O-296-C
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CITY OF CLERMONT
ORDINANCE
296-C
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, RELATING TO
MODEL HOMES AND MODEL HOME CENTERS; CREATING THE FOLLOWING
NEW SECTIONS IN ARTICLE V OF CHAPTER 122 OF THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT KNOWN AS THE LAND
DEVELOPMENT REGULATIONS; SECTION 122-350 MODEL HOMES AND MODEL
HOME SALES CENTERS; SECTION 122-351 GENERAL REQUIREMENTS; 122·352
. ISSUANCE OF BUILDING PERMITS, CERTIFICATE OF OCCUPANCY AND
TEMPORARY USE PERMITS; SECTION 122·353 PARKING; SECTION 122-354
MODEL HOME SIGNAGE; 122-355 DEPOSIT REQUIRED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont
desires to amend the City's Land Development Regulations, by creating regulations for
Model Homes and Model Home Centers;
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 May 2, 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 Clermonts 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 Clermonts 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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CITY OF CLERMONT
ORDINANCE
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SECTION 2.
The City of Clermonts Land Development Regulations are hereby amended to read as
follows:
. Section 122·350. Model Homes and Model Home Sales Centers.
Model Homes and Model Home Sales Centers may be permitted in residential
zoning districts, or as a part of a residential or mixed use planned unit development,
subject to the following requirements:
(a) Model home means a single residential, duplex, town home or condominium
structure built to code for eventual residential use, not occupied as a dwelling
unit, but open to the public for inspection, and used solely for demonstration and
selling of residential dwellings being constructed in the same subdivision.
(b) Model home sales center means two or more adjacent residential, duplex,
townhome or condominium structures not occupied as dwelling units, open to the
public for inspection and used solely for demonstration and selling of residential
dwellings in the subdivision.
(c) Use. Model Homes and Model Home Sales Centers shall be restricted primarily
to the sale and marketing of the residential structures within the particular
subdivision or project that the model(s) are located.
Section 122-351. General Requirements
(a) Dwellings constructed within a residential sUbdivision under active development
may be used as display models during active development of the subdivision. Use of
such dwellings as display models shall be temporary, and shall be permitted only while
dwellings of the same type and style are being constructed within the subdivision.
(b) Model homes shall only be permitted for newly constructed structures which have
not been previously occupied as a residence.
(c) No model home may be used for living purposes either temporarily or
permanently, until after the model home use has ended.
(d) Model homes shall be used for the sole purpose of public inspection and
marketing. No other commercial or residential activities shall be permitted.
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CITY OF CLERMONT
ORDINANCE
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Section 122-352. Issuance of buildinq permits, number, certificates of occupancy
and temporary use permits.
(1)
Building permits. Building permits may be issued after the following:
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(a) Approval of the preliminary plat and approval of the construction plans for
the development; and
(b) Approval of a conceptual site plan for the model home or model home
center by the Site Review Committee. The conceptual site plan shall be of
the appropriate scale and detail to adequately describe and define
vehicular and pedestrian traffic safety measures, parking, signage and
landscaping requirements. Additional requirements, restrictions and
conditions may be imposed by the Site Review Committee to address site
specific or project concerns and to assure buffering of adjacent properties
used or zoned for residential use.
(2) Number. The maximum number of building permits for model homes that may
be issued prior to recording of the final plat shall be:
Number of
Approved
Dwellinq units
Number of Model
Home Units
1 to 50
51 to 100
101 to 200
201 and Over
3 Units
4 Units
5 Units
6 Units
For purposes of this section, the number of approved dwelling units shall mean the
number of dwelling units approved on the plat within a particular phase of a project, not
the total number of dwelling units approved within the overall development.
For purposes of this section, the number of town home and condominium units that may
be constructed prior to final plat shall be limited to the number of units within one
structure.
(3) Certificate of occupancy. A certificate of occupancy shall not be issued for a
model home until:
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CITY OF CLERMONT
ORDINANCE
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(a) All improvements for the development have been installed and approved
by the City; or, when approved by the Site Review Committee, a
performance bond has been posted in conformance with Section 122-355
below; and
(b) The final plat has been recorded with the clerk of the court.
(c) No model home may be sold until the plat has been recorded with the
Clerk of the Court and the model home temporary use permit is
terminated.
(4) Temporary use permit. A permit, authorizing the use of the home(s) as models,
shall be issued only in conjunction with an approved site plan for a model home or a
model home center. A temporary use permit shall be issued initially for a period of three
(3) years and may be renewed annually thereafter. In considering renewal of such
temporary use permit, the City Manager or his designee, shall determine that the permit
holder is operating in compliance with the City's Land Development Regulations and
Code of Ordinances, and evaluate the impact of the model home(s) on the surrounding
developing neighborhood. If the City Manager or his designee, determines that the
model home units are creating an undesirable impact on the neighborhood, the
temporary permit may not be renewed.
Section 122-353. Parkinq.
(1) At a minimum, the parking area for a single model home may be provided within
the standard driveway constructed to serve the residential unit. Should the
developer wish to not install a driveway or block the driveway, parking shall be
required on an adjacent parcel, with a minimum of four (4) off street parking
spaces to be provided.
(2) At a minimum, a model home sales center shall provide four (4) off street parking
spaces for the first model home and two (2) additional spaces for each adjacent
model. Additional spaces may be required, if the Site Review Committee
determines that based on the scope of the project, the minimum parking
requirements would be inadequate.
(3) The Site Review Committee may approve permeable parking areas. The Site
Review Committee shall consider the site characteristics of the parking area,
including but not limited to the elevation, slope, drainage, soil type and adjacent
surface conditions in determining whether the parking area should be of pervious
or impervious materials.
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CITY OF CLERMONT
ORDINANCE
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Section 122·354. Model Home Si~na~e.
(1) Model home(s) and Model home center signs shall conform to the following
requirements:
(a) A m(!)del home center, consisting of two or more model homes, shall be
eligible for identification signs according to the following requirements:
1. One sign may be permitted per model home center and shall be located
on the property included within the model home center.
2. Signs shall not exceed thirty-two square feet.
3. Signs shall not exceed eight feet in height.
4. Signs shall be setback from all property lines a minimum of five feet.
5. Illumination of the sign shall be allowed, however, back lit signs shall be
prohibited.
(b) In addition to the signs set for above, each model home shall be eligible for
identification signs according to the following requirements:
1. One sign may be permitted per model home.
2. The permitted sign shall be located on the same lot as the model home.
3. Signs shall not exceed six square feet in total area.
4. Signs shall not exceed four feet in height.
5. Signs shall be setback from all property lines a minimum of five feet.
6. Signs shall not be illuminated.
(2) Ground directional signs that guide and direct traffic to the model home(s) may
be permitted within the subdivision, provided the signs do not exceed four (4)
square feet in area and four (4) feet in height. Only one ground directional sign
will be permitted on anyone street, regardless of the length of the street. Ground
directional signs shall not be placed within street rights-of-way.
(3) Where a parking area is provided on an adjacent lot to a model home or a model
home center, one ground directional sign may be located at the entrance to the
parking area, provided the sign does not exceed four (4) square feet in area and
four (4) feet in height. Said sign shall indicate nothing other than the word
"Parking" and a directional arrow if desired.
(4) All signs provided for in this section shall be removed when the model home or
model home center use is terminated.
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CITY OF CLERMONT
ORDINANCE
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Section 122-355. Bond required.
(1 )
(2)
If approved by the Site Review Committee, a performance bond may be
accepted for items, such as, but not limited to the following:
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a) Improvements that are required on the approved construction plans for the
subdivision, that are not to be installed until the model(s) are converted to a
residential use.
b) Temporary improvements that would need to be removed to convert the
property back to a residential use (Le. parking areas, signs, etc).
c) Driveways and/or sidewalks for individual lots, required by City Code, that are
not installed at the time of construction of the model(s).
The bond shall be in the amount of 100 percent of a certified construction
estimate prepared by a licensed engineer or contractor and approved by the city
engineer prior to the issuance of a temporary use permit for the model home(s)
and shall be increased, if necessary, upon any renewal of the model home or
model home center temporary use permit.
SECTION 3.
Severability. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION 4.
Codification. It is the intention of the City Council that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances of the City of
Clermont; and that sections of this Ordinance may be renumbered or relettered and the
word "Ordinance" may be changed to "Chapter", "Section", "Article" or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of
whether such inclusion in the Code is accomplished, sections of this Ordinance may be
renumbered or relettered and the correction of typographical errors which do not affect
the intent may be authorized by the City Manger, without need of public hearing, by
filing a corrected or recodified copy of same with the City Clerk.
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CITY OF CLERMONT
ORDINANCE
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SECTION 5.
Publication and Effective Date. 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.
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First Reading on the 9th day of May 2000.
Second Reading on the 23rd day of May 2000.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23rd DAY OF MAY 2000.
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HA~~ILLE, JR. Mayor
ATTEST:
~PH E. V