Ordinance No. 2018-01 C�ER�OM. CITY OF CLERMONT
ChdC ORDINANCE NO. 2018-01
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 122-313 GENERAL REQUIREMENTS; CHAPTER 86
ADMINISTRATION, ARTICLE IV VARIANCES; CHAPTER 34
ENVIRONMENT, ARTICLE II NOISE, SECTION 34-35 PROHIBITED
ACTS,SECTION 34-38 EXCEPTIONS 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 January 3, 2018 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 122-313 General Requirements; Chapter 86 Administration, Article IV Variances; and
Chapter 34 Environment,Article II Noise, Section 34-35 Prohibited Acts,Section 34-38 Exceptions;
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:
Sec. 122-313. - General requirements.
The following general requirements and special regulations shall apply to all planned unit
developments:
(1) Minimum area. No site shall qualify for a planned unit development unless the
development consists of a contiguous area of at least one acre or more, except in the
Downtown Mixed Use Future Land Use Category, which has no minimum area.
(2) Unified control. All land included for purposes of development within a planned unit
development shall be owned or under control of the petitioner for such zoning designation,
whether that petitioner is an individual,partnership or corporation,or group of individuals,
partnerships or corporations.The petitioner shall present firm evidence of the unified control
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of the entire area within the proposed planned unit development and shall state agreement
that, if he proceeds with the proposed development, he shall:
a. Do so in accord with the officially approved final master land use plan of the
development, and such other conditions or modifications as may be attached to the
special regulations.
b. Provide agreements,covenants,contracts,deed restrictions,improvements or sureties
acceptable to the city council for completion of the undertaking in accordance with
the formally approved final master land use plan, as well as for the continuing
operation and maintenance of such areas, functions, facilities and improvements as
are not to be provided, operated and maintained at general public expense.
c. Bind all development successors in title to any commitments made under subsections
(2)a. and (2)b. of this section.
(3) Development approval. Formal approval of all planned unit developments shall be granted
according to comprehensive and detailed plans satisfactory to the city council.Such approval
shall be contingent upon specific evaluation of project concept, uses, density or intensity,
location,and recreation and open space areas. Items required for such analysis and approval
may include but are not limited to:
a. Plans detailing streets, utilities, lot or building sites, setbacks, impervious surface
ratio, landscaping and the like for the overall project; and site plans, floor plans and
elevations for all buildings as intended to be located,constructed or used,as related
to each other,and detailed for other uses and improvements on the land as related to
the buildings and structures.
b. A program for provision, operation and maintenance of such areas, improvements,
facilities and services as will be for common use by some or all of the occupants of
the planned unit development, but will not be provided, operated or maintained at
general public expense.
c. Pertinent research studies, analysis or calculations that satisfactorily identify
infrastructure impacts and indicate means for concurrency with warranted
improvements.
Chapter 86 Administration, Article IV Variances.
Sec. 86-171. - Purpose and general provisions, definitions
The purpose of this Section is to provide for relief from certain requirements of the land
development regulations when the strict administration of such regulations prevent an important
need and the reasonable use of the property for which a variance is sought. In so doing, the
following rules apply:
(1) Use variances are not permitted.
(2) All variances run with the land.
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(3) All variance requests to the requirements of the Florida Americans with Disabilities
Accessibility Implementation Act must be preceded through the procedures required under
such act.
The following words, terms and phrases, when used in this Section, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Practical difficulty means use of all or a portion of the property at issue cannot occur with
reasonable physical accommodation that is economically reasonable.
Unnecessary hardship means a practical difficulty which exists due to an unintended effect of
the land development regulation.
Use variance means an exception to the uses permitted in a particular zoning district by right,
special exception or conditional use.
(Code 1998, § 86-171; Ord. No. 281-C, § 1(ch. 8, § 1), 11-8-1994)
Sec. 86-172. - Submittal requirements for application
Application for variance shall be filed with the city on the designated form, and shall be
accompanied by the appropriate fee as established by resolution of the city council and on file in the
city clerk's office.Application for a variance shall be filed on or before the date established for such
submission as adopted by resolution of the city council. The following shall be submitted for
variance:
(1) Completion of the appropriate forms;
(2) Site Plan
(3) Reasons identifying why a variance is warranted. (Note: The burden of proof is
the obligation of the applicant.Justification for compliance with the criteria for a
variance must be fully documented and proven by the applicant. Each variance
must stand on it's own merits. Past variance approvals will not be grounds for
approval of future variances.);
(4) Payment of the requisite application fee.
(Code 1998, § 86-172; Ord. No. 281-C, § 1(ch. 8, § 2(A)), 11-8-1994; Ord. No. 291-C, § II, 2-
23-1999)
Sec. 86-173. - Notice of public hearing.
All variance requests shall be considered at public hearings,which shall be noticed as follows:
(1) The city shall send notice of the proposed variance to the owners of all adjoining
properties to the subject property. Such notice shall include the date,time and place of
the public hearing before the board of zoning adjustment,along with a clear and concise
description of the proposed variance. For the purposes of such notification, adjoining
properties shall include those properties within 150 feet of the subject property even
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when separated from the subject property by a road, canal, easement, right-of-way or
similar barrier.
(2) Notice of public hearing shall be published in a newspaper of general circulation within
the city no less than five days prior to the date set for the hearing,and the matter shall be
entered on the agenda of the next regular meeting of the board of zoning adjustment if the
meeting is five or more days forthcoming.The applicant shall be responsible for the cost
of advertising and it shall be paid no later than 24 hours prior to the scheduled hearing
date. Failure to pay this cost will delay the hearing and the applicant may occur
additional advertising costs.
(3) After an application has been filed, the applicant shall post the subject property with
signage as provided by or as directed by the city. The sign or signs shall be erected on
each street side of said land or where the sign or signs would be in the most conspicuous
place to the passing public as determined by the administrative official or his designated
representative.
(Code 1998, § 86-173; Ord. No. 281-C, § 1(ch. 8, § 2(B)), 11-8-1994; Ord. No. 306-C, § 2, 3-27-
2001)
Sec. 86-174. - Review criteria and findings.
A variance may be granted from the land development regulations if the board concludes that
literal enforcement of the provisions of the land development regulations would result in either
practical difficulty(for setback and parking provisions)or unnecessary hardships(for all other land
development regulations) for the property at issue. In order for a variance to be granted, the board
must also find that,by granting the variance,the remaining regulations will protect the public safety
and welfare of the city and if it finds that:
(1) Granting the variance will not cause or allow interference with the reasonable enjoyment
of adjacent or nearby property owners or negatively impact the standard of living of the
citizens of the city;
(2) The variance will allow a reasonable use of the property,which use is not out of character
with other properties in the same zoning category;
(3) In the context presented,strict compliance with the land development regulation will not
further any legitimate city objective,or the benefits that would be achieved under the other
variance criteria by the granting of the variance outweigh the benefits under this criteria if
the variance were denied;
(4) The granting of the variance is consistent with the city's comprehensive plan; and
(5) The variance requested is the minimum variance that will make reasonable use of the
land, building, or structure or the benefits that would be achieved under the other
variance criteria by the granting of the variance outweigh the benefits under this criteria if
the variance were denied.
(Code 1998, § 86-174; Ord. No. 281-C, § 1(ch. 8, § 2(C)), 11-8-1994)
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Sec. 86-175 –Review of variance applications
Under this Section, applications for variances shall be:
(1) Reviewed by the Administrative Official. A report reviewing the circumstances
surrounding the application with a recommended action shall be produced and shared
with the applicant in advance of the Board of Zoning Adjustment public hearing;and
(2) Approved,denied,or approved with conditions by the Board of Zoning Adjustment
after one public hearing.
Sec. 86-176. - Time limit for commencing construction.
When any variance is granted, construction of the structure or other variance item must begin
within one year from the date of grant. It shall be the obligation of the owner to file written notice
with the administrative official and director of planning that he has begun the proposed construction.
If no such notice is filed, the variance shall automatically lapse.
(Code 1998, § 86-175; Ord. No. 281-C, § 1(ch. 8, § 2(D)), 11-8-1994; Ord. No. 294-C, § 2, 9-28-
1999; Ord. No. 2010-05-C, § 2, 3-23-2010)
Sec. 86-177. - Transfer.
A variance in the zoning regulations may be transferred along with the transfer of the property
ownership, but only for the specific use and approved plan originally granted.
(Code 1998, § 86-176; Ord. No. 281-C, § 1(ch. 8, § 2(D)), 11-8-1994)
Sec. 86-178. - Reapplication after denial.
Variance requests which have been denied may not be resubmitted for a period of one year.
(Code 1998, § 86-177; Ord. No. 281-C, § 1(ch. 8, § 2(D)), 11-8-1994)
Secs. 86-179-86-200. - Reserved.
Chapter 34 Environment, Article II Noise
Sec. 34-35. - Prohibited acts.
(a) It shall be unlawful for any person to produce, cause to be produced,allow to be produced or
project,by any means, any sound or noise across a property line in such manner as to create a
sound level which exceeds the limits set forth for the receiving land use listed in section 34-36
when measured at or within the property line of the receiving property. For any activity or use
of land or buildings not expressly listed in the zoning districts in the city,the city council,upon
notice to the owner or occupant of the property producing sound,may determine the category
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of use under this article for which the activity or use is to be considered.Notwithstanding the
foregoing,the existence of a noise which relates to the receiving land use listed in section 34-
40 may be determined by the city's law enforcement officers,code enforcement officers,code
inspectors, and/or their agents pursuant to section 34-40(a)(1).
(b) Notwithstanding any violation of subsection(a)above,the following specific uses,activities
and circumstances are declared to be in violation of this article:
(1) Radios, television sets, exterior loudspeakers, musical instruments, and similar devices.
Operating or permitting the use or operation of any radio receiving set, exterior
loudspeaker,amplified sound equipment,musical instrument,phonograph,television set,
or other machine or device for the production or reproduction of sound in such a manner
as to create a noise across the boundary of the property, including, without limitation,
public and private rights-of-way from which the noise originates. In addition to the
preceding,radios,cassette players,disk players and similar devices associated with motor
vehicles or motorboats,shall not be operated or amplified in such a manner as to be felt or
clearly heard at 25 feet or more from such device,when operated or parked on a public or
private right-of-way or public or private space.In determining whether such devices may
be clearly heard, the city's law enforcement officers, code enforcement officers, code
inspectors, and/or their agents must utilize their normal auditory senses without any
enhancements or hearing aids. Particular words or phrases or the name of any song or
artist are not required to be identified. The detection of a rhythmic bass reverberating
sound shall be sufficient to determine if a violation has occurred. To the extent that the
Florida Uniform Traffic Control Law provisions regulate noise originating from within
public or private rights-of-way,those provisions shall apply where currently existing or as
amended.
(2) Construction equipment and activity. Operating or causing to be operated any equipment
or performing any outside activity in furtherance of construction, repair, alteration or
demolition work on buildings,structures,roads,or projects within the city except between
the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday and between the hours of
9:00 a.m.and 9:00 p.m.on Saturday,excluding all legal,state,and nationally recognized
holidays.The city manager or authorized designee may allow construction equipment and
activity outside of this timeframe on a case by case basis when it is determined to be in the
best interest of the City. The city manager may impose conditions that limit any negative
impacts to the surrounding properties.
Sec. 34-3 8. - Exceptions.
(a) The following noise and sounds are exempt from this article:
(1) Noise and sounds caused by or related to emergency vehicles, equipment, and
personnel during emergencies, which shall be deemed to include all work made
necessary by an emergency to restore property to a safe condition, all work made
necessary by an emergency to restore public utility service and all work made
necessary by an emergency to protect persons or property from imminent injury,
death, or substantial harm.
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(2) Noise and sounds produced by city, county, state, and federal government vehicles,
equipment and personnel during the pursuit of official duties of the respective
governments, including but not limited to public works construction and
maintenance, authorized safety signals, warning devices and emergency testing.
(3) Noise and sounds produced by public utility vehicles, equipment and personnel
during the pursuit of the public duty of such public utility.
(4) Noise and sounds produced by activities or events approved by the city council where
the person responsible for such activities or events obtains the city council's approval
after such person clearly and expressly has advised the city council that the noise or
sounds associated with the activities or events would be in violation of this article but
for this exemption.
(5) Railway locomotives and railway cars.
(6) Aircraft and airport activity conducted in accordance with federal laws and
regulations.
(7) Motor vehicles operating on a public right-of-way subject to F.S. § 316.293 or other
provisions of the Florida Uniform Traffic Control Law that regulate noise and sounds
originating from within public or private right-of-way where currently existing or as
amended.
(8) Organized athletic contests.
(9) Noise and sounds produced from churches between the hours of 7:00 a.m.and 10:00
p.m.
(10) Community events,such as fairs, school activities,community festivals and the like
which do not extend their activities beyond 11:00 p.m.or commence before 7:00 a.m.
Any community activity which extends beyond 11:00 p.m.or commences before 7:00
a.m. and would otherwise violate this article must apply for and receive prior
approval from the city.
(11) Noise and sounds produced by an electrical generator during a time period in which
regular electrical utility service is temporarily unavailable to the property upon which
the generator is located.
(12) Noise and sound associated with uses or activities for which a variance has been
obtained from the city approving such noises and sounds contrary to the restrictions
of this article.
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CITY OF CLERMONT
Chace d Chornews ORDINANCE NO. 2018-01
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on
this 23rd day of January, 2018.
`"" ' CITY OF CLERMONT
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'mow
Gail L. Ash, Mayor
ATTEST:
aL(2LLL—
Tracy Ackroyd owe, ity Clerk
Appro -d as to form ane •
Dan . • antzaris, ity Attorney