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CLER"�ON1 CITY OF CLERMONT
�--- ORDINANCE NO. 2019-39
AN ORDINANCE OF THE CITY OF CLERMONT,FLORIDA,IMPOSING A
TEMPORARY MORATORIUM FOR ONE HUNDRED AND EIGHTY(180)
DAYS ON THE ACCEPTANCE OF ANY APPLICATION FOR AND/OR THE
ISSUANCE OF ANY PERMIT, CONDITIONAL USE APPROVAL, SITE
PLAN APPROVAL,AND ANY OTHER OFFICIAL ACTION OF THE CITY
OF CLERMONT HAVING THE EFFECT OF PERMITTING OR
ALLOWING DEVELOPMENT AND/OR CONSTRUCTION OF ANY
MULTI-FAMILY DEVELOPMENT; EXCLUDING WITH CONDITIONS
SUCH APPLICATIONS SUBMITTED PRIOR TO AUGUST 27, 2019** OR
APPROVALS FOR THE CONTINUANCE OF AN EXISTING MULTI-
FAMILY DEVELOPMENT; THE TEMPORARY MORATORIUM SHALL
APPLY TO ALL REAL PROPERTY LOCATED WITHIN THE
CORPORATE LIMITS OF THE CITY OF CLERMONT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021(1), Florida Statutes, the City of Clermont, Florida, a municipal
corporation, enjoys all governmental, corporate, and proprietary powers necessary to conduct
municipal government, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS,as provided in section 166.021(3),Florida Statutes,the governing body of each
municipality in the State has the power to enact legislation concerning any subject matter upon which
the State Legislature may act, except when expressly prohibited by law; and
WHEREAS,the appropriate regulation and permitting of land uses in the City is vital to the
public's health, safety,morals and welfare as deficient or inadequate regulations can lead to public
harm; and
WHEREAS, the City Council of the City of Clermont has noted the rapid development of
multi-family development and the consequential growing demands upon city services; and
WHEREAS, a comprehensive review is required to study the impact of multi-family
development on transportation, public safety, adequacy of public facilities, recreation and open
space,the accessibility for emergency and public service vehicular traffic,the adequacy of drainage
facilities, and the impact on the availability of water and wastewater facilities; and
WHEREAS, the City requires time to review, consider, modify, process for adoption, and
implement regulations pertaining to multifamily development and to evaluate the extent that the
existing city codes and regulations are effectively implementing the City's Comprehensive Plan;and
**The motion to approve this Ordinance amended this date to October 11, 2019 (see Section 4).
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CLER11IONT CITY OF CLERMONT
� � 1 ORDINANCE NO. 2019-39
WHEREAS,the purpose hereof,is to enable the City to undertake a thorough analysis of the
Comprehensive Plan and the residential development regulations for multi-family development,
including,but not limited to the impact of said development on parks,recreation and open space,the
availability of infrastructure and accessibility of emergency and public service vehicular traffic,the
availability of housing, public safety and public facilities.
WHEREAS, the City Council, after holding a public hearing, finds that it is appropriate to
impose a temporary moratorium for a period of one hundred and eighty(180)days on the acceptance
of applications and/or the issuance of any permit,conditional use approval,site plan approval,or any
other official action of the City having the effect of permitting or allowing development and/or
construction of any multi-family use; and
WHEREAS, a public hearing was held pursuant to the required published notice at which
hearing the parties in interest and all others had an opportunity to be and were, in fact, heard.
NOW,THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Florida as follows:
SECTION 1. Purpose and Legislative Findings
The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the City
Council's legislative findings.
SECTION 2. Temporary Moratorium Upon the Acceptance of Applications and/or Issuance
of Any Permit,Conditional Use Approval,Site Plan Approval,or Any Other Official Action of
the City Having the Effect of Permitting or Allowing Development and/or Construction of Any
Multi-Family Development
(a) For purposes of this Ordinance,Multi-Family Development shall mean a building or
structure designed or used for residential occupancy by three or more families.
(b) All activities relating to the acceptance, review and action upon any permit,
conditional use approval,site plan approval,or any other official action of the City having the effect
of permitting or allowing development and/or construction of any multi-family development are
temporarily suspended in order for the City of Clermont, through its officials and staff, to have
adequate time and opportunity to conduct a thorough analysis of the Comprehensive Plan and the
residential development regulations for multi-family development,including,but not limited to the
impact of said development on parks,recreation and open space,the availability of infrastructure and
accessibility of emergency and public service vehicular traffic, the availability of housing, public
safety and public facilities.
(c) During the time the temporary moratorium is in effect, the City will accept no
applications for permit or development of any multi-family development and except as exempted
below no such activities shall be permittable within the City.
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�I.ER CITY OF CLERMONTORDINANCE NO. 2019-39
SECTION 3. Imposition of Moratorium
(a) The temporary moratorium set forth in this Ordinance shall take effect immediately
upon the effective date of this Ordinance and shall terminate one hundred and eighty(180)days after
said effective date. The City will accept no applications or act on pending applications which are
subject to the moratorium until the moratorium has expired.
(b) The City Council may extend the temporary moratorium established in this ordinance
one(1)time for a period not to exceed ninety(90)days upon a finding by the City Council set forth
in the ordinance that the problems giving rise to the need for the temporary moratorium established
herein continue to exist and that reasonable progress is being made in carrying out a specific and
prompt plan of corrective legislative action, but that additional time is reasonably needed to
adequately address the issues facing the City.
SECTION 4. Applicability and Exemptions
Nothing herein shall be interpreted to cause a suspension or termination of any multi-family
development that exists as of the effective date or has submitted a complete application as
determined and accepted by the City on or before October 11, 2019 for approval of any permit,
conditional use approval,site plan approval,or any other official action of the City having the effect
of permitting or allowing development and/or construction of any multi-family development.
Furthermore, this moratorium shall not apply to any application for a building permit or other
approval for the renovation,repair or restoration of any existing multi-family development,provided
that said application is not increasing the square footage of any existing structure or structures.
SECTION 5. Penalties
Violations of this ordinance are punishable as provided by Section 1-15 of the Clermont City Code
or by any other method as provided by law,
SECTION 6. Expiration of Temporary Moratorium
The temporary moratorium imposed by Sections 2 and 3 of this Ordinance shall expire as set forth
above or upon the effective date of an Ordinance repealing this Ordinance after the City Council has
considered any amendments to existing city codes and regulations related to multi-family
development, whichever is earlier.
SECTION 7. Severability
It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a 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 portions thereof.
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CLER N. CITY OF CLERMONT
ORDINANCE NO. 2019-39
SECTION 8. Conflict
All codes and ordinances of the City in conflict herewith are hereby repealed to the extent of the
conflict.
SECTION 9. Effective Date
This Ordinance shall be published as provided by law and shall become law and shall take effect on
the date of its Second Reading and Final Passage.
First Reading this 27th day of August, 2019.
Second Reading this 10th day of September, 2019.
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Of . NT CITY OF CLERMONT
Choc*dChr.pm. ORDINANCE NO. 2019-39
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 10th day of September, 2019.
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A'`:,‘. L'' `, y,,, CITY OF CLERMONT
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r'` iv p",, ;:`'• Gail L. Ash, Ma or
ATTEST'`'
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Tracy Ackroy• Howe, City Clerk
Approv-e : •• : ••. • l• -:ality:
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Daniel F. Mantzaris, City Attorney
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