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O-2016-27 CITY OF CLERMONT ORDINANCE No. 2016-27 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 122-223 PERMITTED USES; SECTION 122-224 CONDITIONAL USES; 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 June 13,2016 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 122 Zoning, Section 122-223 Permitted Uses, and Section 122-224 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, 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): 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 barber shops,tailor or dressmaking shops, shoe repair,music,dancing and photographic studios and dry cleaning establishments. 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. 1 CITY OF CLERMONT ORDINANCE No. 2016-27 (3) Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices, and similar businesses. (4) Recreation facilities, theaters, including drive-ins, bowling alleys, skating rinks, billiard halls, miniature golf courses, driving ranges and tourist attractions. (5) Restaurants and lounges. (6) Buildings, structures or uses maintained or operated by the City. (7) No retail establishment may occupy more than 100,000 square feet. (8) Lodges and clubs. (9) Laundries. (10) Hotels and motels. (11) Convenience stores and gas stations. (12) Shopping centers; Any group of businesses with shared parking or in which the total land area of the development is less than ten acres. (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. (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 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. (d) Sidewalk use. Restaurant or food service business establishments may utilize the outside private sidewalk area adjacent to the business for patron use,to include non-fastened small tables and chairs or benches during business hours only. 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 Americans with Disabilities Act. Where such four-foot open space is not available,table or chairs shall not be allowed. All such uses shall be approved by the applicable City administrator.Number and size limitations are as follows: 2 CITY OF CLERMONT ORDINANCE No. 2016-27 (1) Limited to 50 percent of restaurant frontage as approved by the Development Services department. (2) Maximum number of tables and chairs;four tables with a maximum of four chairs each. (3) Maximum table width; four feet. (4) Umbrellas may be utilized provided they adhere to the four-foot clearance for Americans with Disabilities Act access and do not have any advertising. (e) Restaurants or similar food service business establishments with larger outdoor seating area available that can be isolated may be permitted with the following provisions: (1) Site Plan approval is required by the Site Review Committee. Location and any separation from other uses; sidewalks,parking, and landscape for example,must be demonstrated and maintained. (2) Outdoor seating cannot exceed more than half the total square feet or number of seats, whichever is less, of the indoor seating area. (3) All sidewalks and pedestrian access areas shall maintain Americans with Disabilities Act accessibility. (4) No advertising shall be permitted on table umbrellas or fencing material unless approved by the City administrative official. (5) Required landscaping must be maintained in accordance with the city Land Development Code. • 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 businesses with shared parking or in which the total land area of the development is ten acres or more. 3 CITY OF CLERMONT ORDINANCE No. 2016-27 (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;such as electric transformers,gas regulator stations,and so forth. (7) Recreational vehicle parks. (8) Hospitals, clinics, and nursing homes. (9) Automobile and truck repair garages; and painting, welding and body shops. (10) 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. (11) Kennels or veterinary clinics, provided that all animal services and confinement areas; including runs, are in air conditioned and sound-attenuated buildings. (12) Churches, funeral homes and cemeteries. (13) Retail establishments more than 100,000 square feet. (14) Private schools. (15) Bus terminals, major equipment sales, manufactured housing sales, travel trailer and recreational vehicle sales. (16) Bed and breakfast inns. (17) Automobile and truck services, carwashes, and automobile,truck,boat and farm equipment 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. 4 CITY OF CLERMONT ORDINANCE No. 2016-27 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Floridaon this 28th day of June, 2016. q°q' .1, '- 1 ay �^ ? •• ' •. ,' / CITY OF CLERMONT ..*:1,4i . t _ i ,ati,i -�`-.0 Gail L. Ash, May+r ATTEST:"' 4/ L Tracy Ackre d Howe, City Clerk Approved as e : •• and legality: 4 4111101111 4A1111 Dame antzaris, City ' orney