O-333-C•
ORDINANCE No. 333-C
AN ORDINANCE OF THE CITY OF CLERMONT CITY COUNCIL,
CLERMONT, FLORIDA AMENDING SUBPART B LAND
DEVELOPMENT CODE, OF THE CODE. OF ORDINANCES ;AMENDING
SECTION 82-12 ENTITLED DEFINITIONS; AMENDING CHAPTER 1.22
ZONING, AMENDING ARTICLE V CREATING SECTION 122-356,
ENTITLED BED AND BREAKFAST INNS; AMENDING ARTICLE III,
DISTRICTS, DIVISION 6, R-3-A RESIDENTIAL PROFESSIONAL
DISTRICT, SECTION 122-164; DIVISION 7, R-3 RESIDENTIAL
PROFESSIONAL DISTRICT, SECTION 122-1.84 ;DIVISION 8, C-1 LIGHT
COMMERCIAL DISTRICT, SECTION 122-204; DIVISION 9, C-2
GENERAL COMMERCIAL DISTRICT, SECTION 122-224 ;DIVISION 10.
CBD SECTLON 1.22-244; PROVIDING :FOR A SF.,VERANCE CLAUSE;
PROVIDING FOR INCLUSION IN THE CITY OF CLERMONT CODE;
AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City of Clermont is a community that contains and is known
for public recreation activities, professional sports activities and family oriented
facilities, by means of its environmental resources and its proximity to family oriented
destinations of Central Florida; and
WHEREAS, the City of Clermont, Florida recognizes that providing
accommodations in the form of short-term lodging facilities that provide personalized
service will enhance the local economy; and
WHEREAS, the City of Clermont, Florida can provide for Bed and breakfast
Inns and maintain the unique character that is the Gem of the Hills;
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BE IT ORDAINED by the City Council of the City of Clermont, Florida that
• Chapter 82-12, Land Use Definitions of the City of Clermont Code of Ordinances is
hereby amended; Chapter 122, Divisions 6, 7, 8, 9 and 10 of the City of Clermont Code
of Ordinances is hereby amended; Chapter 122, Article V, Supplementary District
Regulations of the Clermont Code of Ordinances is hereby amended creating Section
122-356:
Section 1. Recitals. The forgoing recitals are true and correct and
hereby incorporated herein by reference.
Section 2. Amendment. Section 82-12, Land Use Definitions, City of
Clermont Code of Ordinances is hereby amended to delete the following definitions.
Boardinghouse includes the following:
(1) Lodging house or rooming house. A building, Establishments, other than
a hotel or motel, primarily engaged in renting rooms. where sleeping
• rooms are provided for occupancy by persons for compensation.
Accommodations are without provisions for cooking by guests, but
meals may or may not be provided. A lodging house may include living
quarters containing independent cooking facilities designed far the
resident manager only.
(2) Dormitory, fraternity or sorority house. A building Establishments, in
which sleeping rooms are provided as communal sleeping quarters for
occupancy by and maintained as a place of residence exclusively for
students affiliated with an academic or professional college or
university, with or without meals, when approved and regulated by such
institution. A dormitory, fraternity or sorority house may include living
quarters containing independent cooking facilities designed for the
resident manager only.
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•
Section 3. Amendment. Section 82-12, Land Use Definitions, City of
Clermont Code of Ordinances, is hereby amended to add the following definitions:
Bed and breakfast Inn. -Abed and breakfast inn is a structure with a residential
appearance, with no more than 14 sleeping rooms, which has been constructed or
modified to serve as a short-term public lodging establishment. Abed and breakfast
inn provides personalized accommodations and meal services and is recognized as a
bed and breakfast inn in the community and by the hospitality industry. (Reference
Chpt.122, Article V, Sec. 356)
Tourist Accommodations. - Commercial establishments primarily engaged in
providing lodging, or lodging with meals for the traveling public, known as hotels,
motels, boardinghouses, rooming houses, seasonal hotels, hostels, cabins and cottages.
Section 4. Amendment.
Chapter 122, City of Clermont Code of
Ordinances, is hereby amended:
DIVISION 6.
R-3-A 17ESIDENTIAI:~/Pltt)T'ESSIONAL DiSr[`RIC:'I'
SEC. 122-164. Conditional uses.
(a) Conditional uses in the R-3-A district are as follows:
(1) Professional offices, doctor's offices, banks, loan companies,
insurance and real estate offices and similar businesses.
(2) Churches provided adequate buffer strips between residential uses
are provided.
(3) Public or semipublic facilities or structures not maintained by the
city (i.e., operated by another unit of government).
(4) Utility facilities (i.e., electric transformers, gas regulator stations,
etc.).
(5) Planned unit development per article IV of this chapter.
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(6) Cemeteries.
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• (7) Multiple-family developments, including town homes and
condominiums, of 12 or more dwelling units, or that are so located and
planned so that 12 or more dwelling units can be placed on the property,
even though 11 or fewer may be constructed initially.
(8) Nursery schools, kindergartens or child care centers, provided the
outdoor area is enclosed by a fence at least four feet in height and all state
requirements are met.
(9) Personal service establishments such as but not limited to beauty
or barber shops, tailor or dressmaking shops, shoe repair, music, dancing
and photographic studios and dry cleaners.
(10) Private schools.
(11) Bed and Breakfast Inns per article V of this chapter.
DIVISION 7.
R-3 Rl+',Sll)IN'T1Al.alPR01~F,S.4IC)Nh[., l)1S~fi'1ZlC"'['
SEC. 122-184. Conditional uses.
• (a) Conditional uses in the R-3 district are as follows:
(1) Professional offices, doctor's offices, banks, loan companies,
insurance and real estate offices and similar businesses.
(2) Churches provided adequate buffer strips between residential uses
are provided.
(3) Public or semipublic facilities or structures not maintained by the
city (i.e., operated by another unit of government).
(4) Utility facilities (i.e., electric transformers, gas regulator stations,
etc.).
(5) Planned unit development per article IV of this chapter.
(6) Cemeteries.
(7) Multiple-family developments, including town homes and
condominiums, of 12 or more dwelling units, or that are so located and
planned so that 12 or more dwelling units can be placed on the property,
• even though 11 or fewer may be constructed initially.
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• (8) Hospitals and nursing homes.
(9) Private schools.
(10) Nursery schools or kindergartens provided the outdoor play area is
enclosed by a fence four feet in height and all state requirements are met.
(11) Mobile home parks per article V of this chapter.
(12) Personal service establishments such as but not limited to beauty
or barber shops, tailor or dressmaking shops, shoe repair, music, dancing
and photographic studios and dry cleaners.
(13) Bed and Breakfast Inns per article V of this chapter.
DIVISION 8.
C`-1 I11Gfl"l" C;C)MMI~;R(`I.AI. I)lS'l"121C'"l'
SEC. 122-204. Conditional uses.
(a) Conditional uses in the C-1 district are as follows:
• (1) Retail businesses, personal service establishments, professional
offices and lodges and clubs greater than 5,000 square feet; provided,
however, that no retail establishment may occupy more than 100,000
square feet.
(2) Public or semipublic facilities or structures not maintained or
operated by the city and not listed under permitted uses (i.e., operated by
any other unit of government).
(3) Utility facilities (i.e., electrical transformers, gas regulator stations,
etc.).
(4) Hospitals, clinics, nursing homes, and funeral homes.
(5) 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.
(6) Churches and cemeteries.
(7) Private schools.
• (8) Mobile home parks per article V of this chapter.
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• (9) Planned unit developments per article IV of this chapter.
(10) Convenience stores and gas stations.
(11) Laundries.
(12) Automobile and truck services.
(13) Restaurants and lounges.
(14) Bed and Breakfast Inns per article V.
DIVISION 9.
C-2 (FNERAL C'OMNIERC;IAL I)I:STIIiCT
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 five or more businesses with shared
parking or in which the total land area of the development exceeds five
acres.
(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 (i.e., electric transformers, gas regulator stations, etc.).
(7) Convenience stores and gas stations.
(8) Laundries.
• (9) Hotels, motels and recreational vehicle parks.
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• (10) Hospitals, clinics, and nursing homes.
(11) Automobile and truck repair garages, and painting, welding and body
shops.
(12) 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.
(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.
(14) Kennels or veterinary clinics provided that all animal services and
confinement areas, including runs, are in air conditioned and sound-
attenuated buildings.
(15) Churches, funeral homes and cemeteries.
(16) No retail establishment may occupy more than 100,000 square feet.
(17) Structures over 20,000 square feet.
(18) Private schools.
(19) Bus terminals, major equipment sales, manufactured housing sales,
travel trailer and recreational vehicle sales.
(20) Bed. and Breakfast Inns
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DIVISION 10.
. C'1313 C:"F.,~IT12AI.: E3IJS11l [±:SS i)ISTI2[C'T
SEC. 122-244. Conditional uses.
(a) Conditional uses in the CBD district are as follows:
(1) Retail businesses, personal service establishments and professional
offices occupying 3,000 square feet of total floor area or more; provided,
however, that no retail establishment may occupy more than 100,000
square feet.
(2) Public or semipublic facilities or structures not maintained or
operated by the city and not listed under permitted uses (i.e., operated by
any other governmental unit).
(3) Utility facilities (i.e., electrical transformers, gas regulator stations,
etc.).
(4) Hospitals, clinics, adult congregate living facilities and nursing
homes that provide treatment of human ailments or personal care
operations.
(5) 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.
(6) Private schools.
(7) Funeral homes.
(8) Convenience stores and gas stations provided on-site parking
requirements are met.
(9) Laundries.
(10) Automotive service stations provided on-site parking requirements
are met.
(11) Restaurants and lounges.
(12) Bed and breakfasts Inns as provided in Article V of this chapter..
(13) Theaters, cinemas and auditoriums.
(14) Churches.
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• Section 5. Amendment. Article V, Supplementary Regulations is amended, creating
Section 122-356, City of Clermont Code of Ordinances, to read as follows:
SEC. 122-35b. Bed and breakfast Inns.
Bed and breakfast inns shall meet the requirements of the zoning district in which
they are located and shall meet the following criteria.
(1) Conditional Locations. Bed and breakfast inns shall be allowed as a
Conditional Use in the Light Commercial C-1 District,
Residential/Professional Districts R-3 and R-3-A, the Central Business
District - CBD, Commercial C-2 and Industrial M-1 Districts.
(2) OwnerlResident Manager. As a condition of approval, Bed and
breakfast inns may be required to be designed where the principal
structure or accessory structure is occupied by the owner or resident
manager.
(3) Exterior modifications. The exterior appearance of an existing
residential structure shall not be altered from its single family residential
appearance. Modifications required providing accessibility in
accordance with the state accessibility code; federal ADA regulations,
state hospitality code, building and life safety codes may be required.
(4) Kitchen facilities. Kitchen facilities shall be approved by the appropriate
local, county and state departments and shall be limited to one central
kitchen to serve overnight guests and residents only. Cooking facilities
shall not be permitted in the guest rooms. Food shall not be provided to
non-guests.
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(5) Signs. One (1) non-internally illuminated sign shall be permitted for the
principal structure. The sign shall not exceed (20) square feet in sign
area, six (6) feet in height, and shall be located at the main entrance. A
building permit is required.
(6) Exterior lighting. All exterior lighting shall be consistent with the style
and architecture of the principal structure and shall be so designed,
installed and operated so as not to adversely affect adjacent properties.
(7) Parking requirements. One space per guest room must be provided.
Parking spaces shall conform to the minimum dimensions of the code
but are not required to meet other design standards.
(8) Site Plan. A site plan shall be required at the time of Conditional Use
Permit application submittal.
(9) Additional conditions. Other conditions that may be deemed necessary
by the Planning and Zoning Commission and the Clermont City Council
to protect the character of the neighborhood may be imposed.
(10) Bed and breakfast inns or Boarding houses permitted as a conditional use
(CUP) prior to the adoption of this amendment shall be deemed as a
conforming use, subject to those conditions imposed by the City Council
at the time of approval of the Conditional Use Permit.
Section 6.
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.
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• Section 7.
All ordinances or parts of ordinances in conflict with any of the provisions of this
ordinance are hereby repealed.
Section 8. Effective Date.
The provisions of this ordinance shall be effective as provided by law.
ENACTED this day of
EFFECTIVE on
2004
2004
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Passed First Reading: (Y1are h °~ 2004
Passed Second Reading: 1"(~C,CC~ ~ d ~ 2004
CITY COUNCIL
Or ONT, FLORIDA
o d urville, Mayor
ATTE This a3 day of M~,G~r' _ , 2004
Tracy Ackr d, CMC
Approved as to form and legality for use and benefit of the City of Clermont
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City Attorney
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