Ordinance No. 2023-007S,
CLER ' M, CITY OF CLERMONT
�„�d�,,„ - ORDINANCE NO.2023-007
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE CHAPTER 122
ZONING; SECTION 122-342 SPECIAL SETBACKS; PROVIDING FOR
CONFLICT; SEVERABILITY; CODIFICATION; THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR;
RECORDING; PUBLICATION AND AN EFFECTIVE DATE.
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 March 7, 2023 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 shall amend the Land Development
Code, Chapter 122 Zoning, Section 122-342 Special Setbacks, making changes to clarify language
on special setbacks for generators, pool equipment, restaurant canopies, accessory structure sizes
and patios with solid roofs from rear property line setback; and
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of
Clermont, that Chapter 122 Zoning of the Clermont Code of Ordinances be amended to make
changes in Section 122-342 Special Setbacks, as set forth in the following amendments shown in
Section 2.
SECTION 1: AUTHORITY
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.122-342. Special setbacks
(a) This section provides for specific accessory structures and architectural appurtenances and
features to be located within required building setback areas. Recorded easements,
Impervious Surface Ratio (ISR) and required landscaped buffers shall supersede the
minimum dimensions permitted by this section.
(b) Special setbacks are as follows:
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C� ' M CITY OF CLERMONT
d ORDINANCE NO.2023-007
Structure or Building Feature
Special Setback
Air conditioner pads, generators and pool
Equal to required side yard setback from rear
equipment
property line and must be placed in the rear
yard unless side yard setback can be met.
Antennas, private noncommercial (i.e., dish
Front yard, not allowed; side yard, 7.5 feet;
antennas)
rear yard, 25 feet.
Awnings, eaves, belt courses, chimneys,
May project into the required yard setback no
buttresses, cornices and sills
more than 36 inches.
Canopies, commercial i.e., service stations
30-foot setback from all property lines.
Canopies, restaurant
Commercial zoning setback from all property
lines.
Driveways
Must maintain at least a five-foot setback
from a side lot line for landscaping, and may
be located in the rear yard no closer to the
rear lot line than the required side yard
setback. One shared driveway may be used
with site plan approval.
Garages and storage buildings greater than
May be located behind the front building line
150 square feet and greater than nine feet in
and shall be subject to the setbacks required
height. No building shall be larger than 50 %
for all other structures.
of the primary structure's habitable space.
Patios, unroofed and unenclosed
May be located in the rear yard no closer than
thereuired side yard setback.
Patios, screened/unscreened with solid roof
May be located in the rear yard no closer than
built with dissimilar materials. Limited to
10 feet from the rear property line.
non -habitable space.
Porches or terraces, open, unroofed and
May project into a required front yard for a
unenclosed
distance of ten feet.
Retaining walls and decorative walls
Exempt from yard requirements.
Screen enclosures with screen material roofs
May be located in the rear yard no closer to
the rear property line than the required side
yard setback.
Sidewalks, unroofed
May be located in the rear yard no closer than
thereuired side yard setback.
Swimming pools, above ground, and their
Must be located behind the front building
decks
line, and shall be subject to the setbacks
required for all other structures.
Swimming pools, in -ground, and their decks
Must be located behind the front building
line, and shall be no closer to any property
line than the required side yard setback.
Utility buildings less than 150 square feet and
30 inches from side and rear property lines.
less than nine feet tall (must be located behind
No encroachment into any drainage and/or
the front building line)
utility easement.
Yard ornaments
Exempt from yard re uirements.
CL CITY OF CLERMONT
d ORDINANCE NO.2023-007
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 5: CODIFICATION
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The
codifer is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
editorial license.
SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 8: 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.
d
CLE NT CITY OF CLERMONT
Ch- ORDINANCE NO.2023-007
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 28 h day of March 2023.
CITY OF CLERMONT
Tim Murry, Mayo
Tracy Ackroyd Howe, MMC
City Clerk
Approved as to form and legality: