per article V of this chapter, and planned unit
developments per article IV of this chapter.
(13) 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.
(14) Kennels or veterinary clinics, provided that all animal services and
confinement areas, including runs, are in air conditioned and sound-
attenuated buildings.
(15) Churches, funeral homes and cemeteries.
(16) No retail establishment may occupy more than 100,000 square feet.
(17) Structures over 20,000 square feet.
(18) Private schools.
(19) Bus terminals, major equipment sales, manufactured housing sales, travel
trailer and recreational vehicle sales.
(b) 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
of the city council, are not more obnoxious to the district than the uses provided
in this section. All conditional uses must be provided per chapter 86, article III,
division 3.
DIVISION 10. CBD CENTRAL BUSINESS DISTRICT
Sec. 122-243. Permitted uses.
(a) Generally. Permitted uses in the CBD district are as follows:
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(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.
(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 district, 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.
(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.
(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.
Sec. 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.
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(2) Public or semipublic facilities or structures not maintained or operated by
the city and not listed under permitted uses (Le., operated by any other
governmental unit).
(3) Utility facilities (Le., 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 and lounges.
(12) Bed and breakfasts.
(13) Theaters, cinemas and auditoriums.
(14) Churches.
(15) Planned unit developments.
(b) 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
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this section. All conditional uses must be provided per chapter 86, article III,
division 3.
DIVISION 11. M-1 INDUSTRIAL DISTRICT
Sec. 122-263. Permitted uses.
(a) Generally. Permitted uses in the M-1 district are as follows:
(1) All uses permitted in C-2 General Commercial District, provided they meet
the regulations of the C-2 district.
(2) Light manufacturing: Generally recognized light industries engaged in
manufacturing, assembly or packing. All manufacturing work must be
conducted within a completely enclosed building with a total maximum
floor space of 7,000 square feet.
(3) Wholesale enterprises and establishments engaged in warehousing, with
or without retail sales, such as but not limited to lumber and building
material yards, and electrical and plumbing supplies.
(4) Offices or technical training enterprises.
(5) Field crops, orchards and nurseries.
(6) Buildings, structures or uses maintained or operated by the city.
(7) Automobile and truck repair garages, and painting, welding and body
shops.
(b) Dwelling units. No dwelling unit shall be erected except for sleeping quarters of a
watchman or as part of a planned unit development. The watchman's quarters
shall be considered an accessory use which shall not exceed 600 square feet of
living area. The watchman's quarters shall be constructed as a portion of the
principal structure and shall be located above or at the rear of the principal
structure.
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(c) Uses to be enclosed; outdoor storage. All manufacturing or commercial uses
must be conducted within a completely enclosed building, except for outdoor
storage, which must be screened from a public street and adjacent property.
Sec. 122-264. Conditional uses.
(a) Conditional uses in the M-1 district are as follows:
(1) Airports.
(2) Junkyards.
(3) Planned unit development per article IV of this chapter.
(4) Utility facilities (i.e. electric transformers, gas regulator stations, etc.)
(5) Conditional uses of the C-2 General Commercial District not specifically
listed as a permitted use in the M-1 Light Commercial District, provided
they meet the regulations of the C-2 district.
(b) Other manufacturing or wholesale uses not listed as a permitted use may be
considered as a conditional use, provided the requirements of chapter 86, article
III, division 3, and the following conditions are met:
(1) The use is so located, site-planned and designed to avoid undue noise,
odor, smoke, explosive hazards or any other nuisances or dangers to
abutting properties.
(2) Adequate waste treatment, roadways and utilities can be provided.
(3) All applicable local, state and federal regulations regarding such use can
be met.
(4) No wholesale or retail establishment may occupy more than 100,000
square feet.
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(c) 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 of the city
council, are not more obnoxious to the district than the uses provided in this section.
All conditional uses must be provided per chapter 86, article III, division 3.
SECTION III
All other conditions shall remain in full force and effect.
SECTION IV.
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
SECTION V.
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.
SECTION VI
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 13th day of June 2000.
Second Reading on the 27th day of June 2000.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 2¡th DAY OF JUNE 2000.
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~~YClerk
CITY OF CLERMONT
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~ROLD S. TURVILLE, JR"Mayor